The URL can be used to link to this page

2456 PBA 22/23-17 Brightview Landscape Svcs - Piggyback Contractc� 4 60 Brightview Landscape Services, Inc., Piggyback Contract (PBA 22/23-217) for the Provision of Landscaping Services The City of Sanford, Florida, a Florida municipal corporation (hereinafter referred to as the "City") enters this "Piggyback" Contract (hereinafter referred to as the "Contract") with Brightview Landscape Services, Inc., a Florida corporation, (hereinafter referred to as the "Vendor"), whose local principal and mailing address is 1174 Florida Central Parkway, Longwood, Florida 32750, under the terms and conditions hereinafter provided. The City and the Vendor may be collectively referenced herein as the "Parties." The City and the Vendor agree as follows: 1. The Purchasing Policy for the City of Sanford allows for "piggybacking" contracts. Pursuant to this procedure, the City is allowed to piggyback an existing government contract, and there is no need to obtain formal or informal quotations, proposals or bids. The Parties agree that the Vendor has entered into a contract with the government of Seminole County said contract being identified as "Term Contract For Services Large Area/Main Facilities Landscape Maintenance (IFB-603397- 19/TLR)," as said contract may have been amended, relating to the provision of landscaping maintenance services (said original contract documents being referred to as the "Original Government Contract") 2. The Original Government Contract is incorporated herein by reference and is attached as Exhibit "A" to this Contract. All of the terms and conditions set out in the Original Government Contract are fully binding on the Parties and said terms and conditions are incorporated herein; provided, however, that the City will negotiate and enter work orders/purchase orders with the Vendor in accordance with City policies and procedures for particular goods and services. All pricing shall be F.O.B., City Hall, City of Sanford, with most favored nation pricing. 3. Notwithstanding the requirement that the Original Government Contract is fully binding on the Parties, the Parties have agreed to modify certain technical provisions of the Original Government Contract as applied to this Contract between the Vendor and the City, as follows: a. Insurance Requirements of this Contract: Certificate(s) are to be provided by the Vendor naming City as additional insured or certificate holder for insurance coverage. Said coverage is required to be maintained by the Vendor in accordance with Exhibit "B" attached hereto. b. For other provisions of the Original Government Contract that will be modified see Contract-Terms-And-Conditions-For-Web-Based- System-Revised-11.8.2021.pdf (sanfordfl.gov). The Parties shall also be bound by the purchasing policies and procedures of the City as well as the controlling provisions of Florida law. Work orders shall be used, in accordance therewith, in the implementation of this Contract to the extent deemed necessary by the City in its sole and absolute discretion. C. Address change for the City: Notwithstanding the address and contact information for the government entity as set out in the original government contract, The Vendor agrees that it shall send notices, invoices and shall conduct all business with the City to the attention of City Manager, at: City of Sanford, 300 North Park Avenue; Sanford, Florida 32771. The City Manager's designated representative for this Contract is: Chase Kaiser Purchasing Coordinator City of Sanford Finance- Purchasing Division 300 North Park Avenue Sanford, Florida 32772 Phone: 386-689-5079 d. Notwithstanding anything in the Original Government Contract to the contrary, the venue of any dispute will be in Seminole County, Florida. Litigation between the Parties arising out of this Contract 21_Page shall be in Seminole County, Florida in the Court of appropriate jurisdiction. The laws of the State of Florida shall control any dispute between the Parties arising out of or related to this Contract, the performance thereof or any products or services delivered pursuant to such Contract. e. Notwithstanding any other provision in the Original Government Contract to the contrary, there shall be no arbitration with respect to any dispute between the Parties arising out of this Contract. Dispute resolution shall be through voluntary and non-binding mediation, negotiation or litigation in the court of appropriate jurisdiction located in Seminole County, Florida, with the Parties bearing the costs of their own legal fees with respect to any dispute resolution, including litigation. f. All the goods and services to be provided or performed shall be in conformance with commonly accepted industry and professional codes and standards, standards of the City, and the laws of any Federal, State or local regulatory agency. g. The Vendor understands that Chapter 119, Florida Statutes, relating to public records shall be applicable to this Contract and acknowledges review of, and adherence to, the following disclosures from the City: I. IF THE CONTRACTORNENDOR HAS QUESTIONS REGARDING APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S (VENDOR'S) DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012, TRACI HOUCHIN, CMC, FCRM, CITY CLERK, CITY OF SANFORD, CITY HALL, 300 NORTH PARK AVENUE, SANFORD, FL 32771, TRACI.H000HIN@SANFORDFL.GOV. II. In order to comply with Section 119.0701, Florida Statutes, public records laws, The Vendor must: A. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service. B. Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not 3�Page exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Vendor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. III. If the Vendor does not comply with a public records request, the City shall enforce the contract provisions in accordance with this Agreement. IV. Failure by the Vendor to grant such public access and comply with public records requests shall be grounds for immediate unilateral cancellation of this Agreement by the City. The Vendor shall promptly provide the City with a copy of any request to inspect or copy public records in possession of the Vendor and shall promptly provide the City with a copy of the Vendor's response to each such request. h. The Vendor, in the event of any ambiguity in the contractual relationship between the Vendor and the City, shall comply with all "Standard Contractual Terms and Conditions," as provided on the City's website, which website can be reached and accessed, as well as said terms and conditions reviewed, at: (Contract - Terms -And -Con d ition s-For-Web-Based-System-Revised- 11.8.2021.pdf (sanfordfl.gov) All other provisions in the Original Government Contract are fully binding on the Parties and will represent the agreement between the City and the Vendor. 4. This Agreement shall be effective as of the date of execution of this Agreement by, or on behalf of, the City. 41 Page 5. The below signatories represent and affirm that they have the legal authority and right to enter into this Agreement and bind the party for whom they are executing this Contract to the terms and conditions herein set forth. Attest: Signature of First Witness PrintedName: /;, By: Signa re of First Witnes Printed Name: C, k4-- Lwv,t�� BRIGHTVIEW SERVICES, INC., corporation. By: i� Signature of a Printed Name Title: S Date: 1/I� LANDSCAPE a FLORIDA zed official. _ feN M Attest: CITY OF SANFORD, a Florida municipal corp ration �' l 77 Y: Z By: Traci Houchin, QMC, FCRM r Art Woodruff City Clerk Mayor � Date: ✓ v Approved as to form and legal sufficiency. rniiam L. U01 ity Attorney 5 1 Page a. 6KOO-1-- Exhibit "A" [Attach original government contract] 6 1 P a g e INSURANCE REQUIREMENTS (1) The Vendor shall obtain or possess and continuously maintain the following insurance coverage, from a company or companies, with a Best Rating of A- or better, authorized to do business in the State of Florida and in a form acceptable to the City and with only such terms and conditions as may be acceptable to the City unless the bid documents exclude or include certain types of insurance coverage or the level of coverage: (a) Workers Compensation/Employer Liability: The Vendor shall provide Worker's Compensation for all employees. The limits will be statutory limits for Worker's Compensation insurance and $3,000,000 for Employer's Liability. (b) Comprehensive General Liability: The Vendor shall provide coverage for all operations including, but not limited to, contractual, products, complete operations, and personal injury. Commercial General Liability is to include premises/operations liability, products and completed operations coverage, and independent vendor's liability or owner's and vendor's protective liability. The limits will not be less than $2,000,000 Combined Single Limit (CDL) or its equivalent. (c) Comprehensive Automobile Liability: The Vendor shall provide complete coverage for owned and non -owned vehicles for limits not less than $2,000,000 CSL or its equivalent. (d) Professional Liability: The Vendor shall provide coverage for all professional services performed. The limits will not be less than $2,000,000 CSL or its equivalent. (e) Sex Abuse Liability: The Vendor shall provide coverage with limits not less than $1,000,000 CDL or its equivalent. (2) All insurance other than Workers Compensation to be maintained by the Vendor shall specifically include the City as an additional insured. (3) For additional insurance requirements reference is made to the requirements shown in the City's Contract Terms And Conditions For All City Procurements (Contract-Terms-And-Conditions-For-Web-Based-System-Revised- 11.8.2021.pdf (sanfordfl.gov). 71 Page TERM CONTRACT FOR LARGE AREA/MAIN FACILITIES LANDSCAPE MAINTENANCE On-603397-19/TLR) THIS AGREEMENT is dated as of the _ day of 20 1 g , by and between BRIGHTVIEW LANDSCAPE SERVICES, INC,, duly authorized to conduct business in the State of Florida, whose address is 1174 Florida Central Parkway, Longwood, Florida 32750, in this Agreement referred to as "CONTRACTOR," and SEMINOLE COUNTY, a charter county and political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East 1st Street, Sanford, Florida 32771, in this Agreement referred to as "COUNTY." WITNESSETH: WHEREAS, COUNTY desires to retain the services of a competent and qualified contractor to provide all necessary management; supervision, personnel, materials, transportation, general and specialized tools and equipmen't' required to perform large area/main facilities landscape maintenance for Seminole County, and WHEREAS, COUNTY has requested and received expressions of interest for the retention of services of contractors; and WHEREAS, CONTRACTOR is competent, qualified, and desires to provide materials and services according to the terms and conditions stated in this Agreement, NOW, THEREFORE, in consideration of the mutual understandings and covenants set forth in this Agreement, COUNTY and CONTRACTOR agree as follows: Section 1. Materials and Services. COUNTY hereby retains CONTRACTOR to provide materials and services as further described in the Scope of Services attached as Exhibit A and made a part of this Agreement. CONTRACTOR is also bound by all requirements as Term Contract for Large Area/Main Facilities Landscape Maintenance (IFB-603397-19/TLR) CERTIFIED COPY - GRANT MALOY Page 1 of 2I CLERK OF THE CIRCUIT COURT .' AND COMPTROLLER I SE IN L COill U TY, FLORIDA - g EPUTY CLERK contained in the solicitation package, all addenda to this package, and CONTRACTOR's submission in response to this solicitation. Required materials and services will be specifically enumerated, described, and depicted in the Release Orders authorizing purchase of specific materials and services. This Agreement standing alone does not authorize the purchase of materials and services or require COUNTY to place any orders for work. Section 2. Term. This Agreement takes effect on the date of its execution by COUNTY and continues for a period of one (1) year. At the sole option of COUNTY, this Agreement may be renewed for seven (7) successive periods not to exceed one (1) year each. Expiration of the term of this Agreement will have no effect upon Release Orders issued pursuant to this Agreement and prior to the expiration date. Obligations entered by both parties under such Release Orders will remain in effect until delivery and acceptance of the materials authorized by the respective Release Order. The first six (6) months of the initial term are considered probationary. During the probationary period, COUNTY may immediately terminate this Agreement at any time, with or without cause, upon written notice to CONTRACTOR. Section 3. Authorization for Materials and Services. Authorization for provision of materials and services by CONTRACTOR under this Agreement must be in the form of written Release Orders issued and executed by COUNTY. A sample Release Order is attached as Exhibit B. Each Release Order will describe the materials and services required, state the dates for delivery of materials and services, and establish the amount and method of payment. The Release Orders must be issued under and incorporate the terms of this Agreement. COUNTY makes no covenant or promise as to the number of available Release Orders or that CONTRACTOR will perform any Release Order for COUNTY during the life of this Agreement. COUNTY reserves the right to Term Contract for Large Area/Main Facilities Landscape Maintenance (lFB-603397-19/TLR) Page 2 of 21 contract with other parties for the services contemplated by this Agreement when it is determined by COUNTY to be in the best interest of COUNTY to do so. Section 4. Time for Completion. The materials and services to be provided by CONTRACTOR will be delivered, as specified in such Release Orders as may be issued under this Agreement, within the time specified in the Release Order. Section 5. Compensation. COUNTY shall compensate CONTRACTOR for the materials and services provided for under this Agreement on a Fixed Fee basis. When a Release Order is issued on a Fixed Fee basis, then the applicable Release Order Fixed Fee amount will include any and all reimbursable expenses and will be based on the unit pricing attached to this Agreement as Exhibit C, or as reduced in the quoting process leading to specific Release Orders. Section 6. Payment and Billing. (a) CONTRACTOR shall supply .all materials and services required by the Release Order, but in no event will CONTRACTOR b6 paid more than the negotiated Fixed Fee amount stated within each Release Order. (b) For Release Orders issued on a Fixed Fee basis, CONTRACTOR may invoice the amount due based on the percentage of total Release Order materials and services actually provided, but in no event may the invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage of the total services actually completed. (c) COUNTY shall make payments to CONTRACTOR when requested as materials and services are provided, but not more than once monthly. Each Release Order will be invoiced separately. At the close of each calendar month, CONTRACTOR shall render to COUNTY an itemized invoice, properly dated, describing any materials and services provided, the cost of the Term Contract for barge AreaNiaui Facilities Landscape Maintenance (IFB-503397-19/TLR) Page 3 of 21 materials and services provided, the name and address of CONTRACTOR, Release Order Number, Contract Number, and any other information required by this Agreement. (d) The original invoice must be sent to: Director of County Comptroller's Office Seminole County Board of County Commissioners Post Office Box 8080 Sanford, Florida 32772 A copy of the invoice must be sent to: Leisure Services 100 East 1 Street Sanford, Florida 32771 (e) Upon review and approval of CONTRACTOR's invoice, COUNTY shall pay CONTRACTOR the approved amount in accordance with the terms as set forth in Chapter 218, Part VII, Florida Statutes. Section 7. General Terms of Payment and Billing. (a) Upon satisfactory delivery of materials and services required under this Agreement and upon acceptance of the materials and services by COUNTY, CONTRACTOR may invoice COUNTY for the full amount of compensation provided for under the terms of this Agreement less any amount already paid by COUNTY. Upon review and approval of CONTRACTOR's invoice, COUNTY will, in accordance with the terms as set forth in Chapter 218, Part VII, Florida Statutes, pay CONTRACTOR the approved amount. (b) COUNTY may perform or have performed an audit of the records of CONTRACTOR at any time during the term of this Agreement and after final payment to support final payment under this Agreement. Audits may be performed at a time mutually agreeable to CONTRACTOR and COUNTY. Total compensation to CONTRACTOR may be determined subsequent to an audit as provided for in this Section and the total compensation so determined Term Contract for Large Area/Main Facilities Landscape Maintenance (IFB-603397-19fTLR) Page 4 of 21 will be used to calculate final payment to CONTRACTOR. Performance of this audit will not delay final payment as provided by subsection (a) of this Section. (c) CONTRACTOR shall maintain all books, documents, papers, accounting records, and other evidence pertaining to materials and services provided under this Agreement in such a manner as will readily conform to the terms of this Agreement. CONTRACTOR shall make such materials available at CONTRACTOR's office at all reasonable times during the term of this Agreement and for five (5) years from the date of final payment under the contract for audit or inspection as provided for in subsection (b) of this Section. (d) In the event any audit or inspection conducted after final payment but within the period provided in paragraph (c) of this Section reveals any overpayment by COUNTY under the terms of the Agreement, CONTRACTOR shall refund such overpayment to COUNTY within thirty (30) days of notice by COUNTY. Section 8. No Waiver by Forbearance. COUNTY's review of, approval and acceptance of, orpayment for the materials or services required under this Agreement does not operate as a waiver of any rights under this Agreement, or of any cause of action arising out of the performance of this Agreement. CONTRACTOR is and will always remain liable to COUNTY in accordance with applicable law for any and all damages to COUNTY caused by CONTRACTOR's negligent or wrongful provision of any of the materials or services provided under this Agreement, Section 9: Termination. (a) COUNTY may, by written notice to CONTRACTOR, terminate this Agreement or any Release Order issued under this Agreement, in whole or in part, at any time, either for COUN TTY's convenience or because of the failure of CONTRACTOR to firlfill its obligations under this Agreement. Upon receipt of such notice, CONTRACTOR shall immediately Term Contract for Large Area/Main Facilities Landscape Maintenance (ND-603391-19frLR) Page 5 of 21 discontinue all services affected, unless the notice directs otherwise, and deliver to COUNTY all data, drawings, specifications, reports, estimates, summaries, and any and all such other information and materials of whatever type or nature as may have been accumulated by CONTRACTOR in performing this Agreement, whether completed or in process. (b) If the termination is for the convenience of COUNTY, CONTRACTOR will be paid compensation for services performed to the date of termination. (c) If the termination is due to the failure of CONTRACTOR to fulfill its obligations under this Agreement, COUNTY may take over the work and carry it to completion by other agreements or otherwise. In such case, CONTRACTOR will be liable to COUNTY for all reasonable additional costs associated with CONTRACTOR's failure to fulfill its obligations under this Agreement. (d) CONTRACTOR will not be liable for such additional costs if the failure to perform the Agreement arises without any fault or negligence of CONTRACTOR, but CONTRACTOR will be responsible and liable for the actions by its subcontractors, agents, employees, persons, and entities of a similar type or nature. Matters beyond the fault or negligence of CONTRACTOR include acts of God or of the public enemy, acts of COUNTY in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without any fault or negligence of CONTRACTOR (e) If after notice of termination for CONTRACTOR's failure to fulfill its obligations under this Agreement it is determined that CONTRACTOR had not so failed, the termination will be conclusively deemed to have been effected for the convenience of COUNTY. In such event, adjustment in the Agreement price will be made as provided in subsection (b) of this Section. Term Contract for Large Area/Main Facilities Landscape Maintenance (IFB-603397-19/TLR) Page 6 of 21 (fl The rights and remedies of COUNTY provided for in this Section are in addition and supplemental to any and all other rights and remedies provided by law or under this Agreement. Section 10. Agreement and Release Order in Conflict. Wherever the terms of this Agreement conflict with any Release Order issued pursuant to it, this Agreement will prevail. Section 11. Equal Opportunity Employment. CONTRACTOR shall not discriminate against any employee or applicant for employment for work under this Agreement because ofrace, color, religion, sex, age, disability, or national origin. CONTRACTOR shall take steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, disability, or national origin. ' This provision includes, but is not limited to the following: employment, upgrading, demotion or transfer, recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training including apprenticeship. Section 12. No Contingent Fees. CONTRACTOR warrants that it has not employed or retained any company or person other than a bona fide employee working solely for CONTRACTOR 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 CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from award or making of this Agreement. For the breach or violation of this provision, COUNTY will have the right to terminate the Agreement at its sole discretion without liability and to deduct from the Agreement price or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration. Term Contract for Large Area'Main Facilities Landscape Maintenance (rFB-603397-19/TLR) Page 7 of 21 Section 13. Conflict of Interest. (a) CONTRACTOR shall not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with COUNTY or violate or cause others to violate the provisions of Chapter 112, Part III, Florida Statutes, relating to ethics in government. (b) CONTRACTOR hereby certifies that no officer, agent, or employee of COUNTY has any material interest (as defined in Section 112.3 12(15), Florida Statutes, as over 5%), either directly or indirectly, in the business of CONTRACTOR to be conducted here and that no such person will have any such interest at any time during the term of this Agreement. (c) Pursuant to Section 216.347, Florida Statutes, CONTRACTOR hereby agrees that monies received from COUNTY pursuant to this Agreement will not be used for the purpose of lobbying the Legislature or any other state or federal agency. Section 14. Assignment, Neither this Agreement nor any interest in it may be assigned, transferred, or otherwise encumbered under any circumstances by either party without prior written consent of the other party and in such cases only by a document of equal dignity with this Agreement. Section 15. Subcontractors. CONTRACTOR shall first secure the prior written approval of COUNTY before engaging or contracting for the services of any subcontractors under this Agreement. CONTRACTOR will remain fully responsible to COUNTY for the services of any subcontractors under this Agreement. Section 16. Indemnification of COUNTY. To the fullest extent permitted by law, CONTRACTOR shall hold harmless, release, and indemnify COUNTY, its commissioners, officers, employees, and agents from any and all claims, losses, damages, costs, attorney fees, and Term Contract for Large Area/Main Facilities Landscape Maintenance (IFB-603397-19/TLR) Page 8 of 21 lawsuits for damages arising from, allegedly arising from, or related to CONTRACTOR's provision of materials or services under this Agreement caused by CONTRACTOR's act or omission in the performance of this Agreement. Section 17. Insurance. (a) General. CONTRACTOR shall procure and maintain insurance required under this Section at CONTRACTOR's own cost. (1) CONTRACTOR shall provide COUNTY with a Certificate of Insurance on a current ACORD Form signed by an authorized representative of the insurer evidencing the insurance required by this Section (Professional Liability, Workers' Compensation/Employer's Liability, Commercial General Liability, and Business Auto). The Certificate must have the Agreement number for this Agreement clearly marked on its face. COUNTY, its officials, officers, and employees must be named additional insureds under the Commercial General Liability, Umbrella Liability and Business Auto policies. If the policy provides for a blanket additional insured coverage, CONTRACTOR shall provide a copy of the section of the policy along with the Certificate of Insurance. Ifthe coverage does not exist, the policy must be endorsed to include the named additional insureds as described in this subsection. The Certificate of Insurance must provide that COUNTY will be provided, by policy endorsement, not less than thirty (30) days written notice prior to the cancellation or non -renewal, or by a method acceptable to COUNTY. Until such time as the insurance is no longer required to be maintained by CONTRACTOR, CONTRACTOR shall provide COUNTY with a renewal or replacement Certificate of Insurance before expiration or replacement of the insurance for which a previous Certificate of Insurance has been provided. Term Contract for Large AreaWain Facilities Landscape Maintenance (TFB-603397-19/TLR) Page 9 of 21 (2) In addition to providing the Certificate of Insurance on a current ACORD Form, upon request as required by COUNTY, CONTRACTOR shall provide COUNTY with a certified copy of each of the policies of insurance providing the coverage required by this Section within thirty (30) days after receipt of the request. Certified copies of policies may only be provided by the insurer, not the agent or broker. (3) Neither approval by COUNTY nor failure to disapprove the insurance provided by CONTRACTOR will relieve CONTRACTOR of its full responsibility for performance of any obligation, including its indemnification of COUNTY, under this Agreement. (b) Insurance Company Requirements. Insurance companies providing the insurance under this Agreement must meet the following requirements: (1) Companies issuing policies must be authorized to conduct business in the State of Florida and prove such authorization by maintaining Certificates of Authority or Letters of Eligibility issued to the companies by the Florida Office of Insurance Regulation. Alternatively, policies required by this Agreement for Workers' Compensation/Employers' Liability, maybe those authorized as a group self -insurer by Section 624.4621, Florida Statutes. (2) In addition, such companies must have and maintain, at a minimum, a Best's Rating of "A-" and a minimum Financial Size Category of "VII" according to A.M. Best Company. (3) If; during the period that an insurance company is providing the insurance coverage required by this Agreement, an insurance company (i) loses its Certificate of Authority, or (ii) fails to maintain the requisite Best's Rating and Financial Size Category, the CONTRACTOR shall immediately notify COUNTY as soon as CONTRACTOR has knowledge of any such circumstance and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Term Contract for Large Area/Main Facilities Landscape Maintenance (IFB-603397-19/TLR) Page 10 of 21 Agreement. Until such time as CONTRACTOR has replaced the unacceptable insurer with an insurer acceptable to COUNTY, CONTRACTOR will be deemed to be in default of this Agreement. (c) Specifications. Without limiting any of the other obligations or liability of CONTRACTOR, CONTRACTOR shall procure, .maintain, and keep in force amounts and types of insurance conforming to the minimum requirements set forth in this subsection, at CONTRACTOR's sole expense. Except as otherwise specified in this Agreement, the insurance will become effective upon execution of this Agreement by CONTRACTOR and must be maintained in force until the expiration of this Agreement's tern or the expiration of all Orders issued under this Agreement, whichever comes last. Failure by CONTRACTOR to maintain this .required insurance coverage within the stated period will constitute a material breach of this Agreement, far which COUNTY may immediately terminate this Agreement. The amounts and types of insurance must conform to the following minimum requirements: (1) Workers' Compensation/Employer's Liabiliiy, (A) CONTRA.CTOR's insurance must cover it for liability that would be covered by the latest edition of the standard Workers' Compensation policy as filed for use in Florida by the National Council on Compensation Insurance without restrictive endorsements. CONTRACTOR is also responsible for procuring proper proof of coverage from its subcontractors of every tier for liability that is a result of a Workers' Compensation injury to the subcontractor's employees. The minimum required limits to be provided by both CONTRACTOR and its subcontractors are outlined in subsection (C) below. In addition to coverage for the Florida Workers' Compensation Act, where appropriate, coverage must be included for the United States Term Contract for Large Area -Main Facilities Landscape Maintenance (IFB-603397-19/TLR) Page I 1 of 21 Longshoremen and Harbor Workers' Compensation Act, Federal Employees' Liability Act, and any other applicable federal or state law. (B) Subject to the restrictions of coverage found in the standard Workers' Compensation policy, there will be no maximum limit on the amount of coverage for liability imposed by the Florida Workers' Compensation Act, the United States Longshoremen's and Harbor Workers' Compensation Act, or any other coverage customarily insured under Part One of the standard Workers' Compensation policy. (C) The minimum amount of coverage under Part Two of the standard Workers' Compensation policy is required to be the following: $500,000.00 (Each Accident) $500,000.00 (Disease -Policy Limit) $500,000.00 (Disease -Each Employee) (2) Commercial General Liability. (A) CONTRACTOR -s- insurance must cover it for those sources of liability that would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01), as filed for use in the State of Florida by the Insurance Services Office. Coverage must not contain any endorsements excluding or limiting Products/Completed Operations, Contractual Liability, or Separation of Insureds. (B) CONTRACTOR shall maintain these minimum insurance limits: General Aggregate Two Times (2x) the Each Occurrence Limit Personal & Advertising $1,000,000.00 Injury Limit Each Occurrence Limit $1,000,000.00 Pollution Liability $1,000,000.00 (3) Professional Liability Insurance. CONTRACTOR shall carry Professional Liability Insurance with limits of not less than One Million and No/100 Dollars ($1,000,000.00). Term Contract for Large Area/Main Facilities Landscape Maintenance OFB-603397-19/TLR) Page 12 of 21 (4) Business Auto Policy. (A) CONTRACTOR's insurance must cover CONTRACTOR for those sources of liability which would be covered by Section II of the latest edition of the standard Business Auto Policy (ISO Form CA 00 01), as filed for use in the State of Florida by the Insurance Services Office. Coverage must include owned, non -owned, and hired autos or any auto used by CONTRACTOR. In the event CONTRACTOR does not own automobiles, CONTRACTOR shall maintain coverage for hired and non -owned auto liability for autos used by CONTRACTOR, ,which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. If the contract involves operations governed by Sections 29 or 30 of the Motor Carrier Act of 1980, endorsement MCS -90 is required. (B) The minimum limits to be maintained by CONTRACTOR must be per -accident combined single limit for bodily injury liability and property damage liability. (C) The minimum amount of coverage under the Business Auto Policy is required to be the following: Combined Single Limit $1,000,000.00 (d) Coverage. The insurance provided by CONTRACTOR pursuant to this Agreement must apply on a primary and non-contributory basis, and any other insurance or self-insurance maintained by COUNTY or COUNTY's officials, officers, or employees must be in excess of and not contributing to the insurance provided by or on behalf of CONTRACTOR- (e) ONTRACTOR(e) Occurrence Basis. The Workers' Compensation policy, the Commercial General Liability, and the Umbrella policy required by this Agreement must be provided on an occurrence rather than a claims -made basis. The Professional Liability insurance policy may be on an occurrence basis or claims -made basis. If a claims -made basis, the coverage must respond to all Term Contract for Large Area/Main Facilities Landscape Maintenance (IFB-603397-19/rLR) Page 13 of 21 Claims reported within three (3) years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. (f) Obligations. Compliance with the foregoing insurance requirements will not relieve CONTRACTOR, its employees, or its agents of liability from any obligation under this Section or any other Section of this Agreement. Section 18. Dispute Resolution. (a) In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties shall exhaust COUNTY administrative dispute resolution procedures prior to filing a lawsuit or otherwise pursuing legal remedies. COUNTY administrative dispute resolution procedures for proper invoice and payment disputes are set forth in Section 22.15, "Prompt Payment Procedures," Seminole County Administrative Code. COUNTY administrative dispute resolution procedures for. contract claims related to this Agreement, other than for proper invoice and payment disputes, are set forth in Section 3.5540, "Contract Claims," Seminole County Administrative Code. (b) In any lawsuit or legal proceeding arising under this Agreement, CONTRACTOR hereby waives any claim or defense based on facts or evidentiary materials that were not presented for consideration in COUNTY administrative dispute resolution procedures set forth in subsection (a) above of which CONTRACTOR had knowledge and failed to present during COUNTY administrative dispute resolution procedures. (c) In the event that COUNTY administrative dispute resolution procedures are exhausted and a lawsuit or legal proceeding is filed, the parties shall exercise best efforts to resolve disputes through voluntary mediation and to select a mutually acceptable mediator. The parties participating in the voluntary mediation shall share the costs of mediation equally. Term Contract for Large Area/Main Facilities Landscape Maintenance (IFB-603397-19aLR.) Page 14 of 21 Section 19. Representatives of COUNTY and CONTRACTOR. (a) it is recognized that questions in the day to day conduct of performance pursuant to this Agreement may arise. Upon request by CONTRACTOR, COUNTY shall designate and advise CONTRACTOR in writing of one or more of its employees to whom to address all communications pertaining to the day-to-day conduct of this Agreement. The designated representative will have the authority to transmit instructions, receive information, and interpret and define COUNTY's policy and decisions pertinent to the work covered by this Agreement. (b) At all times during the normal work week, CONTRACTOR shall designate or appoint one or more representatives who are authorized to act on behalf of CONTRACTOR and bind CONTRACTOR regarding all matters involving the conduct of the performance pursuant to this Agreement, and who will keep COUNTY continually and effectively advised of such designation. Section 20. All Prior Agreements Superseded. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained in this Agreement and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained or referred to in this document. Accordingly, it is agreed that no deviation from the terms of this Agreement may be predicated upon any prior representations or agreements, whether oral or written. Section 21. Modifications, Amendments, or Alterations. No modification, amendment, or alteration in the terms or conditions contained in this Agreement will be effective unless contained in a written amendment executed with the same formality and of equal dignity with this Agreement. Term Contract for Large Area/Main Facilities Landscape Maintenance (IFB-603397-19/'1ZR) Page 15 of 21 Section 22. Independent Contractor. Nothing in this Agreement is intended or may be construed as in any manner creating or establishing a relationship of co-partners between the parties, or as constituting CONTRACTOR (including its officers, employees, and agents) as an agent, representative, or employee of COUNTY for any purpose or in any manner whatsoever. CONTRACTOR is and will remain forever an independent contractor with respect to all services performed under this Agreement. Section 23. Employee Status. Persons employed by CONTRACTOR in the performance of services and functions pursuant to this Agreement have no claim to pension, workers' compensation, unemployment compensation, civil service, or other employee rights or privileges granted to COUNTY's officers and employees, either by operation of law or by COUNTY. Section 24. Services Not Provided For. No claim for services provided by CONTRACTOR not specifically provided for in this Agreement will be honored by COUNTY. Section 25. Public Records Law. (a) CONTRACTOR acknowledges COUNTY's obligations under Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, to release public records to members of the public upon request. CONTRACTOR acknowledges that COUNTY is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement and this statute controls over the terms of this Agreement. Upon COUNTY's request, CONTRACTOR shall provide COUNTY with all requested public records in CONTRACTOR's possession, or shall allow COUNTY to inspect or copy the requested records within a reasonable time and at a cost that does not exceed costs as provided under Chapter 119, Florida Statutes. Term Contract for Large Area/Main Facilities Landscape Maintenance (IFB-603397-19/rLR) Page 16 of 21 (b). CONTRACTOR specifically acknowledges its obligations to comply with Section 119.070 1, Florida Statutes, with regard to public records and shall perform the following: (1) Contractor shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the services required under this Agreement, (2) Contractor shall provide the public with access to public records on the same terms and conditions that COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (3) Contractor shall ensure public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law. (c) Upon termination of this Agreement, CONTRACTOR shall transfer, at no cost to COUNTY, all public records in possession .of CONTRACTOR, or keep and maintain public records required by COUNTY under this Agreement. If CONTRACTOR transfers all public records to COUNTY upon completion of this Agreement, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains the public records upon completion of this Agreement, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to COUNTY, upon request of COUNTY, in a format that is compatible with the information technology systems of COUNTY. (d) Failure to comply with this Section will be deemed- a material breach of this Agreement for which COUNTY may terminate this Agreement immediately upon written notice to CONTRACTOR. CONTRACTOR may also be subject to statutory penalties as set forth in Section 119. 10, Florida Statutes. Term Contract for Large Area/Main Facilities Landscape Maintenance (IFB-603397-19/TLR) Page 17 of 21 (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO TO THIS CONTRACT, CONTRACTOR MAY CONTACT THE fr t PURCHASING AND CONTRACTS MANAGER, AT 407-665-71169 R OOPER(a,SEMINOLECO T GOY, PURCHASING AND CONTRACTS DIVISION, 1301 EAST SECOND STREET, SANFORD, FL 32771. Section 26. Governing Law, Jurisdiction, and Venue. The laws of the State of Florida govern the validity, enforcement, and Jiterpretation of this Agreement. The sole jurisdiction and venue for any legal action in connection with this Agreement will be in the courts of Seminole County, Florida. Section 27. Compliance with Laws and Regulations. In providing all services pursuant to this Agreement, CONTRACTOR shall abide by all statutes, ordinances, rules, and regulations pertaining to or regulating the provision of such services, including those now in effect and subsequently adopted. Any violation of these statutes, ordinances, rules, or regulations will constitute a material breach of this Agreement and will entitle COUNTY to terminate this Agreement immediately upon delivery of written notice of termination to CONTRACTOR. Section 28, Patents and Royalties. Unless otherwise provided, CONTRACTOR is solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement, CONTRACTOR, without exception, shall indemnify and save Term Contract for Large Area/Main Facilities Landscape Maintenance (IFB-503397-19/TLR) Page 18 of 21 harmless COUNTY and its employees from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or supplied by CONTRACTOR. In the event of any claim against COUNTY of copyright or patent infringement, COUNTY shall promptly provide written notification to CONTRACTOR. If such a claim is made, CONTRACTOR shall use its best efforts to promptly purchase for COUNTY any infringing products or services or procure a license at no cost to COUNTY that will allow continued use of the service or product. If none of the alternatives are reasonably available, COUNTY shall return the article on request to CONTRACTOR and receive reimbursement, if any, as may be determined by a court of competent jurisdiction. Section 29. Notices. Whenever either party desires to give notice to the other, it must be given by written notice, sent by registered or certified United States mail, return receipt requested, addressed to the party for whom it is intended at the place last specified. The place for giving of notice will remain such until it has been changed by written notice in compliance with the provisions of this Section. For the present, the parties designate the following as the respective places for giving of notice: For COUNTY: Leisure Services Department 100 East 1 Street Sanford, Florida. 32771 For CONTRACTOR: Brightview Landscape Services, Inc. 1174 Florida Central Parkway Longwood, Florida 32750 Section 30. Rights At Law Retained. The rights and remedies of COUNTY provided for under this Agreement are in addition and supplemental to any other rights and remedies provided by law. Term Contract for Large Area/Ml ain Facilities Landscape Maintenance (IFB-603397-19ffLR) Page 19 of 21 Section 31. Headings and Captions. All headings and captions contained in this Agreement are provided for convenience only, do not constitute a part of this Agreement, and may not be used to define, describe, interpret or construe any provision of this Agreement. IN WITNESS WHEREOF, the parties have made and executed this Agreement for the purposes stated above. A TTV Q'P- L Print Name BRIGHTVIEW LANDSCAPE SERVICES, INC. t TIM ABBOTT, Branch Manager Date jBalance of this page intentionally blank,- signatory page continues on Page 21,] Term Contract for Large Area/Main Facilities Landscape Maintenance (IFB-603 397-19/ILLR) Page 20 of 21 IRAY(4PER, A O I -Y, FLORIDA d B Witness Purchasing and anagen P e bate: Witness ?,q7-kl L j LG Print Name For the use and reliance of Seminole County only. Approved as to form and legal sigficiency. / County Attorney DGS/dre 04//12/19 Attachments: Exhibit A - Scope of Services Exhibit B - Sample Release Order Exhibit C — Price Schedule T:1Userslt.cgal Secretary CSB\Purchasing 2019\iFB-60339719 TLR.clocx As authorized for execution by the Board of County Commissioners at its 2019, regular meeting. Term Contract for Large Arcal'Main Facilities Landscape Maintenance (IM-603397-19/TLR) Page 21 of 21 EXHIBIT "A" Part 1 General Scope Performance Work Statement 1.1 SCOPE OF WORK. The Contractor shall provide all necessary management, supervision, personnel, materials, transportation, general and specialized tools and equipment required to accomplish all services for Seminole County Board of County Commissioners, as specified in the Scope of Services. The Contractor shall implement all necessary work control procedures to ensure timely accomplishment of work requirements, as well as to permit tracking of work in progress. The Contractor is responsible for adequately planning and scheduling work to assure material and labor availability to complete work requirements within the response times and quality standards established herein. The contractor will follow the current Florida Friendly Best Management Practices for Protection of Water Resources by the Green Industry. 1.2 PERSONNEL 1.2.1 County Representative - All work in this contract will be under the supervision of a designated County Contract Coordinator from the Greenways and Natural Lands Division, 121 Bush Loop Sanford FL 32771 (407) 665 2001. 1.2.2 Contractor Representative — The Contractor will staff a full time representative who will coordinate with the County's Contract Coordinator. The work schedule shall contain the route to be followed and the location of work on each day. The Contractor shall notify the County's Contract Coordinator prior to any schedule variance. The notification shall occur before 8:00 a.m. on the day of the schedule variance. This should be coordinated with the County's Contract Coordinator, who will perform inspections and verify that the work has been completed as scheduled and handle problems that may arise. The Contractor shall have a dedicated program manager to supervise the performance of the company's work force to the scope of work and to coordinate with the County. 1.2.3 Other Personnel Requirements — The Contractor shall furnish supervisory, administrative and direct labor personnel to accomplish all work required. The Contractor employees performing the services required by the contract shall have specialized training, prior work experience or demonstrated technical skills required to fulfill the specific contract requirements. Contractor must hold a current pest control license pursuant to F.S. Chapter 482.071 and all pest control applications shall be done under the supervision of the licensed applicator. A current photocopy of the applicator's license shall be submitted to the County Representative or his designated representative. Applicator's licenses must be kept current at all times. Contractor shall provide a copy of all appropriate state and local licenses with the bid. Each person who applies fertilizers and /or pesticides for the Contractor shall be certified with the Florida Green Industries Best Management practices (BMPs). Contractor shall provide a copy of all BMP certificates to the County Contract Coordinator. The Contractor's irrigation staff shall have License irrigation/plumbing certification. The Contractor shall have staff with a iSA arborist certification. The Contractor shall also have staff with a Maintenance of Traffic certification. IFB-603397-19rrLR - Large/Main Facility Landscape Maintenance EXHIBIT "A" The Contractor shall submit daily reports to the County's Contract Coordinator, via email in spreadsheet format, containing the location of work in progress and the percentage of work completed to date. Failure to submit daily reports of completed work shall result in non payment for scheduled services. For the purpose of this contract all cyclical scheduled work must be completed by that respective Saturday. 1.2.4 Prohibition against hiring off-duty County employees — The Contractor shall not hire off-duty nor utilize under contract any person whose employment under the contract will, or appear to, result in a conflict of interest or violation of the standards of conduct. In instances of doubt, the Contractor shall refer the matter to the County's Contract Coordinator. 1.2.5 Employee Physical Capabilities — There shall be no discrimination against employees on the basis of handicaps or other disabling conditions; however, employees shall only be assigned to duties which they can perform without endangering the health, safety and welfare of themselves or others. The Contractor shall have a duty to reasonably accommodate any handicap. 1.2.6 Standards of Conduct for Contractor Personnel — All Contractor personnel or representatives shall obey all regulations in effect during the contract period. The Contractor shall be responsible for maintaining satisfactory standards of employee competency and conduct and for taking disciplinary action against his/her employees as necessary. The County Contract Administrator will require the Contractor to remove from the job site any Contractor employee found under the influence of alcohol, drugs, or any other incapacitating agent during the tour of duty. The Contractor shall also remove any employee whose conduct or appearance reflects disgrace or dishonor upon the County. The County reserves the right to require removal from the job site of any employee who endangers persons or property, whose continued employment is inconsistent with the interests of the government security, or whose presence deters the accomplishment of work. Furthermore, the County reserves the right to refuse to permit any Contractor employee to perform services under the contract who is not in compliance with requirements of contract. In such cases, the County's Contract Coordinatorwiil advise the Contractor of the reason for requesting an employee's removal or withdrawing his/her authorization to be in the facility. The removal from the job site of a Contractor employee shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the work specified in the contract. 1.2.7 Employee Identification —All Contractor employees shall wear a Contractor furnished identification uniform with logo which shall be visible on the outside of their clothing. 1.2.8 Contractor Availability — The Contractor shall provide a local telephone number, which is not a toll call from Seminole County, where he/she or the designated representative may be reached during normal duty hours. The program manager and alternate shall carry a telephone and the number shall be provided to the County Contract Administrator or designated representative, prior to contract performance and immediately upon any change, throughout the term of this contract. 1.2.9 Control of Personnel — The County will not exercise any supervision or control over Contractor personnel performing services under the contract. Contractor iF"03397-19/TLR - Large/Main Facility Landscape Maintenance personnel mhoU not be placed under the supervision, dhacUon, or evaluation of County personnel, or become an integrated part of the County organization in connection with performance under the contract, nor shall Contractor personnel be used in administration orsupervision ofCounty activities. 1'2.10 Personnel Selection —The Contractor shall be responsible for selecting personnel who are well qualified to perform the required Gen/ices, for supervising techniques used /n their vvorh, and for keeping them informed of all improvements, changes, and methods ofoperation. 1,3 QUALITY CONTROL PROGRAM. The Contractor shall establish and maintain G quality control prn8nann that identifies and results in correction of potential and actual problem areas throughout the entire scope of the contract. The Contractor's quality control program shall contain processes for corrective action without dependence upon County direction and include g customer complaint feedback $yatonn for correction of validated complaints and to inform the customer of corrections. At a nminirnUrn, the customer complaint shall contain procedures for the customer to file complaints with the Contractor, fmnne to be utilized by the ouotomDens, procedures for investigation of the complaint and feedback to the customer and the County on the results and actions taken on the complaint. 1'4 REWORK. Services that are not performed to County's satisfaction or to the required specifications shall be performed orre+padonned (reworked). Rework is eo|a|y utthe option Cfthe County. Rework shall be accomplished within two /2\calendar days of notification by the County at no additional cost to the County. Contractor shall notify the County's Contract Coordinator or designated representative when rework requirements have been completed. Any areas deemed incomplete and not appropriate for rework as determined bvthe County Contract Coordinator will be deducted from billings. 1.5 QUALITY ASSURANCE. The County's Contract Coordinator or designee will monitor the Contractor's performance under this contract by conducting a minimum of two /28inspections per month, mtall areas under contract with the Contractor Representative present. Inspection dohao and Urnea will be scheduled by the [}ounh/G Contract Coordinator and the Contractor will benotified mfthe inspection location not less than sixty ADO\ minutes prior tothe inspection time. Any areas determined to be incomplete during inspection and near or at the end of the current service cycle will be an automatic full deduction from billings with nmopportunity for rework. 1'6 PERFORMANCE EVALUATION MEETINGS. The Contnacto/oProgram Manager may be required to meet at least bi-weekly with the County Management Team during the first month of the contract. Meetings will be as often as necessary thereafter as determined bxthe County Management Team. 1'7 SAFETY. The Contractor shall comply with the most current edition of the FDOT Accident Prevention Procedures Manual pertaining boemployee safety when working adjacent to roadways. The Contractor will be responsible for obtaining a copy of this manual by contacting FDOTMaps and Publications Department in Tallahassee. The Contractor shall also abide byall applicable OSHA standards. 1.8 SMOKE FREE ENVIRONMENT. Smoking ioprohibited iDCounty buildings except for designated smoking areas. Smoking is not permitted in offices or common areas such |p8-6O33871g/rUR-Large/Main Facility Landscape Maintenance EXHIBIT "A" as hallways, stairwells, restrooms, elevators, entryways, lobbies, conference rooms, classrooms. Permissible areas will be so designated. 1.9 NO WORK WILL BE PERFORMED ON LEGAL COUNTY HOLIDAYS OR SUNDAYS, UNLESS AUTHORIZED BY COUNTY CONTRACT ADMINISTRATOR. Days designated by Seminole County as legal holidays. These days are: New Year's Day Martin Luther King's Birthday (observed 31 Monday of January each year) Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day Christmas Day When such holidays fall on Saturday, the preceding Friday shall be considered a holiday. When such holidays fall on a Sunday, the succeeding Monday will be considered a holiday. 1.10 SECURITY. The Contractor shall be responsible for the security of his/her property and the property of the Contractor's employees. 1.11 OFFICE AND STORAGE AREA. The Contractor shall furnish his/her own office and storage area off post. 1.12 VEHICLE REGISTRATION. All vehicles operated in support of the contract, including Contractor and Contractor employees' privately owned vehicles or subcontractor vehicles, shall be properly registered, insured, licensed and safety inspected in accordance with applicable Federal, state and local government requirements. 1.13 CIRCUMSTANCES TO BE REPORTED. The Contractor and the Contractors employees shall report any circumstances of needed repairs of the facility or unusual soiling of an area which may affect the performance of the work, unhealthy or hazardous conditions; and any delays or interference with the work caused by County employees. Such items shall be reported to the County's Contract Coordinator immediately upon discovery by the Contractor. Emergency repairs must be notified immediately at 407-665- 6650. 1.14 REPORTING CRIME OR SUSPICIOUS ACTIVITIES. The Contractor shall report any crime to the Sherriff non -emergency line at 407-665-6650 immediately upon learning of the crime. The Contractor shall also report all suspicious activities or conditions conducive to crime immediately. 1.15 DAMAGES DUE TO FIRE, THEFT, ACCIDENT OR OTHER DISASTER. The County will not be responsible for damage due to fire, theft, accident, or disaster to the Contractor's supplies, materials, equipment, or Contractor's personal belongings brought into the County buildings or onto the government grounds. IFB-603397-19[TLR - LargelMain Facility Landscape Maintenance EXHIBIT "A" 1'16 EQUIP M ENTISUPPLI ES. The Contractor shall furnish all equipment and supplies necessary toperform the required services. 1'17 HAZARDOUS CHEMICALS. When m substance indetermined to be hazardous, the Contractor shall perform inaccordance with regulations such asOSHA. 1.18. MATERIAL SAFETY DATA SHEETS. The Contractor shall submit, atthe request ofthe County's Contract Coordinator, any orall Material Safety Data Sheets for hazardous materials proposed for use inthe performance ofthe contract. In addition, the Contractor shall maintain copies available for review bvthe Contractor employees. 1'19. PREMISES. Contractor shall assume full responsibility for any damage to any Cmunty. other contractors, or home owner's property caused oralleged to have been caused byorincident tothe execution ofthis Work. 1.20 MAINTENANCE OF TRAFFIC. During work adjacent to nJ8dxvayn, the Maintenance of Traffic shall conform to the Florida Department of Transportation's (FDOT) most current editions of "Roadway and 7-osffic Design Standards" for Design, Construction, Maintained Systems and the "Manual on Uniform Traffic Control Devices for Streets and Highways." These documents can be ordered from the State of Florida Department of Transportation, Map and Publications Department, 605 Suwannee Street, Tallahassee, Florida, 323SQ-O45O'Phone: /9O4>488-923O.Aproposed traffic control plan shall be submitted to County Representative for approval prior to starting work. Lane ckJsunssvvi|| be limited to non -peak traffic Vo|unna hours and only as approved by the County Traffic Engineering Division. 1'21 GATED FACILITIES ACCESS The contractor shall provide a schedule so they can arrange to have access tothe respective gated county facility hJ perform maintenance. The awarded contractor nnumd obtain a license from the airport authority to gain access for the sheriff hanger property at no cost to the County. Some county facilities may have restrictions on available days for mowing and trimming. |po-6u3n871onLn'Large/Main Facility Landscape Maintenance Scope of Services 1.32LANDSCAPED BED MAINTENANCE — A. INTENT Landscaped Bed Maintenance constitutes professionallyrnointoin' all landscape areas within designated county properties. Plant maintenance eh|U include, but not be limited to ahmohnQ, prVOiOg, nnu/ching, weeding, fertilizing, chemical applications of insecticides /fungue. stna/ghtening, and all other care required for property health and vigorous growth of the plants. Prior to removal of deceased/dying plant material, the Contractor shall obtain County authorization. The written results of work completed along with the reporting sheet and M.S.D.S. sheets for any proposed chemical shall be sent to the {}ounb'/m Contract Coordinator within twenty-four (34) hours of the completion of each cycle. B. METHOD OF OPERATIONS All mulched areas shall have all Qnamm. vvoede' |itter, terminally diseased or dorneQad plants and undesirable growth removed to maintain the landscape in e healthy attractive condition. Removal of dead shrubs and groundnover shall be included under routine Landscape Bad Maintenance. The Contractor shall notify and obtain approval bythe (�nunty's��nntmyct<�oordinatmrphorbzmymnovingdead ' material. The Contractor shall prune all plants from the edges ofbuildings, rnodmd . ��and o��o��ou��ao��e��n�-the property. Prune all plants tD encourage healthy natunal growth pattern and to develop the eventual and future branching structure for each specific variety. /\U incidental pruning tokeep podeuthanclearance a1noless than 0^inches back from edge of pavement from encroaching shrubs shall be done according to International Society ofArboriculture U.8.A.\ Standards. Pruning shall provide a neat and well -manicured appearance. Pruning for site distance at intersections shall occur on all shrubs according to local Engineering and [.S.A. standards. Pruninq Pruning of shrubs and other specimen plants will not be permitted without pre - approval and consent of the County representative or his designated representative. Pruning shall be provided to encourage a healthy natural growth pattern for each specific plant variety. All shrub pruning should level and develop a healthy branching structure. |foplant species blooms year round, than pruning shall be performed inthe spring after the first flush ofblooms. Grouped plantings shall be allowed to form rnanoos appropriate to the species. Power -shearing and hard -cut pruning is not permitted without the pre -approval of the County Representative orhis designated representative. |F8-6O3ae71errLR-Large/Main Facility Landscape Maintenance EXHIBIT "A" Pruning shall include but not be limited to removal of vegetation which is dead, damaged or diseased. Removal of dead or faded flowers shall be performed on an as needed basis. Large shrubs (Hollys, Junipers, are to be kept A symmetrical and water sprout free. Side shoots and branches may be "headed back" but are to be left on and encouraged on any tree that still requires bracing or staking. This is to encourage more rapid trunk growth and strengthening. The contractor is required to remove all pruned materials and debris from the site after each service. Plant growth regulators can be applied only if approved by the County Representative or his designated representative. Contractor will be required to follow current recommended sterilization practices on pruning tools where needed to isolate the spread of disease. C. QUALITY Shrubs, groundcovers, sod, and materials damaged by the Contractor or neglected diseased plants left untreated shall be replaced or reworked by the Contractor at his/her expense. Replacement plants shall conform to the speciestvariety, grade, standard, and size to match existing plants. Replacement material, which is smaller or otherwise different from the original plants, must have prior County approval. All replacement material must have prior County approval. Contractor shall not be responsible for acts of God such as freeze damage or heavy storms that create unusual cleanup, pruning or replacements in excess of the normal scope of these services. D. QUANTITY AND FREQUENCY OF MAINTENANCE Bed maintenance cycles aQ 30 per vear January February Marchril may June Jut A ust Se ember October November December 2 2 2 2 3 3 3 3 3 3 2 2 E. PEST CONTROLNVEEDING All areas within landscape beds must be mulched and maintained weed free. Ornamental beds, hedge areas, and tree basins will be kept weed free by such mechanical means as hoeing or hand pulling, and/or by herbicide applications. Where chemical weed control is thought to be necessary, contractors are encouraged to use the least toxic, target -specific materials and methods. Contractor shall practice Integrated Pest Management (I.P.M.) to control insects, disease and weeds on and around perennials, ground covers, shrubs, vines and trees. This will include constant monitoring and spot treatment as necessary using least toxic methods available per industry best management practices. Weeds and grass in beds or mulched areas will be removed each ordered cycle by hand or IFS-603397-19/TLR - Large/Main Facility Landscape Maintenance EXHIBIT "A" selectively by chemical, provided that chemicals will not result in damage to plants or leave an unsightly appearance. Weeds along and in the pavement edge of curb lines of hardscaped medians/walkways containing landscape materials shall be addressed each service cycle to discourage the rapid reoccurring growth within the expansion joints areas. The cost of work and materials for pest control/weeding shall be included in the unit price bid for Landscape Bed Maintenance. For bidding purposes thirty (30) cycles have been estimated. Machine edge all beds and power blow any clippings from impervious areas. IPM is the coordinated use of pest and environmental information and available pest control methods to prevent unacceptable levels of damage by the most economical means with the least possible hazard to people, property and the environment. This will include constant monitoring and spot treatment as necessary using least toxic methods available per industry best management practices. All bags and debris are to be removed that day of service, no exceptions. F. APPLICATION OF INSECTICIDES AND FUNGICIDES Planting beds attacked by, or showing signs of disease or pests shall be properly remedied immediately and cared for by the Contractor. The Contractor shall notify the County's Representative prior to the application of insecticides and fungicides. The Contractor shall also treat any shrubs, or trees deemed to be infested by the County Representative per consultant recommendations. The Contractor shall abide by the manufacturer's specifications for all chemicals or chemical compounds used and provide an M.S.D.S. for each chemical prior to application. The Contractor shall abide by all rules, laws, ordinances and statutes of the Federal, State and County, as well as any other governmental agencies having jurisdiction pertaining to the handling, storage and application of pesticides or fungicides. The cost of all work and materials for the application of insecticides and fungicides shall be included in the unit price bid for Landscape Bed Maintenance. Disease and other pests shall be identified and reported to the County with recommendation of remedial treatment within hours of the site visit. If directed by the County's Contract Coordinator, work shall be completed within two (2) days from time of notification. Upon County approval, the Contractor shall be responsible for carrying out the remediation plan including, but not limited to, application of insecticides and fungicides. G. FERTILIZATION The Contractor shall utilize the formulas and amounts for fertilization indicated below. Prior to application, the Contractor is required to supply the County's Contract Coordinator with the fertilizer label and a sample of the fertilizer to be spread. Shrubs, and ground covers shall be fertilized with a slow-release fertilizer at the rate of no more than one pound of nitrogen per 1,000 square feet of planting area. The fertilizer shall contain both nitrogen and potassium, in slow-release form. A soil test should be used to determine if magnesium (Mg), and minor elements such as iron and manganese are needed. If the soil test indicates that these elements are needed, fertilizer should contain 3% - 5% magnesium (Mg) and 1% - 2% of iron and manganese. IFB-603397-191TLR - Large/Main Facility Landscape Maintenance Fertilizer type depends uOsoil conditions. Nutritional deficiencies may develop due to soil conditions, such as alkaline pH or compacted smhs, or damaged and diseased root systems. Deficiencies of specific nutrients shall betog- vth applications Ofthe needed nutrient inaccordance withUFFA8 na��nn�ndaUoOs until deficiencies are corrected. Fertilizer shall bebroadcast around plants uniformly, but Will never directly contact stems and trunks. Fertilization scheduling shall not exceed the recommendations from the UF/IFAS Extension Service and should comply with the Green Industries Best Management Practices, and state and local ordinances. Local fertilizer regulations may prohibit the use ofnitrogen fertilizers during the summer months. 1. Application Two applications of fertilizer to all county property landscape beds shall be applied /n the spring/ fall. The cost of all work and materials for fertilizing shall be in the unit price Proposal for Landscape Bed Maintenance. H. HERBICIDE Herbicidingconstitutes pre -emergent and post -emergent treatment ofundesirable gnsoe. Vveede, vegetation and plant material growing in, along and around landscape mneoe with an approved herbicide to maintain these anaoo in an attractive and manicured condition. Herbicide use shall be limited to specific sites or undesirable growth in the landscape areas identified by the Contractor and authorized bythe County's Contract Coordinator. The Contractor shall keep all planted areas free of weeds. Weeds in the landscape (shrubs and ornamentals) shall be controlled by mechanical removal and /or with pre -emergent and post -emergent herbicides. Herbicides shall not be applied when there is a danger of winds that could cause spray drift and damage tpsurrounding landscape areae. A non-selective post -emergent herbicides will need County approval prior to use and must conformance with the manufacturers instructions. The application ofpre-emergent herbicide should be considered and incorporated into the schedule. Selective herbicides shall be approved by the County's Contract Coordinator. The nood of all work and materials for herbickjing ahashall be in the unit price bid for Landscape Bed Maintenance. Note: Herbicides shall not beused 8masubstitute for planter bed edging. 1. Quanti!y and Freguency of Herbicide Treatment The total number and timing of the cycles will depend upon the type of herbicide used and growth conditions during the season. 2. Limitation of Operations Herbicide treatment will be on an as -needed basis during the cycles for Landscape Bad Maintenance. The Contractor shall abide by all ru(mo' |omm. ordinances and statutes of the State and County having jurisdiction pertaining to the hand|ing, storage and application of herbicides. P|ento. grass and trees damaged by the /Fu*Vaonr-1o[TLn-Large/Main Facility Landscape Maintenance EXHIBIT "A" improper use of herbicides will be replaced by the Contractor at his/her expense. Replacements will be of the same size and type and originally planted quality of those damaged. 3. Quali If at any time the herbicide treatment is not in accordance with the specifications, the services will be performed again at no additional cost to the County. Overspray of herbicide resulting in plant or turf mortality will result in replacement at no additional expense to County. All above work is to be included with the unit landscape bed Cost. 1.23- MULCHING Mulching constitutes providing and placing Mini -Pine Bark Nuggets mulch and Pine Straw mulch in designated areas. Quantity and Frequency of Mulching Mini -Pine Bark Nugget and Pine Straw mulch (as determined by site through County's Contract Coordinator) shall be installed as directed in all designated Landscaped Beds in a settled manner to a depth of three (3') inches. All bed line edges will be trenched to help contain the applied mulch. One application of mulch to all landscape beds shall be applied in the spring. The cost of all work and materials for mulch for a single three (3") inch level application for all the beds and trees rings shall be in the unit price for mulch for the entire property. 2. Method of Operations Mulch shall be supplied by the Contractor, delivered to the site and applied in the areas specified. Mulch shall be placed by hand to a settled but not tightly compacted consistency. 3. Quality Mulch shall be free of insects, disease, debris, trash, seeds, etc., and placed in such a manner as to provide a neatly groomed settled appearance in accordance with industry standards. 1.24 -TURF MAINTENANCE All properties shall be edged with power edger to control encroachment of grass on sidewalks (of any surface), curbing, tree rings, roadways, and parking lots. Edging shall coincide with each mowing service. Edging shall not be considered complete until all undesirable material has been removed from over the above mentioned areas. Failure to do so will result in non-payment for entire area. Hand held or walk behind edgers will be the only method approved for edging. IFB-603397-191TLR - Large/Main Faclifty Landscape Maintenance B. Herbicide Is to be used for spot spraying of expansion joints of curb Autteru, sidovvo/ke and Curb Inlets. Herbicide along walls and fence lines will bepermitted. The chemical type will require approval by the County's Contract Coordinator. The Roba of Herbicide that ioapplied imtocomply with the manufacturer's label. Herbicide shall not be used as o replacement for xveed+aeUng. edging Or in areas susceptible to erosion. C. Weed Trimmin All areas that are inaccessible to mowing machinery such aaslopes, ditches, berms, fenon0, steep ahnu|dgny, eto, shall be weed trimmed. All amenities such as kiosha, bencheo, trees etc, shall be weed birnmned unless approved by County Contract Herbicide mJrdro|a may be used for fence lines. D. Mowinc All turf areas shall be cut to a uniform height ofno less than three and one half inches (31/2") Vendor shall make every effort not to cause "scalping" while mowing any area. Any turf or hardscape area that has been damaged by equipment shall bmfixed urreplaced atnocost bothe County. Mower blades will besharp e{all times toprovide aquality cut. It is not necessary to remove grass clippings as long as no readily visible clumps remain on the guson surface 36 hours after rnovv/nQ. Otherwise, contractor will distribute large c|Unlpo of clippings by mechanical blowing or by collecting and removing them. In the case of fungal disease outhn*aka, contractor will collect clippings until the disease iacontrolled. E. Litter Removal All litter and debris are hoberemoved during each mowing cycle. Litter and debris removal includes the pickup, removal and disposal of any item not permitted such an but not limited to; cigarette buffs. xxoOd' landscape debris, signs, tireo, oono, bags of tnsah. used staking and guy wines, newspapers,magazines, food etc.,oontgiDmro. boxes, sheets of paper, �.. which w�willresult in an objectionable appearance. The cost ofall work and materials for litter removal shall beinoiuded in the unit price bid for mowing. The following mhoU be "power blown" at the conclusion of each mowing cycle: sidexwe|ka, surfaces, parking lots and building entrance ways. |pa-6O339719nIR'Large/Main Facility Landscape Maintenance EXHIBIT "A" F. Cuttings and Trimmings It shall be the responsibility of the Contractor to remove or disperse any vegetative clippings from hard surfaces following mowing. Under no circumstance are drainage structures to be used as disposal sites. Clippings will be swept, blown, or vacuumed from sidewalks, patios, curbs, and roadways immediately after mowing or edging. They will not be blown into storm drains. Blowers shall not be used in parking lots. Any damage to vehicles, including damage from vegetative debris and grass clippings, is the responsibility of the contractor. Mowing must be directed away from water bodies and impervious surfaces. Turfgrass clippings are a source of slow-release nitrogen. Leaving the clippings, rather than removing and bagging them, reduces both fertilization needs and the amount of plant material that must be disposed. Note: no plant material is allowed in Florida landfills. No readily visible clumps shall remain on the grass surface after mowing. Large clumps of clippings will be raked into the turf or immediately collected and removed by the contractor. G. Application of Insecticides and Fungicides Turf attacked by, or showing signs of disease or pests shall be properly remedied immediately and cared for by the Contractor. The Contractor shall notify the County's Contract Coordinator prior to the application of insecticides and fungicides. The Contractor shall also treat any turf deemed to be infested by the County Representative per consultant recommendations. The Contractor shall abide by the manufacturer's specifications for all chemicals or chemical compounds used and provide an M.S.D.S, for each chemical prior to application. The Contractor shall abide by all rules, laws, ordinances and statutes of the Federal, State and County, as well as any other governmental agencies having jurisdiction pertaining to the handling, storage and application of pesticides or fungicides. The cost of all work and materials for the application of insecticides and fungicides shall be included in the unit price bid for Landscape Turf Maintenance. Disease and other pests shall be identified and reported to the County with recommendation of remedial treatment within hours of the site visit. If directed by the County's Contract Coordinator, work shall be completed within two (2) days from time of notification. Upon County approval, the Contractor shall be responsible for carrying out the remediation plan including, but not limited to, application of insecticides and fungicides. H. Fertilization The Contractor shall utilize the formulas and amounts for fertilization indicated below. Prior to application, the Contractor is required to supply the County's Contract Coordinator with the fertilizer label and a sample of the fertilizer to be spread. Turf shall not be fertilized when heavy rain is expected. A "Ring of Responsibility" will be left around or along water bodies. The Ring of Responsibility shall extend at least 10 feet from the edge of the water, Fertilizers must contain slow-release nitrogen and will be applied at the rate of no more than one pound of nitrogen per 1,000 square feet. This is calculated by IFB-603397-19/TLR - Large/Niain Facility Landscape Maintenance EXHIBIT "A" dividing the percentage of nitrogen into one hundred. (Example: If the ratio 15-0- 15 is used, then 6.6 pounds of the fertilizer will be spread over 1,000 square feet of lawn area). 2. Formula The formula to be used on all the turf shall be 15-0-15 with micro nutrients, or any other comparable fertilizer approved by the County's Contract Coordinator, 3. Rate This fertilizer shall be applied in turf areas annually in the spring at the rate of 6.6 pounds per 1000 square feet 4. Application Two applications of fertilizer to all county property landscape turf shall be applied in the spring/ fall. The cost of all work and materials for fertilizing shall be in the unit price Proposal for Landscape Turf Maintenance. All above work is to be included the unit landscape Mowing Cost. 1. _Quality and Frequency of Maintenance Mowing Cycles @ 33 cycles per year following the schedule below ` January February March Aril May June Jufv Auoust September, October November December f 1 2 3 4 4 4 4 4 3 2 1 *County reserves the right at any time to adjust mowing frequency 1.25- LITTER/ DEBRIS MAINTENANCE PORTER SERVICE A. Litter Removal All litter and debris are to be removed during each trash maintenance service cycle. Litter and debris removal includes the pickup, removal and disposal of any item such as cigarette butts, wood, landscape debris, signs, tires, cans, bags of trash, used staking and guy wires, newspapers, magazines, food containers, boxes, sheets of paper, etc., which will result in an objectionable appearance. (Contractor is to provide own county approved Liners for trash cans) B. Pavement/Walkway Debris Removal All debris is to be power blown/vacuumed/swept removed during each maintenance service cycle. Litter and debris removal includes the pickup, removal and disposal of any not permitted item such as leaves, sticks, branches, cigarette butts, wood, landscape debris, etc., which will result in an objectionable appearance All pavement areas shall be blown during each service Mondays and Fridays. If landscape maintenance occurs on a Monday or Friday, Litter/Debris Maintenance Service shall not be additionally charged. This includes parking lots, building entrances, and court yards. IFB-643397-19rrLR - Large/Main Facility Landscape Maintenance EXHIBIT "A" C. Frequency of Trash Maintenance TRASH Cycles @ 104 cycles per year. Mondays and Fridays for all 52 weeks 1.26 -TREE AND SHRUB MAINTENANCE The Contractor shall prune all plants from the edges of buildings, roads, driveways, fences and sidewalks to insure the safety of citizens and the protection of the property. Prune all plants to encourage a healthy natural growth pattern and to develop the eventual and future branching structure for each specific variety. All incidental tree pruning to keep the facility trees and shrubs for clearance shall be done according to International Society of Arboriculture (I.S.A.) Standards, Pruning shall provide a neat and well -manicured appearance. Pruning for site distance at intersections will occur on all trees and shrubs according to the I.S.A. standards. All trimming cost shall be built with the turf maintenance unit cost. All incidental tree pruning to keep pedestrian clearance at no less than ten feet (10') above pavement and no less than six (6") inches back from edge of pavement from encroaching shrubs shall be done according to International Society of Arboriculture (I.S.A.) Standards. Pruning for site distance at intersections will occur on all trees and shrubs according to local Engineering and I.S.A. standards. Hedges shall be maintained set a specific heights as to locations All Palms shall be pruned once a year removal of old boots and dead fronds. No trimming of green fronds above nine (9) and three (3). All Crape myrtles shall only be pruned with hand pruners on branch diameters of one (1n) inch or less during the dormant winter period. During each mowing cycle, the Contractor will be required to remove and dispose of all vegetation including but not limited to vines, seedlings, weeds and sucker growth from shrubs, trees and plants that have grown on, within, around, through or on top of all trees, shrubs. Any major tree surgery or tree removal, which becomes necessary through no fault of the Contractor, shall be at the County's expense. 1.27- IRRIGATION MAINTENANCE The contractor shall be responsible for the operation and maintenance of the irrigation system, and for setting and adjusting the time clocks to ensure proper watering of all plant material and turf in the landscape. The contractor shall be responsible for the labor and supervision needed to make minor irrigation repairs to the lateral lines, risers and sprinkler heads/ rotors of the irrigation system up to three (3") inches in diameter as required to keep the system operating. This cost shall be in the unit cost for turf maintenance. All Major repairs to main lines, valves, pumps and intake piping shall be reimbursed by the County/Division. Reimbursable repair work shall require authorization by the County's Contract Coordinator prior to commencement. Prior to the commencement of the maintenance program, the contractor shall have forty-five (45) days from the start of contract to inspect the irrigation system and report existing damage or incorrect operation and coverage to the County/Division. IFB-603397-19TrLR - Large/Main Facility Landscape Maintenance EXHIBIT "A" The contractor shall beresponsible for the in- integrity the system after this initial inspection� r�p�mndoubsmquantrepaina. Time clocks shall be checked once a week or as may be required if drought areas found. The contractor shall, check twice per month or as necessary and fully operate all irrigation zones and replace, repair or clean RU irrigation heads,lines, ma|wea, valve boxes and controllers as needed. Any equipment damaged byth- ` contractor's operation shall be replaced with the same equipment and by the same manufacturer unless otherwise approved by the County's Contract Coordinator. The irrigation shall becapable ofproviding one and one half inches (1 Y2") of water to all week -unifonn lush green landscape appearance. The system shall be adjusted during the ` various seasons. The oonba(�urshmU be required to nnmkeorepairs paisvvithin - minimum twenty-four (24) hour period or sooner as requested by the County's Contract Coordinator. Some case immediate response for shutting down breaks orstuck valves veberequired. Any form ufdamage tothe irrigation systemmustbenapo/tedtotheCounb/mnapreaenbaUvainnediate|yuRondiscovery. Irrigate oa necessary during periods of little or no rainfall unless there is an automatic irrigation syatmrninp/ace.Gupp|yanysupp}ennenta/wabehnQnecesaery to apply the proper amount of water to keep the plant rnoteha| in optimal health. Supplemental watering may require a large portable watering tank, {[npa-- — sprinklers oraddibrn additional hose due to the lack ofvvoVe[the contractor shall be responsible for replacement at no cost 10the county. Avvrtten irrigation inspection schedule shall be provided bythe oon�actortothe <�ountv'n(�Vntmact{�oondinator.The contractor mhoUberesponsible for controlling the amount mfwater used for irrigation and any damage that nssu|b» from over- watering vapvxaterinQ orinsufficient watering. /FB-nV33Hz1e[TzR'LsrgemxainFacility Landscape Maintenance EXHIBIT "A" Performance Work Standards 1.28 -Performance Analysis and Standards: Performance analysis assigns a performance requirement to the iamka. which involves determining how o service can be measured and what performance standards and quality levels apply. The performance standard establishes the performance level required bythe County. Correspondingly, the 000eotab|equality level establishes m maximum allowable error rate orvariation fronnthe 'standard. Monthly payments to the Contractor will be reduced for incomplete performance using the following methods. ° Contractor performance will be compared hocontract standards and acceptable quality levels as stated /nthe contract. ° The Contractor will be notified of any deficiency identified during the 0arnn of the contract. Contractor shall take appropriate corrective action upon notification. In the event ofsuch notification, the Contractor shall explain inwriting within five (5)days of receipt, why performance was unsatisfactory, how performance will be brought into compliance with contract specifications and standards and how the problem will be prevented. ° Contractor will have two (2) days including weekends to rectify any deficiencies identified by the County's Contract Coordinator. Failure to rectify within two (2) days shall result innon payment for the area inquestion. |FB-60039r1y1-raR'Large/Main Facility Landscape Maintenance EXHIBIT "N' 27 Locations IFB-603397-19frLR - Large/Main Facility Landscape Maintenance I County Services Bldg, 1 East 1 st Street Sanford, FL 32771 2 Health and Human Services 400 W Airport Blvd Sanford, FL 32773 3 John E Polk Correctional 211 Bush Blvd Sanford, FL 32773 4 Sheriff- Public Safety Bldg. -Museum 100/150/180 Bush Sanford, FL 32773 5 of Sem. Cty History 'v'y 300 Bush Blvd Sanford, FL 32773 6 County Civil Courthouse 301 North Park Avenue Sanford, FL 32771 # 7 Juvenile Justice Center Ian 190 Bush Blvd. Sanford, FL 32773 8 Criminal Justice Center 101 Bush Blvd. Sanford, FL 32773 9 Public Works 200 W County Home Rd. Sanford, FL 32773 10 Animal Services 232 Bush Blvd. Sanford, FL 32773 11 Cooperative Ex, 250 West County Home Road Sanford, FL 32773 12 Purchasing 1301 East 2nd Street Sanford, FL 32771 13 FM admin. Bldg. 71 205 West County Home Rd. Sanford, FL 327, 14 FM Warehouse Bldg. Five Pts. -Warehouse 211 County Home Rd. Sanford, FL 32773 15 T. 302 Bush Loop Sanford, FL 32773 16 Juvenile Assessment Center 181 Bush Blvd Sanford, FL 32773 17 Roads- Adm. F 177 Bush Blvd. Sanford, FL 32773 18 SGTV bldg. 130 San Carlos Ave. 19 Work Release Center 212 Bush Blvd Sanford, FL 32773 20 Juvenile Detention Center. 200 Bush Blvd Sanford, FL 32773 flans available undPr,;P.n;qrqtP. file nn \/Pnrind ink IFB-603397-19frLR - Large/Main Facility Landscape Maintenance EXHIBIT "BII (SAMPLE OF RELEASE ORDER) FLORIDA SALES: 85-8013708974C-0 Board of County Commissioners FEDERAL SALES/USE: 59-8000956 PURCHASE ORDER T --. -.s- P ft, .::xs udnxu Ox_" V E N D O R DELIVERY ALL PACKING SLIPS INVOICES AND CORRESPONDENCE MUST REFER TO THIS ORDER NUMBER ORDER INQUIRES PURCHASING AND CONTRACT DIVISION 1301 FAST SECOND STREET SANFORD FLORIDA 32771 PHONE 407 665-7116 / FAX 407 66-7956 ANALYST -- ITEM # I QTY UNIT ITE DESCRIPTION UNIT PRICE EXTENDED PRICE THIS ORDER IS SUBJECT To THE TERMS & CONDITIONS TOTAL AMOUNT _ ON THE REVERSE SIDE OF THIS ORDER. SUBMIT ALL INVOICES IN DUPLICATE TO: CLERK - B.C.C. FINANCE DIVISION POST OFFICE BOX 9080 SANFORD, FL 32772 Accts. Payable Inquiries - Phone (407) 665 7656 AUTHCRIZEDSIGNATUREFCR 1H SEMINULE COUNTY BOARD OF COUNTY CON"AISSIONERS Page 1 of 1 Terms and Conditions 1. AGREEMENT. This Purchase Order including these terms, conditions, is option, may require the Supplier, at the Supplier's expense, to: (a) and other referenced documents such as solicitations, specifications, and promptly repair or replace any or all rejected goods, or to cure or re -perform responses constitute the sole and entire agreement between the parties any or all rejected services, or (b) to refund tha price of art} or all rejected hereto. The County does hereby retain the Supplier to furnish those goods or services. All such rejected goods will be held for the Supplier's servicesicommodit€es and perform those tasks as described in this prompt inspection at the Supplier's risk. Nothing contained herein shall purchase order and as further described in the scope of services, attached relieve, In any way, the Supplier from the obligation testing, inspection, of hereto and incorporated herein, If applicable. This order shall be construed and quality control. and Interpreted under the laws of the State of Florida. Jurisdiction and 9. TAXES. Seminole County Government is a non-profit organization and not venue, with respect to any suit In connection with this order, shall reside In subject to tax. Seminole County, Florida. 10. FLORIDA PROMPT PAYMENT ACT. Suppliers shat€ be paid in 2. DELIVERY OF GOODS AND SERVICES. Faifure to deliver the items or accordance with the State of Florida Prompt Payment Act, Section 218.70, provide the service hereby ordered strictly within the fi ne specified shat! Florida Statutes, upon submission of proper invoice(s) to County Clerk of the entitle the County to cancel this order holding the Supplier accountable Court and Comptroller, P. O. Sox 8060, Sanford, Florida 32772. Invoices are therefore, and may charge the Supplier with any increased cost or other to be billed at the prices stipulated on the purchase order. All invoices must loss incurred thereon pursuant to Chapter 672 of the Florida Statutes, reference Seminole County's order number. unless deferred shipment is requested and agreed to by the County in writing. Payment or acceptance of any Item after the delivery date shaft not 11. PAYMENT TERMS, it shall be understood that the cash discount period to the County will be from the date of the irnroice and not from the receipt of constitute a waiver of the County's right to cancel this order With respect to goods/swvices. subsequent deliveries. 3. WARRANTY. Supplier warrants all materials and services covered by 12. PRICE PROTECTION. Supplier warrants that the price(s) set forth herein are equal to the lowest net price and the terms and conditions of sale are as this order to conform strictly to the specifications, drawings, or samples as specified or furnished, and to be free from latent or patent defects in favorable as the price(s), terns, and conditions afforded by the Supplier to any other customer for goods or services of comparable grade or quality material or workmanship, If no quality is specified, the Supplier warrants to County that the goods or service shall be of the best grade of their during the term hereof. Supplier agrees that any price reductions made in the goods or services covered by this order, subsequent to its acceptance but respective kinds, or will meet or exceed the applicable standards for the industry represented, and is fit for County's particular purpose. Supplier prior to payment thereof, will be applicable to this order. 13. PACKAGING AND SNIPPING. Unless otherwise specified, all products further warrants that at the time the goods or services are accepted by County, they shall have been produced, sold, delivered, and furnished in shall be packed, packaged, marked, and otherwise prepared for shipment in strict compliance with all applicable Federal and Slate laws, municipal a manner that is: (a) in accordance with good commercial practice; and (b) acceptable to common carriers for shipment at the lowest rate for the ordinances, regulations, rules, labor agreements, and waking conditions to which the goods or services are subject. In addition to, and not In lieu of the particutar product, and in accordance with ICC regulations, and adequate to insure safe arrival of the product at the ranted destination and for storage above, that at the time of acceptance, the goods or services are applicable, meet or exceed the applicable standards imposed by (a) Consumer Product and protection against weather. Supplier strati mark all containers with necessary lifting, handling, and shipping information, and also this order Safety Act, (b) Occupational Safety and Health Act (Public Law 91-5961, as amended, (C) Fair Labor Standards Act, as amended, and (d) the goods number, date of shipment, and the name of the consignee and consignor. An Itemized packing sheet must accompany each shipment. All shipments, and services furnished hereunder are free of any claims or liens of whatever nature whether rightful or otherwise of any person, corporation, unless specified differently, shall be FOB destination. 14. QUANTITY. The quantities of goods, as Indicated on the face hereof, partnership. or association. 4. MODIFICATIONS. This order can be modified or rescinded only in must not be exceeded without prior written authorization from County. Excess quantities may be returned to Supplier at Supplier's expense. writing by She partial or their duly authorized agents. 5. TERMINATION. The County may, by written notice to the Supplier, 15. ASSIGNMENT. Supplier may not assign, transfer, or subcontract this order or any right or obligation hereunder without Courly's written terminate this order, in whole or in part, at any time, either for the County's convenience or because of the failure of the Supplier to NOW Supplier's consent Any purported assignment transferor subcontract shalt be null and void. 16. agreement obligations. Upon receipt of such notice. Supplier shall EQUAL OPPORTUNITY EMPLOYER. The County is an Equal Employment Opportunity (EEO) employer, and as such requires all Suppliers discontinue all deliveries affected unless the notice directs otherwise. In such event, County shall be liable only for materials or Components or vendors to comply with EEO regulations with regards to gender, age, race, veteran status, country of origin, and creed as may be applicable to the procured, or work done, or supplies partially fabricated within the authorization of this order. In no event shall County be liable for incidental Supplier. Any subcontracts entered into shall make reference to this clause with the same degree of application being encouraged. When applicable, the or consequential damages by reason of such termination. 6. {NDENiNWICATION, Supplier agrees to protect, indemnify, save, and Supplier shall comply with all State and Federal EEO regutalions. 17. RIGHT TO AUDIT RECORDS. The County shaft be entitled to audit the hold harmless County, Its officers, and employees from and against of losses, costs, and expenses, and from and against all claims, demands, books and records of Supplier to the extent that such books and records relate to the performance of the order or any supplement to the order. suits, and actions for damages, losses, costs, and expenses and from and against all liability awards, claims of patent infringement, judgments, and Supplier shall maintain such hooks and records for a period of three (3) from decrees of whatsoever nature for any and all damages to property of the years the date of final payment under the order unless the County otherwise authorizes a shorter period in writing. County or others of whatsoever nature and for any and all injury to any persons arising out of or resulting from the negligence of Supplier, breach 1E, FISCAL YEAR FUNDING APPROPRIATION. Unless otherwise provided by law, a order for supplies and/or services may be entered into for any of this order in the manufacture of goods, from any defect In materials or workmanship, from the failure of the goods to perform to its full Capacity as period of time deemed to be In the best interest of the County provided the term of the order and conditions of renewal or extension, if any, are Included specified in the order, specification, or other data, or from the breach of any express or implied warrants. The remedies afforded to the County by this in the solicitations, and funds are available for the initial fiscal period of the order. Payment and performance obligations for succeeding fiscal periods clause are cumulative with, and in no way affect any other legal remedy the County may have under this order or at law. shall be subject to the annual appropriation by County. ' 7. INSURANCE. Supplier shall obtain and maintain In force adequate 19. FAILURE TO ACCEPT PURCHASE ORDER. Failure of the Supplier to accept the order as specified may be cause for cancellation of tete award. insurance as directed by the County. Supplier may also be required to carry workers' compensation insurance in accordance with the laws of the State Suppliers who default are subject to suspension and/or debarment. 20. AGREEMENT AND PURCHASE ORDER iN CONFLICT. Whenever the of Florida. Supplier shall furnish County with Certificate of Insurance for all service related purchase orders and other specialized services performed terms and conditions of the Main/Master Agreement conflict with any Purchase Order issued pursuant to it, the Main/Master Agreement shall at Supplier's location. Any certificate requested shall be provided to the prevail. Purchasing and Contracts Division within tan (10) days from notice. Supplier shall notify the County in the event of cancellation, material 21. FLORIDA PUBLIC RECORDS ACT, vendor must allow public access to change, or altercation related to the Supplier's Insurance Certificate. All all documents, papers, letters or other material, whether made or received in conjunction with this Purchase Order which are subject to the public records policies shall name Seminole County as an additional Insured. act, Chapter 119, Florida Statutes. 8. INSPECTION. Ail goods and services are subject to inspection and rejection by the County at any time including during their manufacture, construction, or preparation notwithstanding any prior payment or inspection. Without limiting any of the rights it may have, the County, at Rev, 612017 Exhibit "C" 29 Part 4 Price Submittal IF"03397-19/TLR - TERM CONTRACT FOR LARGE/MAIN FACILITIES LANDSCAPE MAINTENANCE Name of Bidder: BrightView Landscape Services, Inc. Mailing Address, 1174 Florida Central Pkwy, Longwood, FL, 32750 Street Address: 1174 Florida Central Pkwy City/State/Zip Longwood, FL. 32750 Phone Number: (±07) 831-8101 E -Mail Address- Jim.Abbott@brightview.com FAX Number4{ 07) 830-8883 Pursuant to and in compliance with the IFB Documents, the undersigned Bidder agrees to provide and furnish any and all of the labor, material, and tools, equipment, incidentals and transportation services necessary to complete all of the Work required in connection with the required serviceslcommodities all in strict conformity Bid Documents for the amount hereinafter set forth. The undersigned, as Bidder, declares that the only persons or parties interested in this bid as principals are those named herein; that this bid is made without collusion with any person, firm or corporation; and he proposes and agrees, if the bid is accepted, that he/she will execute a Term Contract with the COUNTY in the form set forth in the Contract Documents; that he/she will furnish the Insurance Certificates, Costs shall be inclusive of all direct and indirect casts including but not limited to, materials, labor, equipment, transportation, coordination and incidentals necessary for the performance of the work specified in Bid documents. Bid is Signature _ Branch Manager Title NOTE: Bid forms Part A and Part B in Excel format available under separate files on VendorLink IFB-603397-19[TLR -- Main Facility Landscape Maintenance ro 0- Exhibft'C" CLto 0 0 C3 0 0 0 0 0 O 0 O C> 0 0 0 (D 0 0 C) 0 C) C 0 O ci ci CD cn O o a ci m I -i co c; ci o N n to ci r1l m t- to 6 6 Ln 00 v m uco rfi C14 d tv tri CL �a C) 0 0 0 Lntis 0 0 to trs to in to to to 0 a 0 C� tr an C� 0 0 u 0 C� CD 0 C:� C) CD C) a c! 0 o 0 o 0 C) 0 o 0 C� C) C� 0 0 C� 0 Q. Q - c) 0 a 0 " o 0 CD o 0 0 o Cl o 0 o 0 o 1= o C) 6 0 a 0' CD 0' 0 0' 0 10 0 0 q 0 0 0 CD 0 0 p C� C� C) 0 0 > L Ln to m 0 m m m Ln 0 LA to Ln m m r-, t q Qj W u a; is 75 tn to to VI U. to V) in to in to V). cn an v> A. to to to AA -n yr to in ir, E0 0 c C> co 0 0 0 0 0 0 Cl 0 0 0 0 0 0 0 c 0 C) a, CD U Ln C� Ln 0 qr 0 14* Ln 0 0 o Ill 0 Ln o Rzr Ln rlj o 8 o m o " 6 In o " Ln -�r o w tri 1-1 LR 19.1 Lq ra 10 m m IWO r1i -T rn m m M rN C Ct . im I til h to ifill to to AAI to to -J) to j to VI to tol t/). V-, tr). t'll to t^ th to to if)- to Vl LA u 0 0 C� 0 q 0 C� 0 q 0 C� C) 0 a C� 0 p 0 C� 0 C� a 0 a C� C) 0 0 o o o o C) r to a) CL . C) " . a a Ln r, 0 an Ll " 0 to Lp. rq 0 in (� m 0 p 61 F -j 0 LA Ln F, 0 Ln 8 q C9 q 0 cn R 0 0M q m Iq q 0 Ln q a 00 q Ln q 0 c . Ln " Ci NN m H Fl, V, r, NLn r, rr) LF) > ks ai fr� fvh N ry� C17 cl fq Iz eq rL ti. cn vv to Ln, VI to to tf- VI tnI to VV 1^1 C C, 0 0 0 0 0 0 a 0 0 0 0 0 0 0 C� 0 O Q O 0 O 0 O a a 0 Q O O O 0 0 0 C7 0 0 0 0 0 n 0, o 0 0 0 0 0 C) CO 0 0 0 0 O 0 q 0 O C> in Ln Ln CN Ln " Ln in m o m 6 m o m " w o Ln a in o -i o m o o m m -4 m r� r, m m %S rri ryi CU S CL m a) F- to V., to to to th to to vv LL. m -j NNm m m rn mm m r- cZ7 m -j — Ll- h 04 LL N mm P4 r14 mtn > LA- 13 Li- ti LA. m L� n C M Ln eu cu C M Ln w fts t^ (D ob :2 V) C -0 > C 0 w C cu E 0 r_ AU ca w Ln cn m m Ln ca tu XA I < 0 -U M Ln a, U M to m LA L-1 ac C* CL Lj �p u ai Ln 'n C m -V -6 m x 83 Li U 4� - 'A cm rlj CtJ m U.1 co cu m z r_ co wi co 3t to w Lu r- 1-4 C� -4 o c r4 C:) 0 0 C, 0 cn 'r- E 1-1 0 C� 0 0 0 Ln I -f 40 m 2 Lh U Vq 1: qr P4 in V -q rn u m I U rl D- N r -I u :3 m CL t-4 0 L,- C4 -4 N m It Ln Lo r, 00 Q1 O rV rn a) (U u c m C: (U m 2 ai CL ru m fu U- rX i F- H P` cri m m 0 19 cn U- rc CL. ti cu u 0- Exhlbft T" 67 m Z'1 C: M LL LL �s m OI m rn to U- r" Exhibit "C' 0 C)o0 0 0 0 0 0 Ln 0 0 "i r,: to "i N Ln 0 0 0 Ln in tn m 4) 2 4W m E 4a LU cr i. Qj c m &- LA 0 u M 75 0 CL to 0) Ln 0 m 00 m y. m m m cv 0 Mu (U Ln Ln <CL ,n u s. 0) CL m CL 0 u tA < 4- a) tzo 4) tL cl E (D 0 m XA -0 0)z V4- u -5 cu a C43 > > Q) C: J L- m c EL- a) u tcu n 0) 4� c Q) 0 c 0 m m CA 5 cr. t ui 4) < 75 w Exhibit "C" 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a 0 0 0 o rri O t- ro c o O N 0 O c7 o O Ln Lri Ot o 00 ci 0 1 o M d 0 o to vi r` o u, ti t\ u, N c N N rn M d t!? to t!} VF t!} 1f} VF -VI t!T VF V? V} try ` Q U CD U U U L -C U U L U L U L .0 U U L U U U U U w (Q w (U w (U w (II w f6 w t6 w fU w (O w f0 w tII w w w w IW (DV) U) IV co cu m v v v (D + Q L) m cco m M > ? > O' w W W !11 W c>i -` > > > > ca > i� > m K p v c ca � c o c o O o L, 0 w m — m 0 � V V o .. w is C7 c� m C� m to 03 lV — Q1 > O O O °� N o w � fD �° + M tB . C� m m cr m {n Cl) N � N O � N r r r 00 00 O N � c- r N I� K J F- 0) C31) m m 0 to LL L3 cn O O O o O O O O Ln a` in n oo M 1�1: Lr� O 1� O O O O N ry 0Lo N d h t -i N V) V} t!} t1? O d CA .NN Ir 0 _ 0 CO O O O O O O O v LL LL LL LL LL U U U U N (U CD (U N (a W ' L m LLJ (4 LU m LLJ J J ._.I J J .. O L Z C? > > : ti Lj .a L. o cn 0 U) 0 co 0 U)U c Q? L U N CU �' N (V c C p 41 a. U a U Q a o a c c c O o `f 0.v 0 Q�a� C) U p U a :- _m o 0 m o m LL J L)-0 n-0 to O t0 m U) (n (n p _ R w z CL) -0 w z w O cpi a w v FS N m �- N V' —i *k 2 N ? cO > >O c0 > + Exhibit "C" 00 V M M. to it C ro 2 v n m kn C m a 'u ro C H h m m m 0 T tt1 Bond Number. 024239734 Effective: 6/1/2019 to 6/1/2020 ATTACHMENT I PERFORMANCE BOND (100% of Contract Price) Seminole County Contract No. IFB-603397-19/TLR KNOW ALL HIEN BY THESE PRESENTS: that BrightView Landscape Services, Inc. (Name of CONTRACTOR) 1174 Florida Central Parkway Longwood, F132750 (Address of CONTRACTOR)^` Contractor's Telephone Number: 3213883915 Corporation , hereinafter (Corporation, Partnership or Individual) called Principal, and Liberty Mutual Insurance Company (Name of Surety) 175 Berkely Street, Boston, MA 02117 (Address of Surety) Surety's Telephone Number: 714) 634-5739 hereinafter called Surety, are held and firmly bound unto SEMINOLE COUNTY, 1101 East First Street, Sanford, Florida 32771, hereinafter called COUNTY, in the sum of Eight Hundred One Thousand Four Hundred Sixty -Five and 001100s DOLLARS, ($ 801,465.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred percent (100%) of the Contract Price. Seminole County's Telephone Number: (407) 665-7116 THE CONDITION OF THIS OBLIGATION is such that wherVas, the Principal entered into a certain Agreement with the COUNTY, dated the -5a day of C4jjai , 20 1q, a copy of which is hereto attached and made a part hereof for the work detailed in I -603397-19/TLR. Legal description of the property: Sanford area of Seminole County, Florida: 1101 EAST 1"'T STREET SANFORD: 400 W AIRPORT BLVD SANFORD; 211 BUSH BLVD SANFORD: 100/150/180 SUSH BLVD.,SANFORD; 300 A FNORTH PARK AVE-SANFORD; 190 BUSH B SANFORD: 130 SAN CARLOS AVE, SANFORD: 212 BUSH BLVD SANFORD: AND 200 BUSH'BLVD SANFORD General description of the Work: The work to be performed by the Contractor under this Agreement will be described in details in each Release Order/Purchase Order in accordance with the Scope of Services in the IFB Documents. This Bond is being entered into to satisfy the requirements of Section 255.05, Florida Statutes and the Agreement referenced above, as the same may be amended. NOW, THEREFORE, the condition of this obligation is such that if Principal: I. Promptly and faithfully performs its duties, all the covenants, terms, conditions, and agreements of said Agreement including, but not limited to the insurance provisions, guaranty period and the warranty provisions, in the time and manner prescribed in the Agreement, and 2. Pays COUNTY all liquidated damages, lasses, damages, delay damages, expenses, costs and attorneys' fees, including casts and attorney's fees on appeal that COUNTY sustains resulting directly or indirectly from any breach or default by Principal under the Agreement, and 3. Satisfies all claims and demands incurred under the Agreement, and fully indemnifies and holds harmless the COUNTY from all costs and damages which it may suffer by reason or failure to do so, then this bond is void; otherwise it shall remain in full force and effect. The coverage of this Performance Bond is co -equal with each and every obligation of the Principal under the above referenced Agreement and the Contract Documents of which the Agreement is a part. In the event that the Principal shall fail to perform any of the terms, covenants and conditions of the Agreement and the Contract Documents of which the Agreement is a part during the period in which this Performance Bond is in effect, the Surety shall remain liable to the COUNTY for all such loss or damage (including reasonable attorneys` fees and costs and attorneys' fees and costs on appeal) resulting from any failure to perform. In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and hold the COUNTY harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings, resulting from the Surety's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this Performance Bond. The Surety stipulates and agrees that its obligation is to perform the Principal's Work under the Agreement under the Bond. The following preventative options by the Surety are encouraged; however, preventative options shall not be considered performance under the Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the Contract Documents, and (ii) Surety's offers to COUNTY to buy back the Bond. The Surety agrees that its obligation under the bond is to: (i) take over performance of the Principal's Work and be the completing Surety even if performance of the Principal's Work exceeds the Principal's Contract Price or (ii) re -bid and re -let the Principal's Work to a completing contractor with Surety remaining liable for the completing contractor's performance of the Principal's Work and furnishing adequate funds to complete the Work. The Surety acknowledges that its cost of completion upon default by the Principal may exceed the Contract Price. In any event, the Principal's Contract Time is of the essence and applicable delay damages are not waived by COUNTY. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon COUNTY's pursuit of its remedies against Principal, shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by COUNTY and Principal without the Surety's knowledge or consent (ii) the discharge of Principal as a result of any proceeding initiated under the Bankruptcy Code of 1478, as the same may be amended, or any similar state or federal law, or any limitation of the liability or Principal or its estate as a result of any such proceeding. The filing of bankruptcy by the principal shall be an automatic default under the Agreement. Any changes in or under the Agreement and Contract Documents and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with Change Orders (unilateral or directive change orders and bilateral change orders) or other modifications to the Agreement and Contract Documents. This Performance Bond is intended to comply with the requirements of Section 255.05, Florida Statutes, as amended, and additionally, to provide contract rights more expansive than as required by statute. IN WITNESS WHEREOF, this instrument is executed this the 30th day of May '2019 ATTEST: ByV I ' (Principal)cretary { _ Name VVI �l! (Type) (Corporate Seal) Witness to ncipal Name(Idnov %�G� {Type Witn s to PPriincipa J Name Vt3�1 ice•it' (Type) ATTEST: By (Surety) Secretary Name (Type) Witness as to Surety Name Marina Tapia, Witness y ) Witness as Surety Name Tracy Aston, Witness (Type) 8rightView Landscape Services, Inc. Principal (C ntra r By k ��- 'Name (Type) j Title Address 1174 Florida Central Parkway City/State/Zi p Longwood, F132750 Liberty Mutual Insurance Company Surety Phone No. 714) 634-5739 Fax No. By ey-i Name Sim a Gerhord, Attorney-ln-Fact__ (Type) Address 175BerkelyStreet, City/State/Zip Boston, MA 02117 Phone No. 714) 634-5739 Fax No. NOTE: Date of the Bond must not be prior to date of Release Order/Purchasing Order. If CONTRACTOR is a joint venture, all venturers shall execute the Bond. if CONTRACTOR is Partnership, all partners shall execute the Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by COUNTY. ATTACH a certified copy of Power -of -Attorney appointing individual Attorney -in -Pact for execution of Performance Bond on behalf of Surety. • ^b rALIFORNIA ALL-PURPOSE. CKNOWLEDGME T A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On MAY 3 0 2019 before me, April Martinez, Notary Public personally appeared Simone Gerhard who proved to me on the basis of satisfactory evidence to be the person(s) whose nome(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/herjtheirsignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. lI '4 �yt2o;lj c -c.; E i' WITNESS my hand and official seal. ' Los h^glies . t.rr:t �r 2 Signature p ! Martinez, hotary Public This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. ' Liberty Liberty Mutual Insurance Company 1V utuCO. The Ohio Casualty Insurance Company Certificate Nor. 8198054-024029 ----------- West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the `Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, B. Aleman, Tracy Aston Thomas Branigan Lisa K Crail Ashraf Elmasry Samantha Fazzini Donna Garcia Simone Gerhard, April Martinez, Rosa E. Rivas Paul Rodriguez, Edward C Spector Marina Tapia, Nathan Vamnold KD Wapato all of the city of Los Angeles state of California each individually if there be more than one named, its bile and lawful attomey-in-fact to make, execute, seal, acknaviedge and deliver, for and on its behalf as surety and as its ad and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their am proper persons. , IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 28th day of November 2018 . Liberty Mutual Insurance Company INSU �ZY 1Usv %Nsu/? The Ohio Casualty Insurance Company tiJQ4°aPogp�Y� yJP`o�°O yr Y �GP�aRPOkar �� West American Insurance Companyrn > 1992 c 0 1919 1991 0 rS4cNUSF" .;'a Sid Z '&A MP`mjrL� Y,� INDIANA .aa� 114 C David M. Carry, Assistant Secretary � State of PENNSYLVANIA County of MONTGOMERY ss On this 28th day of November , 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o Company, The Ohio Casualty Company, and West American insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes= � therein contained by signing on behalf of the corporations by himself as a duly authorized officer. kmi — IN WITNESS WHEREOF, t have hereunto subbed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year fust above written �p PA,& fi` COMMONWEALTH OF PENNSYLVANIA l?F Notarial Sea! Teresa Pastema, Notary Public Upper MenonTwp., Montgomery County By: My Commission Expires March 28.2021 _ Teresa Pastella, Notary Public Q1. Mamber. Perrsb9� Ass cbOon of Nyar ft cD This Paver of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: 6 ARTICLE IV—OFFICERS: Section 12. Power of Attorney. N Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President and subject to such limitation as the Chairman or the President may prescribe, shag appoint such attomeys-in-fad, as may be necessary to act in behalf of the Corporatist to make, execute, seal, acknowledge and deliver as surety C:any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the Imitations set forth in their respective powers of attorney, shag G have full power to hind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such � instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any lime by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE X111— Execution of Contracts: Section 5. Surety Bods and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such iimitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have hull power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizanres and other surety obligations. Authorization — By unanimous consent of the Cornpanys Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, Renee C. Liewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. U 2019 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seats of said Companies this day of MAY t1 INSU 41Y iNSG hNSUR� +'J�°OT Y 1912 q o 0 1919 0 1991 Z V Q 6 By: ~d',�p8`T4CNUs .da yp `NnatP��e D YS 10M .tor Renee C. Llewellyn, Assistant Secretary LMS-12ai3 LIAiC OCIC WAiC MUM CO062018 d M ct' c kCr ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Loo A*qt slS On 3i. d0iq before me, U.1114'w -flkamgs aiQ, 0' A0 -f j PUjL(G (insert name and Mid of the officer) personally appeared �66a- Plo�kui , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. .r..-.— WILLIAM THOMAS CHIARO WITNESS my hand and official seal._*My Notary Public • California Ventura County Commission k 2260107 Comm. Expires Oct 22, 2022 Signature 4Wr4VQ U (Seal) CITY PARKS AND FACILITIES W - WEEKLY BONE TIME/TWO WEEKS z N -AS NEEDED, TIMES/YEAR o Q -QUARTERLY O " F SEASON A-411 -10131 3 J SEASON B .1111-3131 z %-PER SPECIFICATIONSv p w p y w w U 2 =O O !. 5 O O W } z <' F s rr oz d GG a ¢H 3O tW'l O O g C O E - O K g m K ri y�j 1. 2 SEASON A 26WEEKS SEASON B 12 WEEKS TOTALS TOTALS TOTALS TOTAL$ LOCATION 18th Street Park WB WB W/B WB W/B N X N 430 W. 181h. Street 9.56 $573.60 $0.00 $21,796.80 Academy Manor Park 152 Academy Ave. 4.5 WB WB WB WB WB 1 N X 1 N $270.00 $0.00 $10,260.00 Bay Avenue Park WB WB WB W/B WB N X N 2430 Bay Avenue 2.7 $162.00 SO.00 $6,156.00 Bentley -Wilson Park WB WB WB WB WB N X N 701 Orange Avenue 1 $60.00 $0.00 S2,260.00 Coastline Park WB WB WB WB WB N X N 900 W. 9th Street 3.9 $234.00 50.00 $8.892.00 Elliott Avenue Park 428 Q Elliott Avenue 0.74 yyJg µ11g WB WB WB N X N $44.40 $0.00 $1,687.20 W George Starke Park WB WB WB WB WB N X N 3 1720 W 51h Street 5.3 $318.00 $0.00 512,084.00 Groveview Park W306 Spdngview Dr. 7 WB WB WB WB WB N X N $420.00 SO.00 515,960.00 Z James Dunn Park W/B WB WB WB WB N X N 2200 Bel -Air Boulevard 4.9 $294.00 50.00 $11,172.00 Jinkins Circle Park 10 W. Jenkins Circle 2.5 WB WB WB WB WB N X N §150.00 $0.00 §5,700.00 Lee P. Moore Park 106 Sweet Bay Ave. 12 WB WB W/B W/B W/B N X N $720.00 $0.00 $27,360.00 Magnolia Avenue 2951 Magnolia Ave. 1.07 WB W/B WB WB WB N X N $64.20 $0.00 52,439.60 McKibbin Park 1201 W. 25th. St. 7 wB wB wB wB WB N X N $420.00 50.00 S15,960.00 Mike Kirby Park 2199 Oregon Ave. 10.5 W/B W/B W/B WB WB N X N §"030.00 §0.00 $23,940.00 Pinehurst Park 1000 W. 24th Street 4 WB µ/Ig WB WB W/8 N X N $240.00 50.00 $9,120.00 Red Barber Park 201 E. 13th Street 2.4 W/B WB W/B WB WB N X N §144.00 §0.00 $5,072.00 South Pinecrest Park 1.07 WB WB WB WB WB N X N $64.20 $0.00 52,439.60 140 Pinecrest Dr. Speer Grove Park WB WB WB WB WB N X N 1830 Mellonville Avenue 1.9 $114.00 $0.00 54,332.00 Washington Oaks Park 109 Cedar Ridge Lane (SterlingDrive 0.6 WB WB WB WB WB NX N $36.00 $0.001 $1,368.00 Woodmere Park 2801 Grave Drive 0.6 WB W/B WB WB W6 N X N $36.00 $0.00 $1,368.00 Woodruff Park W 27th Street behind Taco Bell 2.75 WB WB WB W/B WB N X N $165.00 $0.00 $6,270.00 Wynnewood Park WB WB WB WB W/B N X N 2401 Summedin Avenue 0.25 §15.00 §0.00 $570.00 $5.174.40 SO.00 $0.00 $196.62720 TRAFFIC MEDIANS AND R.O.W AREAS W - WEEKLY BONE TIME/TWO WEEKS N -AS NEEDED, TIMESIYEAR z O -QUARTERLY T O SEASON A - 311 -10131 SEASON B -1111 .2128 " 3 F X -PER SPECIFICATIONS x0 u F o 2 w LW$u v z_ Z oo Z o w } < s a x V s a0 F¢Q 0 Q i Yl G F f C V U Q SEASON A 26 WEEKS)TOTAL TOTAL 5 TOTALS TOTAL 5 S PER SITE SEASONS 12 WEEKS LOCATION 17-92 Medians Seven (7) traffic medians on 17-92 from Park Dr. to Airport Blvd. on 17-92. per Landscape and Turf 1 WB WB WB WB WB N N maintenance specifications. $41.60 $0.00 $0.00 $1,580.80 Bel Air I Median 1800 Palm Way 1,27 WB WB WB WB WB N N N $52.83 $0.00 $2,007.62 Bel Air 11 Median 1.27 WB W/B WB WB WB N N N 1801 Rose Way W.831 $0.001 $2,007.62 Escambia Median 830 0.5 WB W/B WB WB WB N N N Escambia Drive $20.80 $0.00 5790.40 Glenway Drive Median 02 WB WB W/B WB WB N N N 20th Street and Glenway Drive $8.32 $0.001 $316.16 Grandview Avenue Median 0.1 WB WB WB WB W/B N N N Grandview Drive and Sanford Avenue $4.16 $0.00 $158.08 Hibiscus Court Medians 2 medians located between Grandview Drive and N. 0.9 WB WB WB WB WB N N N m Grandview Drive I $37.44 $0.00 $1,422.72 W Hidden Lake Drive Medians Four (4) traffic medians at the intersection of Hidden Q W Lake Dr. and Lake Mary Blvd, per Landscape and Turf 0.9 W113 W/B W/B WB W/B N N N = maintenance specifications. $37.44 $0.00 51,422.72 N Iroquois Avenue Median 0.15 WB WIB WB WB WB N N N $6,24 $0.00 $237.12 Lilly Court Median Located between E. 20th Street and Grandview 0.7 WB WB WB WB WB N N N $29.12 $0.00 $1,106.56 Park Avenue Median 0.1 WB WB WB WB WB N N N 251h Street and Park Avenue R.O.W. 4.16 $4.161 $0.00 $0.00 $158.08 Plumose Avenue Median 3 Traffic Medians between Sanford Avenue and Locust 0.25 WB WB WB WB WIB N N N Avenue 1 $10.40 $0.00 $395.20 Railroad Park R.O.W. 0.6 WB WB W/8 WB WB N N N 15th Street and Park Avenue $24.96 $0.00 $948.48 S.R. 46 West Medians Medians on S.R. 46 between Towne Center Blvd. and 131 WB WB VJB WB WB N N N $54.50 $0.00 $2,070.85 St. Johns Parkway Extended (5 mile between Rinehart Rd. east to Upsala Rd.): a) Center Medians b) 15' wide grass strip on north side, between sidewalk 2,7 WB VJB WB W/B WB N N N and curb from Rinehart Rd_ to Upsala Rd. c) 15' wide grass strip on south side, between sidewalk and curb from Rinehart Rd. to Upsala Rd. $112.32 S0.001 $0.00 $4,268.16 Terwilliger Trail 2 WB WB W/B WB WIB N N N 610 Terwilliger Lane $83.20 $0.00 53,161.60 Town Center Boulevard Medians located on Town Center Blvd from S.R. 46 to 1.4 WB WB W/B WB WB N N N Rhinehart Rd. $58.24 $0.00 $0.00 52,273.12 Traffic Median West S.R. 46 eight (8) medians west of Avacado Ave. to overpass at Airport Blvd. Medians, overpass and 0.99 WB WB WB WB WB N N N R.O.W. per landscape and turf maintenance specifications $41.181 $0.00 $0.00 $1,564.99 $679.74 S9.00 $0.00 525.830.27 SUNRAIL STATION W - WEEKLY "NE TIMERWO WEEKS z N -AS NEEDED, TIMESNEAR o O -QUARTERLY s_ SEASONA-411-10131 SEASON 8 -1111 .3131 X.PER SPECIFICATIONS O C � Y f O O H w U Q N 0 N r U x 3 o g z a? F F z o o 0 v W 3 ...1 SEASON A 26 WEEKS W TOTALS TOTALS TOTALS TOTAL$ SEASON B 12 WEEKS) WEEKLY-'__._..._..__. _. = U N LOCATION SUNRAIL 2720 W State Road 46 6.6 WB WB WB WB WB N -1 1 N 1X $396.00 $3,960.00 579.008.00 Included With this service is also trash pick up throughout the parking and bus loops twice daily, use of clear bags and scheduled service. Be sure to understand the specifications when reviewing this section. $396.00 SO.001 $3,960.00 519,008.00 SANFORD MUNICIPAL CEMETERY Sanford Municipal Cemetery 1975 W 25th Street z z F w J 0a 3 s IL U Z o J W 3 V ? U LL Z Z z r W LL J < w 13 x d S Z - yo x W p� Z W J w F u qa " C <' i W 0 LW7 o — — t - o E 3 w m K LOi I.- F f of = SEASON A 26 weeks U N SEASON B 12 WEEKS TOTALS TOTAL $ TOTALS TOTALS LOCATION Sanford Municipal Cemetery WB WB WB WB WB I N N N $1,980.00 1975 W 25th Street 33 $75.240.00 $1,980.00 SO.00 $0.00 $75,240.00 TOTAL ACRES 142.18 TOTALS $8,230.14 50.00 $3,960.00 5316,705.47 ATTENTION: Please read and understand the Technical Specifications page attached to this bid as it details the type of work and billing for this contractand the Schedules for each section. Contractor is to adhere to the specifications for services rendered. The maintenance schedule is noted in each section per their standards. O O O O � � MAa3d1SOO o e» c to ONLLS3113M aNV NOLL03dSN ¢ 0 0 0 0 NOLLV9IHHI HOj 150011N0 O ONIWWI11 ¢ 0 0 0 Wltld ONV 33111 110] 150011N0 O NOI1VZI LLH34 a 0 0 o0 0 0 0 C; 3dV3SaNV111041S001INnp r `? °° d in v NOI1VZnLL1133 m ¢ o o0 0 0 00 jHnl HOj 1S031INn ~ o N o » N a H3lnW 11041S031INn N <0 o 0 0 0 0 O uoi SNOLLV113dO � < 0 m o 0 6 N PUB 9/M 1104 )I33M Had 1SOO~ O ? m o v' v_ uoge6wl S1NVld 3dV3SONV132fILLH34 � J ¢ O jH013ZfILLH3j N F- — 10HIN00 a33M dmni Z lil 10111NOO INV 3HIj Z Q H3lnW = o_ _ca ONINNHd Wltld aNV 33H uj 3dV3SaNVl WI11 Z Q = lOH1NO3033MdnaNf1011 Z CL J Mole 3 Q 3Oa3 3 W 1V3a33 m 3 i Gr MOW °o 3 HSV11 m 3 3'JV3110 �o c N 0 3 � Y a � N N r 3 � Y d d � l z LO o 0 QU U co be tlJ = O W O ci s be a, y w 113 �z W W Q W Lu 3t N C T 03 Y W O ' W Y f w F¢co a Q Z Z c c v o m wr -Zazz� O (n w 3mzam0x W m w Ku_ r N y = c c v a-ina3HaS