PROJECT MANUAL FOR
LANDSCAPE & IRRIGATION MAINTENANCE SERVICES

PIER PARK COMMUNITY DEVELOPMENT DISTRICT
Panama City Beach, Florida

Date of Issue: July 3, 2020, at 12:00 p.m. (Central Time) Due Date: July 27, 2020 at 12:00 p.m. (Central Time)

PROJECT MANUAL TABLE OF CONTENTS

PUBLIC NOTICE

INSTRUCTIONS TO PROPOSERS

EVALUATION CRITERIA

AFFIDAVIT REGARDING PROPOSAL

PROPOSAL FORMS PROPOSAL SUMMARY SHEET
PART I – GENERAL INFORMATION PART II – PERSONNEL AND EQUIPMENT PART III – EXPERIENCE
PART IV - PRICING SIGNATURE PAGE
SWORN STATEMENT REGARDING PUBLIC ENTITY CRIMES

SWORN STATEMENT REGARDING SCRUTINIZED COMPANIES

FORM OF LANDSCAPE AND IRRIGATION MAINTENANCE SERVICES AGREEMENT
Exhibit A – Scope of Services Exhibit B – Proposal Pricing
Exhibit C – Maintenance Map Exhibit Exhibit D – Other Forms
Form of Daily Work Journal Form of Pest Management Report Form of Irrigation Repair Request Form of Work Authorization

PUBLIC NOTICE

LANDSCAPE AND IRRIGATION MAINTENANCE SERVICES REQUEST FOR PROPOSALS
--------------------
PIER PARK COMMUNITY DEVELOPMENT DISTRICT
Panama City Beach, Florida

Notice is hereby given that the Pier Park Community Development District (“District”) will accept proposals from qualified firms (“Proposers”) interested in providing landscape and irrigation maintenance services, all as more specifically set forth in the Project Manual.

The Project Manual, including among other materials, contract documents, project scope and any technical specifications, will be available for public inspection and may be obtained from the District’s Property Manager, Martin Horak, at mhorak@simon.com, or available on the District’s website at www.pierparkcdd.org beginning at 12:00 p.m. (Central Time) on July 3, 2020. (“Proposal Pick-Up Time”)

A mandatory pre-proposal conference call will be held on July 10, 2020, 2020, at 10:00 a.m. (Central Time) at the following call-in number: 888-508-8513; Conference ID 2628941#. In order to submit a proposal, each Proposer must (1) be authorized to do business in Florida, (2) hold all required State and Federal licenses in good standing; (3) have at least five (5) years of experience with landscape and irrigation maintenance projects; and (4) attend the mandatory pre-proposal conference call. All Proposers should obtain a copy of the Project Manual prior to the pre-proposal conference call. The District reserves the right in its sole discretion to make changes to the Project Manual up until the time of the proposal submittal deadline, and to provide notice of such changes only to those Proposers who have attended the pre-proposal conference call and registered.

Firms desiring to provide services for this project must submit one (1) electronic copy and eight (8) hard-copy proposals no later than July 27, 2020, at 12:00 p.m. (Central Time), at 600 Pier Park Drive, Suite 125, Panama City Beach, Florida, 32413, Attention: Martin Horak. As further described in the Project Manual, each Proposer must supply with its proposal a proposal bond or cashier’s check in the amount of in a sum not less than five (5) percent of the amount proposed. Proposals shall be submitted in a sealed package, shall bear the name of the Proposer on the outside of the package and shall clearly identify the project. Those received after the time and date stipulated above may be returned un-opened to the Proposer. Any proposal not completed as specified or missing the required proposal documents may be disqualified in the District’s discretion. Firms or individuals submit their proposals on a voluntary basis and therefore are not entitled to compensation of any kind. The District shall not be obligated or be liable for any costs incurred by proposers prior to issuance of a contract. All costs to prepare and submit a response to this RFP shall be borne by the proposer.

Any protest regarding the Project Manual, including but not limited to protests relating to the proposal notice, the proposal instructions, the proposal forms, the contract form, the scope of work, the map, the specifications, the evaluation criteria, the evaluation process established in the Project Manual, or any other issues or items relating to the Project Manual, must be filed in writing, within seventy-two (72) hours after the Proposal Pick-Up Time. The formal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within seven (7) calendar days after the initial notice of protest was filed. Failure to timely file a notice of protest or failure to timely file a formal written protest shall constitute a waiver of any right to object or protest with respect to aforesaid plans, specifications or contract documents. Additional information and requirements regarding protests are set forth in the Project Manual and the District’s Rules of Procedure, which are available from the District Manager. Any proposer who files a Notice of Protest protesting the Project Manual, a proposal rejection, or a proposal award shall post with the District at the time of filing, a protest bond payable to the District. The protest bond for protesting the Project Manual shall be in the amount of ten thousand dollars ($10,000.00). Notwithstanding the District’s operating rules, the protest bond for protesting a proposal rejection or proposal award shall be in an amount equal to ten percent (10%) of the value of the solicitation, but in no case less than ten thousand dollars ($10,000.00). Bonds shall be by a U.S. postal

service money order, certified, cashier’s check or such other form of surety as the District’s Staff may approve. All bonds shall be made payable to the District. Failure to post such bond within the requested time period shall result in the protest being dismissed by the District, with the Proposer afforded no relief.

Rankings will be made based on the Evaluation Criteria contained within the Project Manual. Price will be one factor used in determining the proposal that is in the best interest of the District, but the District explicitly reserves the right to make such award to a proposal other than the lowest price proposal. The District has the right to reject any and all proposals and waive any technical errors, informalities or irregularities if it determines in its discretion it is in the best interest of the District to do so. Any and all questions relative to this project and request for proposals shall be directed in writing by e-mail only to Martin Horak at mhorak@simon.com. Questions must be submitted on or before 5:00 p.m. (Central Time) on July 22, 2020.

Pier Park Community Development District District Manager

INSTRUCTIONS TO PROPOSERS

PIER PARK COMMUNITY DEVELOPMENT DISTRICT

Landscape & Irrigation Maintenance Services
Panama City Beach, Florida

Instructions to Proposers

DUE DATE. Sealed proposals (“Proposals”) must be received from interested parties (“Proposer(s)”) no later than July 27, 2020, at 12:00 p.m. (Central Time), at 600 Pier Park Drive, Suite 125, Panama City Beach, Florida, 32413, Attention: Martin Horak. Proposals must be accompanied by a Proposal Guarantee as described in Section 5 herein. Proposals received after the time and date stipulated above will not be considered. See Section 12, Submission of Proposal, for additional details.

SUMMARY OF SCHEDULE. The District anticipates the following RFP schedule, though certain dates may be subject to change:

DATE/TIME	EVENT	
July 3, 2020	RFP Notice is issued.	
July 3, 2020 12:00 p.m. (Central
Time)	RFP package available (“Proposal Pick-Up Time”).	
July 10, 2020, 10:00 a.m.
(Central Time)	Mandatory pre-proposal conference call.	
July 22, 2020, 5:00 p.m.
(Central Time)	Deadline for questions.	
July 27, 2020, 12:00 p.m.
(Central Time)	Proposals submittal deadline.	
August 10, 2020	Board Meeting to evaluation proposals received.	

MANDATORY PRE-PROPOSAL CONFERENCE CALL. There will be a mandatory pre- proposal conference call beginning at 10:00 a.m. (Central Time) on July 10, 2020, at the following call-in number: 888-508-8513; Conference ID: 2628941#. Proposers who do not attend the pre- proposal conference call may be disqualified, in the District’s sole discretion.

SIGNATURE ON PROPOSAL; CORRECTIONS. Each Proposer must correctly execute all forms, affidavits, and acknowledgments for which signature and notary blocks are provided. If the proposal is made by an individual, that person’s name and business address shall be shown. If made by a partnership, the name and business address of an authorized member of the firm or partnership shall be shown. If made by a corporation, the person signing the proposal shall show the name of the State under the laws of which the corporation was chartered. In addition, the proposal shall bear the seal of the corporation. Anyone signing the proposal as agent shall file with the proposal legal evidence of his/her authority to do so. All proposals must be completed in pen and ink or type written. No erasures are permitted. If a correction is necessary, draw a single

line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the proposal.

PROPOSAL GUARANTEE. Each Proposer shall submit a proposal guarantee in the form of a proposal bond or cashier’s check in the amount of five percent (5%) of the of the amount proposed with its Proposal (“Proposal Guarantee”). The Proposal Guarantee shall be held until the time of award of contract – but not to exceed 90 days from the submittal deadline – at which time the Proposal Guarantee shall be returned to each unsuccessful Proposer. If the successful Proposer does not enter into the Contract within the time frames set forth herein, the Proposer shall forfeit its Proposal Guarantee to the District.

FAMILIARITY WITH THE PROJECT. The Proposer, by and through the submission of the Proposal, agrees that he shall be held responsible for having heretofore examined the project site, the location of all proposed work and for having satisfied himself from his own personal knowledge and experience or professional advice as to the character, conditions, and location of the site, the nature of the turf, shrubs, trees, palms, vegetation, weeds, sprinklers and irrigation systems, roads, sidewalks and paved paths, ground, surface and subsurface, and any other conditions surrounding and affecting the work, any obstruction, the nature of any existing construction, and all other physical characteristics of the job, in order that the Proposer may include in the prices which the Proposer proposes all costs pertaining to the work and thereby provide for the satisfactory landscape and irrigation maintenance thereof. The Proposer agrees to accept the site in an “as is” condition, and hold its prices for the period set forth in this proposal package, regardless of any changes to the site that may occur from the time of Proposal submission and through the time of contract award and the start of any work under the contract. The Proposer, in preparing the Proposal, shall take into consideration that work by other contractors may be in progress at or near the site and that the Proposer shall not interfere with work done by such other contractors.

FAMILIARITY WITH THE LAW. By submitting a Proposal, the Proposer is assumed to be familiar with all federal, state, and local laws, ordinances, rules and regulations that in any manner affect the work as well as the District’s operating rules and procedures. Ignorance on the part of the Proposer will in no way relieve it from responsibility to perform the work covered by the proposal in compliance with all such laws, ordinances and regulations.

PROJECT MANUAL. The “Project Manual” and any addenda thereto, will be available from the District’s Property Manager, Martin Horak, at mhorak@simon.com, or available on the District’s website at www.pierparkcdd.org beginning July 3, 2020, at 12:00 p.m. (Central Time) Proposers shall obtain or download a Project Manual prior to the mandatory pre- proposal conference call.

QUALIFICATIONS OF PROPOSER. The contract, if awarded, will only be awarded to a responsible Proposer who is qualified by experience to do the work specified herein at the sole and absolute discretion of the District. The Proposer shall submit with its Proposal satisfactory evidence of experience in similar work and show that it is fully prepared with the necessary organization, capital, and equipment to provide the required work to the satisfaction of the District.

SUBMISSION OF ONLY ONE PROPOSAL. Proposers shall be disqualified and their proposals rejected if the District has reason to believe that collusion may exist among the Proposers, if the Proposer has defaulted on any previous contract or is in arrears on any previous or existing contract, or for failure to demonstrate proper licensure and business organization.

INTERPRETATIONS AND ADDENDA. All questions about the meaning or intent of the Project Manual are to be directed in writing, via e-mail only, to Martin Horak, at mhorak@simon.com. Additionally, the District reserves the right in its sole discretion to make changes to the Project Manual up until the time of the Proposal submittal deadline. Interpretations or clarifications considered necessary in response to questions or in otherwise in order to clarify the requirements of the Project Manual will be issued by Addenda to all parties. Questions received after July 22, 2020, at 5:00 p.m. (Central Time) will not be answered. Answers to all questions will be provided to all Proposers by e-mail and posted on the District’s website at www.pierparkcdd.org. Only questions answered by formal written Addenda will be binding. No interpretations will be given verbally. No inquiries will be accepted from subcontractors; the Proposer shall be responsible for all queries.

SUBMISSION OF PROPOSAL. Submit eight (8) hard copies and one (1) digital PDF copy (flash drive or disc required), along with other requested attachments, at the time and place indicated herein, which shall be enclosed in an opaque sealed envelope, marked with the project title and name and address of the Proposer and accompanied by the required documents. If the Proposal is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with a notation “RESPONSE TO REQUEST FOR PROPOSALS (Pier Park Community Development District – Landscape & Irrigation Maintenance) ENCLOSED” on the face of it. All costs to prepare and submit a response shall be borne by the Proposer.

MODIFICATION AND WITHDRAWAL. Proposals may be modified or withdrawn by an appropriate document duly executed and delivered to the place where Proposals are to be submitted at any time prior to the time and date the proposals are due. No Proposal may be withdrawn after submittal for a period of ninety (90) days.

PROPOSAL FORMS. All blanks on the Proposal forms must be completed in ink or typewritten. The Proposal shall contain an acknowledgment of receipt of all Addenda. In making its Proposal, each Proposer represents that it has read and understands the Project Manual and that the Proposal is made in accordance therewith, including verification of the contents of the Project Manual against the Table of Contents. Proposer shall provide in their Proposal a complete breakdown of both unit quantities and unit costs for each separate item associated with landscaping & irrigation maintenance plan and technical specifications. The quantities and unit costs for landscaping materials shall be provided by the Proposer in accordance with the Project Manual. Failure to supply any requested information and submit fully completed forms may result in disqualification. The district reserves the right to request additional information if clarification is necessary.

PROPOSAL INFORMATION. All Proposals should include the following information, among other things described herein:

A completed and executed Proposal Form, with all of its parts and any attachments, as well as executed copies of the Affidavit Regarding Proposal, the Sworn Statement Regarding Public Entity Crimes, and the Sworn Statement Regarding Scrutinized Companies.

A listing of the position / title and corporate responsibilities of key management or supervisory personnel (forms attached). Include resumes for each person listed, and list years of experience in present position for each party listed and years of related experience.

Describe proposed staffing levels, including information on current operations, administrative, maintenance and management staffing of both a professional and technical nature, including resumes for staff at or above the project manager level.

Information related to other projects of similar size and scope for which Proposer has provided, or is currently providing, landscape and irrigation maintenance services over the past three years (forms attached), including the scope of services provided, the name of the project owner, and a contact name and phone number.

A list of the total annual dollar value of work completed for the last three (3) years.

A list of all other contracts related to the provision of services by the Proposer in which the company is presently engaged.

At least three references from projects of similar size and scope. The Proposer should include information relating to the work it conducted for each reference as well as a name, address and phone number of a contact person. The references may, but are not required to, overlap with the projects or current contracts as listed under items E. and F.

A narrative description of the Proposer’s approach to providing the services as described in the scope of services provided herein (limited to five (5) pages).

Completed proposal pricing sheet. All responses must itemize the cost for each of the items described in the Project Manual and break out all costs, such as the number of mowings by month, dollar value by event, etc. Unit costs for mulch and annuals, including installation, should be provided but not included in the contract amount as these services shall be rendered at the discretion of the District’s Board of Supervisors. If additional services are added during the term of the contract, compensation for such services shall be based on the unit prices provided.

A current Certificate of Insurance and proof of financial capability, as specified herein.

INSURANCE.	All Proposers shall include as part of their proposal a current Certificate of Insurance demonstrating the company’s ability to meet the insurance coverage

requirements set forth in the attached contract form provided herein. In the event the Proposer is notified of award, it shall provide proof of the insurance coverage identifying the District, its officers, employees and agents as additional insureds, as stated in the contract form provided herein, within fifteen (15) calendar days after notification, or within such approved extended period as the District may grant. Failure to provide proof of insurance coverage shall constitute a default.

FINANCIALS. In evaluating and scoring the proposals, the District will consider the financial capability of each Proposer, and as such each Proposer should submit relevant information regarding financial capability. In the event the Proposer is notified of award, the District may in its sole discretion require that the Proposer provide sufficient proof of financial capability, including, if requested, audited financial statements from the last three years.

BASIS OF AWARD/RIGHT TO REJECT. The District reserves the right to reject any and all proposals, in its sole and absolute discretion, make modifications to the work, and waive any informalities or irregularities in proposals as it is deemed in the best interests of the District.

CONTRACT AWARD; CHANGES. Within fifteen (15) days of receipt of the Notice of Award from the District or as otherwise extended by the District, the Proposer shall enter into and execute a contract in substantially the form included in the Project Manual. If a Proposer to whom a contract is awarded forfeits and fails to execute a contract agreement within the aforementioned timeframe, the contract award may be annulled at the District’s option. If the award is annulled, the District may, at its sole discretion, award the contract to the next highest ranked Proposer for the contract work, re-advertise, perform the work by day/temporary labor, or through in-house operations. The successful Proposer (“Contractor”) is expected to commence work on or about February 1, 2021, or on such other date as may be specified by the district in a written Notice to Proceed. The contract shall be for a specified term and, upon expiration or termination, Contractor, if requested by the District, agrees to perform the services on a month-to- month basis until either party has provided the other party written notice of its election to renew or terminate the contract. Any work performed prior to issuance of a Notice to Proceed shall be at the Proposer’s or Contractor’s risk unless specifically agreed in writing. This RFP does not guarantee that a contract will be awarded. The District reserves the exclusive right to reject any and all Proposals and to award by items, groups of items, or total proposal.

The District reserves the right to order changes in its scope of work and resulting contract. The successful proposer has the right to request an equitable price adjustment in cases where modifications to the contract under the authority of this clause result in increased costs to the Contractor. Price adjustments will be based on the prices proposed by the Contractor in response to this solicitation. Any contract resulting from this solicitation may be modified upon written and mutual consent of both parties.

MANDATORY AND PERMISSIVE REQUIREMENTS. Notwithstanding anything else within the Project Manual, the only mandatory requirements of this Project Manual are that each Proposer must (1) be authorized to do business in Florida, (2) hold all required state and federal licenses in good standing; (3) have at least five (5) years of experience as a landscape and irrigation maintenance contractor; and (4) attend the mandatory pre-proposal conference call. All other

requirements set forth in the Project Manual shall be deemed “permissive,” in that a Proposer’s failure to meet any requirement described in mandatory terms such as “shall,” “will,” “mandatory,” or similar language does not automatically disqualify the Proposer’s Proposal, but instead in the Board’s discretion may result in the disqualification of a Proposal or alternatively may be taken into account in the evaluation and scoring of the Proposal.

INDEMNIFICATION. The successful Proposer shall fully indemnify, defend and hold harmless the District and its officers, agents, and employees from and against all claims, damages, costs and losses arising, in whole or in part, from its negligence or breach of contract, as more fully set forth in the contract form, provided herein.

LIMITATION OF LIABILITY. Nothing herein shall be construed as or constitute a waiver of District’s limitations on liability contained in section 768.28, Florida Statutes, or other statute or law.

EVALUATION OF PROPOSALS. The proposals shall be ranked based on the criteria presented in the Evaluation Criteria sheets contained within the Project Manual. Price will be one factor used in determining the proposal that is in the District’s best interest, but the District explicitly reserves the right to make such award to other than the lowest priced proposal. The Board shall review and evaluate the Proposals in their individual discretion and make any final determination with respect to the award of a final contract that is in the best interests of the District. Proposals may be held by the District for a period not to exceed 90 days from the date of proposal submittal for the purposes of reviewing the proposals and investigating the qualifications of the Proposers, prior to executing a contract agreement. During this time, all provisions of the submitted proposal must be in effect, including pricing. The District may visit the Proposer’s facilities as part of the evaluation process. The District also reserves the right to seek clarification from prospective firms on any issue in a response, invite specific firms for site visits or oral presentations, or take any action it feels necessary to properly evaluate the submissions and construct a solution in the District’s best interest. Failure to submit the requested information or required documentation may result in the lessening of the proposal score or the disqualification of the proposal response.

COLLUSION. Proposers shall be disqualified and their proposals rejected if the District has reason to believe that collusion may exist among the Proposers, the Proposer has defaulted on any previous contract or is in arrears on any previous or existing contract, or for failure to demonstrate proper licensure and business organization.

BLACK OUT PERIOD/CONE OF SILENCE. The black-out period is defined as between the time the Request for Proposals is issued by the District and the time the Board awards the contract. During this black out period, and except as otherwise expressly authorized herein, any attempt to communicate either directly or indirectly with District staff or officials related to this solicitation for goods or services, in person, by mail, by facsimile, by telephone, by electronic mail, or by any other means of communication, will result in disqualification of their award and/or contract. This does not apply to pre-solicitation conferences, contract negotiations, or communications with staff not concerning this solicitation.

PRICING. Proposers shall submit their price information on the supplied forms with all blank spaces completed. Proposers shall also sign the required form. Each line item shall be clearly stated and cover all charges including incidental expenses, applicable taxes, insurance, overhead and profit. Proposers will not be allowed to make any substitutions in materials, quantities or frequencies during the proposal process. Proposers shall guarantee that their pricing to the District shall not increase throughout the term of the contract agreement executed.

REFERENCE TERMS. Any headings in this document are for the purposes of reference only and shall not limit or otherwise affect the meaning thereof. Any reference to gender shall be construed to include all genders, firms, partnerships and corporations. References in the singular shall be construed to include the plural and references in the plural shall be construed to include the singular.

ADDITIONAL TERMS AND CONDITIONS. No additional terms and conditions included with the proposal response shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this proposal. If submitted either purposefully through intent or design or inadvertently appearing separately in transmitting letters, specifications, literature, price lists or warranties, it is understood and agreed the general and special conditions in this solicitation are the only conditions applicable to this proposal and the Proposer’s authorized signature affixed to the proposal attests to this.

PROTESTS. Any protest regarding the Project Manual, including but not limited to protests relating to the proposal notice, the proposal instructions, the proposal forms, the contract form, the scope of work, the map, the specifications, the evaluation criteria, the evaluation process established in the Project Manual, or any other issues or items relating to the Project Manual, must be filed in writing, within seventy-two (72) hours after the Proposal Pick-Up Time, and any protest relating to a decision regarding a contract award or rejection of proposal(s) must be filed within seventy-two (72) hours (excluding Saturdays, Sundays, and official holidays of the State of Florida) after issuance of a notice of such a decision. The formal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within seven (7) calendar days after the initial notice of protest was filed. Failure to timely file a notice of protest or failure to timely file a formal written protest shall constitute a waiver of any right to object or protest with respect to aforesaid plans, specifications, contract documents, or decision. Additional information and requirements regarding protests are set forth in the District’s Rules of Procedure, which are available from the District Manager. All protests must be filed to: District Manager, Anthony Jeancola, at ajeancola@rizzetta.com.

PROTEST BOND. Any proposer who files a Notice of Protest protesting the Project Manual, a proposal rejection, or a proposal award shall post with the District at the time of filing, a protest bond payable to the District. The protest bond for protesting the Project Manual shall be in the amount of ten thousand dollars ($10,000.00). Notwithstanding the District’s operating rules, the protest bond for protesting a proposal rejection or proposal award shall be in an amount equal to ten percent (10%) of the value of the solicitation, but in no case less than ten thousand dollars ($10,000.00). Bonds shall be by a U.S. postal service money order, certified, cashier’s check or such other form of surety as the District’s Staff may approve. All bonds shall be made payable to

the District. Failure to post such bond within the requested time period shall result in the protest being dismissed by the District, with the proposer afforded no relief.

If the person or firm protesting the award prevails, the bond shall be returned to the protestor; however, if, after completion of a formal protest hearing in which the District prevails, the bond shall be applied to payment of the costs and attorney fees incurred by the District relative to the protest. The entire amount of the bond shall be forfeited if the District determines that a protest was filed for a frivolous or improper purpose, including, but not limited to, the purpose of harassing, causing unnecessary delay, or causing needless cost for the District or other parties. No proposer shall be entitled to recover any costs of proposal preparation from the District, regardless of the outcome of any protest.

EVALUATION CRITERIA

PIER PARK COMMUNITY DEVELOPMENT DISTRICT REQUEST FOR PROPOSALS
LANDSCAPE AND IRRIGATION MAINTENANCE SERVICES

Factor	Description	Maximum
Points	

1.	Understanding of Scope of Work
Does the proposal demonstrate an understanding of the District’s needs for the services requested? Does it demonstrate clearly the ability to perform these services? Were any suggestions for “best practices”
performance included?	

20	

2.	Experience
(E.g., past record and experience of the respondent in similar projects; volume of work previously awarded to the firm; past performance in any other contracts; character, integrity, reputation, references of respondent,
etc.)	

20	

3.	Personnel & Equipment
This category addresses the following criteria: skill set and experience of key management and assigned personnel, including the project manager and other specifically trained individuals who will manage the property; present ability to manage this project; proposed staffing levels; capability of performing the work; geographic location; subcontractor listing; inventory of all equipment; etc. Skill set includes certification, technical training, and experience with similar projects. Please include resumes, certifications, etc., with proposal. Please also provide evidence of the proposer’s ability to meet deadlines and be responsive to client
needs.	

20	

4.	Financial Capability
Demonstration of financial resources and stability as a business entity, necessary to implement and execute the services required. If all financial information is not provided, Proposer will earn no more than five (5)
points.	

20	

5.	Price
A full twenty (20) points will be awarded to the Proposer submitting the lowest bid. AN AVERAGE OF ALL FIVE YEARS PRICING IS TO BE CONSIDERED WHEN AWARDING POINTS FOR PRICING - THE INITIAL TERM AND THE FOUR ANNUAL RENEWALS.  All other
proposers will receive a percentage of this amount based upon a formula which divides the low bid by the proposer’s bid and is then multiplied by
the number of points possible in this part of the Price evaluation.	

20	
Total		 	/100	

Additional Information Regarding Evaluation

Once proposals are received, the District’s Board of Supervisors will review each proposal and score each based on the evaluation criteria, information provided in response to reference checks, and any other information available to the District and permitted to be used under law. The District’s award will be based on the proposal that is most advantageous to the District.

The District reserves the right to seek clarification from prospective firms on any issue in a response for the District, invite specific firms for site visits or oral presentations, or take any action it feels necessary to properly evaluate the submissions and construct a solution in the District’s best interest. Failure to submit the requested information or required documentation may result in the lessening of the proposal score or the disqualification of the proposal response.

Do not attempt to contact any District Board member, staff member or any person other than the appointed staff for questions relating to this RFP. Anyone attempting to lobby District representatives will be disqualified.

It is anticipated that the District’s Board of Supervisors will meet to evaluate the proposals on August 10, 2020, at 10:00 a.m. (Central Time), but the District reserves the right to reschedule any such meeting.

AFFIDAVIT REGARDING PROPOSAL

STATE OF  	 COUNTY OF  	

Before  me,  the  undersigned  authority,  appeared the affiant, 	, and having taken an oath, affiant, based on personal knowledge, deposes and states:

I am over eighteen (18) years of age and competent to testify as to the matters contained herein.  I serve in the capacity of 	for	 (“Proposer”), and am authorized to make this Affidavit Regarding Proposal on behalf of Proposer.

I assisted with the preparation of, and have reviewed, the Proposer’s proposal (“Proposal”) provided in response to the Pier Park Community Development District’s (“District”) request for proposals for landscape and irrigation maintenance services. All of the information provided therein is full and complete, and truthful and accurate. I understand that intentional inclusion of false, deceptive or fraudulent statements, or the intentional failure to include full and complete answers, may constitute fraud; and, that the District may consider such action on the part of the Proposer to constitute good cause for rejection of the proposal.

I do hereby certify that the Proposer has not, either directly or indirectly, participated in collusion or proposal rigging.

The Proposer agrees through submission of the Proposal to honor all pricing information for ninety (90) days from the submittal of the proposals, and if awarded the contract on the basis of this Proposal to enter into and execute the contract in the form included in the Project Manual.

The Proposer acknowledges the receipt of the complete Project Manual as provided by the District and as described in the Project Manual’s Table of Contents, as well as the receipt of the following Addenda:

Addendum No. 	dated  	

Addendum No. 	dated  	

Addendum No. 	dated  	

Addendum No. 	dated  	

By signing below, the Proposer acknowledges that (i) the Proposer has read, understood, and accepted the Project Manual; (ii) the Proposer has had an opportunity to consult with legal counsel regarding the Project Manual; (iii) the Proposer has agreed to the terms of the Project Manual; (iv) this is an informal bid, and no protest rights or other procurement rights will

be afforded to the Proposer; and (v) the Proposer has waived any right to challenge any matter relating to the Project Manual, including but not limited to any protest relating to the proposal notice, proposal instructions, the proposal forms, the contract form, the scope of work, the maintenance map, the specifications, the evaluation criteria, the evaluation process, or any other issues or items relating to the Project Manual.

The Proposer authorizes and requests any person, firm or corporation to furnish any pertinent information requested by the District, or its authorized agents, deemed necessary to verify the statements made in the Proposal, or regarding the ability, standing, integrity, quality of performance, efficiency, and general reputation of the Proposer.

Under penalties of perjury under the laws of the State of Florida, I declare that I have read the foregoing Affidavit Regarding Proposal and that the foregoing is true and correct.

Dated this 	day of 	, 2020.

STATE OF  	 COUNTY OF  	

Proposer:		 By:		 Title: 		

The foregoing instrument was  acknowledged before me by means  of ▢  physical  presence or ▢
online  notarization  this 	day  of 	,  2020,  by 	of
 	,	who	is	▢	personally	known	to	me	or	▢	who	has	produced
 	as identification, and ▢ did or ▢ did not take the oath.

Notary Public, State of Florida
Print Name: 		                                               Commission No.: 	                                                     My Commission Expires:  	

PROPOSAL FORMS

PROPOSAL FORM
FOR
LANDSCAPE AND IRRIGATION MAINTENANCE SERVICES TO BE SUBMITTED TO:
PIER PARK
COMMUNITY DEVELOPMENT DISTRICT
on or before 	, 2020 at 	a.m. (Central Time) TO:	Pier Park Community Development District
FROM:	 	
(Proposer)

In accordance with the Request for Proposals for Landscape and Irrigation Maintenance for Pier Park Community Development District, the undersigned proposes to provide all services as described in the detailed Scope and/or Specifications for the District.

All proposals shall be in accordance with the Project Manual. Proposal Form Contents:
Proposal Summary
Part I – General Information
Part II – Personnel and Equipment Part III – Experience
Part IV – Pricing Signature Page

PROPOSAL SUMMARY SHEET

I, 	REPRESENTING  	
Company and/or Corporation (“Proposer”), agree to furnish the services required in the scope/specifications at the following prices:

I.	Contract Proposal Amount:	$ 		
(Please provide an average of		
all five years of pricing)		
Annual Total, Year 1:	$ 		
Annual Total, Year 2:	$ 		
Annual Total, Year 3:	$ 		
Annual Total, Year 4:	$ 		
Annual Total, Year 5:	$ 		

II.	Proposer Information		

NAME OF PROPOSER:	 	

ADDRESS: 	

PHONE:	 		FAX:    	

SIGNATURE: 	

PRINTED NAME:  	

TITLE:	 	

DATE:	 	

PART I – GENERAL INFORMATION

Proposer General Information:

Proposer Name  	

Street Address  	

P. O. Box (if any)	 	

City 	State 	Zip Code  	

Telephone 	Fax no.  	

1st Contact Name	 	Title  	

2nd Contact Name	 	Title  	

Parent Company Name (if any)  	

Street Address  	

P. O. Box (if any)	 	

City 	State 	Zip Code  	

Telephone 	Fax no.  	

1st Contact Name	 	Title  	

2nd Contact Name	 	Title  	

Company Standing:

Proposer’s Corporate Form:  	
(e.g., individual, corporation, partnership, limited liability company, etc.)

In what State was the Proposer organized? 	Date  	

Is the Proposer in good standing with that State? Yes 	No  	

If no, please explain	 	

Is the Proposer registered with the State of Florida, Division of Corporations and authorized to do business in Florida? Yes 	No  	

If no, please explain	 	

What are the Proposer’s current insurance limits?

General Liability	$	 Automobile Liability	$	 Workers Compensation          $ 	             Expiration Date	 	

Licensure – Please list all applicable state and federal licenses, and state whether such licenses are presently in good standing:

PROPOSAL FORM
PART II – PERSONNEL AND EQUIPMENT

List the location of the Proposer’s office, which would perform work for the District.

Street Address  	

P. O. Box (if any)	 	

City 	State 	Zip Code  	

Telephone 	Fax no.  	

1st Contact Name	 	Title  	

2nd Contact Name	 	Title  	

Proposed Staffing Levels - Landscape and irrigation maintenance staff will include the following:

 	   Supervisors, who will be onsite 	days per week;
 	   Technical personnel, who will be onsite 	days per 	; and
 	   Laborers, who will be onsite 	days per week.

Officers and Supervisory Personnel – Please complete the pages that follow at the end of this Part regarding the Proposer’s Officers and Supervisory Personnel, and attach resumes for any individuals listed.

Technical Personnel – Does the Proposer currently employ any other technical personnel who have expertise in pesticide application, herbicide application, arboriculture, horticulture, or other relevant fields of expertise?  Yes      No       If yes, please provide the following information for each person (attach additional sheets if necessary):

Name: 	

Position / Certifications: 	

Duties / Responsibilities: 	

% of Time to Be Dedicated to This Project: 	%

Please describe the person’s role in other projects on behalf of the Proposer:
Project Name/Location: 		 Contact: 	Contact Phone:  	 Project Type/Description:  		

Duties / Responsibilities:  	 Dollar Amount of Contract:  		 Proposer’s Scope of Services for Project:  		

Dates Serviced:  	

Subcontractors – Does the Proposer intend to use any subcontractors in connection with the work?  Yes 	No 	For each subcontractor, please provide the following information (attach additional sheets if necessary):

Subcontractor Name  	

Street Address  	

P. O. Box (if any)	 	

City 	State 	Zip Code  	

Telephone 	Fax no.  	

1st Contact Name	 	Title  	

2nd Contact Name	 	Title  	

Proposed Duties / Responsibilities: 	

Please describe the subcontractor’s role in other projects on behalf of the Proposer: Project Name/Location: 		 Contact: 	Contact Phone:  	 Project Type/Description:  		 Dollar Amount of Contract:  		 Proposer’s Scope of Services for Project:  	

Dates Serviced:  	

Security Measures - Please describe any background checks or other security measures that were taken with respect to the hiring and retention of the Proposer’s personnel who will be involved with this project, and provide proof thereof to the extent permitted by law:

Equipment – Please complete the pages that follow at the end of this Part regarding the Proposer’s Equipment that will be used in connection with this project.

OFFICERS

PROPOSER: 		DATE: 	

Provide the following information for key officers of the Proposer and parent company, if any.

NAME	
POSITION OR TITLE	

RESPONSIBILITIES	
INDIVIDUAL'S RESIDENCE CITY, STATE	

				

				

FOR PARENT COMPANY (if applicable)		

				

				

SUPERVISORY PERSONNEL
WHO WILL BE INVOLVED WITH THE WORK

PROPOSER: 		DATE: 	

INDIVIDUAL'S NAME	
PRESENT TITLE	
JOB RESPONSIBILITIES	OFFICE LOCATION	% OF TIME TO BE DEDICATED TO THIS PROJECT / #
OF DAYS ON-SITE PER WEEK	YEARS OF EXPERIENCE IN PRESENT POSITION	TOTAL YEARS OF RELATED EXPERIENCE	

							

							

							

COMPANY OWNED MAJOR EQUIPMENT
TO BE USED IN CONNECTION WITH THE WORK

PROPOSER: 		DATE: 	

QUANTITY	

DESCRIPTION*	

# OF PROJECTS DEDICATED TO	

STORAGE AND WORK SITE LOCATIONS	

				

				

				

PROPOSAL FORM PART III – EXPERIENCE

Has the Proposer performed work for a community development district previously? Yes 	No  	
If yes, please provide the following information for each project (attach additional sheets if necessary):

Project Name/Location: 		 Contact: 	Contact Phone:  	 Project Type/Description:  		 Dollar Amount of Contract:  		 Scope of Services for Project:  	

Dates Serviced:  	
List the Proposer’s total annual dollar value of landscape and irrigation services work completed for each of the last three (3) years:

2019 =
2018 =
2017 =
Please provide the following information for each project that is similar to this project, currently undertaken, or undertaken in the past five years. The projects must include irrigation maintenance as well. Attach additional sheets if necessary.

Project Name/Location: 		 Contact: 	Contact Phone:  	 Project Type/Description:  		 Dollar Amount of Contract:  		 How was the project similar to this project?  	

Your Company’s Detailed Scope of Services for Project (i.e. fertilization, mowing, pest control, weed control, thatch removal, irrigation, etc.):  	

List of equipment used on site:  	

List of subcontractors used:  	

Is this a current contract?  Yes 	No  	

Duration of contract:  	

(Information regarding similar projects – continued)

Project Name/Location: 		 Contact: 	Contact Phone:  	 Project Type/Description:  		 Dollar Amount of Contract:  		 How was the project similar to this project?  	

Your Company’s Detailed Scope of Services for Project (i.e. fertilization, mowing, pest control, weed control, thatch removal, irrigation, etc.):  	

List of equipment used on site:  	

List of subcontractors used:  	

Is this a current contract? Yes 	No  	

Duration of contract:  	

(Information regarding similar projects – continued)

Project Name/Location: 		 Contact: 	Contact Phone:  	 Project Type/Description:  		 Dollar Amount of Contract:  		 How was the project similar to this project?  	

Your Company’s Detailed Scope of Services for Project (i.e. fertilization, mowing, pest control, weed control, thatch removal, irrigation, etc.):  	

List of equipment used on site:  	

List of subcontractors used:  	

Is this a current contract?  Yes 	No  	

Duration of contract:  	

(Information regarding similar projects – continued)

Project Name/Location: 		 Contact: 	Contact Phone:  	 Project Type/Description:  		 Dollar Amount of Contract:  		 How was the project similar to this project?  	

Your Company’s Detailed Scope of Services for Project (i.e. fertilization, mowing, pest control, weed control, thatch removal, irrigation, etc.):  	

List of equipment used on site:  	

List of subcontractors used:  	

Is this a current contract?  Yes 	No  	

Duration of contract:  	

Has the Proposer, or any of its principals or supervisory personnel (e.g., owner, officer, or supervisor, etc.), been terminated from any landscape or irrigation installation or maintenance

contract within the past 5 years?  Yes  	

No  	

For each such incident, please provide

the following information (attach additional sheets as needed):

Project Name/Location: 		 Contact: 	Contact Phone:  	 Project Type/Description:  		 Dollar Amount of Contract:  		

Scope of Services for Project:  	

Dates Serviced:  	 Reason for Termination:  	

Has the Proposer been cited by OSHA for any job site or company office/shop safety violations in the past five years?  Yes 	No  	

If yes, please describe each violation, fine, and resolution	 	

What is the Proposer’s current worker compensation rating?  	

Has the Proposer experienced any worker injuries resulting in a worker losing more than ten
(10) working days as a result of the injury in the past five years?  Yes 	No  	

If yes, please describe each incident    	

Please state whether or not the Proposer or any of its affiliates are presently barred or suspended from proposing or contracting on any state, local, or federal contracts?
Yes 	No 	If yes, please provide:

The names of the entities  	

The state(s) where barred or suspended  	

The period(s) of debarment or suspension  	

Also, please explain the basis for any bar or suspension:

List any and all governmental enforcement actions (e.g., any action taken to impose fines or penalties, licensure issues, permit violations, consent orders, etc.) taken against the Proposer or its principals, or relating to the work of the Proposer or its principals, in the last five (5) years. Please describe the nature of the action, the Proposer’s role in the action, and the status and/or resolution of the action.

List any and all litigation to which the Proposer or its principals have been a party in the last five (5) years. Please describe the nature of the litigation, the Proposer’s role in the litigation, and the status and/or resolution of the litigation.

Has the Proposer or any of its affiliates (parents or subsidiaries), or any of the Proposer’s officers or principal members, shareholders or investors filed for bankruptcy, either voluntary or involuntary, within the past 10 years? Yes (_) No (_) If yes, provide the following:

Identify the Case # and Tribunal: 	

Describe the Nature of the Action: 	

Describe the Proposer’s Role in the Action and Describe the Status and/or Resolution:

Has the Proposer or any of its affiliates (parents or subsidiaries), or any of the Proposer’s officers or principal members, shareholders or investors executed an assignment for the benefit of creditors within the past 10 years? Yes (_) No (_) If yes, please explain:

Has the Proposer or any of its affiliates (parents or subsidiaries), or any of the Proposer’s officers or principal members, shareholders or investors defaulted on a loan or other financial obligation (e.g., failing to pay subcontractors or materialmen) within the past 10 years? Yes (_) No (_) If yes, please explain:

PROPOSAL FORM PART IV - PRICING

NOTE: This pricing form is intended to cover pricing for the initial one year term of the contract. It is assumed that prices will remain the same through each of the four potential annual renewal terms. If the Proposer intends to change pricing for any renewal term, then the Proposer should submit multiple pricing forms, one for each renewal term. Otherwise, the prices stated below will be binding for the initial one-year term, and any annual renewal terms.

Please complete the pricing form on the following page. Alternatively, an electronic copy of the pricing form (“Electronic Pricing Form”) will be provided to Proposers upon a written e-mail request to Martin Horak (mhorak@simon.com) and/or available to download from the District’s website: www.pierparkcdd.org

The Electronic Pricing Form contains formulas and quantity/frequency assumptions and is being provided for the convenience of Proposers. Each Proposer, by and through the submission of the Proposal, agrees that he shall be responsible for having examined and reviewed the Electronic Pricing Form and confirmed all formulas and quantity/frequency assumptions used therein to such Proposer’s satisfaction.

Pier Park CDD ‐ General Areas	Instructions	
Contractor Name:		

Contractor Instructions:	
Contractors, input your data into the Yellow shaded cells Select which activities are in scope for your bid by selecting YES in column B. Enter in Column C the number of applications and/or hours you desire to contract for each activity.	

Property Instructions:		
Total Proprosal Cost	$	-	

LANDSCAPE SCOPE	Requesting Price from Contractor	Number of Applications or Hours	UOM	Per Application Rate	ANNUAL BID COST	
Mowing	Yes	33	Application(s)	$	‐	$	‐	
Edging	Yes	33	Application(s)	$	‐	$	‐	

Fertilization ‐ Turf	
Yes	
4	
Application(s)		
$	‐	

Fertilization ‐ Trees	
Yes	
4	
Application(s)	
$	‐	
$	‐	

Fertilization ‐ Shrub Beds and Planters	
Yes	
4	
Application(s)	
$	‐	
$	‐	
Weed Control (Chemical) ‐ Turf	Yes	12	Application(s)	$	‐	$	‐	

Weed Control (Chemical) ‐ Shrub Beds and Planters	
Yes	
12	
Application(s)	
$	‐	
$	‐	

Weed Control (Chemical) ‐ Parking Lot	
Yes	
12	
Application(s)	
$	‐	
$	‐	
Mulching ‐ Pine Straw and Brown Mulch	Yes	3	Application(s)	$	‐	$	‐	
Pruning ‐ Hard Pruning of all Shrubs and Crepe Myrtles ‐ Dec.‐Feb.	Yes	1	Application(s)	$	‐	$	‐	
Pruning ‐ Hedging Shrubs	Yes	4	Application(s)	$	‐	$	‐	
Pruning ‐ Trees ‐ Palm Trees	Yes	2	Application(s)	$	‐	$	‐	

General Clean Up, Power Blowing and Litter Pickup	

Yes	

31	

Monthly		

$	‐	
Insect Pest Control and Ant Killer	Yes	24	Application(s)	$	‐	$	‐	
Irrigation/Watering/Maintenance/Repairs	Yes	2	Monthly	$	‐	$	‐	
Soil Testing	Yes	1	Application(s)	$	‐	$	‐	
Plant Replacement/Management and Replacement of Annuals	Yes	3	Application(s)	$	‐	$	‐	
% Mark Up on Plant and Material Used						
	Total	$	-	

Additional work requiring labor will be charged at the following rates:	Requesting Price from Contractor	Number of Applications or Hours		Rate/Hour or Application	Total Cost	
1. Core aeration of turf areas:	Yes	1	Application(s)	0	$	-	
2. Tree spraying (Inchworm Insecticide):	Yes	4	Application(s)	0	$	-	
3. Tree spraying (Dormant Insecticide):	Yes	4	Application(s)	0	$	-	
4. Hourly Rate for Water Truck:	Not in Scope	0		0	$	-	
5. Manual Watering Labor (including hoses):	Yes	40	Monthly	0	$	-	
6. Installation of mulch for tree and shrub beds:	Yes	1	Application(s)	0	$	-	
		
	Total	$	-	

Pier Park CDD ‐ Aaron Bessant Park and Beach Front Improvements	Instructions	
Contractor Name:		

Contractor Instructions:	
Contractors, input your data into the Yellow shaded cells.	

Property Instructions:	Select which activities are in scope for your bid by selecting YES in column B. Enter in Column C the number of applications and or hours you desire to contract for  each activity.	
Total Proposal Cost	$	-	

LANDSCAPE SCOPE	Requesting Price from Contractor	Number of Applications or Hours	UOM	Per Application Rate	ANNUAL BID COST	
Mowing	Yes	33	Application(s)	$	‐	$	‐	
Edging	Yes	33	Application(s)	$	‐	$	‐	

Fertilization ‐ Turf	
Yes	
4	
Application(s)		
$	‐	

Fertilization ‐ Trees	
Yes	
4	
Application(s)	
$	‐	
$	‐	

Fertilization ‐ Shrub Beds and Planters	
Yes	
4	
Application(s)	
$	‐	
$	‐	
Weed Control (Chemical) ‐ Turf	Yes	12	Application(s)	$	‐	$	‐	

Weed Control (Chemical) ‐ Shrub Beds and Planters	
Yes	
12	
Application(s)	
$	‐	
$	‐	

Weed Control (Chemical) ‐ Parking Lot	
Yes	
12	
Application(s)	
$	‐	
$	‐	
Mulching ‐ Pine Straw and Brown Mulch	Yes	3	Application(s)	$	‐	$	‐	
Pruning ‐ Hard Pruning of all Shrubs and Crepe Myrtles ‐ Dec.‐Feb.	Yes	1	Application(s)	$	‐	$	‐	
Pruning ‐ Hedging Shrubs	Yes	4	Application(s)	$	‐	$	‐	
Pruning ‐ Trees ‐ Palm Trees	Yes	2	Application(s)	$	‐	$	‐	

General Clean Up, Power Blowing and Litter Pickup	

Yes	

31	

Monthly		

$	‐	
Insect Pest Control and Ant Killer	Yes	24	Application(s)	$	‐	$	‐	
Irrigation/Watering/Maintenance/Repairs	Yes	2	Monthly	$	‐	$	‐	
Soil Testing	Yes	1	Application(s)	$	‐	$	‐	
Plant Replacement/Management and Replacement of Annuals	Yes	3	Application(s)	$	‐	$	‐	
% Mark Up on Plant and Material Used						
	Total	$	-	

Additional work requiring labor will be charged at the following rates:	Requesting Price from Contractor	Number of Applications or Hours		Rate/Hour or Application	Total Cost	
1. Core aeration of turf areas:	Yes	1	Application(s)	0	$	-	
2. Tree spraying (Inchworm Insecticide):	Yes	4	Application(s)	0	$	-	
3. Tree spraying (Dormant Insecticide):	Yes	4	Application(s)	0	$	-	
4. Hourly Rate for Water Truck:	Not in Scope	0		0	$	-	
5. Manual Watering Labor (including hoses):	Yes	40	Monthly	0	$	-	
6. Installation of mulch for tree and shrub beds:	Yes	1	Application(s)	0	$	-	
		
	Total	$	-	

PROPOSAL FORM
SIGNATURE PAGE

Under penalties of perjury under the laws of the State of Florida, I represent that I have authority to sign this Proposal Form (including Parts I through IV) on behalf of
 	 (“Proposer”) and declare that I have read the foregoing Proposal Form (including Parts I through IV) and that all of the questions are fully and completely answered, and all of the information provided is true and correct.

Dated this 	day of 	, 2020.

STATE OF  	 COUNTY OF  	

Proposer:			 By:			 Title: 		

The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of ▢ physical presence or ▢ online notarization this 	day of 	, 2020, by 	of
 	,	who	is	▢	personally	known	to	me	or	▢	who	has	produced
 	as identification, and ▢ did or ▢ did not take the oath.

Notary Public, State of Florida
Print Name: 		                                               Commission No.: 	                                                     My Commission Expires:  	

SWORN STATEMENT REGARDING PUBLIC ENTITY CRIMES

SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, REGARDING PUBLIC ENTITY CRIMES

THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.

This sworn statement is submitted to Pier Park Community Development District.

I am over eighteen (18) years of age and competent to testify as to the matters contained herein.   I  serve  in  the  capacity  of 	for	 (“Proposer”), and am authorized to make this Sworn Statement on behalf of Proposer.

Proposer’s business address is  	

Proposer’s Federal Employer Identification Number (FEIN) is  	

(If the Proposer has no FEIN, include the Social Security Number of the individual signing this sworn statement: 	.)

I understand that a “public entity crime” as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with any agency or political subdivision of any other state or of the United States, including, but not limited to, any bid, proposal, reply, or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

I understand that “convicted” or “conviction” as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudications of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a please of guilty or nolo contendere.

I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means:

A predecessor or successor of a person convicted of a public entity crime; or,

	An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who

knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.

I understand that a “person” as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity.

Based on information and belief, the statement which I have marked below is true in relation to the Proposer submitting this sworn statement. (Please indicate which statement applies.)

 	Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.

 	The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees members or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.

 	There has been a proceeding concerning the conviction before an Administrative Law Judge of the State of Florida, Division of Administrative Hearings. The final order entered by the Administrative Law Judge did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.)

 	The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order.)

IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR/VENDOR EXECUTING THIS PUBLIC ENTITY CRIME AFFIDAVIT TO VERIFY THAT NONE OF THE SUBCONTRACTORS/SUPPLIERS UTILIZED FOR THIS BID/QUOTE HAVE BEEN CONVICTED OF A PUBLIC ENTITY CRIME SUBSEQUENT TO JULY 1, 1989. IN THE EVENT IT IS LATER DISCOVERED THAT A SUBCONTRACTOR/SUPPLIER HAS BEEN CONVICTED OF A PUBLIC ENTITY CRIME, THE CONTRACTOR/VENDOR SHALL SUBSTITUTE THE SUBCONTRACTOR/ SUPPLIER WITH ANOTHER WHO HAS NOT RECEIVED A CONVICTION. ANY COST ASSOCIATED WITH THIS SUBSTITUTION SHALL BE THE SOLE RESPONSIBILITY OF THE CONTRACTOR/VENDOR

I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.

Dated this 	day of 	, 2020.

Proposer:		 By:		 Title: 		

STATE OF  	 COUNTY OF  	

The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of ▢ physical presence or ▢ online notarization this 	day of 	, 2020, by 	of
 	,	who	is	▢	personally	known	to	me	or	▢	who	has	produced
 	as identification, and ▢ did or ▢ did not take the oath.

Notary Public, State of Florida
Print Name: 		                                               Commission No.: 	                                                     My Commission Expires:  	

SWORN STATEMENT REGARDING SCRUTINIZED COMPANIES

SWORN STATEMENT PURSUANT TO SECTION 287.135(5), FLORIDA STATUTES, REGARDING SCRUTINIZED COMPANIES

THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
This sworn statement is submitted to Pier Park Community Development District (“District”).

I am over eighteen (18) years of age and competent to testify as to the matters contained herein.   I  serve  in  the capacity of 	for	 (“Proposer”), and am authorized to make this Sworn Statement on behalf of Proposer.

Proposer’s business address is  	

Proposer’s Federal Employer Identification Number (FEIN) is  	

(If the Proposer has no FEIN, include the Social Security Number of the individual signing this sworn statement: 	.)
I understand that, subject to limited exemptions, section 287.185, Florida Statutes, declares a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with a local governmental entity for goods or services of $1 million or more if at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, the company (a) is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; (b) is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes; or (c) is engaged in business operations in Cuba or Syria.

Based on information and belief, at the time the entity submitting this sworn statement submits its proposal to the Pier Park Community Development District, neither the entity, nor any of its officers, directors, executives, partners, shareholders, members, or agents, is listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel, or is engaged in business operations in Cuba or Syria.

If awarded the Contract, the entity will immediately notify the Pier Park Community Development District in writing if either the entity, or any of its officers, directors, executives, partners, shareholders, members, or agents, is placed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel, or is engaged in business operations in Cuba or Syria.

Under penalties of perjury under the laws of the State of Florida, I declare that I have read the foregoing Sworn Statement and all of the information provided is true and correct.

Dated this 	day of 	, 2020.

Proposer: 	

By: 	

Title: 	

STATE OF  	 COUNTY OF  	

The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of ▢ physical presence or ▢ online notarization this 	day of 	, 2020, by 	of
 	,	who	is	▢	personally	known	to	me	or	▢	who	has	produced
 	as identification, and ▢ did or ▢ did not take the oath.

Notary Public, State of Florida
Print Name: 		                                               Commission No.: 	                                                     My Commission Expires:  	

FORM OF LANDSCAPE AND IRRIGATION MAINTENANCE SERVICES
AGREEMENT

LANDSCAPE & IRRIGATION MAINTENANCE SERVICES AGREEMENT

THIS AGREEMENT (“Agreement”) is made and entered into this ____ day of _ ___ _, 2020, by and between:

PIER PARK COMMUNITY DEVELOPMENT DISTRICT, a local unit of special- purpose government established pursuant to Chapter 190, Florida Statutes, being situated in Panama City Beach, Florida, and having offices at c/o 120 Richard Jackson Boulevard, Suite 220, Panama City Beach, Florida 32314 (“District”); and

___________________________, a ____   __	 , whose address is
___________________________________ (“Contractor,” and collectively with the District, “Parties”).

RECITALS

WHEREAS, the District was established for the purpose of planning, financing, constructing, operating and/or maintaining certain infrastructure, including landscaping and irrigation; and

WHEREAS, the District has a need to retain an independent contractor to provide, for certain lands within the District, certain landscape and irrigation maintenance services; and

WHEREAS, to solicit such services, the District has solicited proposals based on a “Project Manual,” and has determined to make an award of a contract for landscape and irrigation maintenance services to the Contractor, based on the proposal pricing provided by Contractor; and

WHEREAS, Contractor desires to provide such services, and represents that it is qualified to
do so.

NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, it is agreed that the Contractor is hereby retained, authorized, and instructed by the District to perform in accordance with the following covenants and conditions, which both the District and the Contractor have agreed upon:

INCORPORATION OF RECITALS. The recitals stated above are true and correct and are incorporated by reference as a material part of this Agreement.
SCOPE OF SERVICES. The Contractor shall provide the services and materials described in the Scope of Services attached hereto as EXHIBIT A and for the areas identified in the Landscape Maintenance Areas Exhibit attached hereto as EXHIBIT C (together, “Work”). The Contractor agrees that the Landscape and Irrigation Maintenance Areas Exhibit attached hereto as EXHIBIT C is the District’s best estimate of the District’s landscape and irrigation needs, but that other areas may also include landscaping that requires maintenance. The Contractor agrees that the District may, in its discretion, add up to 0.5 acre(s) of landscaping area to the Work, with no adjustment to price,

and may add additional acreage of landscaping area to the Work beyond the 0.5 acre(s) using the unit pricing set forth in EXHIBIT B. The Contractor shall perform the Work consistent with the presently established, high-quality standards of the District, and shall assign such staff as may be required for coordinating, expediting, and controlling all aspects of the Work. Contractor shall solely be responsible for the means, manner and methods by which its duties, obligations and responsibilities are met to the satisfaction of the District. Notwithstanding any other provision of this Agreement, the District reserves the right in its discretion to remove from this Agreement any portion of the Work and to separately contract for such services. In the event that the District contracts with a third party to install certain landscaping or to otherwise perform services that might otherwise constitute a portion of the Work, Contractor agrees that it will be responsible for any such landscaping installed by the third party, and shall continue to perform all other services comprising the Work, including any future services that apply to the landscaping installed by the third party or to the areas where services were performed by the third party.
MANNER OF CONTRACTOR'S PERFORMANCE. The Contractor agrees, as an independent contractor, to undertake the Work as specified in this Agreement or any Work Authorization (see Section 7.c. herein) issued in connection with this Agreement. All Work shall be performed in a neat and professional manner reasonably acceptable to the District and shall be in accordance with industry standards, such as USF, IFAS, etc. The Contractor shall document all Work using the forms attached hereto as part of EXHIBIT D, or such other forms as may be approved by the District. The performance of all Work under this Agreement and related to this Agreement shall conform to any written instructions issued by the District.
In the event that time is lost due to heavy rains (“Rain Days”), the Contractor agrees to reschedule its employees and divide their time accordingly to complete all scheduled services during the same week as any Rain Days. The Contractor shall provide services on Saturdays if needed to make up Rain Days with prior notification to, and approval by, the District Representatives (defined below).

Contractor in conducting the Work shall use all due care to protect against any harm to persons or property. If the Contractor’s acts or omissions result in any damage to property within the District, including but not limited to damage to landscape lighting, irrigation system components, entry monuments, etc., the Contractor shall immediately notify the District and repair all damage – and/or replace damaged property – to the satisfaction of the District.

Contractor shall maintain at all times strict discipline among its employees and shall not employ for work on the project any person unfit or without sufficient skills to perform the job for which such person is employed. All laborers and foremen shall perform all Work on the premises in a uniform to be designed by the Contractor, and shall maintain themselves in a neat and professional manner. No smoking in or around the buildings will be permitted. No Contractor solicitation of any kind is permitted on property.

MONITORING OF SERVICES. The District shall designate in writing one or more persons to act as the District’s representatives with respect to the services to be performed under this Agreement (“District Representatives”). The District Representatives shall have complete authority to transmit instructions, receive information, interpret and define the District’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to the Contractor’s services. This authority shall include but not be limited to verification of correct timing of services to be performed, methods of pruning, pest control and disease control. The District hereby designates its Operations Manager, currently Robert Berlin, to act as the District Representatives. The Contractor shall not take

direction from anyone other than the District Representatives (e.g., the Contractor shall not take direction from individual District Board Supervisors, any representatives of any local homeowner’s associations, any residents, etc.). The District shall have the right to change its designated representatives at any time by written notice to the Contractor.
The Contractor shall provide the district Representatives with written report of Work performed for each week, which shall include notification of any problem areas and a schedule for the upcoming month. Further, the Contractor agrees to meet the District Representatives no less than one (1) time per month to inspect the property to discuss conditions, schedules, and items of concern regarding this Agreement.

If the District Representatives identify any deficient areas, the District Representatives shall notify the Contractor whether through a written report or otherwise. The Contractor shall then within the time period specified by the District Representatives, or if no time is specified within forty-eight (48) hours, explain in writing what actions shall be taken to remedy the deficiencies. Upon approval by the District, the Contractor shall take such actions as are necessary to address the deficiencies within the time period specified by the District, or if no time is specified by the District, then prior to the date of the next inspection. If the Contractor does not respond or take action within the specified times, and in addition to any rights under Section 18 or otherwise herein, the District shall have the rights to withhold some or all of the Contractor’s payments under this Agreement and to contract with outside sources to perform necessary Work with all charges for such services to be deducted from the Contractor’s compensation. Any oversight by the District Representatives of Contractor’s Work is not intended to mean that the District shall underwrite, guarantee, or ensure that the Work is properly done by the Contractor, and it is the Contractor’s responsibility to perform the Work in accordance with this Agreement.

SUBCONTRACTORS. The Contractor shall not award any of the Work to a subcontractor without prior written approval of the District. The Contractor shall be as fully responsible to the District for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as the Contractor is for the acts and omissions of persons directly employed by the Contractor. Nothing contained herein shall create contractual relations between any subcontractor and the District.
EFFECTIVE DATE. This Agreement shall be binding and effective as of the date that the Agreement is signed by the last of the Parties hereto, and shall remain in effect as set forth in Section 7, unless terminated in accordance with the provisions of this Agreement.
COMPENSATION; TERM.
Work under this Agreement shall begin February 1, 2021 and end January 31, 2020, 22 (“Initial Term”), unless terminated earlier pursuant to the terms of this Agreement. At the end of the Initial Term, this Agreement may be renewed on the same terms up to four (4) times on an annual basis (for a total of five (5) terms), in the District’s sole discretion.
As compensation for the Work, the District agrees to pay Contractor
 	    ($ 	)     per     year,     in     monthly     amounts  of
 	  ($ 	). Such compensation covers only the items specified in the Contractor’s pricing proposal (“Contract Amount”), attached hereto as EXHIBIT B. For additional work, subject to the provisions of Sections

7.c. and 7.d. below, the District agrees to pay Contractor pursuant to the unit pricing specified in EXHIBIT B.
Additional Work. Should the District desire that the Contractor provide additional work and/or services relating to the District’s landscaping and irrigation systems, such additional work and/or services shall be fully performed by the Contractor after prior approval of a required Work Authorization, in substantially the form attached at EXHIBIT D, or such other form as may be authorized by the District. The Contractor agrees that the District shall not be liable for the payment of any additional work and/or services unless the District first authorizes the Contractor to perform such additional work and/or services through an authorized and fully executed work authorization. The Contractor shall be compensated for such agreed additional work and/or services based upon a payment amount derived from the prices set forth in the Contractor’s proposal pricing (attached as part of EXHIBIT B). Nothing herein shall be construed to require the District to use the Contractor for any such additional work and/or services, and the District reserves the right to retain a different contractor to perform any additional work and/or services.
Payments by District. The Contractor shall maintain records conforming to usual accounting practices. Further, the Contractor agrees to render monthly invoices to the District, in writing, which shall be delivered or mailed to the District by the fifth (5th) day of the next succeeding month. Each monthly invoice shall contain, at a minimum, the District's name, the Contractor's name, the invoice date, an invoice number, an itemized listing of all costs billed on the invoice with a description of each sufficient for the District to approve each cost, the time frame within which the services were provided, and the address or bank information to which payment is to be remitted. Consistent with Florida’s Prompt Payment Act, Section 218.70 et seq., Florida Statutes, these monthly invoices are due and payable within forty-five (45) days of receipt by the District.
Payments by Contractor. Subject to the terms herein, Contractor will promptly pay in cash for all costs of labor, materials, services and equipment used in the performance of the Work, and upon the request of the District, Contractor will provide proof of such payment. Contractor agrees that it shall comply with Section 218.735(6), Florida Statutes, requiring payments to subcontractors and suppliers be made within ten (10) days of receipt of payment from the District. Unless prohibited by law, District may at any time make payments due to Contractor directly or by joint check, to any person or entity for obligations incurred by Contractor in connection with the performance of Work, unless Contractor has first delivered written notice to District of a dispute with any such person or entity and has furnished security satisfactory to District insuring against claims therefrom. Any payment so made will be credited against sums due Contractor in the same manner as if such payment had been made directly to Contractor. The provisions of this Section are intended solely for the benefit of District and will not extend to the benefit of any third persons, or obligate District or its sureties in any way to any third party. Subject to the terms of this Section, Contractor will at all times keep the District’s property, and each part thereof, free from any attachment, lien, claim of lien, or other encumbrance arising out of the Work. The District may demand, from time to time in its sole discretion, that Contractor

provide a detailed listing of any and all potential lien claimants (at all tiers) involved in the performance of the Work including, with respect to each such potential lien claimant, the name, scope of Work, sums paid to date, sums owed, and sums remaining to be paid. Contractor waives any right to file mechanic’s and construction liens.
INSURANCE.
At the Contractor’s sole expense, the Contractor shall maintain throughout the term of this Agreement, at a minimum, the following insurance:
WORKERS’ COMPENSATION/EMPLOYER’S LIABILITY: Contractor will provide Workers’ Compensation insurance on behalf of all employees who are to provide a service under this Contract, as required under applicable Florida Statutes AND Employer’s Liability with limits of not less than $100,000.00 per employee per accident, $500,000.00 disease aggregate, and $100,000.00 per employee per disease.
COMMERCIAL GENERAL LIABILITY: Commercial General Liability including but not limited to bodily injury, property damage, contractual, products and completed operations, and personal injury with limits of not less than $2,000,000.00 per occurrence, and $2,000,000.00 aggregate covering all work performed under this Contract.
AUTOMOBILE LIABILITY: Including bodily injury and property damage, including all vehicles owned, leased, hired and non-owned vehicles with limits of not less than $2,000,000.00 combined single limit covering all work performed under this Contract.
UMBRELLA LIABILITY: With limits of not less than $2,000,000.00 per occurrence covering all work performed under this Contract.
Each insurance policy required by this Contract shall:
Apply separately to each insured against whom claim is made and suit is brought, except with respect to limits of the insurer’s liability.
Be endorsed to state that coverage shall not be suspended, voided, or canceled by either party except after thirty (30) calendar days’ prior written notice has been given to the District.
Be written to reflect that the aggregate limit will apply on a “per claim” basis.
The District shall retain the right to review, at any time, coverage, form, and amount of insurance. All insurance certificates, and endorsements, shall be received by the District before the Contractor shall commence or continue work.
The procuring of required policies of insurance shall not be construed to limit Contractor’s liability or to fulfill the indemnification provisions and requirements of this Agreement.
The Contractor shall be solely responsible for payment of all premiums for insurance contributing to the satisfaction of this Agreement and shall be solely responsible for the payment of all deductibles and retentions to which such policies are subject, whether or not the District is an insured under the policy.

Notices of accidents (occurrences) and notices of claims associated with work being performed under this Contract shall be provided to the Contractor’s insurance company and to the District as soon as practicable after notice to the insured.
Insurance requirements itemized in this Contract and required of the Contractor shall be provided on behalf of all subcontractors to cover their operations performed under this Contract. The Contractor shall be held responsible for any modifications, deviations, or omissions in these insurance requirements as they apply to sub-contractors.
All policies required by this Agreement, with the exception of Workers’ Compensation, or any other policy for which specific approval is given by the District, are to be written on an “occurrence” basis, and shall name the District and its Supervisors, officers, agents, employees, and representatives as additional insured as their interest may appear under this Agreement. Insurer(s), with the exception of Workers’ Compensation on non-leased employees, shall agree to waive all rights of subrogation against the District and its Supervisors, O\officers, agents, employees or representatives.
If the Contractor fails to have secured and maintained the required insurance, the District has the right (without any obligation to do so, however), to secure such required insurance in which event, the Contractor shall pay the cost for that required insurance and shall furnish, upon demand, all information that may be required in connection with the District’s obtaining the required insurance.

INDEMNIFICATION. To the fullest extent permitted by law, and in addition to any other obligations of Contractor under the Agreement or otherwise, Contractor agrees to defend, indemnify, and hold harmless the District and its officers, agents, staff, employees, successors, assigns, members, affiliates, or representatives (together, “Indemnitees”) from any and all liability, claims, actions, suits, liens, demands, costs, interest, expenses, damages, penalties, fines, judgments against the District, or loss or damage, whether monetary or otherwise, arising out of, wholly or in part by, or in connection with the Work to be performed by Contractor, its subcontractors, its employees and agents in connection with this Agreement, including litigation, mediation, arbitration, appellate, or settlement proceedings with respect thereto. Additionally, nothing in this Agreement requires Contractor to indemnify the District for the District’s percentage of fault if the District is adjudged to be more than 50% at fault for any claims against the District and Contractor as jointly liable parties; however, Contractor shall indemnify the District for any and all percentage of fault attributable to Contractor for claims against the District, regardless whether the District is adjudged to be more or less than 50% at fault. Obligations under this section shall include the payment of all settlements, judgments, damages, liquidated damages, penalties, forfeitures, back pay awards, court costs, arbitration and/or mediation costs, litigation expenses, attorneys’ fees, paralegal fees (incurred in court, out of court, on appeal, or in bankruptcy proceedings), any interest, expenses, damages, penalties, fines, or judgments against the District. In the event that any indemnification, defense or hold harmless provision of this Contract is determined to be unenforceable, the provision shall be reformed to give the provision the maximum effect allowed by Florida law and for the benefit of the Indemnitees. The Contractor shall ensure that any and all subcontractors, and suppliers, include this express paragraph for the benefit of the Indemnitees. This section shall survive any termination of this Agreement.
LIMITATIONS ON GOVERNMENTAL LIABILITY. Nothing in this Agreement shall be deemed as a waiver of immunity or limits of liability of the District beyond any statutory limited waiver of immunity or limits of liability which may have been adopted by the Florida Legislature in

Section 768.28, Florida Statutes, or other statute, and nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law.
WARRANTY AND COVENANT. The Contractor warrants to the District that all materials furnished under this Agreement shall be new, and that all services and materials shall be of good quality, free from faults and defects. The Contractor hereby warrants any materials and services for a period of one (1) year after acceptance by the District or longer as required under Florida law. With respect to any and all plant material provided pursuant to this Agreement or any separate work authorization issued hereunder, all plant material shall be guaranteed to be in a satisfactory growing condition and to live for a period of one (1) year from planting except for annuals, which will be replaced seasonally if the District so directs. All plants that fail to survive under the guarantee shall be replaced as they fail with the same type and size as originally specified.
Contractor further warrants to the District those warranties which Contractor otherwise warrants to others and the duration of such warranties is as provided by Florida law unless longer guarantees or warranties are provided for elsewhere in the Agreement (in which case the longer periods of time shall prevail). Contractor shall replace or repair warranted items to the District’s satisfaction and in the District’s discretion. Neither final acceptance of the services, nor monthly or final payment therefore, nor any provision of the Agreement shall relieve Contractor of responsibility for defective or deficient materials or services. If any of the services or materials are found to be defective, deficient or not in accordance with the Agreement, Contractor shall correct remove and replace it promptly after receipt of a written notice from the District and correct and pay for any other damage resulting therefrom to District property or the property of landowners within the District. Contractor hereby certifies that it has thoroughly inspected the property and will address any present deficiencies with the District at the conclusion of the Initial Audit, as specified in the Scope of Services attached hereto as EXHIBIT A. Contractor shall be responsible for maintaining and warranting all plant material replaced following completion of the Initial Audit.
Contractor hereby covenants to the District that it shall perform the services: (i) using its best skill and judgment and in accordance with generally accepted professional standards and (ii) in compliance with all applicable federal, state, county, municipal, building and zoning, land use, environmental, public safety, non-discrimination and disability accessibility laws, codes, ordinances, rules and regulations, permits and approvals (including any permits and approvals relating to water rights), including, without limitation, all professional registration (both corporate and individual) for all required basic disciplines that it shall perform. Contractor hereby covenants to the District that any work product of the Contractor shall not call for the use nor infringe any patent, trademark, services mark, copyright or other proprietary interest claimed or held by any person or business entity absent prior written consent from the District.

ENVIRONMENTAL ACTIVITIES. The Contractor agrees to use best management practices, consistent with industry standards, with respect to the storage, handling and use of chemicals (e.g., fertilizers, pesticides, etc.) and fuels. The Contractor shall keep all equipment clean (e.g., chemical sprayers) and properly dispose of waste. Further, the Contractor shall immediately notify the District of any chemical or fuel spills. The Contractor shall be responsible for any environmental cleanup, replacement of any turf or plants harmed from chemical burns, and correcting any other harm resulting from the Work to be performed by Contractor.
ACCEPTANCE OF THE SITE; INITIAL AUDIT. By executing this Agreement, the Contractor agrees that the Contractor was able to inspect the site prior to the time of submission of the

proposal. Contractor shall have twenty (20) calendar days from the date of commencement as identified in a Notice to Proceed to complete an audit and submit proposals for any additional work necessary to bring the condition of the landscaping or the irrigation system into compliance with presently acceptable standards, as more specifically described in Section 2.14 of the Scope of Services attached hereto as EXHIBIT A (“Initial Audit”). Following the Initial Audit, for (a) any aspect of the landscaping or irrigation system for which the District approved and the contractor completed remedial action, or (b) any aspect of the landscaping or irrigation system not included in the proposals resulting from the Initial Audit, no changes to the compensation set forth in this Agreement shall be made based on any claim that the existing landscaping or irrigation system was not in good condition or otherwise differs materially from conditions ordinarily encountered; and Contractor agrees to be responsible for the care, health, maintenance, and replacement, if necessary, of the landscaping, and, aside from repairs necessary due to ordinary wear and tear, for the condition of the irrigation system.
TAX-EXEMPT DIRECT PURCHASES. The parties agree that the District, in its discretion, may elect to undertake a direct purchase of any or all materials used for the landscaping services, including but not limited to the direct purchase of fertilizer. In such event, the following conditions shall apply:

The District may elect to purchase any or all materials directly from a supplier identified by Contractor.

Contractor shall furnish detailed Purchase Order Requisition Forms (“Requisition(s)”) for all materials to be directly purchased by the District.

Upon receipt of a Requisition, the District shall review the Requisition and, if approved, issue its own purchase order directly to the supplier, with delivery to be made to the District on an F.O.B. job site basis.

The purchase order issued by the District shall include the District’s consumer certificate of exemption number issued for Florida sales and use tax purposes.

Contractor will have contractual obligations to inspect, accept delivery of, and store the materials pending use of the materials as part of the landscaping services. The contractor’s possession of the materials will constitute a bailment. The contractor, as bailee, will have the duty to safeguard, store and protect the materials while in its possession until returned to the District through use of the materials.

After verifying that delivery is in accordance with the purchase order, Contractor will submit a list indicating acceptance of goods from suppliers and concurrence with the District’s issuance of payment to the supplier. District will process the invoices and issue payment directly to the supplier.

The District may purchase and maintain insurance sufficient to cover materials purchased directly by the District.

All payments for direct purchase materials made by the District, together with any state or local tax savings, shall be deducted from the compensation provided for in this Agreement.

COMPLIANCE WITH GOVERNMENTAL REGULATION. The Contractor shall keep, observe, and perform all requirements of applicable local, State and Federal laws, rules, regulations, ordinances, permits (including but not limited to water use permits or regulations), licenses, or other requirements or approvals. Further, the Contractor shall notify the District in writing within five (5) days of the receipt of any notice, order, required to comply notice, or a report of a violation or an alleged violation, made by any local, State, or Federal governmental body or agency or subdivision thereof with respect to the services being rendered under this Agreement or any act or omission of the Contractor or any of its agents, servants, employees, or material men, or appliances, or any other requirements applicable to provision of services. Additionally, the Contractor shall promptly comply with any requirement of such governmental entity after receipt of any such notice, order, request to comply notice, or report of a violation or an alleged violation.
DEFAULT AND PROTECTION AGAINST THIRD-PARTY INTERFERENCE. A default by either party under this Agreement shall entitle the other to all remedies available at law or in equity for breach of this Agreement, which may include, but not be limited to, the right of damages, injunctive relief, and/or specific performance. The District shall be solely responsible for enforcing its rights under this Agreement against any interfering third party. Nothing contained in this Agreement shall limit or impair the District’s right to protect its rights from interference by a third party to this Agreement.
CUSTOM AND USAGE. It is hereby agreed, any law, custom, or usage to the contrary notwithstanding, that the District shall have the right at all times to enforce the conditions and agreements contained in this Agreement in strict accordance with the terms of this Agreement, notwithstanding any conduct or custom on the part of the District in refraining from so doing; and further, that the failure of the District at any time or times to strictly enforce its rights under this Agreement shall not be construed as having created a custom in any way or manner contrary to the specific conditions and agreements of this Agreement, or as having in any way modified or waived the same.
SUCCESSORS. This Agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the Parties to this Agreement, except as expressly limited in this Agreement.
TERMINATION. The District agrees that the Contractor may terminate this Agreement with cause by providing ninety (90) days written notice of termination to the District; provided, however, that the District shall be provided a reasonable opportunity to cure any failure under this Agreement. The Contractor agrees that, notwithstanding any other provision of this Agreement, and regardless of whether any of the procedural steps set forth in Section 4 of this Agreement are taken, the District may terminate this Agreement immediately with cause by providing written notice of termination to the Contractor. The District shall provide thirty (30) days’ written notice of termination without cause. Any termination by the District shall not result in liability to the District for consequential damages, lost profits, or any other damages or liability. However, upon any termination of this Agreement by the District, and as Contractor’s sole remedy, the Contractor shall be entitled to payment for all Work and/or services rendered up until the effective termination of this Agreement, subject to whatever claims or offsets the District may have against the Contractor.
PERMITS AND LICENSES. All permits or licenses necessary for the Contractor to perform under this Agreement shall be obtained and paid for by the Contractor.

ASSIGNMENT. Neither the District nor the Contractor may assign this Agreement without the prior written approval of the other, which approval shall not be unreasonably withheld. Any purported assignment of this Agreement without such prior written approval shall be void.
INDEPENDENT CONTRACTOR STATUS. In all matters relating to this Agreement, the Contractor shall be acting as an independent Contractor. Neither the Contractor nor employees of the Contractor, if there are any, are employees of the District under the meaning or application of any Federal or State Unemployment or Insurance Laws or Old Age Laws or otherwise. The Contractor agrees to assume all liabilities or obligations imposed by any one or more of such laws with respect to employees of the Contractor, if there are any, in the performance of this Agreement. The Contractor shall not have any authority to assume or create any obligation, express or implied, on behalf of the District and the Contractor shall have no authority to represent the District as an agent, employee, or in any other capacity, unless otherwise set forth in this Agreement.
HEADINGS FOR CONVENIENCE ONLY. The descriptive headings in this Agreement are for convenience only and shall neither control nor affect the meaning or construction of any of the provisions of this Agreement.
AGREEMENT. This instrument, together with its attachments which are hereby incorporated herein, shall constitute the final and complete expression of this Agreement between the District and Contractor relating to the subject matter of this Agreement.
ENFORCEMENT OF AGREEMENT. In the event that either the District or the Contractor is required to enforce this Agreement by court proceedings or otherwise, then the prevailing party shall be entitled to recover all fees and costs incurred, including reasonable attorneys’ fees, paralegal fees and costs for trial, mediation, or appellate proceedings.
AMENDMENTS. Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing which is executed by both the District and the Contractor.
AUTHORIZATION. The execution of this Agreement has been duly authorized by the appropriate body or official of the District and the Contractor, both the District and the Contractor have complied with all the requirements of law, and both the District and the Contractor have full power and authority to comply with the terms and provisions of this instrument.
NOTICES. Any notice, demand, request or communication required or permitted hereunder (“Notice”) shall be in writing and sent by hand delivery, United States certified mail, or by recognized overnight delivery service, addressed as follows:

A.	If to the District:	Pier Park Community Development District c/o Rizzetta & Company, Inc.
120 Richard Jackson Blvd., Suite 220 Panama City Beach, Florida 32314 Attn: District Manager	
	With a copy to:	Hopping Green & Sams, PA
119 South Monroe Street, Suite 300
Tallahassee, Florida 32301 Attn: Joseph A. Brown	

B.   If to Contractor:	 	

Attn: 	

Except as otherwise provided in this Agreement, any Notice shall be deemed received only upon actual delivery at the address set forth above. Notices delivered after 5:00 p.m. (at the place of delivery) or on a non-business day, shall be deemed received on the next business day. If any time for giving Notice contained in this Agreement would otherwise expire on a non-business day, the Notice period shall be extended to the next succeeding business day. Saturdays, Sundays, and legal holidays recognized by the United States government shall not be regarded as business days. Counsel for the District and counsel for the Contractor may deliver Notice on behalf of the District and the Contractor. Any party or other person to whom Notices are to be sent or copied may notify the other parties and addressees of any change in name or address to which Notices shall be sent by providing the same on five (5) days’ written notice to the parties and addressees set forth herein.

THIRD-PARTY BENEFICIARIES. This Agreement is solely for the benefit of the District and the Contractor and no right or cause of action shall accrue upon or by reason, to or for the benefit of any third party not a formal party to this Agreement. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the District and the Contractor any right, remedy, or claim under or by reason of this Agreement or any of the provisions or conditions of this Agreement; and all of the provisions, representations, covenants, and conditions contained in this Agreement shall inure to the sole benefit of and shall be binding upon the District and the Contractor and their respective representatives, successors, and assigns.
CONTROLLING LAW AND VENUE. This Agreement and the provisions contained in this Agreement shall be construed, interpreted, and controlled according to the laws of the State of Florida. Venue for any legal actions regarding this Agreement shall be Bay County, Florida.
PUBLIC RECORDS. The Contractor understands and agrees that all documents of any kind provided to the District in connection with this Agreement may be public records, and, accordingly, Contractor agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to Section 119.0701, Florida Statutes. Contractor acknowledges that the designated public records custodian for the District is Anthony Jeancola (“Public Records Custodian”). Among other requirements and to the extent applicable by law, the Contractor shall 1) keep and maintain public records required by the District to perform the service; 2) upon request by the Public Records Custodian, provide the District with the requested public records or allow the records to be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes; 3) ensure that public records which are exempt or confidential, and exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the contract term and following the contract term if the Contractor does not transfer the records to the Public Records Custodian of the District; and 4) upon completion of the contract, transfer to the District, at no cost, all public records in Contractor’s possession or, alternatively, keep, maintain and meet all applicable requirements for retaining public records pursuant to Florida laws. When such public records are transferred by the Contractor, the Contractor shall 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 District in a format that is compatible with Microsoft Word or Adobe PDF formats.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (850) 334-9055, OR BY EMAIL AT AJEANCOLA@RIZZETTA.COM, OR BY REGULAR MAIL AT RIZZETTA & COMPANY, INC., 120 RICHARD JACKSON BLVD., SUITE 220, PANAMA CITY BEACH, FLORIDA 32314.

SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement, or any part of this Agreement not held to be invalid or unenforceable.
ARM’S LENGTH TRANSACTION. This Agreement has been negotiated fully between the District and the Contractor as an arm’s length transaction. The District and the Contractor participated fully in the preparation of this Agreement with the assistance of their respective counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, the parties are each deemed to have drafted, chosen, and selected the language, and any doubtful language will not be interpreted or construed against any party.
COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be an original; however, all such counterparts together shall constitute, but one and the same instrument.

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IN WITNESS WHEREOF, the Parties execute this Agreement as set forth below.

ATTEST:	PIER PARK COMMUNITY DEVELOPMENT DISTRICT

___________________________	______________________________ By: __    ____    ___   ____   ___	By:______ ____ ___ ____ __
Secretary	□ Chairperson
Assistant Secretary	□ Vice Chairperson

Date:     ____    ____   ___ 	 	

ATTEST:	______________________________

______________________________	______________________________
By:  ____    ____    ___   ____   ___	By: __    ____    ___   ___ 	 	
Its: _____    ___    ____   ____   ___	Its: _____    ___    ____    ____   ___

Date:     ____    ____   ___ 	 	

Exhibit A:	Scope of Services Exhibit B:	Proposal Pricing Exhibit C:	Maintenance Map Exhibit D:	Other Forms

Scope of Services

Project Scope
General Overview
CDD Development
Pier Park, LLC, & The St. Joe Company
Property Manager – Simon Management Associates, LLC

General Contractor Requirements and Procedures
Operation Procedures
Key Personnel
Personnel Dress Code
Personnel Conduct
Safety Program
Use of Facilities by Contractor
Subcontractors
Consultants
Document Control and Data Maintenance
Verification of Data
Ownership of Data
Ownership of Materials/Equipment
Quality Control

Coordination
General Coordination
Contractor's Project Manager

Scheduled Operations and Maintenance
Turf Care
Shrubs/Ground Cover Care
Tree Care
Irrigation System
Litter Removal
Stormwater System Maintenance

Unscheduled Maintenance and Repairs
General
Damaged Facilities
Emergency Repairs
Unscheduled Maintenance

Administration/Maintenance/Operations Program
General
Administration
Operations
Maintenance

Response Time
General
Emergency Response Program

PROJECT SCOPE

The Contractor shall provide landscape, irrigation, general grounds and infrastructure maintenance for Pier Park CDD. A single Contractor may not be qualified to provide all services detailed under this Scope of Services, however, preference will be given to bidders who are qualified to perform all services. This should not discourage vendors from submitting bids for part of the outlined work, or from partnering with other vendors to provide a full scope of service.

The following is a project overview describing the community development district within Pier Park and the limits of work.

General Overview

Pier Park, located south of U.S. 98 (Back Beach Road) in Bay County, Florida, is a planned multi-use development comprised of retail & service, attractions, and public uses. Pier Park also includes Aaron Bessant Park, a city park, the Russell Fields Pier and its accompanying concession area.

Community Development District (CDD) Development

There is one community development district (CDD) that was created for the purpose of providing public infrastructure, facilities and services to Pier Park. The Pier Park Community Development District (PPCDD) generally includes the majority of the 270 acres within the Pier Park development, which extends north to U.S. 98 (Panama City Parkway), south to the Gulf of Mexico, and west to Powell Adams Road.

The CDD areas to be included in this maintenance Scope of Services are generally defined as all the public lands within Pier Park. These areas and elements include roadway shoulder areas (landscape, irrigation, and sidewalks), stormwater management ponds, culverts and headwalls, roadways, city parks with trails, and other miscellaneous and related facilities, systems or elements.

Community Development Districts are considered public entities and are subject to similar constraints and requirements as other governmental entities.

Pier Park, LLC, & The St. Joe Company

There are several areas within Pier Park that are private property owned by Pier Park, LLC, and The St. Joe Company.

Property Manager – Simon Management Associates, LLC

Simon Management Associates, LLC (SMA) has been retained by the PPCDD to serve as sole and exclusive manager for the common area maintenance management of the Property.

GENERAL CONTRACTOR REQUIREMENTS AND PROCEDURES

The Contractor shall meet the requirements and follow the procedures associated with all items in this Agreement. These general requirements and procedures are as follows:

Operation Procedures

The Contractor shall perform the basic services outlined within the Scope of Services between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday unless specified otherwise or directed by the Property Manager. The Contractor may submit a request for additional operation time, in response to poor weather conditions, to be reviewed for approval by the Property Manager.

Key Personnel

All Work shall be managed and/or directed by key personnel identified by the proposal. Any changes in the assigned key personnel shall be subject to approval by the Property Manager. Where applicable, the Contractor shall require certifications, training, etc. be secured and updated for all employees for the maintenance and technical services performed under this contract.

Contractor shall provide one (1) Project Manager who is knowledgeable of the Contractor’s daily activities when performed at the site (refer to Section 3.2 for more specific requirements). This Project Manager shall serve as the point of contact between the Property Manager and Contractor. The Project Manager shall be responsible for coordinating all scheduled services with the Property Manager and for the timely scheduling of unscheduled maintenance services.

Personnel Dress Code

The Contractor shall ensure that employees working on the Project shall wear uniforms or professional attire at all times. Because Pier Park is a family oriented community, clothing that expresses or implies obscene language or graphics, degrading or demeaning connotations, or in the opinion of the Property Manager is unsightly for any reason, shall be strictly prohibited. For safety reasons, contractor personnel shall wear shirts at all times and shall wear eyewear and footwear that conforms to safe work practices.

Personnel Conduct

The Contractor shall enforce strict discipline and good order among its employees on the Project site. The Contractor shall ensure that its employees that communicate and interact with the Pier Park community and any other customer/party associated with the Pier Park Project are knowledgeable of the Project and the Services the Contractor is performing.

Safety Program

The Contractor shall develop, implement, and maintain a safety program for its operations on the Project. That safety program shall include, at a minimum, a safety policy, safety rules and procedures, safety training, procedures for reinforcing and monitoring safety programs, procedures for accident investigations, providing and maintaining equipment safety features, and safety record keeping.

The Contractor shall comply with all State of Florida and federal and local regulations, rules and orders, as they pertain to occupational safety and health, the safe operation and security of the facilities.

The Contractor shall provide, at the Contractor's expense, all safety equipment and materials necessary for and related to the work performed by its employees. Such equipment will include, but is not limited to items necessary to protect its employees and the general public, if applicable.

Use of Facilities by Contractor

The District Property Manager shall not provide a facility on the Project Site for the Contractor as part of this Scope of Services. The Contractor shall furnish all labor, transportation, supervision, equipment, and supplies necessary to perform all services, unless otherwise agreed in writing. The Contractor shall, upon receipt of written approval from the District Property Manager, be allowed to temporarily store, if necessary, its materials and equipment on site at a District Property Manager selected location. The Contractors shall be responsible for security of its stored materials and equipment, as well as any connections for utilities to the storage site. The Property Manager will designate where Contractor’s crew will take breaks, lunches, and use restroom facilities. Employee personnel vehicles will be parked only in areas designated by the Property Manager.

Subcontractors

If the Contractor, as a part of the performance of its Services, elects to employ Subcontractors, the following shall apply:

The Contractor shall be responsible for, and coordinate with, the services of any of its Subcontractors.

The Contractor shall require all of its Subcontractors, as a condition of employment, to agree to the applicable terms and conditions identified in the Contract Documents, including this Scope of Services.

Consultants

If the Contractor, as a part of the performance of its Services, elects to employ consultants, the following shall apply:

The Contractor shall be responsible for, and coordinate with, the services of any of its consultants.

The Contractor shall require all consultants, as a condition of employment, to agree to the applicable terms and conditions identified in the Contract Documents, including this Scope of Services.

Document Control and Data Maintenance

Document Control

The Contractor shall keep accurate records of documents received and, if applicable, issued by this Contractor. A ‘document log’ shall be maintained during the work of this Contractor to provide records on the information available to or from this Contractor. An invoice with detailed field reports will suffice as the document log. The ‘log’ shall outline document titles and dates, the originator, received dates, and to/from information. This ‘log’ shall be updated monthly and submitted to the Property Manager within 5 business days of the end of the month.

Data Maintenance

The Contractor shall, after review with the Property Manager, establish a systematic process for the insertion of revised sets and the integration of that data into the overall Project plan after verification for compatibility and consistency of the information received with existing information.

Data Dispersal

Should the Contractor distribute data to others, the Contractor shall document the distribution of data by completing a letter of transmittal. A letter of transmittal shall accompany all distribution of data with a copy provided to the Property Manager identifying:

Party to whom the data is being transferred
Origination of the request for transfer
Name of data being transferred
Type(s) of data being transferred
Date of transfer
Purpose of transfer, or use of information
Further action necessary

The Contractor shall propose a format for, and keep a log of, all data transfers for updates to the Property Manager.

Verification of Data

All data provided to the Contractor shall be examined for consistency with its records and work efforts. Any obvious inconsistency shall be reported to the Property Manager verbally and in writing upon discovery.

Ownership of Data

It is to be understood that all data transmitted under this contract by the Contractor or provided to the Contractor, either by the Property Manager or third parties, is the sole property of the Community Development District. The Contractor shall have temporary charge of the data while performing contracted services for the Project. All data shall be returned to the Property Manager at the conclusion of the Project, after which no copies of

the data may be kept by the Contractor without the express written permission of the Property Manager.

The Property Manager shall retain the right to require that the Contractor transfer all Project data, to the Property Manager immediately upon fourteen days written notice, for any reason. The same procedures shall apply should it become necessary for the Contractor to voluntarily return all Project data to the Property Manager.

Ownership of Material/Equipment

It is to be understood that all material purchased under this contract by the Contractor or provided to the Contractor, either by the Property Manager or third parties, remains the sole property of the Community Development District. Likewise, it is to be understood that all equipment provided to the Contractor, either by the Property Manager or third parties, remains the sole property of the Community Development District. The Contractor shall have temporary charge of the equipment while performing contracted services for the Project.
The Property Manager shall retain the right to require that the Contractor transfer all Project material, or equipment to the Property Manager immediately upon fourteen days written notice, for any reason. The same procedures shall apply should it become necessary for the Contractor to voluntarily return all Project materials and equipment to the Property Manager.

Quality Control

The Property Manager will have the right, at any stage of the operation, to reject any or all of the Contractor's Services and materials, which in the Property Manager’s opinion does not meet the requirements of these specifications. Throughout the entire project, the Contractor shall maintain the installed number of shrubs, ground cover, and trees in addition to the installed amount of turf grasses. The Contractor shall replace or reimburse the Property Manager for the cost of replacement or repairs, at the Contractor’s own expense, those turf areas, shrubs, ground cover, and trees that are damaged or lost due to insects, disease, fungus, and/or over watering or insufficient watering from the irrigation system as directed by the Property Manager. All replacements shall meet the current size, specification, and quality of surrounding related material. Any other CDD items damaged due to Contractor’s negligence shall be repaired or replaced as directed by the Property Manag er at the Contractor’s own expense. All repairs and replacements shall also occur within two (2) weeks of notice from the Property Manager.

If requested by the Property Manager, the Contractor will make weekly walk-through reviews of the entire site related to visual observations and the Contractor's performance. The Contractor will make repairs and adjustments, as directed by the Property Manager, during these site visits.

COORDINATION

The Contractor shall provide coordination with the Property Manager for all items associated with the requirements of this Agreement.

General Coordination

If requested by the Property Manager, the Contractor shall meet with the Property Manager and its separate consultants as appropriate, on a monthly basis. Those meetings shall serve as a forum for the exchange of information, identification of pertinent and critical issues, determination of an action plan and schedule for resolving those issues, review of schedule and budget status, and discussion of other landscape, irrigation and maintenance related issues deemed appropriate by the Property Manager or the Contractor.

In addition, Contractor shall provide a representative to attend the monthly meeting of the PPCDD Board of Supervisors if requested to do so by the Property Manager. This representative shall be knowledgeable of this Project Scope and Scope of Services and shall be able to respond to any questions the Board may have as to the day-to-day activities at the Project site pursuant to this Agreement.

Coordination of the general maintenance at Pier Park is considered one of the many critical activities of the Contractor. Further, coordination of those efforts with all parties involved, or those with a 'need-to-know' is crucial to the success of the Project. While all parties involved with the Pier Park Project cannot be identified at this time, a partial list is provided as follows:

CDD Manager
CDD Property Manager
CDD District Representative
City of Panama City Beach Representative
Community Redevelopment Agency Representative
Adjacent property Owners, as directed by the Property Manager

 Contractor’s Project Manager

Contractor shall designate an on-site representative who will be responsible for overall supervision of the Contractor’s work force on the Project and shall act as the single point of contact, on a daily basis, between the Property Manager and the Contractor. This individual shall maintain at all times a means of being contacted by the Property Manager (beeper or cellular phone) and shall respond to such calls within twenty minutes of contact. This individual shall be responsible for maintaining the Contractor’s schedule of activities and notifying the Property Manager of this daily schedule, for quality control of the Contractor’s services, and for arranging and supervising unscheduled service requests by Property Manager.

SCHEDULED OPERATIONS AND MAINTENANCE

At a minimum, the Contractor shall meet all requirements associated with turf care, shrubs/ground cover care, tree care, irrigation system repair/maintenance, and litter removal, as required in this Agreement. The preferred Contractor will also meet requirements for stormwater system landscape maintenance. Attachment A includes plans identifying the general limits of CDD maintenance by area ("Unit"). All within the CDD areas shall be maintained by this contractor in accordance with the following requirements:

Turf Care

Mowing

All lawns located in developed areas, including St. Augustine, Bermuda, Seashore Paspalum (reference University of Florida CIR1244), and Bahia, shall be mowed once per week from June through August, three (3) times per month in April, May and September and twice per month from October through March. Mowing shall be performed at a minimum frequency of 33 times a year. The schedule may be adjusted contingent on weather conditions if Contractor and Property Manager mutually agree. Bermuda and Seashore Paspalum will be mowed with a reel mower.

Turf areas shall be cut to a height of no more than three (3) inches nor less than two and one-half (2 ½) inches, to foster photosynthesis and healthy root development.

Mower blades shall be kept sharp at all times to prevent tearing of grass blades.

Mulching type-mowing equipment is preferred and no side discharges are permitted on mowers.

Visible clippings after mowing shall be removed to prevent thatch build up.

Various mowing patterns shall be employed to prevent ruts in the turf caused by mowers.

All clippings shall be kept out of ornamental beds, off all sidewalks, roadways, and waterways.

Edging

Hard surface edging is to be defined as outlining and/or removing turf from along all sidewalks and curbs, and soft surface edging is to be defined as outlining and/or removing turf from all trees rings and planting beds, etc. by the use of a mechanical edger.

All hard surface edging shall be performed to maintain straight and sharp edges between curbs/sidewalks and turf areas. Edging shall be completed the same day and at the same frequency that an area is mowed.

All soft surface edging shall be performed neatly to maintain the shape and configuration of all planting areas in a clean manner, free of imperfections, at the same frequency as detailing of plant beds (once every three weeks). All plant bed edges shall be maintained to the curves, as originally designed.

The edging equipment shall be equipped with manufacturer’s guard to deflect hazardous debris. String or lined trimmers shall not be used.

All sidewalks, streets, and roadways shall be immediately swept, blown, or vacuumed to maintain a clean, well-groomed appearance.

The proper safety precautions shall be taken when edging (i.e., safety vest, signage, warning light, etc.), along roadways as required by federal, state or local law, as deemed necessary by the Contractor and/or as directed by the Property Manager.

Trimming

All areas inaccessible to mowers, and/or otherwise unmowable due to trees, light poles, chain-link fences, signs, rocks, culverts, miscellaneous hardscape items etc., shall be trimmed at the same height, same day, in the same frequency as mowing. This includes grass runners around all ponds. Trimming shall be performed with the use of a string trimmer or other mechanical means. Chemical use shall be encouraged when working within 6" of any fence posts. All other chemical use will not be permitted unless approved by Property Manager.

Weed Control

Two (2) applications (full coverage) of weed control shall be provided in the month of March and November of each year, or as needed, for all St. Augustine, Bermuda, Seashore Paspalum and Bahia areas. Any reapplications required, in the Property Manager's opinion, shall be provided at the Contractor's own expense. Weeding shall be performed to a level that is acceptable to the Property Manager. Additional requirements for weed control are defined in paragraph 4.2.

Turf areas shall be continuously monitored for infestations of disease/fungus, and weeds and treated immediately for proper control. Contractor shall provide a monthly monitoring report of these activities to the Property Manager.

All state and Federal regulations governing the use/application of chemicals shall be strictly adhered to. Contractor assumes all related liability for adhering to these regulations.

Contractor shall provide Material Safety Data Sheets(MSD Sheets) for all chemicals to the Property Manager prior to start of the contract. Contractor shall also provide MSD sheets for any changes in chemical use to the Property Manager, prior to application, throughout the entire contract period.

Fertilization

All fertilizers shall be applied (full coverage) according to manufacturer's instructions. Fertilizers shall be applied when the turf is dry and not over an early morning dew. Fertilizers shall be watered following application on the same day. Apply lawn fertilizer with broadcast spreaders and overlap consistently for uniform coverage.

A custom blended granular fertilizer shall be applied at least two (2) times per year (March, and October), or as needed, for all grasses in developed areas.

Additional applications of micronutrients may be needed in July or August for St. Augustine, Bermuda, Seashore Paspalum, and Bahia turf. Analysis, scheduled applications, and application rates per 1000 s.f. shall be approved by the Property Manager and at a minimum include a full trace element package of iron, magnesium, zinc and calcium. Analysis may be different depending on the season of application, and should always meet the specific site conditions. The minimum application rate shall be 1 lb. of Nitrogen per 1000 s.f. per application. Any reapplications required, in the Property Manager’s opinion, shall be provided at the Contractor’s own expense.

The Property Manager reserves the right to make reasonable adjustments to the specifications, timing, rate of application and elementary composition according to actual horticultural conditions at the time.

A state inspection of analysis along with an actual certified fertilizer label, legible and otherwise suitable condition for filing, must be submitted for approval.

Once fertilizer application is begun, to maintain uniform turf color, fertilization shall be completed within ten (10) working days.

All fertilizers shall be kept out of ditches and storm water retention ponds and be removed immediately from all sidewalks and roadways.

A report containing bag usage and tonnage per area shall be submitted immediately following fertilization.

All state and federal regulations governing the use and/or application of chemicals shall be strictly adhered to. Contractor assumes all related liability for adhering to or failing to adhere to these regulations.

Contractor shall provide Material Safety Data Sheets (MSD Sheets) for all chemicals to the Property Manager prior to start of contract. Contractor shall also provide MSD Sheets for any changes in chemical use to the Property Manager, prior to application, throughout the entire contract period.

Pest Control

Turf areas shall be continuously monitored for infestations of insects, including fire ants, and treated immediately for proper control per the attached IPM Specifications. Contractor shall provide a monthly monitoring report of these activities to the Property Manager.

All state and federal regulations governing the use/application chemicals shall be strictly adhered to. Contractor assumes all related liability for adhering to or failing to adhere to these regulations.

Contractor shall provide MSDS sheets for all chemicals to the Property Manager prior to start of Agreement. Contractor shall also provide MSDS sheets for any changes in chemical use to the Property Manager, prior to application, throughout the entire term of the Agreement.

pH Adjustment

It is anticipated that the soil pH level may require adjustment in various areas throughout the Project site. The Contractor shall perform, as directed by the Property Manager, soil tests for any and all areas where the landscape is not responding adequately to the landscape care program. Based on the pH test results, the Contractor shall provide a pH adjustment program, if required, to be approved by the Property Manager. These areas will be monitored and, as directed by the Property Manager, follow-up tests will be required. The soil tests and the pH adjustments shall be considered part of the base Scope of Services.

Special Conditions for Bermuda and Seashore Paspalum

Complete application of fertilizer in May in addition to standard twice per year fertilization. Supply the turf with nitrogen feedings at least every other month during summer and fall. Cut with a reel mower frequently to a height of one (1) to two (2) inches. Check weekly for pest problems.

Shrubs/Ground Cover Care

Flowering Annuals

Annual Bedding plants are to be replaced three times (3x) annually in the designated areas on Exhibit C . Plants are to be 4” pot size with an 8” spacing and should be planted to maximize curb appeal for the site. Annuals should be planted for winter, spring, and summer/fall seasons. Recommendations for plant types and colors, if different from standard specifications, should be made to Property Manager thirty days in advance of proposed planting schedule.

Pruning

Detailing of planted areas shall be performed in a sectional method, with the frequency of once every three (3) weeks. Detailing includes trimming, pruning and shaping of all shrubbery, ornamentals and ground cover, removal of under story tree suckers (including oak trees), removal of unwanted vegetation, and the fluffing of pinestraw, bark or chips. Contractor shall provide to the Property Manager a sectional detailing operation map for review and approval within 30 days after the Contractor receives notice-to-proceed with the Services.

Shrubs shall be hand clipped to remove only the top excess growth. Hedge sheering shall not be performed until shrub rows are completely full and have obtained at least 3' full height. Pruning sides of shrubs shall be avoided to allow the mass to naturally fill.

No pruning shall be performed on live wood that alters the shape and fullness with respect to the intended character of the plantings. The Contractor at no additional cost to the Property Manager shall replace any shrub damaged from equipment, other negligent activities, or improper pruning.

Shrubs shall be pruned according to Property Manager’s specific instructions.

All ornamental grasses and shrubs shall be pruned bi annually, or as occasionally directed by Property Manager.

Summer flowering shrubs shall be pruned yearly during late winter/early spring.

Spring flowering shrubs shall be pruned yearly after blooming.

Broad leaf evergreen shrubs shall be hand-pruned yearly to maintain their natural appearance after the new growth has hardened off.

Conifers shall be pruned yearly after the foliage of the new growth has changed color.

Ground covers shall be edged and pruned to contain them within the planting beds.

The main stem of shrubs or vine-like plants planted near fences shall be secured to the fence with plastic tie material to allow new growth to be guided as directed by the Property Manager.

All clippings shall be removed from all sidewalks, roadways, and waterways, and disposed off-site.

A schedule for pruning shall be submitted to the Property Manager for approval within 30 calendar days of the notice-to-proceed with the Services.

Selective pruning, balling and shaping shall be performed as needed to expose landscape lights and remove all dead wood.

Weeding

The Contractor shall be required to maintain all mulched areas free of weeds, to a level that is acceptable to the Property Manager, by hand pulling or chemical means, as environmental, horticultural, and weather conditions permit. As a general policy, chemical means of weed control will not be suitable for weeds that are in excess of 2 inches above the ground cover. An appropriate combination of "pre" and "post" emergent weed control tactics are strongly recommended. Placement of a weed barrier in all beds is also encouraged. Weeding shall be performed in conjunction with the detailing of planted areas at a minimum frequency of once every two weeks. Weeds around impervious surfaces shall be sprayed as soon as observed. All weeds collected shall be removed and disposed off-site.

All state and federal regulations governing the use and/or application of chemicals shall be strictly adhered to. Contractor assumes all related liability for adhering to or failing to adhere to these regulations.

Contractor shall provide Material Safety Data Sheets(MSD Sheets) for all chemicals to the Property Manager prior to start of the contract. Contractor shall also provide MSD Sheets for any changes in chemical use to the Property Manager, prior to application, throughout the entire contract period.

Fertilization

A custom blend fertilizer shall be applied at least two (2) times per year (March/April and September/October) per soil tests, or as needed. Analysis shall include a trace element of iron, magnesium, zinc, and calcium. Analysis and program should be structured to meet the specific site conditions. Reapplications, if required in the Property Manager’s opinion, shall be provided at the Contractor’s own expense.

Fertilizers shall be applied at a rate of one pound of nitrogen per 1,000 SF of bed area.

Fertilizers shall be used per the soil test results and can include the following:

40% nitrogen derived from ammonium sulfate; 60% from controlled release.
A ratio of nitrogen to potassium at 1 to 1.
Two percent iron - minimum.
Two percent magnesium - minimum.
One percent magnesia - minimum.
Three percent phosphorous - minimum.
Include elements of calcium, boron, copper, zinc, and phosphorous.

Alternative fertilizer analysis may be approved by the Property Manager, if the Contractor substantiates correlation to healthier plant growth.

Granular fertilizer shall be applied by hand or hand operated broadcast spreader insuring uniform coverage. Fertilization shall be completed within ten (10) working days.

A state inspection of analysis along with an actual label in legible and otherwise suitable condition for filing shall be submitted for approval.

All fertilizer shall be kept out of ditches and ponds and be removed immediately from all sidewalks, pedestrian areas and roadways.

A report containing name of product applied, mix ratio, rate of application, amount of product applied, and location of application shall be submitted immediately following fertilization.

All state and federal regulations governing the use/application chemicals shall be strictly adhered to. Contractor assumes all related liability for adhering to or failing to adhere to these regulations.

Contractor shall provide Material Safety Data Sheets (MSD Sheets) for all chemicals to the Property Manager prior to start of the contract. Contractor shall also provide MSD Sheets for any changes in chemical use to the Property Manager, prior to application, throughout the entire contract period.

Pest and Disease Control

The Property Manager shall be notified one week prior to any chemical application. All over spray shall be prevented and contact with any pedestrians, their property or pets shall be strictly avoided.

All landscape areas shall be continuously monitored for infestations of insects and disease/fungus, and treated immediately for proper control. Contractor shall provide a monthly monitoring report of these activities to the Property Manager.

The Contractor shall treat insect infestations on an as needed basis. Labor and material costs for necessary treatment shall be included in basic scope of services..

Operating personnel shall be knowledgeable and capable of monitoring and identifying infestations of disease/fungus and licensed to apply any chemical treatments. All chemicals shall be used in strict accordance with federal, state, and county directives on environmental control and carry an EPA approval number.

All state and federal regulations governing the use/application chemicals shall be strictly adhered to. Contractor assumes all related liability for adhering to or failing to adhere to these regulations.

Contractor shall provide Material Safety Data Sheets (MSD Sheets) for all chemicals to the Property Manager prior to start of the Agreement. Contractor shall also provide MSD Sheets for any changes in chemical use to the Property Manager, prior to application, throughout the entire term of the Agreement.

Mulching

All mulched beds shall be turned over for a fresh appearance during every other required bed detailing sequence. Grade 1 pine needle mulch (debris free) and dark- brown mulch (non-floating) shall be installed three times a year in March, July and October at a depth of 1 ½" to 2". The month can vary as directed by the Property Manager. Mulch in excess of 2" shall be removed from the planting areas.

pH Adjustment

A soil analysis and pH adjustment shall be provided for shrubs/ground covers as per section 4.1.7.

Tree Care

Pruning

Overall, no topping of any of the trees on site. Dead wood and broken branches should be removed from all trees at a minimum of two times per year, once in February and again in August, or as directed by the Property Manager. No pruning should be performed on live wood that would affect the fullness with respect to the intended character of the plantings. Any tree damaged from equipment, other negligent activities or improper pruning shall be replaced by the Contractor at no additional cost to the Property Manager.

Remove all sucker growth from base of trees on a regular basis. Remove any limb, which in the Property Manager’s opinion poses a threat to public safety. Unless otherwise directed by the Property Manager, Utilize the specific pruning practices described below:

Oaks - Prune street trees to maintain a desired uniform appearance by thinning or tipping, only after trees have established themselves (typically about 18 months) and been through a minimum of one good spring flush of growth. Maintain under story height at least 7 ft. from ground. Optimum time for pruning is during the winter months to encourage new growth in the spring. Oaks not used as street trees should be allowed to take on a more natural form and shape for optimum character and shade development with no thinning or tipping. Dead wood or broken branches should be removed. No topping shall be performed on oak trees. Branches are encouraged to hang over walks with adequate pedestrian and bicycle clearance.
Crape Myrtle – Tip in January, but only by approximately 2' - 3'. Crapes should have only the dead seedpods trimmed off after the blooms die back or during the winter months. This will shape the crape myrtles to become larger trees, rather than remaining small. To achieve optimum size, preservation of stems pencil size in diameter or greater is recommended unless the stem is damaged. This is critical in the first few years after planting since the installed tree is relatively small, and pruning several feet will cause the tree to take longer to reach mature size. Severe topping shall be considered out of character.
Wax Myrtle - Tip mildly in January, cleaned at the base to 2' clear trunk and dead wood removed. All suckers/shoots from the bottom of the trees should remain trimmed away to provide a clean appearance. This will also promote growth at the top of the plant.
East Palatka Holly - These trees are located in the medians and should be left full to the ground unless it is determined this will block views and become a safety issue, and in that case, it will be required to limb them up.

Ligustrum - Hand clip in order to maintain full, natural shape. Sever shearing into "globes" shall be avoided, unless directed by the Property Manager. No topiary shaping of heads. Suckers and shoots growing from the bottom of the trees should be trimmed away to provide a clean appearance.
Magnolias - Allow to grow into natural form and shape. These do not require annual pruning. However any broken branches or dead wood should be pruned out of trees to promote new growth and maintain optimal visual appeal. Prune only sucker growth and to maintain an attractive, clear trunk appearance. Trees should not be limbed up to expose clear trunk. They should remain full to the ground unless there is a reason such as blocking views or safety issues that require limbing them up.
Red Maple - Allow to grow into natural form and shape. These do not require annual pruning. However any broken branches or dead wood should be pruned out of trees to promote new growth and maintain optimal visual appeal.
Sweet Gum - Allow to grow into natural form and shape. These do not require annual pruning. However any broken branches or dead wood should be pruned out of trees to promote new growth and maintain optimal visual appeal.
Sabal Palm - Trim bi-annually, or as occasionally directed by Property Manager, to remove old fronds. Any unsightly fronds that are wind- beaten or damaged by tropical storms/hurricanes should be removed upon decline and browning. Upon appearance, flower stalks on palms should be removed as soon as possible. It takes a great deal of energy for the plant to produce these, which means that essential nutrients supplied to the palm are being used to support the flower instead of growth of fronds.
Bald Cypress - Allow to grow into natural form and shape. These do not require annual pruning. However any broken branches or dead wood should be pruned out of trees to promote new growth and maintain optimal visual appeal.
Long Leaf Pine - Allow to grow into natural form and shape. These do not require annual pruning. However any broken branches or dead wood should be pruned out of trees to promote new growth and maintain optimal visual appeal.
Sweet Bay - Allow to grow into natural form and shape. These do not require annual pruning. However any broken branches or dead wood should be pruned out of trees to promote new growth and maintain optimal visual appeal.
Washingtonia Palm - Trim bi-annually, or as occasionally directed by Property Manager. Any unsightly fronds that are wind-beaten or damaged by tropical storms/hurricanes should be removed upon decline and browning. Upon appearance, flower stalks on palms should be removed as soon as possible. It takes a great deal of energy for the plant to produce these, which means that essential nutrients supplied to the palm are being used to support the flower instead of growth of fronds.
Persimmon - Allow to grow into natural form and shape. These do not require annual pruning. However any broken branches or dead wood

should be pruned out of trees to promote new growth and maintain optimal visual appeal.
Phoenix Palms - Trim bi-annually, or as occasionally directed by Property Manager, to remove old fronds. Any unsightly fronds that are wind-beaten or damaged by tropical storms/hurricanes should be removed upon decline and browning. Upon appearance, flower stalks on palms should be removed as soon as possible. It takes a great deal of energy for the plant to produce these, which means that essential nutrients supplied to the palm are being used to support the flower instead of growth of fronds.
Medjool Palm - Trim bi-annually, or as occasionally directed by Property Manager, to remove old fronds. Any unsightly fronds that are wind-beaten or damaged by tropical storms/hurricanes should be removed upon decline and browning. Upon appearance, flower stalks on palms should be removed as soon as possible. It takes a great deal of energy for the plant to produce these, which means that essential nutrients supplied to the palm are being used to support the flower instead of growth of fronds.

Trees located in buffer areas shall be pruned twice (2) a year. These trees shall be pruned to promote dense canopy for screening and to provide a neat appearance. The Property Manager shall provide specific instructions for pruning trees in buffer areas.

Other ornamental trees shall be pruned yearly during late winter/early spring (late February - April).

All other trees shall be pruned yearly to enhance their natural character as directed by the Property Manager.

Trees shall be canopied in a manner that will prevent interference with pedestrian walkways, signage and traffic, as well as assist in the general appearance of the property. This service will be performed as necessary in accordance with the with the pruning schedule for shrubs and groundcover as described under Section 4.2.2to maintain uniformity and property clearances.

Selective pruning and shaping shall be performed as needed to expose landscape lights.

Fertilizer

Trees shall be fertilized as per the requirements of 4.2. Any alternative fertilizer analysis recommended specifically for individual trees may be approved if the Contractor substantiates reasons for healthier plant growth.

Pest Control

Preventative insect/disease control treatments shall be provided for individual trees, as per the requirements of 4.2.4.

Mulch

All mulch shall be turned over for a fresh appearance during every other pruning scheduled under 4.2.2 for shrubs and groundcover. Grade 1 pine needle mulch (debris free) and dark-brown mulch (non-floating) shall be installed three times a year in March, July and November at a depth of 1 ½" to 2". Mulch in excess of 2" shall be removed from the planting areas. All individual isolated trees shall have their tree ring re-mulched keeping a 12” area free from mulch to discourage fungal issues.

pH Adjustment

Soil testing and pH adjustment shall be provided as per the requirements of 4.1.7.

Trees Along Walking Trail

Trees and vegetation along the walking trail shall be left in a natural state and only trimmed as necessary, i.e., foliage blocking the pathway and creating a potentially unsafe environment.

Irrigation System

General Requirements

The Contractor shall be responsible for continual, full operation of all system parts. Any plant damage resulting from non-operation of system, over-watering, or insufficient watering due to maintenance neglect shall be the Contractor's responsibility, as per Section 2.12. Contractor shall replace damaged materials or reimburse the Property Manager for the cost of replacement or repairs as directed by the Property Manager.

The Contractor shall be responsible for repairs to the system caused by the Contractor or by the Contractor's neglect for the term of this Agreement.

Automatic irrigation system will be programmed weekly to provide a watering frequency sufficient to replace soil moisture below the root zone.

All irrigation shall be performed between 1:00 a.m. and 7:00 a.m. Any extension from this schedule shall be approved by the Property Manager.

Any modifications to the irrigation system shall be submitted in writing for approval. Approval will be in writing to the Contractor. If the original request is not satisfactory to the Property Manager, an alternate plan may be requested. A detailed sketch of the irrigation system for record documents will also be supplied to the Property Manager, prior to work commencing.

Contractor shall provide hourly rate and material item pricing sheet for typical irrigation repairs (i.e. pop-up sprinkler replacement, piping replacement, etc.)

Monitoring/Adjustments

The Contractor shall inspect the operation of the entire system, including clocks, timers, etc. at one time no less than once every four weeks. A written report shall be furnished to the Property Manager at the completion of each inspection. During this inspection, the Contractor shall perform the following:

Activate each zone of the existing system.
Visually check for and report any damaged heads or ones needing repair.
Ensure the operation and coverage is sufficient for proper healthy landscape growing conditions.

In addition to the Contractor’s inspection at least once every four weeks of the entire system, each zone should be tested individually at a separate time at least once per month.

Spray patterns for all irrigation heads shall be adjusted, if required, when detected by the Contractor or as directed by the Property Manager.

Any adjustments to the spray nozzle’s spray patterns, controllers, etc. required to provide optimum growth of the landscape shall be provided on an as needed basis as part of the base Scope of Services.

All replacement parts shall be the same manufacture or of similar make and model as the initial irrigation installation.  Execution of all repairs/installation shall be as per original construction details/specifications.

Above ground irrigation components damaged by the Contractor while performing landscape maintenance activities shall be repaired and replaced by the Contractor within 24 hours at no charge to the Property Manager.

Any property damage due to wash outs created by irrigation breaks that went undetected due to negligence of the Contractor shall be repaired by the Contractor at no charge to the Property Manager.

All non–emergency repairs less than $250 per job can be completed without Property Managers approval. However, if the job is $250 or more than the contractor must contact the Property Manager within 24 hours and receive approval prior to beginning the work.

Valve/Valve Boxes

Provide any miscellaneous cleaning of valves for proper functioning on an as needed basis.

Ensure that all valve boxes remain flush and level with grade. The valve boxes shall be kept free of any overgrowth of plant material or sod. The interior of each box shall be kept clean and lined, as per the original construction details.

Litter Removal

Landscape Areas

Any litter found in planting beds or in turf areas shall be collected daily and disposed of off-site prior to each mowing cycle.

Road Right-of-Way, Ponds, and City Park Ponds

Contractor shall monitor all road right-of-ways, stormwater ponds, and city park Ponds areas once daily to collect any litter and dispose of the litter off-site.

Storm Water System Maintenance

The storm water inlet grates should be inspected during grass cutting and litter pickup to ensure trash and debris are not blocking the flow of storm water. Any debris or trash should be removed immediately.

All ponds, outfall structures, headwalls, equalizing culverts and discharge pipes should be inspected during grass cutting to ensure they remain litter free.

The pond side slopes shall be inspected monthly from April through November and bi-monthly from November through March, and all excessive vegetation shall be cut.

The pond slopes should be observed during the routine grass cutting for any signs of scour, erosion, or settlement. The outlet structures of the ponds shall be inspected monthly and after rainfall events in excess of one inch. Any trash or debris shall be removed and any deviation from the normal drain down of the ponds from normal levels after rainfall shall be reported to the Property Manager.

UNSCHEDULED MAINTENANCE AND REPAIRS

The Contractor shall be equipped and organized to provide any unscheduled maintenance and repairs required in this Agreement. The general procedures for unscheduled maintenance and repairs, response to damaged facilities and emergencies, and unscheduled maintenance activities is addressed below.

General

The Contractor shall be responsible for all repairs within the limits of work unless directed otherwise by the Property Manager. Repairs that result from the Contractor’s failure to properly perform the Services under this Scope of Services shall not be considered an Additional Service and therefore shall not warrant additional compensation to the Contractor. Repairs that, in the Contractor and Property Manager’s opinion are not as a result of Contractor negligence shall be deemed an Additional Service and shall, at the Property Manager’s election, be made by the Contractor upon receipt of a Work Authorization from the Property Manager. When the Contractor determines that a repair is necessary, the Contractor shall submit to the Property Manager a Work Authorization form together with the Contractor’s estimate of the cost to perform the repair. Whenever possible, this Work Authorization and cost estimate should be sent to the Property Manager seven (7) calendar days in advance of the Contractor performing the Services and upon Property Managers approval.

The Property Manager shall return one executed copy of the Work Authorization form and shall indicate the method of compensation. In the event Services are to be provided on a unit price or time and material basis, within seven (7) calendar days upon completion of the Services, the Contractor shall submit to the Property Manager, an itemized listing of the Contractor’s and/or Subcontractor’s costs to perform the Services including all unit quantity items or labor, equipment, and materials. The itemized listing shall be presented in a format acceptable to the Property Manager and if requested by the Property Manager shall include copies of invoices from others providing work or materials on the repair.

Damaged Facilities

Should the Contractor become aware of damage to the facilities within the area maintained by the Contractor, the Contractor shall notify the Property Manager as soon as possible. If the Property Manager elects to have the Contractor perform the repair, the Property Manager shall issue a Work Authorization to the Contractor to proceed with the repair.

Irrigation Repairs

All irrigation breaks shall be repaired immediately. Lines shall be flushed thoroughly before installing new heads.

Irrigation components damaged by accident caused by someone other than the Contractor, by wear and tear, or by vandalism shall be reported to the Property Manager immediately. Execution and payment for these repairs is explained in Section 5.1.

Emergency Repairs

If the repair to a damaged facility is deemed an emergency and immediate repair is judged necessary by either the Contractor, District Manager, Owner or Property Manager, upon receipt of authorization by the Property Manager, the Contractor shall proceed with providing all material, labor, and equipment on a time and material basis necessary to make the repair and restore the facilities. If the repair is

required due to Contractor’s negligence, the Property Manager shall back charge the Contractor for the repair.

The Contractor shall provide any emergency repairs to the irrigation system immediately once detected by the Contractor, or within three hours of notification from the Property Manager. If the emergency repairs are due to Contractor negligence, the Contractor shall provide these repairs at its own expense. If these repairs are beyond the Contractor’s control within the Scope of Services, the Contractor shall provide the repairs and submit an invoice on a time and material basis.

Emergency repairs, as agreed by the Property Manager, are the only repairs that will not require a Work Authorization from the Property Manager.

Unscheduled Maintenance

The Contractor shall provide occasional unscheduled maintenance that is in Addition to the base Scope of Services. The Contractor shall receive a Work Authorization from the Property Manager and shall respond and complete the request within two weeks or a mutually agreeable time with the Property Manager. The Contractor's cost estimate to provide the work shall be approved by the Property Manager prior to commencement. The Contractor shall be available and willing to provide the following unscheduled maintenance services:

Raise the height of irrigation heads.
Provide landscape and irrigation materials, replacements, or repairs due to vandalism or acts of God.
Provide, in late October of each year, over-seeding in undeveloped Bahia areas with Winter Rye. The Contractor shall provide seeding mix to the Property Manager for approval prior to application. Any reapplications required, in the Property Manager’s opinion, due to poor germination or inconsistent coverage shall be provided at the Contractor’s own expense.

ADMINISTRATION/MAINTENANCE/OPERATIONS PROGRAM

The Contractor shall draft an Administration, Operation, and Maintenance Program document and shall implement the policies and procedures of the program described therein. That program and program document shall address, but not be limited to, the following:

General

This program shall be a comprehensive narrative and where applicable, shall include graphic/diagrammatic explanations of policies and procedures that shall govern the Contractor's Services provided under this Agreement as generally outlined in this Scope of Services. The program document shall contain key information relative to the major components described below.

The program document shall be presented in a three-ring binder using standard "8-
½ x 11" pages, single-spaced for text, graphics, and/or diagrams, and with, if necessary, 11" x 17" pages for diagrams and/or graphics that fold out if necessary. The document shall include as a minimum, a table of contents, section dividers,

numbered pages, issuance date on each page, and appendices as required. Each copy shall be numbered and a log shall be kept by the Contractor of document holders (refer to Section 2.9.3, Data dispersal).

The program document shall be kept up-to-date at all times by the Contractor. Revisions to the document shall be indicated by footnote on the revised pages. Revisions shall be distributed by the Contractor to all document holders.

The Contractor shall prepare draft copies of the document for review and comment by the Property Manager within ten (10) calendar days of the notice to proceed with the Services. The Contractor shall anticipate at least two (2) more additional reviews by the Property Manager prior to issuance of the final document. All comments provided by the Property Manager shall be incorporated into the document. The Contractor shall be responsible for preparing and submitting the following number of copies of the program document to the Property Manager.

First draft	Three (3) unbound copies and one (1) electronic copy.
Second draft	Three (3) unbound copies and one (1) electronic copy.
Third draft	Three (3) unbound copies and one (1) electronic copy.
Final document	Three (3) bound copies and two (2) electronic copies.

Administration

The administrative section of the program document shall, at a minimum, address those functions relating to administrative matters generally described in the scope of Services that are the responsibility of the Contractor, and shall further include the other items provided below.

Organization charts for administrative management functions. Include key personnel names, job titles, resumes and phone numbers.

Policies and procedures related to the Contractor’s program for communications with the Pier Park community relative to general maintenance operations, customer services, and irrigation user issues.

Policies and procedures related to coordination and communication with developers, builders and others who are a part of the continuing development and construction of the Pier Park community.

Personnel policies and procedures related to the Contractor’s personnel performing services on the Pier Park site.

Operations

The operations section of the program document shall, at a minimum, address those functions relating to operations and customer service matters generally described in the Scope of Services that are the responsibility of the Contractor, and shall further include the other items provided below.

Organization charts for operations and customer service related functions. Include key personnel names, job titles, and phone numbers.

Policies and procedures related to emergency situations including 24-hour notification, emergency phone numbers, Contractor mobilization and response time (refer to Section 7.2, Emergency Response Program for further details).

Policies and procedures related to the Contractor's safety program.

Maintenance

The maintenance section of the program document shall, at a minimum, address those functions relating to maintenance matters generally descried in the Scope of Services that are the responsibility of the Contractor, and shall further include the other items provided below.

Policies and procedures related to the irrigation system including an equipment guide list identifying each piece of operation equipment, using an appropriate numbering system, with a specific notation as to whether, in the event of an equipment failure, the unit must receive emergency corrective maintenance to maintain normal operation of the system.

The equipment identification shall specify as appropriate, the type of unit, make, model number, voltage, gpm, rpm, size, source for repair and/or spare parts, capacity, procurement source, purpose, and functions.

Policies and procedures related to maintenance requirements including the following:

Maintenance requirement cards, identifying step-by-step procedures for equipment checks which the Contractor shall perform daily, weekly, monthly, quarterly, semiannually and annually for irrigation maintenance. The maintenance requirements shall be based on the vendor equipment manuals for the equipment, copies of which will be provided to the Contractor.

A summary maintenance schedule based on and cross-referenced to the equipment guide list specifying the proposed schedule for daily, weekly, monthly, quarterly, semiannual and annual maintenance.

An equipment history logbook for recording the results of each maintenance check and the historical condition of each piece of equipment.

A flow chart and a written description of how the maintenance program will be used and implemented.

The Administration, Operation, and Maintenance Program shall be submitted by the Contractor for review and approval by the Property Manager's Program Manager. The Contractor shall modify the program as required by the Property Manager's Program Manager.

RESPONSE TIME

The Contractor shall provide services and repairs within the amount of time indicated in this Agreement. The following is general response time information and requirements for the Emergency Response Program to be developed, implemented, and maintained by the Contractor.

General

The Contractor shall, on a timely and efficient basis, respond to any and all requests, and perform all repairs, inspections, and observations, etc. stipulated in the Project Manual. The Contractor shall provide supervisory, operating and maintenance personnel as required who shall be available on call 24 hours per day, 7 days per week to respond to and correct any problems with any of the elements covered by this agreement.

Response time, unless otherwise directed by the Property Manager, required by the Contractor for various maintenance activities is as follows:

Standard maintenance activity adjustments - varies; as directed by Property Manager
Irrigation adjustments - 24 hours
Standard repairs - one week
Emergency repairs - three hours
Unscheduled maintenance request - as needed, as soon as four hours
Plant material replacement - two weeks

Should the Contractor fail to respond to a request for any services addressed in this Project Scope within the required allotted time, the Property Manager shall, at the Contractor's sole expense, provide the requested services.

Emergency Response Program

The Contractor shall develop, implement, and maintain an emergency response program (ERP) for emergency work that must proceed immediately to avoid property damage or result in a public health or safety hazard. The ERP shall address emergency situations including, but not limited to, the following items:

Irrigation line breaks
Equipment failures
Chemical spills

Additionally, the ERP shall address the following:
Responsible parties to be notified
Personnel, equipment, and emergency repair contractors on call and who will respond to each type of emergency
Procedures for notifying the Property Manager, District Manager, the Pier Park community, and other utility companies affected by the listed emergency
The contractor shall prepare, maintain, and distribute an ERP manual detailing the procedures and responsibilities for the situations listed above and any other situation deemed appropriate by the Property Manager.

The ERP manual shall be included in the operations section of the Administration, Operation, and Maintenance Program document (refer to Section 6 for further details).

END OF SCOPE OF SERVICES

Pier Park CDD ‐ General Areas	Instructions	
Contractor Name:		

Contractor Instructions:	
Contractors, input your data into the Yellow shaded cells Select which activities are in scope for your bid by selecting YES in column B. Enter in Column C the number of applications and/or hours you desire to contract for each activity.	

Property Instructions:		
Total Proprosal Cost	$	-	

LANDSCAPE SCOPE	Requesting Price from Contractor	Number of Applications or Hours	UOM	Per Application Rate	ANNUAL BID COST	
Mowing	Yes	33	Application(s)	$	‐	$	‐	
Edging	Yes	33	Application(s)	$	‐	$	‐	

Fertilization ‐ Turf	
Yes	
4	
Application(s)		
$	‐	

Fertilization ‐ Trees	
Yes	
4	
Application(s)	
$	‐	
$	‐	

Fertilization ‐ Shrub Beds and Planters	
Yes	
4	
Application(s)	
$	‐	
$	‐	
Weed Control (Chemical) ‐ Turf	Yes	12	Application(s)	$	‐	$	‐	

Weed Control (Chemical) ‐ Shrub Beds and Planters	
Yes	
12	
Application(s)	
$	‐	
$	‐	

Weed Control (Chemical) ‐ Parking Lot	
Yes	
12	
Application(s)	
$	‐	
$	‐	
Mulching ‐ Pine Straw and Brown Mulch	Yes	3	Application(s)	$	‐	$	‐	
Pruning ‐ Hard Pruning of all Shrubs and Crepe Myrtles ‐ Dec.‐Feb.	Yes	1	Application(s)	$	‐	$	‐	
Pruning ‐ Hedging Shrubs	Yes	4	Application(s)	$	‐	$	‐	
Pruning ‐ Trees ‐ Palm Trees	Yes	2	Application(s)	$	‐	$	‐	

General Clean Up, Power Blowing and Litter Pickup	

Yes	

31	

Monthly		

$	‐	
Insect Pest Control and Ant Killer	Yes	24	Application(s)	$	‐	$	‐	
Irrigation/Watering/Maintenance/Repairs	Yes	2	Monthly	$	‐	$	‐	
Soil Testing	Yes	1	Application(s)	$	‐	$	‐	
Plant Replacement/Management and Replacement of Annuals	Yes	3	Application(s)	$	‐	$	‐	
% Mark Up on Plant and Material Used						
	Total	$	-	

Additional work requiring labor will be charged at the following rates:	Requesting Price from Contractor	Number of Applications or Hours		Rate/Hour or Application	Total Cost	
1. Core aeration of turf areas:	Yes	1	Application(s)	0	$	-	
2. Tree spraying (Inchworm Insecticide):	Yes	4	Application(s)	0	$	-	
3. Tree spraying (Dormant Insecticide):	Yes	4	Application(s)	0	$	-	
4. Hourly Rate for Water Truck:	Not in Scope	0		0	$	-	
5. Manual Watering Labor (including hoses):	Yes	40	Monthly	0	$	-	
6. Installation of mulch for tree and shrub beds:	Yes	1	Application(s)	0	$	-	
		
	Total	$	-	

Pier Park CDD ‐ Aaron Bessant Park and Beach Front Improvements	Instructions	
Contractor Name:		

Contractor Instructions:	
Contractors, input your data into the Yellow shaded cells.	

Property Instructions:	Select which activities are in scope for your bid by selecting YES in column B. Enter in Column C the number of applications and or hours you desire to contract for  each activity.	
Total Proposal Cost	$	-	

LANDSCAPE SCOPE	Requesting Price from Contractor	Number of Applications or Hours	UOM	Per Application Rate	ANNUAL BID COST	
Mowing	Yes	33	Application(s)	$	‐	$	‐	
Edging	Yes	33	Application(s)	$	‐	$	‐	

Fertilization ‐ Turf	
Yes	
4	
Application(s)		
$	‐	

Fertilization ‐ Trees	
Yes	
4	
Application(s)	
$	‐	
$	‐	

Fertilization ‐ Shrub Beds and Planters	
Yes	
4	
Application(s)	
$	‐	
$	‐	
Weed Control (Chemical) ‐ Turf	Yes	12	Application(s)	$	‐	$	‐	

Weed Control (Chemical) ‐ Shrub Beds and Planters	
Yes	
12	
Application(s)	
$	‐	
$	‐	

Weed Control (Chemical) ‐ Parking Lot	
Yes	
12	
Application(s)	
$	‐	
$	‐	
Mulching ‐ Pine Straw and Brown Mulch	Yes	3	Application(s)	$	‐	$	‐	
Pruning ‐ Hard Pruning of all Shrubs and Crepe Myrtles ‐ Dec.‐Feb.	Yes	1	Application(s)	$	‐	$	‐	
Pruning ‐ Hedging Shrubs	Yes	4	Application(s)	$	‐	$	‐	
Pruning ‐ Trees ‐ Palm Trees	Yes	2	Application(s)	$	‐	$	‐	

General Clean Up, Power Blowing and Litter Pickup	

Yes	

31	

Monthly		

$	‐	
Insect Pest Control and Ant Killer	Yes	24	Application(s)	$	‐	$	‐	
Irrigation/Watering/Maintenance/Repairs	Yes	2	Monthly	$	‐	$	‐	
Soil Testing	Yes	1	Application(s)	$	‐	$	‐	
Plant Replacement/Management and Replacement of Annuals	Yes	3	Application(s)	$	‐	$	‐	
% Mark Up on Plant and Material Used						
	Total	$	-	

Additional work requiring labor will be charged at the following rates:	Requesting Price from Contractor	Number of Applications or Hours		Rate/Hour or Application	Total Cost	
1. Core aeration of turf areas:	Yes	1	Application(s)	0	$	-	
2. Tree spraying (Inchworm Insecticide):	Yes	4	Application(s)	0	$	-	
3. Tree spraying (Dormant Insecticide):	Yes	4	Application(s)	0	$	-	
4. Hourly Rate for Water Truck:	Not in Scope	0		0	$	-	
5. Manual Watering Labor (including hoses):	Yes	40	Monthly	0	$	-	
6. Installation of mulch for tree and shrub beds:	Yes	1	Application(s)	0	$	-	
		
	Total	$	-	

EXHIBIT C

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EXHIBIT C PAGE 1 OF 2

Pier Park

SIMON®

Panama City Beach, FL
CORP#  4764

This exhibit is provided for illustrative purposes only, and shall not bedeemed to be a WIU11Ulty, f'C{ITCSCnt.ation or agreement by Landlord that the Center, Common Area building. and/or stores will be as illustrated on this exhibit, or that any tenants which may be fcrenced on this exhibit will at any time be occupants of the Center. Landlord reserves the right to modify size, configuration and occupants of the Center at any time.

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Pier Park
600 Pier Park Drive

I	MON®

Modified:  January 02, 2013	An nua\ Cofor E:tds

Panana City Beach, FL 32413
CORP#  4764

 	EXHIBIT  C PAGE  2 OF 2	

COMPOSITE EXHIBIT D FORMS

WEEKLY WORK JOURNAL

(this form, or a similar form, must be filled out at the end of each weekly visit and turned in to the District Representative)

DATE: 	

DESCRIPTION OF WORK PERFORMED TODAY: 	

LOCATIONS: 	

ISSUES REQUIRING ATTENTION:  	
(Please notify District Rep. if any)

PEST MANAGEMENT REPORT

DATE: 	

SYMPTOMS:  	

LOCATION:  	

PROBABLE CAUSE OF DAMAGE:  	

ESTIMATED MATERIALS REQUIRED FOR TREATMENT:  	

CERTIFIED PESTICIDE APPLICATOR’S NAME:  	

REPRESENTATIVE NAME:  	

THE INVOICE FOR THIS WORK MUST MATCH THE DESCRIPTION OF THIS SERVICE REQUEST

IRRIGATION REPAIR REQUEST FORM

DATE: 	

DAMAGE: 	

LOCATION: 	

PROBABLE CAUSE OF DAMAGE: 	

ESTIMATED COST OF MATERIALS & LABOR REQUIRED FOR TREATMENT:  	

IRRIGATION TECHNICIAN’S NAME: 	

REPRESENTATIVE NAME: 	

THE INVOICE FOR THIS WORK MUST MATCH THE DESCRIPTION OF THIS SERVICE REQUEST

WORK AUTHORIZATION NO.  	

THIS WORK AUTHORIZATION (“Work Authorization”) is presented according to the requirements of that certain Landscape & Irrigation Maintenance Services Agreement (“Agreement”), and is made and entered into this         day of 	, 20 , by and between:

PIER PARK COMMUNITY DEVELOPMENT DISTRICT, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, being situated in Panama City Beach, Florida, and having offices at c/o Rizzetta & Company, Inc., 120 Richard Jackson Blvd., Suite 200, Panama City Beach, Florida 32314 (“District”); and

 	, a 	, with an address of 	(“Contractor”).

SECTION 1. SCOPE OF SERVICES. In addition to the Services described in the Agreement, any exhibits and amendments thereto, and any work authorizations authorized pursuant thereto, the Contractor shall provide the services set forth on the proposal attached hereto as Exhibit A and incorporated herein by reference (“Services”). The Agreement and this Work Authorization shall be controlling over any conflict between either document and the provisions of Exhibit A.

SECTION 2. COMPENSATION. Payment of compensation for the Services under this Work Authorization shall be based upon the Agreement and as set forth in Exhibit A.

SECTION 3. ACCEPTANCE. Acceptance of this Work Authorization will authorize the Contractor to complete the Services as specified in Exhibit A, and is indicated by the signature of the authorized representative of the District and the Contractor in the spaces provided below. Contractor shall perform the Services in accordance with the terms and conditions of the Agreement, which, except to the extent expressly altered or changed in this Work Authorization, remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Work Authorization to be executed the day and year first above written.

Attest:	PIER PARK COMMUNITY DEVELOPMENT DISTRICT

Assistant Secretary/Secretary	By: 	
Its: Chairman, Board of Supervisors

Print Name
[CONTRACTOR]

Witness	By:  	
Its:  	

Attachment A:	Proposal