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HomeMy WebLinkAboutNelson Outdoors, LLC - Landscape Maintenance Services Contract 2022 09 01 CITY OF WINTER SPRINGS LANDSCAPE MAINTENANCE SERVICES CONTRACT THIS LANDSCAPE MAINTENANCE SERVICES CONTRACT("Contract") is made this �- day ofSCp.).e w6r_r, 2022 ("Effective Date"), by and between the CITY OF WINTER SPRINGS,FLORIDA, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter Springs, Florida 32708 ("City")and NELSON OUTDOORS,LLC a Florida Limited Liability Company, whose principal address is 5403 Foliage Way,Apopka, FL 32712 ("Contractor"). WHEREAS, the City wishes to obtain Landscape Maintenance Services on an annual basis; and WHEREAS, Contractor is willing to provide Landscape Maintenance Services under the terms and conditions stated herein; and WHEREAS, the City and Contractor desire to set forth their mutual understanding of terms and conditions of their agreement as set forth herein; and IN CONSIDERATION of the mutual promises and understanding contained in this contract, The City and Contractor hereby agree as follows: l. DESCRIPTION OF SERVICES TO BE PROVIDED: In consideration of the compensation received under this contract,the Contractor will provide the landscape maintenance services for the following services areas(SA); SA-1 Cross Seminole Trail(within city limits). SA-2 Tuskawilla Lighting and Beautification District, Oak First Assessment District and Tuskawilla Road (South of State Road(SR)434). SA-3 Blumberg Boulevard,North Tuskawilla Road(North of SR 434) and Market Square. These service areas will be maintained as outlined in RFP 06-22 KM—Landscape Maintenance Services, incorporated herein by this reference, and as described in Appendix A—Landscape Maintenance Services Scope of Work. 2. PERIOD OF PERFORMANCE: The period of performance under this Contract shall be from September 1, 2022 through August 30, 2023, unless sooner terminated or extended as provided herein. a. The City reserves the right to extend this contract for one (1)year, or portions thereof. Such contract extensions shall be subject to mutual agreement and upon the same terms and conditions as stated herein, except that the Contractor may request a price adjustment no later than 60 days prior to the termination of the initial period of performance consistent with the latest yearly percentage increase in the All Urban Consumers Price Index(CPI-U) published by the Bureau of Labor Statistics, U.S. Department of Labor, (U.S. City Average; All items, not seasonally adjusted, 1982-1984=100 reference base), not to exceed three percent(3%), which shall be memorialized in writing and executed by both parties hereto. b. The Contractor shall respond in writing within fifteen(15)calendar days following receipt of the City request for extension. 3. COMPENSATION: a. Amount: In exchange for the services provided pursuant to Section I of this contract,the City shall pay the Contractor the yearly base maintenance amounts as followed: i. Service Area 1: Cross Seminole Trail(within city limits): Thirty-Six Thousand Dollars($36,000) City of Winter Springs Landscape Maintenance Services Contract 1 of 18 ii. Service Area 2: SA-2 Tuskawilla Lighting and Beautification District, Oak Forest Assessment District and Tuskawilla Road(South of State Road(SR)434): One Hundred and Twenty One Thousand, Two Hundred Dollars($121,200). iii. Service Area 3: Blumberg Boulevard,North Tuskawilla Road (North of SR 434) and Market Square: Forty-One Thousand, Seven Hundred Dollars ($41,700). iv. This will be the total compensation paid to the Contractor except for payments, if any made under subparagraphs 3.b. b. Additional Services: The City may request the Contractor to provide additional services pursuant to those listed in RFP 06-22 KM - Landscape Maintenance Services and as listed in Appendix B: Proposal Form: Proposed Cost. 4. PAYMENTS: Payments shall be made upon receipt of monthly invoices submitted by the Contractor. Full payment to the Contractor will be made only after work is satisfactorily performed. Payments will be considered timely if made by the City in accordance with the Local Government Prompt Payment Act. 5. RIGHTS AND OBLIGATIONS: All rights and obligations of the parties to this contract will be subject to and governed by the terms of this contract, RFP 06-22 KM—Landscape Maintenance Services, Appendix A: Landscape Maintenance and Services Scope of Work and Appendix B: Proposal Form: Proposed Cost as referenced and here by incorporated into this contract. a. In the event of an inconsistency in this contract, unless otherwise provided herein,the inconsistency shall be resolved by giving precedence in the following order: (a)terms of this contract); (b)Appendix A: Landscape Maintenance and Services Scope of Work; and(c) RFP 06-22 KM—Landscape Maintenance Services. 6. SCHEDULE: Contractor shall perform services in conformance with the schedule reasonably established by the City of Winter Springs Landscape Manager("City Project Manager")and set forth in RFP 06-22 KM Landscape Maintenance Service and as listed in Appendix A: Landscape Maintenance and Services Scope of Work. a. No extension for completion of services shall be granted to the Service Provider without City's prior written consent. 7. AUDIT AND INSPECTIONS: All Contractor records with respect to any matters covered by this Contract shall be made available to the City, at any time during normal business hours, as often as the City deems necessary,to audit, examine and make excepts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Contractor within seven (7) days after receipt by the Contract. Failure of the Contractor to comply with the above audit requirements will constitute a material breach of this Agreement and may result, at the sole discretion of the City, in the withholding of payment for services provided under this contract. 8. SUBMITTAL OF PROGRESS REPORTS: Contractor shall submit a monthly written progress report as to the status of all work set forth in this Contract. The report shall, in sufficient manner, demonstrate that any funds expended were used to provide the agreed-upon scope of work. If the detail is not sufficient the City Project Manager's reasonable discretion to permit the City to determine the work performed or the manner in which it is being performed the City may seek more detail from the Contractor. Progress reports shall be submitted with the invoice for monthly maintenance services. 9. PROGRESS MEETINGS: City Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the City, during the term of work entered into under this Contract. Contractor's Project Manager and all other appropriate personnel shall attend such meetings as designated by the City Project Manager. City of Winter Springs Landscape Maintenance Services Contract 2 of 18 a. The Contractor may be required to attend District Board or City Commission meetings held at the City of Winter Springs, City Hall Commission Chambers. 10. GENERAL TERMS AND CONDITIONS a. ADVANCE PAYMENTS PROHIBITED: No payment in advance or in anticipation of services to be provided under this contract shall be made by the City. b. ASSIGNMENT: The Contractor shall neither assign this Contract nor any claim arising under this contract without the previous written consent of the City. c. CHANGES AND MODIFICATIONS: Any change or modification to this contract must be in writing and signed by both parties. d. CONTRACTOR NOT EMPLOYEE OF THE CITY: The Contractor and his or her employees or agents performing under this contract are not employees or agents of the City/The Contractor will not hold himself/herself out as nor claim to be an officer or employee of the City by reason of this contract. e. FAILURE TO PERFORM/BREACH OF CONTRACT: In the event non- performance or unsatisfactory performance by the Contractor of any obligation of this Contract or the Contractor is in substantial non-compliance with any of its terms, the City may terminate this Contract under the TERMINATION FOR CAUSE clause. PROVIDED, that the City shall provide written notice to the Contractor of said non- performance or unsatisfactory performance or substantial non-compliance. PROVIDED FURTHER, the Contractor shall have five (5) days after such notice to cure said failure or non-compliance. f. GOVERNING LAW: This contract shall be construed and interpreted in accordance with the laws of the State of Florida. The venue of any action brought hereunder shall be in the Superior Court of the State of Florida for Seminole County. g. INDEMNIFICATION: The Contractor shall protect, indemnify, and save the City harmless from and against any damage, cost or liability including reasonable attorney fees, for injuries and persons or property arising from acts or omissions of Contractor, his employees, agents or subcontractors, howsoever caused. The Contractor will be responsible for any damages sustained by his employees to City equipment and/or fixtures and shall provide all repairs/replacements, as appropriate at no cost to the City. For purposes of this indemnification only, Contractor shall indemnify the City for claims made by the employees of Contractor, and Contractor hereby waives its entitlement, if any,to immunity under Section 440.11, Florida Statutes. This waiver has been specifically and mutually negotiated by the parties. h. INDEPENDENT STATUS OF CONTRACTOR: The parties to this contract, in the performance of it, will be acting in their individual capacities and not as agents, employees, partners,joint ventures, or associates of one another. The employees or agents of one party shall not be considered or construed to be the employees or agents of the other party for any purpose whatsoever. i. LICENSING,ACCREDITATION AND REGISTRATION: The Contractor shall comply with all applicable local, state and federal licensing, accreditation, and registration requirements/standards, necessary for the performance of this contract. j. NONDISCRIMINATION: During the performance of this contract,the Contractor shall comply with all federal and state nondiscrimination laws, regulations and policies in the administration of this contract. k. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS: In the event of the Contractors noncompliance or refusal to comply with any nondiscrimination law, City of Winter Springs Landscape Maintenance Services Contract 3 of 18 regulation or policy in the administration of this contract,this contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with the City. The Contractor shall,however be given a reasonable time in which to cure such noncompliance. 1. PUBLIC RECORDS: Pursuant to Section 119.0701, Florida Statutes and other applicable public records law, the Contractor agrees that any records, documents, transactions, writing, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writing or other material(s), regardless of the physical form, characteristics, or means of transmission, of the Contractor related directly or indirectly, to the services provided to the City under this Contract and made or received pursuant to law or ordinance or in connection with the transaction of official business by the City, may be deemed to be a public record,whether in the possession or control of the City or the Contractor. Said records,documents,transactions, writings, papers, letters, computerized information and programs, maps books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical forms, characteristics, or means of transmission of the Contractor are subject to provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's designated custodian of public records. 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 CUSTODIAN OF PUBLIC RECORDS, THE CITY CLERIC, AT CITYCLERKDEPARTMENT a,WINTERSPRINGSFL.ORG The Contractor is required to and agrees to comply with public records laws. The Contractor shall keep and maintain all public records required by the City to perform the services agreed to herein. The Contractor shall provide the City, upon request from the City Clerk, copies of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by law. The Contractor shall ensure that public records that are exempt or confidential and are exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contractor term. Upon completion of the Contract, the Contractor shall transfer to the City, at no cost, all public records in possession of the Contractor, provided the transfer is requested in writing by the City Clerk. Upon such transfer, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. However, if the City Clerk does not request that the public records be transferred,the Contractor shall continue to keep and maintain the public records upon completion of the Contract and shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City Clerk, in a format that is comparable with the information technology systems of the City. Should the City not possess public records relating to this Contract which are requested to be inspected or copied by the City or any other person,the City shall immediately notify the Contractor of the request and the Contractor shall then provide such records to the City or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with a public records request,the City may enforce this Section to the extent permitted by law. City of Winter Springs Landscape Maintenance Services Contract 4 of 18 The Contractor acknowledges that if the Contractor does not provide the public records to the City within a reasonable time, the Contractor may be subject to penalties under Section 119.10,Florida Statutes. The compel production of public records relating to this Contract,the court may assess and award against the Contractor the reasonable costs of enforcement, including reasonable attorney fees. All public records in connection with this Contract shall, at any and all reasonable time during the normal business hours of the Contractor, be open and freely exhibited to the City for the purpose of examination, audit or otherwise. Failure by the Contractor to grant such public access and company with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Contract by the City upon delivery of a written notice of cancellation. If the Contractor fails to comply with this Section, and the City must enforce this Section, or the City suffers a third party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to the Contractor's failure to company with this Section,the City shall collect from the Contractor prevailing party attorney's fees and costs and any damaged incurred by the City, for enforcing this Section against the Contractor. And, if applicable, the City shall also be entitled to reimbursement of all attorneys' fees and damages which the City had to pay a third party because of the Contractor's failure to comply with this Section. The terms and conditions set form in this Section shall survive the termination of this Contract. m. REGISTRATION WITH DEPARTMENT OF REVENUE: The Contractor shall complete registration with the State of Florida Department of Revenue and be responsible for payment of all taxes due on payments made under this contract. n. SAFEGUARDING OF INFORMATION: The use or disclosure by the Contractor of any information obtained as a result of performance under this contract concerning the City for any purpose not directly connected with the administration of the City or the Contractor's responsibilities with respect to services provided under this contract is prohibited except by written consent of the City. o. SEVERABILITY: If any provision of this contract or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect other provisions of this contract which can be given effect without the invalid provision, and to this end the provisions of this contract delated severable. p. SUBCONTRACTING: The Contractor shall not enter into subcontracts for any of the work contemplated under this contract without obtaining prior written approval from the City. q. TERMINATION—GENERAL: This contract may be terminated without cause by either the City or the Contractor upon thirty(30) days written notice. r. TERMINATION—FOR CAUSE: The City may, by written notice, terminate this contract for cause, in whole or in part, for failure of the Contractor to perform its obligations under this contract, subject to the provisions above. In such event,the Contractor shall be liable for damages as authorized by law. s. TERMINATION PROCEDURE: After receipt of notice of termination, and except as otherwise directed by the City,the Contractor shall: i. Stop work under this contract on the date and to the extent specified in the notice. ii. Place no further order for materials, services or facilities except as may be necessary for completion of such portion of this contract as is not terminated City of Winter Springs Landscape Maintenance Services Contract 5 of 18 iii. Complete performance of any party of this contract as shall not have been terminated by the City. iv. Take action as may be necessary, or as the City may direct, for the protection and preservation of property of the City which is in the possession of the Contractor. Unless otherwise provided in this contract,the City shall pay to the Contractor the agreed upon price for services provided to the City prior to the effective date of termination, unless the termination is for cause, in which case the City shall determine the extent of liability. The City may withhold from any amounts due the Contractor for services such a sum as the City determines to be necessary to protect the City against potential loss or liability or for lack of performance. The rights and remedies of the City provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. t. TREATMENT OF ASSETS: i. Title to all property furnished by the City shall remain in the City. ii. Title to all property furnished by the Contractor shall remain in the Contractor. iii. Any property of the City furnished to the Contractor shall, unless otherwise provided herein, be used only for the performance of this Contract during the period the Contract is in force. iv. The Contractor shall be responsible for any loss or damage to property of the City (including all related expenses)which results from negligence of the Contractor. v. Upon the loss of destruction of, or damage to, any City property the Contractor shall notify the City thereof and shall take reasonable steps to protect the property from further damage. vi. The Contractor shall surrender to the City all property of the City prior to settlement upon completion, termination or cancellation of this contract. u. WAIVER: Waiver of any breach of any provision of this contract shall not be considered a waiver of any other subsequent breach and shall not be construed to be modification of the terms of the contract unless stated to be such in writing, signed by the Contracting Officer or her delegate and attached to the original contract. v. E-VERIFY: Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, Contractor shall register with and use the U.S. Department of Homeland Security's E- Verify system, https:He-verify.useis.gov/emp,to verify the work authorization status of all employees hired on and after January 1, 2021. B. Subcontractors 0) Contractor shall also require all subcontractors performing work under this Agreement to use the E-Verify system for any employees they may hire during the term of this Agreement. (ii) Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. (iii) Contractor shall provide a copy of all subcontractor affidavits to the City upon receipt and shall maintain a copy for the duration of the Agreement. City of Winter Springs Landscape Maintenance Services Contract 6 of 18 C. Contractor must provide evidence of compliance with section 448.095,Florida Statutes. Evidence shall consist of an affidavit from the Contractor stating all employees hired on and after January 1,2021 have had their work authorization status verified through the E-Verify system and a copy of their proof of registration in the E-Verify system. D. Failure to comply with this provision is a material breach of the Agreement,and shall result in the immediate termination of the Agreement without penalty to the City. Contractor shall be liable for all costs incurred by the City securing a replacement Agreement, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable. w. SOVEREIGN IMMUNITY: Notwithstanding any other provision set forth in this Agreement to the contrary,the City intends to avail itself of the benefits of Section 768.28, Florida Statutes and any other statutes and common law governing sovereign immunity to the fullest extent possible. Neither this provision nor any other provision of this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28,Florida Statutes,or other limitations imposed on the City's potential liability under state or federal law. Contractor agrees that City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, City shall not be liable for any claim or judgment, or portion thereof, to any one person for over two hundred thousand dollars($200,000.00), or any claim or judgment, or portion thereof,which,when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds three hundred thousand dollars($300,000.00). Nothing in this Agreement is intended to 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. This paragraph shall survive termination of this Agreement. x. INSURANCE: Contractor shall carry the insurance required in RFP 06-22 KM— Landscape Maintenance Services. AGREED: THE CITY OF WINTER SPRINGS Nelson Outdoors, LLC 0 Shawn Boy-re, Ci anager J ssica elson Print Title: ASS►CCU ��15 Dr1 1 �`C ('� I � lq • acaa Date: Date: City of Winter Springs Landscape Maintenance Services Contract 7 of 18 Exhibit A: RFP 06-22 KM Landscape Maintenance Services—Scope of Work 1. Definitions The definitions below describe the City's expectation for maintenance. These definitions are applicable to all service areas; unless the service area description states otherwise. Unless otherwise noted; costs for all services listed shall be considered part of the monthly maintenance and shall be included in the cost for monthly maintenance at each site. A. Mowing/Turf Care i. Mowing of all grassed areas shall be no less than once every seven (7) days in the heavy growing season and shall be no less than bi-weekly, or as instructed by the City's Representative, during the dormant growing season. Growing seasons are dictated by the weather and therefore may change per the City's Representative, but otherwise shall be: i. Heavy Growing Season - March 15 through October 15 ii. Dormant Growing Season - October 16 through March 14 ii. Prior to mowing and trimming any turf and bed areas; paper, bottles, cans and all other debris (as well as misplaced dirt or sand) must be removed from areas immediately bordering site (ex: sidewalks and curb lines) and actual site locations. Areas are to look clean and neat and free of debris at all times. iii. At no time shall more than one-third (1/3) of the leaf surface be removed in one mowing in any turf area unless specifically authorized in writing by the City of Winter Springs. iv. Turf care activities shall be scheduled during the normal work week(M-F 7:30am to Dusk unless directed otherwise)as a general rule and to allow for access to water plant facilities. Should field conditions occur that require a modification to the normal service schedule, Contractor must give the City 24 hours' notice and receive approval prior to a service schedule modification. B. Specific Turf Care i. St. Augustine i. Shall be in accordance with the University of Florida Cooperative Extension Services Calendar for St. Augustine sod care, culture, and good horticultural practice as shown in Publication ENH 5. St. Augustine grassed areas will be mowed to a height of 4.5" inches on average, depending upon established grass needs, by finish mower or a groom mower. ii. Bahia Grass i. Shall be in accordance with the University of Florida Cooperative Extension Services Calendar for Bahia Grass sod care,culture,and good horticultural practice as shown in Publication ENH 6. Bahia grassed areas will be mowed to a height of 3" inches on average, depending upon established grass needs, by finish mower or C a groom mower. C. Cutting of Native Grasses i. Contractor is to cut Native Grasses to no more than 50% of their length. ii. Contractor is to cut native grasses in late winter to early spring;just prior to new shoot growth. City of Winter Springs Landscape Maintenance Services Contract 8 of 18 D. Remove Grass Clippings and debris i. All debris(grass clippings)created by the mowing process is to be removed by mechanical means from all adjacent and contiguous surfaces following all landscaping activities. ii. Any clipping, trimming debris will be removed from site as work is completed, or at the end of each day that work is performed. Lawn clippings may be left on the turf areas so long as no readily visible clumps remain on the grass surface after mowing. Otherwise large clumps of clippings will be collected and disposed of by Contractor. In case of fungal disease outbreaks, all clipping will be collected and properly disposed of until disease is undetectable. No debris bags shall be left on site more than 6 hours. E. Pruning/Trimming Shrubs, hedges, and ornamentals i. Pruning of plants shall be performed as directed to remove dead wood harboring insects and disease and to promote maximum health and growth. The finding of insects or disease shall be reported immediately to the City so as to limit losses. Aesthetic pruning shall consist of removal of dead or broken branches. Pruning shall be performed to balance infiltration light to enhance new growth. ii. Selective pruning shall be performed as directed to remove dead wood or moss.Trees shall be trimmed to maintain the required Department of Transportation clearance of 14' over the roadway. Suckers at the base of trees and branches hanging low into the median so as to impede a lawn mower shall be removed as regular maintenance; buck horning is not permitted unless requested by the City. iii. Ligustrums and shrubbery shall not accumulate more than 2" of growth before being trimmed. iv. All plants shall be maintained to a well-shaped appearance according to each species' natural growth habit unless requested otherwise by the owner's representative. Flowering shrubs shall be pruned in the proper season to allow full flowering potential for the following flower season. Grouped plantings shall be allowed to form masses appropriate to the species. V. Small leafed shrubs,such as Pittosporum,Azaleas and Indian hawthorn,etc.,are to be kept trimmed in a tight,neat appearance,with removal of partial new growth after no more than four inches of new growth appears. vi. Larger leafed shrubs, such as viburnum, may attain new growth reaching from 2" to 4" before removal. At no times are shrubs to display a disorderly appearance. vii. Ornamentals, such as crinum lilies, are to be trimmed aggressively during the rainy season to be kept neat and fungus free. This may be as frequent as every other week. viii. Sago palms are to be trimmed a minimum of three times a year,or more often, as directed, depending on growth and health.Azaleas are to be trimmed at regular intervals as described above with the exception of the months of October thru March when no trimming should be done to achieve maximum flowering. ix. Wax myrtles are to be trimmed aggressively in order to maintain a neat, compact habitat. X. At no time is an herbicide to be used to rid plants of sucker growth. Instead, hand pulling or aggressive trimming routine is to be established. xi. All ornamentals that produce any dead fronds (i.e., coontie, sage, aztec grass, holly fem, etc.) are to be systematically checked and cleaned with special attention to early spring cleanup. City of Winter Springs Landscape Maintenance Services Contract 9 of 18 xii. Dead plant material shall be removed by the Contractor immediately during the normal service visit and a report filed with the City detailing the location of removal and species removed. F. Weedeater Trimming i. Areas inaccessible to mowing equipment shall be kept neat and trimmed as directed. Trimming of grass and weeds around any fixed objects (walls, light posts, light fixtures, equipment boxes, pond structures, sign posts and trees) will be done through chemical control within a limit of six inches(6") maximum or trimmer so as not to inflict damage of any kind to structure, equipment or tree. G. Mulching- This should not be included in base maintenance price; costs for these services are established on the proposal form for each service area. i. Mulching is to be performed between November 1 and December 25 each year to keep planted areas neat and freshly maintained. Mulch depth to be a minimum total depth of three (3) inches and placed, not dumped, as well as kept from around the immediate base of shrubs. Mulch type to be chosen by the City. ii. Beds should be cleared of leaves and other debris prior to adding new mulch. The intent of doing this will be to prevent unnecessary height growth of the beds. H. Edging i. Edging of all walks, curbs, edging of pavements, and grass invasion shall be done weekly during the heavy growing season and bi-weekly for the remainder of the year. ii. All grass and dirt to be blown off onto grass areas only.No debris shall be blown onto hard surfaces or into shrub or flower beds. iii. Schedule for edging of soft surfaces such as turf, bed borders, and ground cover shall be performed bi-weekly or more as directed. I. Weeding i. Weeding of all plant bed areas is to be as often as necessary to conform to the shrub trimming schedule,to control weed population and maintain healthy plants. ii. Remove weeds, vines and "voluntary" seedlings from planting beds. Weed control in landscaped areas will be accomplished by hand weeding and/or application of round-up and a pre-emergent herbicide if needed. iii. All weeds in sidewalks or pavement areas (including curbing) shall be chemically controlled or removed by hand. iv. The sod-free rings around trees are to be kept in weed-free condition, and shall be maintained at a diameter determined by the City. V. All mulch areas or plant beds shall be continuously maintained free of weeds or grasses. vi. All turf areas shall be maintained in a weed free condition. Any area that becomes infested with weeds or other undesirable grasses must be treated and or replaced at the cost of the Contractor. J. Pruning/Tree Trimming(less than 13') i. All trees are to be trimmed as often as necessary to meet public safety requirements and comply with ISA and ANSI Industry Standards for tree care.Trimming of established trees shall be to a minimum of eight(8)foot and a maximum of thirteen(13)foot under canopy and pruned just outside the branch collar by the Service Provider. City of Winter Springs Landscape Maintenance Services Contract 10 of 18 ii. Any trees greater than 13' should not be included in base maintenance price;costs for these services are established on the proposal form for each service area. iii. New or young trees are to be pruned with an ideal under canopy of six (6) feet or to a suitable and healthy height for each tree. iv. Approved traffic (M.U.T.C.D.) warning devices shall be used when necessary to provide safety to persons and vehicular traffic within any areas undergoing pruning. Work will be scheduled after consulting with the City. V. Dead palm fronds shall be removed as they occur from all palms. Seeds pods shall be removed on an as directed basis from all palms. Trimming of palm fronds shall be conducted with a hand saw.Only dead fronds shall be removed.Palms shall not be trimmed above 9 o'clock and 3 o'clock. vi. Remove Spanish Moss i. Remove all low hanging Spanish Moss in ornamental trees and shrubs. ii. Spanish Moss that is 8' or lower on any tree or ornamental shall be removed when other scheduled tasks are completed at the same frequency. K. Annuals and/or Plant Replacements-This should not be included in base maintenance price; costs for these services are established on the proposal form for each service area. i. The Contractor shall be responsible for replacing any plant materials that die or become damaged to the point that the plant grade is less than Florida Number 1 as a result of neglect or damage caused by the maintenance operation. ii. Replacement material shall be identical to plant species, quality and specifications of the materials at the time the loss occurs. L. Insect and Disease Control This should not be included in base maintenance price; costs for these services are established on the proposal form for each service area. i. The Contractor shall establish, in conjunction with the City, a preventive program to insure proper care of turf and ornamentals. ii. The Contractor warrants turf against infestation and disease and will replace same if deemed to be below accepted industry standards (IFAS) by the City. iii. Application times for herbicide and pesticide applications shall be completed by licensed, trained individuals. iv. Plants will be treated chemically as required to effectively control insect infestation and disease as environmental, horticultural and weather conditions permit. The Contractor is responsible for any damaged areas due to disease or insect infestation. M. Chemical Maintenance-Fertilizer and Herbicide This should not be included in base maintenance price; costs for these services are established on the proposal form for each service area. i. Fertilization and insecticide treatments shall be provided as directed to maintain the health and appearance of all turf and plant material. ii. Soil amendments,fertilizer,nutrients,pesticides,fungicides, pre-emergent, post emergent, and any other chemicals deemed proper, beneficial or required to maintain the turf and plant material by the Contractor shall be included in the chemical program monthly maintenance fee. iii. Monthly reports may be requested by the City. The reports should outline all treatment provided for the month and any deficits observed. City of Winter Springs Landscape Maintenance Services Contract 11 of 18 iv. Timely and prompt treatment is to be performed on all areas detected with problems and areas at risk. A 7-10-day follow-up appointment is to be set with the City to ensure eradication of disease or pest problems. Subsequent visits, if necessary, are to be scheduled until the problems no longer exist. N. Irrigation Inspection and Repair-This should not be included in base maintenance price; costs for these services are established on the proposal form for each service area. i. Complete irrigation inspections shall be performed one (1)time per month at minimum. ii. Details of the inspection shall be recorded on a log sheet(to be submitted with the monthly billing) and consist of the following: i. Turning on each zone and inspecting each head for the proper coverage, including straightening,adjusting the output of water,adjusting spray pattern and unclogging any heads. ii. Repairing broken heads and lateral lines, as necessary. iii. Checking the irrigation controller(s) for proper operation and programming. If there are battery controllers on the site, check each for battery life and replace at 75% depletion. iv. Checking all zone valves for proper open and closure, making sure to inspect for leaking from the mainline. v. Checking water source for leaking and visual inspection of backflow device, if present. vi. Visually inspect turf,planters and trees in irrigated areas for signs of drought stress and effect adjustments and/or repairs to remedy the issue. vii. The Contractor shall submit a detailed report,at the time of billing of each monthly service,consisting of the clock and location,each zone by number,and any repairs or work performed during that service. All parts used will be itemized on the bill with a maximum of$ 50.00 billed for repairs without VERBAL approval during the regular monthly scheduled maintenance visit. viii. If there is an additional cost for repairs beyond the maximum of$50.00, the City must be given a verbal report of the repair and costs involved before the work is to be performed. No payment will be made for heads or parts damaged by the Contractor. ix. Contractor is to immediately prepare an estimate to repair or replace damaged parts on the property within the areas specified in this agreement to meet original specifications with commercial quality irrigation parts. All work performed by Contractor to meet industry standards.All damaged irrigation heads shall be turned in each month along with the monthly billing in order to qualify for payment. x. Labor cost for these services is established on the proposal form for each project. Material costs shall be paid on the basis of approved wholesale documented cost plus 15%for overhead and profit. xi. Contractor is to immediately notify the City if a mainline leak is noticed. Should the Contractor need to shut down the mainline for any reason, the City must be contacted at: (407) 327-5962. City of Winter Springs Landscape Maintenance Services Contract 12 of 18 iii. Other Scope as specifically directed by City- This should not be included in base maintenance price; costs for these services are established on the proposal form for each service area. i. Service Provider is to prepare proposal for additional work as it is requested by the City prior to commencing with additional work. Prior written approval is required for all additional scope not listed on this document. 2. Expectations The work to be performed under this Contract consists of landscape maintenance services for the City of Winter Springs Municipal Facilities. Perform all work in accordance with the Contract Documents. Furnish all materials, equipment, tools, and labor which are reasonably and properly inferable and necessary for the proper completion of the work,whether specifically indicated in the Contract Documents or not. Cost for all services listed shall be considered part of the monthly maintenance and shall be included in the cost for monthly maintenance at each site. A. The Contractors shall be obligated at its expense, immediately or promptly to repair to the City's Representative's satisfaction, any damage to exterior plantings,or irrigation systems or any other property within the areas specified in this agreement. In the event the contractor has not repaired any such damage within reasonable time, as determined by the City's Representative,the City may repair such damage and deduct such cost from the next payment due to the Contractor.The Contractor shall be liable to the City for any such cost in excess of the amount deducted by the City. B. The Contractor shall be obligated to immediately notify the City Representative verbally and follow in writing within twenty-four (24) hours after the event of any damage which the Contractor discovers, or should have discovered in the exercise of reasonable care, whether or not such damage was caused by the Contractor. C. Prior to the commencement of work on this contract, an authorized representative of the Contractor and the Designated Representative of the City may perform a video condition survey of all exterior plantings at each of the designated areas of the City covered by this Agreement. The Contractor and the City shall jointly prepare and sign a written report D. the condition survey which shall describe the condition and location of all unhealthy plants 3. Scope of Service a. Service Area 41 —Cross Seminole Trail and Bridges i. Locations and property description 1. S.R. 434 Bridge i. S.R. 434 Cross Seminole Trail Overpass, located just east of Tuskawilla Road.No work is performed on the actual bridge itself. Beds under and around bridge are included in this section. Service areas have irrigation with timer being located on the South West side of S.R. 434 by the power boxes. 2. Cross Seminole Trail i. Just south(approximately 30') of the south entrance onto the S.R. 434 Cross Seminole Trail Overpass Bridge, heading North and West along the trail to the Layer Elementary School entrance road (current end of the trail). Maintain each side of trail to project boundaries which is usually 2 to 8 passes with a City of Winter Springs Landscape Maintenance Services Contract 13 of 18 50"mower deck, but this varies in many areas and steps must be taken to groom all affected areas. Includes small medians at each Trail Head entrance. 3. Cross Seminole Trail (Creek) Bridge i. Located between the Seminole County Bus Yard(Consolidated Services Compound) and Layer Elementary School. Keep vines from growing overhand railings and onto the bridge. Trim any/all overhanging tree limbs and foliage. 4. Required Services i. For the Cross Seminole Trail (location b) i. The below services are required weekly through the growing season(3/15-10/15) and bi-weekly through the dormant season(10/16-3/14) ii. Mow, Blow,Trim Hedges, Weedeater, Mulch(Semi- Annually), Edge, Weeding Beds, Prune Trees, Remove Spanish Moss,Trash Removal,Fertilization(As directed),Annual Flower Rotation (As Requested), Insect and Disease Control (As required), Irrigation Inspection, and Irrigation Repair(monthly/as required) and other services as requested. 5. All other locations in this service area(locations a and c) i. The below services are required weekly through the growing season(3/15-10/15) and bi-weekly through the dormant season(10/16-3/14) ii. Mow, Edge, Trim Hedges, Weedeater, Edge, Trim Trees, Remove Spanish Moss, Trash Removal, and other services as requested. b. Service Area#2—Tuskawilla Road,Tuskawilla Lighting and Beautification District and Oak Forest Assessment District i. Locations and property description 1. Tuskawilla Rd. Rights of Way(R.O.W.) i. East-Tuskawilla Rd. from S.R. 434 south to Lord of Life Church, from south wall at Trotwood Blvd. to and including power easement as well as the right of way in front of the Arbor Glen subdivision. West-Tuskawilla Rd. south to Tuskawilla Trail (Including Berm just south of the Church of the New Covenant). 2. Tuskawilla Rd. Medians i. Medians on Tuskawilla Rd. from S.R. 434 south to end of median cut at the Church of the New Covenant(800 Tuskawilla Rd.)Irrigation on the center medians is operated by multiple TBOS battery controllers. 3. Tuskawilla Lighting and Beautification District(TLBD) i. Just south (approximately 30') of the south entrance onto the S.R. 434 Cross Seminole Trail Overpass Bridge, heading North and West along the trail to the Layer Elementary School entrance road (current end of the trail). Maintain each side of City of Winter Springs Landscape Maintenance Services Contract 14 of 18 trail to project boundaries which is usually 2 to 8 passes with a 50" mower deck, but this varies in many areas and steps must be taken to groom all affected areas. Includes small medians at each Trail Head entrance. 4. Oak Forest Entrances i. Forest Creek Dr.—50' north and south of the sign wall on the west side of Tuskawilla Rd. and north and south sides of Forest Creek Dr. to Benchwood Ct. and Benchwood Dr. ii. Trotwood Blvd. —50' north and south of the sign wall on the west side of Tuskawilla Rd. and north and south sides of Trotwood Blvd. to N. Endeavor Dr. and S. Endeavor Dr. including center median. iii. Winter Springs Blvd. —50' north and south of the sign wall on the west side of Winter Springs Blvd. (south side to end of sign wall at 1067 Winter Springs Blvd., north side to 1054 Winter Springs Blvd. including inaccessible area at perimeter of pond) and(2)center medians. hrrigation on the center medians is operated by multiple TBOS battery controllers. iv. Oak Forest Dr. —50' north and south of the sign wall on the west side of Tuskawilla Rd. and north and south sides of Oak Forest Dr. to Cherokee Ct. and Cherokee Dr. 5. Oak Forest Wall i. The entire length of the Oak Forest wall alongside Tuskawilla Rd., directly along the wall where plants, shrubs, and vines are planted. Wall boundaries are from the Tuskawilla Office Park to New Covenant Church, not including the section of wall owned and maintained by Grande Reserve. Backside of wall not included. (Irrigation—spray heads are along entire length of the wall and bubbler heads on Oak Trees located between Trotwood and Tuskawilla Office Park, all included. Timers are located at entrances to Oak Forest at Winter Springs Blvd. and Trotwood Blvd. entrances. All four(4) entrances have irrigation on these timers.) 6. Required Services i. For the Tuskawilla Rd. ROWs (location a) i. The below services are required weekly through the growing season (4/01-12/01) and bi-weekly through the dormant season(12/02-3/31) ii. Mow, Weedeater Trimming, Edge Grass, Trim Trees, Remove Spanish Moss, Trash Removal and other services as requested. ii. All other locations in this service area i. The below services are required weekly through the growing season (4/01-12/0 1) and bi-weekly through the dormant season (12/02-3/31) ii. Mow, Blow, Trim Hedges, Weedeater Trimming, Mulch (Semi-Annually), Edge Grass, Weeding Beds, City of Winter Springs Landscape Maintenance Services Contract 15 of 18 Trim Trees, Remove Spanish Moss, Trash Removal, Fertilization (As Required/Annually), Insect and Disease Control (As Required), Irrigation Inspection and Repair(Monthly/As Required)and other services as requested. c. Service Area#3 —Blumberg Boulevard,North Tuskawilla Road(North of SR 434, and Market Square i. Locations and property description 1. Blumberg Blvd. (Center Median Gardens and Monuments) i. Just south (approximately 30') of the south entrance onto the S.R. 434 Cross Seminole Trail Overpass Bridge, heading North and West along the trail to the Layer Elementary School entrance road(current end of the trail). Maintain each side of trail to project boundaries which is usually 2 to 8 passes with a 50"mower deck, but this varies in many areas and steps must be taken to groom all affected areas. Includes small medians at each Trail Head entrance. 2. N. Tuskawilla Rd. (S.R. 434 to 100' North of Blumberg Blvd.) i. S.R. 434 Cross Seminole Trail Overpass, located just east of Tuskawilla Road.No work is performed on the actual bridge itself. Beds under and around bridge are included in this section. Service areas have irrigation with timer being located on the South West side of S.R. 434 by the power boxes. 3. Market Square i. Located at the Northwest corner of S.R. 434 and N. Tuskawilla Rd., Market Square consists of the property in and around the fountain and hardscape areas immediately adjacent to the face of the building/business entrances in the Winter Springs Town Center. 4. Required Services i. All locations in the service area i. Mow, Blow,Trim Hedges, Weedeater, Mulch (Semi- Annually), Edge, Weeding Beds, Prune Trees, Remove Spanish Moss,Trash Removal, Fertilization(As directed), Annual Flower Rotation (As Requested), Insect and Disease Control (As Required), Irrigation Inspection and Repair(Monthly/As Required) and other additional services as requested City of Winter Springs Landscape Maintenance Services Contract 16 of 18 Exhibit B: RFP 06-22 K1VI Landscape Maintenance Services—Proposal Form—Proposed Cost Proposal Form Landscaping Maintenance Services RFP#:06-22 KM Respondent Name(Company): Nelson Outdoors LLC Name and Title of Person Completing Form: Jessica Nelson- Vice President PROPOSED COST Item Service Service Service Area I Area 2 Area 3 Base Maintenance $ 36,000.00 $ 10,100.00 $ 41,700.00 Palm Trimming Greater than IY OA(per tree) $ 45.00 $ 45.00 $ 45.00 Crepe Trinuning Greater than 13'OA(per tree) $ 100.00 $ 100.00 $ 100.00 Irrigation Inspections $ 325.00 $ 1,200.00 $ 325.00 Mulch-Supplied and Installed(per cubic yard) $ 52.00 $ 52.00 $ 52.00 Fertilizer(per application) $ 695.00 $ 1,300.00 $ 695.00 Integrated Pest Management(per application) $695,00% $1,200.00°�o $695.00 % 14,46.91 / PROPOSAL TOTAL $39,049.36 $MONTH $44,920.36 PLANT TREE AND GROUND COVER INSTALLATION Not to be included as part of proposal review criteria. Price to include all components of installation including staking,watering in,and one-year warranty. Annuals(Cost plus%) Service Area I Service Area 2 Service Area 3 $2.25 $2,25 $2.25 Ground cover(Cost plus'%) $6.00 (Y0 $6.00 "/o $6.00 % Shrubs(Cost plus%) $14.00 OX) $14.00 % $14.00 Palms(Cost plus%) 100 % too % 100 % Canopy trees(Cost plus%) 100 % 100 `Y0 100 % Understory trees(Cost plus%) 100 'Y0 100 % 100% Sod(Cost plus%) 25 % 28 % 25 % City of Winter Springs Landscape Maintenance Services Contract 17 of 18 Proposal Form Landscaping Maintenance Services RFP#: 06-22 KM TREE REMOVAL AND STUMP GRINDING Not to be included as part of the proposal review criteria. Price to include back fill/sod if needed. Service Area 1 Service Area 2 Service Area 3 Tree removal 6" $ 600.00 $ 600.00 $ 600.00 Tree removal 12" $ 1,000.00 $ 1,000.00 $ 1,000.00 Tree removal 18" $ 1,400.00 $ 1,400.00 $ 1,400.00 Tree removal 24" $ 2,000.00 $ 2,000.00 $ 2,000.00 Tree removal 36" $ 2,500.00 $ 2,500.00 $ 2,500.00 IRRIGATION REPAIR Not to be included as part of proposal review criteria unless otherwise noted. Service Area 1 Service Area 2 Service Area 3 Wholesale price of materials plus 20 % 20 % 20 % proposed percentage Irrigation Technician Hourly $ 55.00 $ 55.00 $ 55.00 Rate Signature f erson cornLetingrm: City of Winter Springs Landscape Maintenance Services Contract 18 of 18