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HomeMy WebLinkAboutNatures Care Landscape Maint. Service Contract 2024 01 06CITY OF WINTER SPRINGS LANDSCAPE MAINTENANCE SERVICES CONTRACT THIS LANDSCAPE MAINTENANCE SERVICES CONTRACT ("Contract" or "Agreement") is made this �_ day of , 2024 ("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 Nature's Care Orlando, LLC, a Florida Limited Liability Company, whose principal address is 747 Commerce Blvd. A, Longwood, FL 32750 ("Contractor"). WHEREAS, the City wishes to obtain landscape maintenance services on a continuing basis; WHEREAS, Contractor participated in the selection and negotiation process for landscape maintenance services ("RFP 09-23-04 LH"); 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. IN CONSIDERATION of the mutual promises and understanding contained in this Contract, the City and Contractor hereby agree as follows: 1. GENERAL PROVISIONS: a. Recitals. The foregoing recitals are deemed to be true and accurate and are fully incorporated herein by reference. b. Engagement. The City hereby engages Contractor and Contractor agrees to perform the Services outlined in this Agreement for the stated fee arrangement. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. c. Due Diligence. Contractor acknowledges that it has investigated prior to the execution of this Agreement and satisfied itself as to the conditions affecting the Services, the availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance as set forth herein, and the steps necessary to complete the Services within the time set forth herein. Contractor warrants unto the City that it has the competence and abilities to carefully and faithfully complete the Services within the time set forth herein. Contractor will perform its Services with due and reasonable diligence consistent with sound professional practices. 2. DESCRIPTION OF SERVICES TO BE PROVIDED: a. The following service areas (collectively "Service Areas"), as further described in Exhibit "A," attached hereto and fully incorporated herein by this reference, are hereby established: i. Service Area 1: Cross Seminole Trail and Bridges (within city limits) ("Service Area 1"). City of Winter Springs Landscape Maintenance Services Contract 1 of 25 ii. Service Area 2: Tuskawilla Lighting and Beautification District, Oalc Forest Assessment District locations and Tuskawilla Road (South of State Road (SR) 434) ("Service Area 2"). iii. Setvice Area 3: Blumberg Boulevard, North Tuskawilla Road (North of SR 434) and Market Square ("Setvice Area 3"). b. The Contractor shall do, perform, deliver and carry out, in a professional manner, the type of landscape maintenance services as set forth in the "Scope of Worlc," attached hereto as Exhibit "A," including but not limited to the fiunishing of all materials, equipment, tools, labor, and incidentals, unless otherwise expressly agreed to by the City. c. Prior to the commencement of Services provided in accordance with this Agreement, the Contractor and the City of Winter Springs Landscape Manager ("City Project Manager") may perform a video or photo survey of the conditions of all exterior conditions at each of the designated areas covered by this Agreement. The Contractor and the City Project Manager shall jointly prepare and sign a written report of the survey which shall describe the condition and location of all unhealthy plants. d. The Contractor shall immediately notify the City Project Manager verbally, and follow in writing within twenty-four (24) hours, of any damage which the Contractor discovers, whether or not such damage was caused by the Contractor. e. The Contractor shall be obligated to immediately or promptly repair, in accordance with Exhibit "A", to the City's satisfaction, any damage to exterior plantings, irrigation systems, or any other property within the areas specified in this Agreement. In the event the Contractor has not repaired any such damages within a reasonable time, as determined by the City, 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 costs in excess of the amount deducted by the City. f. During the 30-day period preceding the expiration of the term of this Agreement, or, in the event of an earlier termination, during the 30-day period following the date of termination, the Contractor and the City Project Manager may perfar-m a video or photo survey of the final conditions of all exterior conditions at each of the designated areas covered by this Agreement. Said survey shall establish a punch list of plantings and materials that do not meet the specifications and standards found acceptable to the City and that must be replaced by the Contractor. If the plantings and materials so identified are not replaced by the Contractor, the cost of replacement shall be withheld from the City's final payment to the Contractor. 3. PERIOD OF PERFORMANCE: The initial term of this Contract shall be from January 1, 2024 through December 31, 2026, unless sooner terminated or extended as provided herein. a. The parties shall have the option to extend the tezm of this Contract for two (2) extension periods of one (1) year, or portions thereof. Such contract extensions shall City of Winter Springs Landscape Maintenance Services Contract 2 of 25 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. Said increase shall become effective beginning with the invoice for work performed after the start of the new Agreement period. b. The Contractor shall respond in writing within fifteen (I S) calendar days following receipt of the City request for extension. 4. METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF CONTRACTOR: a. Compensation for Base Maintenance Services. In exchange for the services provided pursuant to Section 2 of this Contract and identified in the Scope of Work (Exhibit "A" attached hereto) as "required services" for the respective Service Areas, the City shall pay the Contractor the yearly base maintenance amounts as follows: i. Service Area 1: Forty -Six Thousand Six -Hundred and Eight -Four Dollars and 00/100 ($46,684.00). ii. Service Area 2: One Hundred and Twenty -Eight Thousand, Five Hundred Dollars ($128,528.00). iii. Service Area 3: Fifty -Two Thousand, Five Hundred and Fifty -Two Dollars and 00/100 ($52,552.00). This will be the total compensation paid to the Contractor except for payments, if any made under subparagraphs 4.b. or 4. c. b. Compensation for Identified Services outside of the Base Maintenance Services. For Services identified by the Scope of Worlc to be outside of the monthly Base Maintenance Services (see Exhibit "A"), Contractor shall be compensated as provided for by the Contractor's Cost Proposal Worlcsheet, attached hereto as Exhibit "B" and incorporated herein by this reference. c. Compensation for Additional Services. From time to time during the tei7n of this Agreement, City may request that Contractor perform additional services related to but not specifically required under the Agreement. For any such additional services agreed upon by the City and Contractor in writing, City agrees to pay Contractor a total amount equal to that mutually agreed upon by the parties in writing. d. Truth -In -Negotiation Certificate. Signature of this Agreement by the Contractor shall act as the execution of atruth-in-negotiation certificate certifying that the wage and rates and costs used to determine the compensation provided for in this Agreement are accurate, complete, and current as of the date of the Agreement. 5. PAYMENTS: Upon receipt of a proper invoice from Contractor, the City agrees to pay the Contractor the invoice amount providing said amount accurately reflects the terms and City of Winter Springs Landscape Maintenance Services Contract 3 of 25 conditions of this Agreement. Invoices may only be submitted on a monthly basis unless otherwise agreed by the City. Unless otherwise agreed in writing by the City, there shall be no other compensation paid to the Contractor and its principals, employees, and independent professional associates and consultants in the performance of Services under this Agreement. The City agrees to make all payments due within thirty (30) days of receipt of a proper invoice delivered by Contractor. The Contractor may only bill the City for achial work performed 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. 6. 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, and RFP 09-23-04 LH — Landscape Maintenance Services which is fully incorporated herein by this reference. 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: (1) Addenda to this Contract subsequent to the Effective date of this Contract (2) terms of this Contract; (3) Exhibit A, Landscape Maintenance and Services Scope of Work; (4) Exhibit B, Cost Proposal Worksheets and (5) RFP 09-23-04 LH — Landscape Maintenance Services. 7. SCHEDULE: Contractor shall perform Services in confoi7nance with the schedule reasonably established by the City Project Manager and set forth in RFP 09-23-04 LH Landscape Maintenance Service and as listed in Exhibit "A" Landscape Maintenance and Services Scope of Work. a. No extension for completion of services shall be granted to the Contractor without City's prior written consent. 8. RIGHT TO INSPECTION: a. City or its affiliates shall at all times have the right to review or observe the services performed by Contractor. b. No inspection, review, or observation shall relieve Contractor of its responsibility under this Agreement. 9. AUDIT AND INSPECTIONS: The Contractor shall maintain records on the City's projects, in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. Said records shall be kept and made available to the City in accordance with Section 20. m. (Public Records) herein. The Contractor may be audited by the City in relation to this Agreement at the City's discretion. Should such an audit by the City reveal monies owed to the City, the Coni�•actor shall reimburse the City for the cost of the audit and pay the principal overcharge amount owed the City plus interest accrued at the prime interest rate in effect on the date of discovery. Said interest rate shall apply to the principal overcharge amount revealed in the audit for the period from the original payment due dates) to the payment by the Contractor of all monies owed. 10. PROFESSIONALISMANb STANDARD OF CARE: Contractor shall do, perform and carry out in a professional manner all Services required to be performed by this Agreement. Contractor shall also use the degree of care and skill in performing the Services that are City of Winter Springs Landscape Maintenance Services Contract 4 of 25 ordinarily exercised under similar circumstances by reputable members of Contractor's profession working in the same or similar locality as Contractor. 11. WARRANTY OF PROFESSIONAL SERVICES: The Contractor (for itself and any of its employees, contractors, partners, and agents used to perform the Services) hereby warrants unto the City that all of its employees (and those of any of its contractors, partners, and agents used to perform the Services) have sufficient experience to properly complete the Services specified herein or as may be performed pursuant to this Agreement. In pursuit of any Services, the Contractor shall supervise and direct the Services, using its best skill and attention and shall enforce strict discipline and good order among its employees. The Contractor shall comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the Services. 12. 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. 13. 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. 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. 14. INSURANCE: Without limiting any of the other obligations or liabilities of Contractor, Contractor shall, at its sole expense, procure, maintain and keep in force adequate amounts and types of insurance conforming to the minimum requirements set forth below. The insurance shall become effective prior to the commencement of work by Contractor and shall be maintained in force until final completion. The Certificate of Insurance must be made to the City of Winter Springs, 1126 East State Road 434, Florida, 32708 and should reference the operation and shall name the City as an additional insured. Prior to renewal, non -renewal, cancellation, or change or modification of any insurance policy, at least 30 days advance written notice shall be given to the City of Winter Springs. All insurance required herein shall be written as primacy policies, not contributing to or in excess of any coverage that the City may cai7y. The insurance carriers shall have a minimum of B+rating based on the latest rating publication for Property and Casualty Insurers such as A.M. Best Company (or its equivalent). All insurers must be lawfully admitted to conduct business within the State of Florida. The amounts and types of insurance shall conform to the following minimum requirements: i. Worker's Compensation. Shall cover Contractor and subcontractors to the fullest extent of the minimum coverage amounts required by law. ii. Commercial General Liability. Minimum limit of $1 Million per occui�ence and $3 Million aggregate for bodily injury and property damage liability; City of Winter Springs Landscape Maintenance Services Contract 5 of 25 this coverage shall also include: Premises and Operations liability; Completed Operations/Product liability; Contractual liability; and, coverage of Contractor's subcontractors and Independent Contractors. iii. Commercial Automobile Liability. Minimum limit of $1 Million, covering any auto including owned, non -owned, hired or leased. In the event Contractor owns no automobiles, the Commercial Auto Liability requirement shall be amended allowing Contractor to maintain only Hired & Non -Owned Auto Liability. If vehicles are acquired throughout the term of the contract, Contractor agrees to purchase "Owned Auto" coverage as of the date of acquisition. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or a separate Commercial Auto coverage form. Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. 15. INDEMNIFICATION: a. For all Services performed pursuant to this Agreement, the Contractor agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its commissioners, employees, officers, and city attorneys (individually and in their official capacity) from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorneys fees through any and all administrative, trial and appellate proceedings), directly or indirectly arising from: i. any default under this Agreement by Contractor; ii. any negligent act, omission or operation of work related to all Services performed under this Agreement by Contractor, and its employees, principals, agents, independent contractors, and. consultants; iii. the acts, errors, omissions, intentional or otherwise, arising out of or resulting fi•om Contractor's and its employees, partners, contractors, and agents on the performance of the Services being performed under this Agreement; iv. Contractor's, and its employees', partners', contractors', and agents' failures) to comply with the provisions of any federal, state, or local laws, ordinance, or regulations applicable to Contractor's and its employees', partners', contractors', and agents' performance under this Agreement; and v. any fraud and misrepresentation conducted by Contractor and its employees, partners, contractors, and agents on the City under this Agreement. b. The indemnification provided above shall obligate the Contractor to defend at its own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name City of Winter Springs Landscape Maintenance Services Contract 6 of 25 and description that may be brought against the City or its commissioners, employees, officers, and City Attorney which may result from any negligent act, omission or operation of work related to the Services under this Agreement whether the Services be performed by the Contractor, or anyone directly or indirectly employed by them. In all events the City and its commissioners, employees, officers, and City Attorney shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. 16. SAFETY: Precautions shall be exercised at all times for the protection of all persons (including the City's employees) and property. The safety provisions of all applicable laws, regulations, and codes shall be observed. Hazards arising from the use of vehicles, machinery, and equipment shall be guided or eliminated in accordance with the highest accepted standard of safety. Contractor shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, contractors, and agents while performing Services provided hereunder 17. CORPORATE REPRESENTATIONS OF CONTRACTOR: Contractor hereby represents and warrants to the City the following: a. Contractor is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for Contractor has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by Contractor has been duly authorized by the board of directors and/or president of Contractor. In support of said representation, Contractor agrees to provide a copy to the City of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. Contractor is duly licensed under all local, state and federal laws to provide the Services stated in paragraph 2.0 herein. In support of said representation, Contractor agrees to provide a copy of all said licenses to the City prior to the execution of this Agreement. 18. TERMINATION: This Agreement maybe terminated by the Contractor upon thirty (30) days prior written notice to the City in the event of substantial failure by the City to perform in accordance with the terms of this Agreement through no fault of the Contractor. It may also be terminated by the City with or without cause immediately upon written notice to the Contractor. Unless the Contractor is in breach of this Agreement, the Contractor shall be paid for services rendered to the City's satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the City, the Contractor shall: a. Stop work on the date and to the extent specified by the City. City of Winter Springs Landscape Maintenance Services Conh•act 7 of 25 b. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. c. Transfer all work in process, completed work and other material related to the terminated work to the City or approved designee. d. Continue and complete all parts of the work that have not been terminated. 19. NOTICES: All projects, notices, demands, requests, instructions, approvals, and claims shall be in writing. All notices of any type shall be given by U.S. mail or by hand delivery to an individual authorized to receive mail for the below listed individuals, all to the following individuals at the following locations: For Contractor: Nature's Care Orlando, LLC, 747 Commerce Blvd. A Longwood, FL 32750 Phone: � 2,1 � 3 l (o — y � `� �" Facsimile: 3 21- 2 g5 =Z.1 S-1 For City: City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Phone: (407) 327-1800 Facsimile: (407) 327-4753 Notice shall be deemed to have been given and received on the date the notice is physically received if given by hand delivery, or if notice is given by first class U.S. mail, postage prepaid, then notice shall be deemed to have been given upon the date said notice was deposited in the U.S. Mail addressed in the manner set forth above. Any party hereto by giving notice in the manner set forth may unilaterally change the name of the person to whom notice is to be given or the address at which notice is to be received. Either party may change the notice address by providing the other party written notice of the change. 20. 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. AGREEMENT INTERPRETATION: i. At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in the Agreement or specifications, the City at its sole discretion will interpret the intent of the Agreement and work descriptions and the Contractor hereby agrees to abide by the City's City of Winter Springs Landscape Maintenance Services Contract 8 of 25 interpretation and agrees to carry out the work in accordance with the decision of the City. ii. When the material, article, oa• equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only. The Contractor will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the City. A substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand name specified. The City has full discretion to decide whether a substitute is reasonably equivalent. Contractor must notify the City prior to use of the substitute for a specified brand name and allow the City to make a determination before Contractor uses the substitute. c. ARREARS: The Contractor shall not pledge the City's credit or make it guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. The Contractor fin-ther warrants and represents that it has no obligation for indebtedness that would impair its ability to fulhll the terms of this Agreement. d. ASSIGNMENT: i. The Contractor shall not assign or subcontract this Agreement, or any rights or any monies due or to become due hereunder without the prior, written consent of City. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than City and Contractor, and all duties and responsibilities under this Agreement will be for the sole and exclusive benefit of City and Contractor and not for the benefit of any other party. ii. If upon receiving written approval from City, any part of this Agreement is subcontracted by Contractor, Contractor shall be fully responsible to City for all acts and/or omissions performed by the subcontractor as if no subcontract had been made. iii. If City determines that any subcontractor is not performing in accordance with this Agreement, City shall so notify Contractor who shall take immediate steps to remedy the situation. iv. If any part of this Agreement is subcontracted by Contractor, prior to the commencement of any Services by the subcontractor, Contractor shall require the subcontractor to provide City and its affiliates with insurance coverage as set forth by the City. e. CHANGES AND MODIFICATIONS: Any change or modification to this Contract must be in writing and signed by both parties. £ COMPLIANCE WITH LAWS AND REGULATIONS: In the performance of work and services under this Agreement, Contractor agrees to comply with all Federal, State and Local laws and regulations now in effect, or hereinafter enacted during the tei7n of this Agreement that are applicable to Contractor, its employees, City of Winter Springs Landscape Maintenance Services Contract 9 of 25 agents or subcontractors, if any, with respect to the work and services described herein. g. INDEPENDENT CONTRACTOR: 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. With regard to any and ail Services performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the City and Contractor is such that the Contractor is an independent contractor and not an agent of the City. The Contractor, its contractors, partners, agents, and their employees are independent contractors and not employees of the City. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the City, on one hand, and the Contractor, its contractors, partners, employees, or agents, during or after the performance of the Services under this Agreement. h. GOVERNING LAW: This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole County, Florida. The parties agree that the Agreement was consummated in Seminole County, and the site of the Services is Seminole County. Venue for any federal action or litigation shall be the Middle District of Florida, Orlando Division. i. ATTORNEY'S FEES: Should any litigation arise concerning this Agreement between the parties, the parties agree to bear their own costs and attorneys fees. j. 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. lc. NONDISCRIMINATION: The Contractor warrants and represents that it complies with all Federal and State requirements concerning fair employment and will not discriminate by reason of race, color, religion, sex, age, national origin, or disability 1. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS: In the event of the Contractors noncompliance or refusal to comply with any nondiscrimination law, regulation or policy in the administration of this contract, this contract maybe 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. m. 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 City of Winter Springs Landscape Maintenance Services Contract 10 of 25 law or ordinance or in connection with the transaction of official business by the City, maybe 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 ll9, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT CUSTODIAN OF PUBLIC RECORDS, THE CITY CLERK, AT CITYCLERKDEPARTMENT(u�,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 Cleric. 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 Cleric, 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. 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 City of Winter Springs Landscape Maintenance Services Contract ll of 25 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 attorneys fees and/or damages for violating Chapter ll9, Florida Statutes, due to the Contractor's faihu•e to company with this Section, the City shall collect from the Contractor prevailing party attorneys 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. n. 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. o. 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. p. 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. q. FORCE MAJEURE: Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving Contractors labor force); extraordinary breakdown of or damage to City's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. r. TREATMENT OF ASSETS: i. Title to all property furnished by the City shall remain in the City. ii. Title to all property fiu-nished by the Contractor shall remain in the Contractor. City of Winter Springs Landscape Maintenance Services Contract 12 of 25 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. s. THIRD PARTY RIGHTS: Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Contractor. t. WAIVER: No inspection by the City, nor any payment for or acceptance of the whole or part of the items in this Agreement, nor any extension of time, nor any possession taken by the City of the product or services hereunder shall operate as a waiver of (1) any provision of this Agreement, (2) the right to have it fully performed, (3) any power herein reserved by the City or (4) any right to damages under this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of any other breach. Failure of City to insist upon perfarmance within any time period or upon a proper level or quality of performance shall not act as a waiver of City's right to later claim a failure to perform by Contractor. u. E-VERIFY: i. Pursuant to section 448.095, Florida Statutes, contractors, which shall include Contractor, shall register with and use the U.S. Department of Homeland Security's E-Verify system, https://e-verify.uscis. ov�/emp, to verify the work authorization status of all employees hired on and after January 1, 2021. ii. Subcontractors 1. 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. 2. Contractor shall obtain fi•om 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. 3. 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. iii. Contractor must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Contractor City of Winter Springs Landscape Maintenance Services Conh•act 13 of 25 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 &Verify system. iv. 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. v. EXCLUSIVITY: This is not an exclusive Agreement. The City may, at its sole discretion, contract with other entities for work similar to that to be performed by the Contractor hereunder. 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. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. THE CITY Ol� WINTER SPRINGS: NATUIj�'S CARE H Date City Manager JAl1V� BEA 2 / � Date LLC Managirfg Member City of Winter Springs Landscape Maintenance Services Contract 14 of 25 Exhibit A: Landscape Maintenance Services —Scope of Work 1. DEFINITIONS The definitions below describe the City's expectation for maintenance. These defntions 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 Duslc 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 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. D. Remove Grass Clippings and debris City of Winter Springs Landscape Maintenance Services Contract 15 of 25 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, himming 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 pnming 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 awell-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 slu•ubs 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 patens are to be trinuned 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 thin March when no trimming should be done to achieve maximum flowering. ix. Wax myrtles are to be trinnned 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 trilruning 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. xii. Dead plant material shall be removed by the Contractor immmediately during the normal service visit and a report filed with the City detailing the location of removal and species removed. City of Winter Springs Landscape Maintenance Services Contract 16 of 25 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 stt•ucture, equipment or tree. G. Mulching i. Costs of mulching are not included in base maintenance price; costs for these services are established on the proposal form for each service area (as provided on Exhibit "B"). ii. 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. iii. 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 slnub 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 apre-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 Trinuning (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 Contractor. ii. Any trees greater than 13' are not included in base maintenance price; costs for these services are established on the proposal form for each service area (as provided on Exhibit «B„ City of Winter Springs Landscape Maintenance Services Contract 17 of 25 iii. New or young h•ees 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. Services 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 i. This service is not included in base maintenance price; costs for these services are established on the proposal form for each service area (as provided on Exhibit "B"). ii. 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 ofneglect or damage caused by the maintenance operation. iii. Replacement material shall be identical to plant species, quality and specifications of the materials at the time the toss occurs. L. Insect and Disease Control i. This service is not included in base maintenance price; costs for these services are established on the proposal form for each service area (as provided on Exhibit "B"). ii. The Contractor shall establish, in conjunction with the City, a preventive program to insure proper care of turf and ornamentals. iii. The Contractor warrants tm-f against infestation and disease and will replace same if deemed to be below accepted industry standards (IFAS) by the City. iv. Application times for herbicide and pesticide applications shall be completed by licensed, trained individuals. v. 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 i. This service is not included in base maintenance price; costs for these services are established on the proposal form for each service area (as provided on Exhibit `B"). ii. Fertilization and insecticide treatments shall be provided as directed to maintain the health and appearance of all turf and plant material. iii. 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. iv. 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 18 of 25 v. 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 i. This service is not included in base maintenance price; costs for these services are established on the proposal form for each service area (as provided on Exhibit "B"). ii. Complete irrigation inspections shall be performed one (1) time per month at minimum. iii. 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 controllers) 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. iv. 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. v. 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. vi. 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. vii. 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. viii. 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. O. Other Scope as specifically directed by City i. Costs for additional services are established on the proposal form for each service area. City of Winter Springs Landscape Maintenance Services Contract 19 of 25 ii. Contractor 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 Conh•actor 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 innnediately 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 the condition survey which shall describe the condition and location of all unhealthy plants. 3. SCOPE OF SERVICE a. Service Area 1—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 Tuslcawilla 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 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 City of Winter Springs Landscape Maintenance Services Conh•act 20 of 25 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. ii. Required Services 1. For the Cross Seminole Trail 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) 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), h7•igation Inspection, and Irrigation Repair (monthly/as required) and other services as requested. 2. For S.R. 4343 Bridge and Cross Seminole Trail (Creek) Bridge The below services are required weekly tln•ough the growing season (3/15-10/15) and bi-weekly through the dormant season (10/16-3/14) i. 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 Dish•ict i. Locations and property description 1. Tuslcawilla Rd. Rights of Way (R.O.W.) i. East -Tuslcawilla 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 -Tuslcawilla Rd. south to Tuskawilla Trail (Including Berm just south of the Church of the New Covenant). 2. Tuslcawilla Rd. medians i. Medians on Tuslcawilla Rd. from S.R. 434 south to end of median cut at the Church of the New Covenant (800 Tuslcawilla Rd.) hrrigation on the center medians is operated by multiple TBOS battery controllers. 3. Tuskawilla Lighting and Beautification Dish•ict (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 trail to project boundaries which is usually 2 to 8 passes with a 50" mower deck, but this varies in many areas and steps nnist be City of Winter Springs Landscape Maintenance Services Contract 21 of 25 taken to groom all affected areas. Includes small medians at each Trail Head entrance. 4. Oak Forest Entrances i. Forest Creels Dr. — 50' north and south of the sign wall on the west side of Tuslcawilla 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 Tuslcawilla 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. hrigation 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 Tuslcawilla 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 Tuslcawilla Rd., directly along the wall where plants, shrubs, and vines are planted. Wall boundaries are from the Tuslcawilla Office Park to New Covenant Church, not including the section of wall owned and maintained by Grande Reserve. Backside of wall not inchlded. (hrigation —spray heads are along entire length of the wall and bubbler heads on Oak Trees located between Trotwood and Tuslcawilla Office Park, ali included. Timers are located at entrances to Oalc Forest at Winter Springs Blvd. and Trotwood Blvd. entrances. All four (4) entrances have irrigation on these timers.) ii. Required Services 1. For the Tuslcawilla Rd. ROWS i. The below services are required weekly tln•ough the growing season (4/01-12/O1) and bi-weekly tluough the dormant season (12/02-3/31) i. Mow, Weedeater Trirmning, Edge Grass, Trim Trees, Remove Spanish Moss, Trash Removal and other services as requested. 2. All other locations in Service Area 2 i. The below services are required weekly tlu•ough the growing season (4/01-12/O1) and bi-weeldy through the dormant season (12/02-3/31) i. Mow, Blow, Trim Hedges, Weedeater Trirrnning, Mulch (Semi -Annually), Edge Grass, Weeding Beds, Trim Trees, Remove Spanish Moss, Trash Removal, City of Winter Springs Landscape Maintenance Services Contract 22 of 25 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 ii 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. Required Services 1. All locations in the Service Area 3 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), hrrigation Inspection and Repair (Monthly/As Required) and other additional services as requested. City of Winter Springs Landscape Maintenance Services Contract 23 of 25 Exhibit B: RTP 09-23-04 LH Landscape Maintenance Services — Proposal Form — Proposed Cost Appendix A COST PROPOSAL WORKSHEET PROPOSED COST Service Area Service Area service Item 1 2 Area 3 Base Maintenance $ 46,684,00 $ 128,528.00' $52,552,00 Palm Trimming Greater than 13' OA (per Tree) $42.00 $42.00 $42,00 Crepe Trimming Greater than 13' OA (per Tree) $13.58 $1158 $13.58 $0,00 $16,580.00 $490.00 Irrigation Inspections _ Mulch - Supplied and Installed (per cubic yard) $49.50 $49,50 $49,50 Fertilizer (per application $1,400.00 $6,119.00 $1,359,00 Integrated Pest Management (per application) $980.00 $3,059,00 $680,00 PROPOSAL TOTAL (per Month) $3,890033 $10,710667 $4,379033 `Bid Bod and Payment Performance Bond to be Billed at time of award, Not Included as of yet. 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, wateringin Service Area Service Area Service and one year warranty 1 2 Area 3 Annuals (Cost plus °Jo) Regular- (2.45)* $2.45 $2,45 $2.45 Ground Cover (Cost plus %) 1 Gal -LEG (7.00)* j $7.00 $7,00J $7.00 0 3 Gal (18.50j* f $14.50 $14,50 $14S0 Shrubs (Cost plus %) Palms (Cost plus %} 20' Sabals (475.00)* $475,00 $475.00 $475,00 Canopy Trees (Cost plus %) 30 gal - Live Oak (437.50)* I $437450 I $437.50 $437,50 UnderstoryTrees (Cost plus %) 15 gal Crepes (175.00)* $175.00 $175,00 $175.00 Sod (Cost plus %) Per Pallet, St. Augustine (1,75)* $1,75 $1075 $1,75 *Pricing does not include DOT detail, if needed. TREE REMOVAL AND STUMP GRINDING _ Not to be Included as part of Proposal review criteria. Price to include back fill/sod If needed _ Tree Removal 6" Tree Removal 12" Tree Removal 18" ._.._.._....__.._-- Tree Removal 24" Tree Removal 36" 9-23-04 LH RFP Il 0 Service Area Service Area I Service 1 2 .Area 3 $250 $300 $300 $400 $6o0 $600 $11400 J $1,400 $1,400 $21150 $2,150 $2,150 $31250 $3,250 $3,250 MANDATORY FORM City of Winter Springs Landscape Maintenance Services Contract 24 of 25 Exhibit B: RFP 09-23-04 LH Landscape Maintenance Services — Proposal Form — Proposed Cost Appendix A COST PROPOSAL WORKSHEET Cont. IRRIGATION REPAIR ___..__....... Not to be included as part of Proposal review criteria unless otherwise noted ` Service Area Service Area Service Area 2 3 — 70°La 70% 00 7. Wholesale price of materials plus proposed percentage $65.00 $65.00 $65.00 Irrigation Technician Hourly Rate --.----- The PROPOSER is invited to submit per unit pricing on any other optional/ancillary services which it offers and which may be of Interest to the CITY. RFP t! 09-23-04 l.H MAN�ATORYFORM City of Winter Springs Landscape Maintenance Services Contract 25 of 25