HomeMy WebLinkAboutKirkland's Property Management Services, LLC 2011 02 08 AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES
THIS AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES ( "Agreement ") is made and entered
into by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ( "City "), located at 1126
East State Road 434, Winter Springs, Florida 32708, and Kirkland's Property Management Services, LLC.,
authorized to conduct business in Florida ( "Service Provider"), located at 224 Sterling Rose Court, Apopka, FL
32703.
WITNESSETH:
WHEREAS, City wishes to obtain City Facilities Landscape Maintenance on a continuing basis; and
WHEREAS, Service Provider participated in the selection and negotiation process; and
WHEREAS, Service Provider is willing to provide such City Facilities Landscape Maintenance for the
City under the terms and conditions stated herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties covenant and agree as follows:
1.0 GENERAL PROVISIONS
1.1 Recitals. The foregoing recitals are deemed to be true and accurate and are fully incorporated
herein by reference.
1.2 Engagement. The City hereby engages Service Provider and Service Provider agrees to
perform the Services outlined in this Agreement for the stated fee arrangement. No prior or present agreements
or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement.
1.3 Due Diligence. Service Provider acknowledges that it has investigated prior to the execution of
this Agreement and satisfied itself as to the conditions affecting the Services, the availability of materials and
labor, the cost thereof, the requirements to obtain necessary insurance as set forth herein, and the steps
necessary to complete the Services within the time set forth herein. Service Provider warrants unto the City that it
has the competence and abilities to carefully and faithfully complete the Services within the time set forth herein.
Service Provider will perform its Services with due and reasonable diligence consistent with sound professional
practices.
2.0 TERM AND DEFINITIONS
2.1 This contract shall be for a term of twelve (12) months commencing on March 1, 2011 and
terminating on February 28, 2012. By mutual agreement of both parties hereto, the term of this Agreement may
be extended for two (2) additional one year terms, provided the City determines, in its discretion, that Service
Provider has adequately performed during the previous term of this Agreement. In the event this contract is
extended, the contract price may be adjusted to allow for consumer price increases based on Bureau of Labor
and Statistics - Producer Price Index not to exceed 2 (two) percent. The adjustment will be based on the annual
contract period from the same period of the previous year and calculated prior to renewal. The Agreement may
be canceled in whole or part by the City or the Service Provider, upon giving at least (30) days written notice prior
to cancellation; EXCEPT that non - performance on the part of the Service Provider will be grounds for immediate
termination. Unless otherwise provided in said notice, all work being performed by Service Provider at the time of
receipt of the notice shall immediately cease and no further work shall be provided by Service Provider under this
Agreement.
2.2 Definitions. The following words and phrases used in this Agreement shall have the following
meaning ascribed to them unless the context clearly indicates otherwise:
a. "Agreement" or "Contract" shall be used interchangeably and shall refer to this Agreement, as
amended from time to time, which shall constitute authorization for the Service Provider to
provide the maintenance services approved by the City.
b. "Effective Date" shall be the date on which the last signatory hereto shall execute this Agreement,
and it shall be the date on which this Agreement shall go into effect. The Agreement shall not go
into effect until said date.
c. "Service Provider" shall mean Kirkland's Property Management Services, LLC., a Florida
Corporation, and its principals, officers, employees, and agents.
d. "Public Record" shall have the meaning given in Section 119.011(1), Florida Statutes.
e. "Work" or "Services" shall be used interchangeably and shall include the performance of the work
agreed to by the parties in this Agreement.
f. "City Project Manager" or "Designated Representative" or "Project Director" shall mean the City's
Urban Beautification Manager, or his designee, who is to provide the general administration of the
Agreement.
3.0 SCOPE OF SERVICES
3.1 Service Provider shall provide those services for City Facilities Landscape Maintenance, for
the City of Winter Springs, as set forth in the "Scope of Work," attached hereto as Exhibit 'A' and fully
incorporated herein by this reference, including the furnishing of all labor, equipment, tools, materials, incidentals
and the performing of all operations necessary as described in the Project Manual.
4.0 CHANGES IN THE SCOPE OF WORK
4.1 City may make changes in the Services at any time by giving written notice to Service Provider. If
such changes increase (additional services) or decrease or eliminate any amount of Work, City and Service
Provider will negotiate any change in total cost or schedule modifications. If the City and the Service Provider
approve any change, the Contract will be modified in writing to reflect the changes. All change orders shall be
authorized in writing by City's and Service Provider's designated representative.
4.2 All of City's amendments thereto shall be performed in strict accordance with the terms of this
Agreement insofar as they are applicable.
5.0 SCHEDULE
5.1 Service Provider shall perform services in conformance with the schedule reasonably established
by the City Project Manager. Service Provider shall complete all of said services in a timely manner and will keep
City apprized of the status of work on at least a monthly basis or as otherwise reasonably requested by the City.
Should Service Provider fall behind on the established schedule, it shall employ such resources so as to comply
with the schedule.
5.2 No extension for completion of services shall be granted to Service Provider without City's prior
written consent.
6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF SERVICE PROVIDER
6.1 Compensation. For the Services provided pursuant to the Agreement, the City agrees to pay
Service Provider a sum not to exceed Twenty Thousand and Twenty -Eiaht Dollars ($20,028). If this
Agreement is extended, the total annual amount paid to Service Provider shall not exceed the above mentioned
number adjusted by the Producer Price Index as set forth in paragraph 2.1 of this Agreement.
6.2 Additional Services. From time to time during the term of this Agreement, City may request that
Service Provider perform additional Services not required under the Project Manual. For those additional services
agreed upon by the City and Service Provider in writing, City agrees to pay Service Provider a total amount equal
to that mutually agreed upon by the parties in writing.
6.3 Payment. Upon receipt of a proper invoice from Service Provider, the City agrees to pay the
Service Provider the invoice amount providing said amount accurately reflects the terms and conditions of this
Agreement. Invoices may only be submitted on a monthly basis unless otherwise agreed by the City. Unless
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otherwise agreed in writing by the City, there shall be no other compensation paid to the Service Provider and its
principals, employees, and independent professional associates and consultants in the performance of Work
under this Agreement. The City agrees to make all payments due within thirty (30) days of receipt of a proper
invoice delivered by Service Provider. The Service Provider may only bill the City for actual work performed.
7.0 RIGHT TO INSPECTION
7.1 City or its affiliates shall at all times have the right to review or observe the services performed by
Service Provider.
7.2 No inspection, review, or observation shall relieve Service Provider of its responsibility under this
Agreement.
8.0 AUDIT AND INSPECTIONS
All Service Provider's records with respect to any matters covered by this Agreement 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 excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be
fully cleared by the Service Provider within thirty (30) days after receipt by the Service Provider. Failure of the
Service Provider 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
Agreement.
9.0 PROFESSIONALISM AND STANDARD OF CARE
9.1 Service Provider shall do, perform and carry out in a professional manner all
Services required to be performed by this Agreement. Service Provider shall also use the degree of care and skill
in performing the Services that are ordinarily exercised under similar circumstances by reputable members of
Service Provider's profession working in the same or similar locality as Service Provider.
10.0 SUBMITTAL OF PROGRESS REPORTS
10.1 Service Provider shall submit a monthly written progress report as to the status of all Work set
forth in this Agreement. The report shall in a sufficient manner demonstrate that any funds expended were used
to provide the agreed -upon Services. If the detail is not sufficient in the City Project Manager's reasonable
discretion to permit the City to determine the Work performed or the manner in which it is being performed, the
City may seek more detail from the Service Provider.
11.0 WARRANTY OF PROFESSIONAL SERVICES
11.1 The Service Provider (for itself and any of its employees, contractors, partners, and agents used
to perform the Services) hereby warrants unto the City that all of its employees (and those of any of its
contractors, partners, and agents used to perform the Services) have sufficient experience to properly complete
the Services specified herein or as may be performed pursuant to this Agreement. In pursuit of any Work, the
Service Provider shall supervise and direct the Work, using its best skill and attention and shall enforce strict
discipline and good order among its employees. The Service Provider shall comply with all laws, ordinances,
rules, regulations, and lawful orders of any public authority bearing on the performance of the Work.
12.0 CORPORATE REPRESENTATIONS BY SERVICE PROVIDER
12.1 Service Provider hereby represents and warrants to the City the following:
a. Service Provider is duly registered and licensed to do business in the State of Florida
and is in good standing under the laws of Florida, and is duly qualified and authorized
to carry on the functions and operations set forth in this Agreement.
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b. The undersigned signatory for Service Provider has the power, authority, and the
legal right to enter into and perform the obligations set forth in this Agreement and all
applicable exhibits thereto, and the execution, delivery, and performance hereof by
Service Provider has been duly authorized by the board of directors and /or president
of Service Provider. In support of said representation, Service Provider agrees to
provide a copy to the City of a corporate certificate of good standing provided by the
State of Florida prior to the execution of this Agreement.
c. Service Provider is duly licensed under all local, state and federal laws to provide the
Services stated in paragraph 3.0 herein. In support of said representation, Service
Provider agrees to provide a copy of all said licenses to the City prior to the execution
of this Agreement.
13.0 WORK IS A PRIVATE UNDERTAKING
13.1 With regard to any and all Work performed hereunder, it is specifically understood and agreed to
by and between the parties hereto that the contractual relationship between the City and Service Provider is such
that the Service Provider is an independent contractor and not an agent of the City. The Service Provider, its
contractors, partners, agents, and their employees are independent contractors and not employees of the City.
Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent
contractor, between the City, on one hand, and the Service Provider, its contractors, partners, employees, or
agents, during or after the performance of the Work under this Agreement.
14.0 PROGRESS MEETING
14.1 City Project Manager may hold periodic progress meetings on a monthly basis, or more
frequently if required by the City, during the term of work entered into under this Agreement. Service Provider's
Project Manager and all other appropriate personnel shall attend such meetings as designated by the City Project
Manager.
15.0 SAFETY
15.1 Service Provider shall be solely and absolutely responsible and assume all liability for the safety
and supervision of its principals, employees, contractors, and agents while performing Services provided
hereunder.
16.0 INSURANCE
16.1 Liability Amounts. During the term of this Agreement, Service Provider shall be responsible for
providing the types of insurance and limits of liability as set forth below.
a. The Service Provider shall maintain comprehensive general liability insurance in the minimum
amount of $1,000,000 as the combined single limit for each occurrence to protect the Service
Provider from claims of property damages which may arise from any Services performed
under this Agreement whether such Services are performed by the Service Provider or by
anyone directly employed by or contracting with the Service Provider.
b. The Service Provider shall maintain comprehensive automobile liability insurance in the
minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000
property damage as the combined single limit for each occurrence to protect the Service
Provider from claims for damages for bodily injury, including wrongful death, as well as from
claims from property damage, which may arise from the ownership, use, or maintenance of
owned and non -owned automobiles, including rented automobiles whether such operations
be by the Service Provider or by anyone directly or indirectly employed by the Service
Provider.
c. The Service Provider shall maintain, during the life of this Agreement, adequate Workers'
Compensation Insurance in at least such amounts as are required by law and Employer's
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Liability Insurance in the minimum amount of $1,000,000 for all of its employees performing
Work for the City pursuant to this Agreement.
16.2 Special Requirements. Current, valid insurance policies meeting the requirements
herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of
Insurance shall be provided to the City by Service Provider upon the Effective Date of this Agreement which
satisfied the insurance requirements of this paragraph 16.0. Renewal certificates shall be sent to the City 30 days
prior to any expiration date. There shall also be a 30-day advance written notification to the City in the event of
cancellation or modification of any stipulated insurance coverage. The City shall be an additional named
insured on all stipulated insurance policies as its interest may appear, from time to time.
16.3 Independent Associates and Consultants. All independent contractors or agents employed by
Service Provider to perform any Services hereunder shall fully comply with the insurance provisions contained in
these paragraphs for sections 15 and 16.
17.0 COMPLIANCE WITH LAWS AND REGULATIONS
17.1 Service Provider shall comply with all requirements of federal, state, and local laws, rules,
regulations, standards, and /or ordinances applicable to the performance of Services under this Agreement.
18.0 DOCUMENTS
18.1 Public Records. It is hereby specifically agreed that any record, document, computerized
information and program, audio or video tape, photograph, or other writing of the Service Provider and its
independent contractors and associates related, directly or indirectly, to this Agreement, may be deemed to be a
Public Record whether in the possession or control of the City or the Service Provider. Said record, document,
computerized information and program, audio or video tape, photograph, or other writing of the Service Provider
is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written
approval of the City's City Manager. Upon request by the City, the Service Provider shall promptly supply copies
of said public records to the City. All books, cards, registers, receipts, documents, and other papers in connection
with this Agreement shall at any and all reasonable times during the normal working hours of the Service Provider
be open and freely exhibited to the City for the purpose of examination and /or audit.
18.2 The Service Provider acknowledges that the City is a Florida municipal corporation and subject to
the Florida Public Records Law. Service Provider agrees that to the extent any document produced by Service
Provider under this Agreement constitutes a Public Record; Service Provider shall comply with the Florida Public
Records Law.
19.0 ASSIGNMENT
19.1 Service Provider shall not assign or subcontract this Agreement, or any rights or any monies due
or to become due hereunder without the prior, written consent of City.
19.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by
Service Provider, Service Provider shall be fully responsible to City for all acts and /or omissions performed by the
subcontractor as if no subcontract had been made.
19.3 If City determines that any subcontractor is not performing in accordance with this Agreement,
City shall so notify Service Provider who shall take immediate steps to remedy the situation.
19.4 If any part of this Agreement is subcontracted by Service Provider, prior to the commencement of
any Work by the subcontractor, Service Provider shall require the subcontractor to provide City and its affiliates
with insurance coverage as set forth by the City.
20.0 TERMINATION: DEFAULT BY SERVICE PROVIDER AND CITY'S REMEDIES
20.1 The City reserves the right to revoke and terminate this Agreement and rescind all rights and
privileges associated with this Agreement, without penalty, in the following circumstances, each of which shall
represent a default and breach of this Agreement:
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a. Service Provider defaults in the performance of any material covenant or condition of this Agreement
and does not cure such other default within fourteen (14) calendar days after written notice from the
City specifying the default complained of, unless, however, the nature of the default is such that it
cannot, in the exercise of reasonable diligence, be remedied within fourteen (14) calendar days, in
which case the Service Provider shall have such time as is reasonably necessary to remedy the
default, provided the Service Provider promptly takes and diligently pursues such actions as are
necessary therefor; or
b. Service Provider is adjudicated bankrupt or makes any assignment for the benefit of creditors or
Service Provider becomes insolvent, or is unable or unwilling to pay its debts; or
c. Service Provider has acted negligently, as defined by general and applicable law, in performing the
Services hereunder; or
d. Service Provider has committed any act of fraud upon the City; or
e. Service Provider has made a material misrepresentation of fact to the City while performing its
obligations under this Agreement; or
f. Service Provider is experiencing a labor dispute which threatens to have a substantial, adverse
impact upon performance of this Agreement without prejudice to any other right or remedy City may
have under this Agreement.
20.2 Notwithstanding the aforementioned, in the event of a default by Service Provider, the City shall have
the right to exercise any other remedy the City may have by operation of law, without limitation, and without any
further demand or notice. In the event of such termination, City shall be liable only for the payment of all unpaid
charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the
effective date of termination.
21.0 FORCE MAJEURE
21.1 Any delay or failure of either party in the performance of its required obligations hereunder shall
be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage;
strikes (except involving Service Providers labor force); extraordinary breakdown of or damage to City's affiliates'
generating plants, their equipment, or facilities; court injunction or order; federal and /or state law or regulation;
order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided
that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be
diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for
sixty days, either party may terminate this Agreement.
22.0 GOVERNING LAW & VENUE
22.1 This Agreement is made and shall be interpreted, construed, governed, and enforced in
accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole
County, Florida. Venue for any federal action or litigation shall be Orlando, Florida.
23.0 HEADINGS
23.1 Paragraph headings are for the convenience of the parties only and are not to be construed as
part of this Agreement.
24.0 SEVERABILITY
24.1 In the event any portion or part thereof of this Agreement is deemed invalid, against public policy,
void, or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the City, shall
negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of
the remaining parts of this Agreement shall otherwise be fully enforceable.
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25.0 INTEGRATION: MODIFICATION
25.1 The drafting, execution, and delivery of this Agreement by the Parties have been induced by no
representations, statements, warranties, or agreements other than those expressed herein. This Agreement
embodies the entire understanding of the parties, and there are no further or other agreements or understandings,
written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to
herein. Modifications of this Agreement shall only be made in writing signed by both parties.
26.0 WAIVER AND ELECTION OF REMEDIES
26.1 Waiver by either party of any terms or provision of this Agreement shall not be considered a
waiver of that term, condition, or provision in the future.
26.2 No waiver, consent, or modification of any of the provisions of this Agreement shall be binding
unless in writing and signed by a duly authorized representative of each party hereto.
27.0 THIRD PARTY RIGHTS
27.1 Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than
City and Service Provider.
28.0 PROHIBITION AGAINST CONTINGENT FEES
28.1 Service Provider warrants that it has not employed or retained any company or person, other than
a bona fide employee working solely for the Service Provider, to solicit or secure this Agreement, and that it has
not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee
working solely for the Service Provider, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement.
29.0 NO JOINT VENTURE
29.1 Nothing herein shall be deemed to create a joint venture or principal -agent relationship between
the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any
manner which would indicate any such relationship with the other party.
30.0 ATTORNEY'S FEES
30.1 Should either party bring an action to enforce any of the terms of this Agreement, the prevailing
party shall be entitled, to the extent permitted by law, to recover from the non - prevailing party the costs and
expenses of such action including, but not limited to, reasonable attorney's fees, whether at settlement, trial or on
appeal.
31.0 COUNTERPARTS
31.1 This Agreement may be executed in any number of counterparts, each of which when so
executed and delivered shall be considered an original agreement; but such counterparts shall together constitute
but one and the same instrument.
32.0 DRAFTING
32.1 City and Service Provider each represent that they have both shared equally in drafting this
Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event
of a dispute between the parties.
33.0 NOTICE
33.1 Any notices required to be given by the terms of this Agreement shall be delivered by hand or
mailed, postage prepaid to:
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For Service Provider:
Kirkland's Property Management Services, LLC.
224 Sterling Rose Court
Apopka, FL 32703
For City:
City of Winter Springs
Community Development Department
Urban Beautification Division
1126 East State Road 434
Winter Springs, FL 32708
Phone: (407) 327 -5976
Facsimile: (407) 327 -6695
33.2 Either party may change the notice address by providing the other party written notice of the
change.
34.0 SOVEREIGN IMMUNITY
34.1 Nothing contained in this Agreement shall be construed as a waiver of the City's right to
sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential
liability under state or federal law.
35.0 INDEMNIFICATION
35.1 For all Services performed pursuant to this Agreement, the Service Provider agrees to the fullest extent
permitted by law, to indemnify and hold harmless the City and its commissioners, employees, officers, and city
attorneys (individually and in their official capacity) from and against all claims, losses, damages, personal injuries
(including but not limited to death), or liability (including reasonable attorney's fees through any and all
administrative, trial and appellate proceedings), directly or indirectly arising from:
a. any default under this Agreement by Service Provider;
b. any negligent act, omission or operation of work related to all Services performed
under this Agreement by Service Provider, and its employees, principals, agents,
independent contractors, and consultants.
c. the acts, errors, omissions, intentional or otherwise, arising out of or resulting
from Service Provider's and its employees, partners, contractors, and agents on
the performance of the Services being performed under this Agreement;
d. Service Provider's, and its employees, partners, contractors, and agents failure
to comply with the provisions of any federal, state, or local laws, ordinance, or
regulations applicable to Service Provider's and its employees, partners,
contractors, and agents performance under this Agreement;
e. any fraud and misrepresentation conducted by Service Provider and its
employees, partners, contractors, and agents on the City under this Agreement.
35.2 The indemnification provided above shall obligate the Service Provider to defend at its own
expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of
liability and all suits and actions of every name and description that may be brought against the City or its
commissioners, employees, officers, and City Attorney which may result from any negligent act, omission or
operation of work related to the Services under this Agreement whether the Services be performed by the Service
Provider, or anyone directly or indirectly employed by them. In all events the City and its commissioners,
employees, officers, and City Attorney shall be permitted to choose legal counsel of its sole choice, the fees for
which shall be reasonable and subject to and included with this indemnification provided herein.
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36.0 ORDER OF PRECEDENCE
36.1 In case of any inconsistency in any of the documents bearing on the Agreement between the City
and the Service Provider, the inconsistency shall be resolved by giving precedence in the following order:
a. Addenda to this Agreement subsequent to the Effective date of this Agreement;
b. This Agreement;
c. Exhibits to this Agreement; and
d. The Bid documents.
36.2 Any inconsistency in the work description shall be clarified by the City and performed by the Service
Provider.
37.0 AGREEMENT INTERPRETATION
37.1 At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be
found in the Agreement or specifications, the City at its sole discretion will interpret the intent of the Agreement
and work descriptions and the Service Provider hereby agrees to abide by the City's interpretation and agrees to
carry out the work in accordance with the decision of the City.
37.2 When the material, article, or equipment is designated by a brand name and more than one brand
name is listed, it will be understood that the work is based on one brand name only. The Service Provider will be
responsible for all coordination necessary to accommodate the material, article, or equipment being provided
without additional cost to the City. A substitute material, article, or equipment is allowed if it is reasonably
equivalent to the brand name specified. The City has full discretion to decide whether a substitute is reasonably
equivalent. Service Provider must notify the City prior to use of the substitute for a specified brand name and
allow the City to make a determination before Service Provider uses the substitute.
* *Continued on next page **
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IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by
their duly authorized representatives as of the date first written above.
C SERVIC - OVID - : � �
L
Nam I�un
- • ; n• Si•ned)
Title 9 /
Date
CITY:
CITY OF WINTER SPRING FLORIDA.-
A Florida municipal corpoiron
KEV . SMITH
City Mane ,
qg t ll
Date - -
ATTE'. :
NOR 0 F' ENZO- LUACES, City Clerk
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Exhibit 'A' — Scope of Work
TECHNICAL SPECIFICATIONS
LOCATIONS AND SCOPE OF WORK
1. Public Works Admin. 110 North Flamingo Avenue
Grounds directly in front/side of building and the parking area adjacent to N. Fairfax Ave & the Fire Station.
2. City Hall 1126 East State Road 434
Entire grounds including retention pond perimeter and rear parking lot.
3. Police Department 300 North Moss Road
Entire grounds (front and rear) including two retention ponds and R.O.W.
4. Public Works Compound 150 N. Hartman Lane
Entire grounds including retention ponds perimeter, parking lots, and around all buildings.
5. Old Water Plant # 1 - First St. (across from Public Works Admin.)
Entire vacant lot.
6. Sheoah Blvd. - Plant #2 700 Sheoah Blvd (behind Highlands HOA tennis courts)
All areas within fence.
7. Bahama Road - Plant #3 110 West Bahama Road
All areas in and outside fence including R.O.W.
8. East Water Plant # 1 851 Northern Way
All areas inside and outside fence including R.O.W. to drainage ditch (North) at power easement.
9. West Wastewater Treatment Plant 1000 West State Road 434
All areas within (and just outside) chain link fence including elevated pond embankment.
10. East Wastewater Treatment Plant 1560 Winter Springs Blvd
All areas within chain link fence including elevated pond embankment.
* *CONTINUED ON NEXT PAGE **
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SCHEDULE OF LANDSCAPE MAINTENANCE SERVICE
MAINTENANCE CODE FREQUENCY
1. MOW A. WEEKLY
2. TRIM HEDGES B. BI- WEEKLY
3. WEEDEATER 9. FERTILIZATION C. MONTHLY
4. MULCH -3" DEEP 10. PLANT REPLACEMENT D. SEMI - ANNUAL
5. EDGING 11. INSECT CONTROL E. AS NEEDED
6. WEEDING 12. HERBICIDE F. ANNUALLY
7. PRUNING 13. OVERSEED RYE G.3x PER YEAR
8. TRASH PICK -UP 14. IRRIGATION INSPECTION / REPAIR H. BI- MONTHLY
MONTH (GROWING) MONTH (DORMANT)
LOCATIONS 03/15 TRIM 10/15 10/16 THRU 3/14
1. PUBLIC WORKS ADMIN. 1A,2A,3A,5B,6A,7E, 1B,2E,3B,5C,6E,8B,
8A,14C 14C
2. CITY HALL 1A,2A,3A,5B,6A,7E, 1B,2E,3B,4F,5C,6E,
8A,10E,14C 7E,8B,10E,14C
3. POLICE DEPARTMENT 1A,2A,3A,5B,6A,7E, 1B,2E,3B,4F,5C,6E,
8A,10E,14C 7E,8B,10E,14C
4. PUBLIC WORKS COMPOUND 1B,3B,5B,8B,11E 1C,3C,5C,8C,11E
5. OLD WATER PLANT #1 1B,3B,5B,8B,11E 1C,3C,5E,8C,11E
6. SHEOAH BLVD. PLANT #2 1B,3B,5B,8B,11E 1C,3C,5E,8C,11E
7. BAHAMA ROAD PLANT #3 1B,3B,5B,8B,11E 1C,3C,5E,8C,11E
8. EAST WATER PLANT #1 1B,3B,5B,8B,11E,7E 1C,3C,5E,8C,11E,7E
14C 14C
9. WEST WASTE WATER TREATMENT PLANT 1B,3B,5B,8B,11E 1C,3C,5E,8C,11E
10. EAST WASTE WATER TREATMENT PLANT 1B,3B,5B,8B,11E 1C,3C,5E,8C,11E
SPECIFIC TASKS
1.0 TURF CARE
Unless specified above, 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:
Heavy Growing Season - March 15 through October 15.
Dormant Growing Season — October 16 through March 14.
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SPECIFIC TURF CARE
• St. Augustine
This specific mowing program, at minimum, unless otherwise specified, 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"
inches on average, depending upon established grass needs, by finish mower or a groom mower.
• Bahiagrass
This specific mowing program, at minimum, unless otherwise specified, shall be in accordance with the
University of Florida Cooperative Extension Services Calendar for Bahiagrass 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.
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.
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 curblines)
and actual site locations. Areas are to look clean and neat and free of debris at all times.
Any clipping, trimming debris will be removed from site as work is completed, or at the end of each day
that work is performed. Lawn clippings may be left on the turf areas so long as no readily visible clumps remain
on the grass surface after mowing. Otherwise large clumps of clippings will be collected and disposed of by
Contractor. In case of fungal disease outbreaks, all clipping will be collected and properly disposed of until
disease is undetectable. No debris bags shall be left on site more than 6 hours.
Turf care activities shall be scheduled during the normal work week (M -F 7:30am to 3:30pm) 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, Service Provide must give the City's Project Manager 24 hours notice and receive
approval prior to a service schedule modification.
2.0 MULCHING
Mulching 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. Pine Bark mulch is to be used in all applicable areas.
3.0 EDGING
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. 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. Schedule for edging of soft
surfaces such as turf, bed borders, and ground cover shall be performed bi- weekly or more as needed.
4.0 WEEDEATING
Areas inaccessible to mowing equipment shall be kept neat and trimmed as needed. 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.
5.0 PRUNING SHRUBS AND ORNAMENTALS
Pruning of plants shall be performed as needed to remove dead wood harboring insects and disease and
to promote maximum health and growth. The finding of insects or disease shall be reported immediately to the
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City Representative so as to limit losses. Aesthetic pruning shall consist of removal of dead or broken branches.
Pruning shall be performed to balance infiltration Tight to enhance new growth.
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 that four inches of new growth appears.
Larger leafed shrubs, such as viburnum, may attain new growth reaching from 2" to 4" before removal. But at no
times are shrubs to display a disorderly appearance. 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. Sago palms are to be trimmed a minimum of three times a year, or more often, as needed, 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. Wax myrtles are
to be trimmed aggressively in order to maintain a neat, compact habitat. 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. All
ornamentals that produce any dead fronds (i.e., coontie, sage, aztec grass, holly fern, etc.) are to be
systematically checked and cleaned with special attention to early spring cleanup.
Dead plant material shall be removed immediately during the normal service visit and a report filed with
the City Project Manager detailing the location of removal and species removed.
6.0 PLANT REPLACEMENT
The Contractor shall be responsible for replacing any plant materials that die or become damaged to the
point that the plant grade is less than Florida Number 1 as a result of neglect or damage caused by the
maintenance operation. Replacement material shall be identical to plant species, quality and specifications of the
materials at the time the Toss occurs.
7.0 TREE TRIMMING
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 twelve (12) foot under canopy and pruned just outside the branch collar by the Service
Provider. 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. Sucker growth is to be removed by hand or trimmer from the base of a tree.
Herbicides are not to be used for this purpose. Palms are to be trimmed regularly to ensure the absence of seed
pods and dead or dying fronds dropping to the ground and not as severely as the hurricane cut; using the 9/3 rule.
Ligustrum and Holly trees are to be maintained per industry standards or as specified by City's Representative.
Crape myrtle trees shall be pruned per industry standards (ISA & ANSI) in late February through the first week in
March each year.
Approved traffic (M.U.T.C.D.) warning devices shall be used when necessary to provide safety to persons
and vehicular traffic within any areas undergoing pruning. Work will be scheduled after consulting with the City's
Representative.
8.0 WEEDING
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. 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. All weeds in sidewalks or pavement areas (including curbing)
shall be chemically controlled or removed by hand.
9.0 ANNUALS (Annuals — included at City Hall front sign bed only)
Annuals will be changed four (4) times per year at all designated annual bed areas. Annuals are to be
4" full bloom and must be approved by Owner or City's Representative for each seasonal change variety. A
schedule shall be determined and agreed upon by both Owner and Service Provider. Bed preparations are to
consist of 14 -14 -14 Granular fungicide and Cavalier Subdue GR. along with any added soil preparations or
enhancements needed to facilitate strong healthy growing annuals. Annuals beds are located at the following
areas:
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10.0 IRRIGATION
Complete irrigation inspections shall be performed one (1) time per month at minimum. Details of the
inspection shall be recorded on a log sheet (to be submitted with the monthly billing) and consist of the following:
1. Turning on each zone and inspecting each head for the proper coverage, including straightening,
adjusting the output of water, adjusting spray pattern and unclogging any heads.
2. Repairing broken heads and lateral lines, as necessary.
3. Checking the irrigation controller(s) for proper operation and programming. If there are battery
controllers on the site, check each for battery life and replace at 75% depletion.
4. Checking all zone valves for proper open and closure, making sure to inspect for leaking from the
mainline.
5. Checking water source for leaking and visual inspection of backflow device, if present.
6. Visually inspect turf, planters and trees in irrigated areas for signs of drought stress and effect
adjustments and /or repairs to remedy the issue.
The Service Provider 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 $ 200.00 billed for repairs without VERBAL approval
during the regular monthly scheduled maintenance visit. If there is an additional cost for repairs beyond the
maximum of $200, the Owner or City Representative must be given a verbal report of the repair and costs
involved before the work is to be performed. No payment will be made for heads or parts damaged by the
Service Provider.
Service Provider shall immediately repair any and all damaged property within the areas specified in this
agreement to meet original specifications with commercial quality irrigation parts. All work performed by
Contractor to meet industry standards. All damaged irrigation heads shall be turned in each month along with the
monthly billing in order to qualify for payment.
All labor required to repair or replace defective parts is included in the contract price except when
repairing valves, main lines or lateral lines over 1 / ", clock or wiring problems, or lines under sidewalks or
roadways. Labor cost for these services is established in the bid calculation sheet of SECTION 00300, BID
FORM. Material costs shall be paid on the basis of approved wholesale documented cost plus 15% for overhead
and profit.
Contractor is to immediately notify Owner if a mainline leak is noticed. Should the Service Provider need
to shut down the mainline for any reason, the Owner must be contacted at: (407) 327 -5976.
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SECTION 00300
BID FORM
GENERAL
1.1 Description
The following Bid is hereby made to the City of Winter Springs, hereafter called the OWNER. Bid is
submitted by:
Kirkland's Property Management Services, LLC
(Insert legal name, address, and whether sole proprietorship, partnership or corporation.)
1.2 The Undersigned:
A. Acknowledges receipt of:
1. Project Manual for the City Facilities Landscape Maintenance Services dated January 2011.
2. Drawings
3. General Notes/Details
4. Addenda:
Number , dated
B. Has examined the site and all Bidding Documents and understands that in submitting his Bid, he waives
all right to plead any misunderstanding regarding the same.
C. Agrees:
1. To hold this Bid open for 90 calendar days after the bid opening date.
2. To enter into and execute a contract with the OWNER, if awarded on the basis of this Bid.
3. To accomplish the work in accordance with the contract documents.
1.3 Stipulated Amount
A. Total Base Bid
I will provide the services under this project for the Base Bid Amount of
Twenty thousand twenty - eight and 00/100 Dollars ($ 20,028.00 ).
The Base Bid amount reflects pricing for the following Services (place check mark):
_Landscape & Irrigation Maintenance
The Bidder hereby agrees to perform all work as required by the Contract Documents for the
following Unit Prices. All work required to be performed by the Contract Documents is to be
included within the following Pay Items, inclusive of furnishing all manpower, equipment,
materials and performance of all operations relative to the project. Work for which there is not a
Pay Item will be considered incidental to the Contract and no additional compensation will be
allowed. The Owner, at his sole option and discretion, may choose to add or deduct from the
contract work at the unit prices set forth below. Service Provider shall be paid for actual
quantities completed in accordance with the Contract Documents. The following is the order of
precedence which will be used in case of conflicts within the Bid Schedule provided by each
Bidder. Unit Cost, Total Cost, Total Base Bid (See attached Bid Form).
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1.4 Major Equipment (Not Used)
1.5 Bid Schedule
A. I have attached evidence of qualification and licensing to do business in the State and locality of this
project.
B. I have attached all requested support documentation.
1.6 Submittal
RESPECTFULLY SUBMITTED, this 30th day of January , 2011
Service Provider
By (signature) Title President
Business Address 224 Sterling Rose Court City Apopka State FL Zip 32703
BID CALCULATION SHEET — PART 1
Landscape Maintenance
Item
No,&Descriptlon
Jan 1 thru Dec 31
1. Public Works Admin. Unit Cost /$ 70.00 x 12 Months = $ 840.00 Year
2. City Hall Unit Cost /$ 367.00 x 12 Months = $ 4404.00 Year
3. Police Department Unit Cost /$ 367.00 x 12 Months = $ 4404.00 Year
4. Public Works Compound Unit Cost /$ 117.00 x 12 Months = $ 1404.00 Year
5. Old Water Plant #1 Unit Cost /$ 35.00 x 12 Months = $ 420.00 Year
6. Sheoah Blvd. Plant #2 Unit Cost /$ 65 x 12 Months = $ 1020.0 Year
7. Bahama Plant #3 Unit Cost /$ 35 x 12 Months = $ 420 Year
8. East Water Plant #1 Unit Cost /$ 85 x 12 Months = $ 1020 Year
9. West Waste Water Plant Unit Cost /$ „npn x 12 Months = $ ,run nn Year
10. East Waste Water Plant Unit Cost /$ 170.00 x 12 Months = $ 2040.00 Year
TOTAL COST (A) ' $ 18,012.00 Year
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BID CALCULATION SHEET — PART 2
Irrigation Maintenance
Item
No, &Description
Jan -1 thru Dec 31
1. Public Works Admin. Unit Cost /$ 42.00 x 12 Months = $ 504.00 Year
2. City Hall Unit Cost /$ 42.00 x 12 Months = $ 504.00 Year
3. Police Department Unit Cost /$ 42.00 x 12 Months = $ 504.00 Year
8. East Water Plant #1 Unit Cost /$ 42.00 x 12 Months = $ 504.00 Year
TOTAL COST (B) $ 2016.00 Year
ADD TOTAL COST (A +B): $ 20 02R no GRAND TOTAL PER YEAR.
—Enter this amount on the BID FORM — Sec. 00300 (1.3A)—
BID CALCULATION SHEET — PART 3
UNIT COSTS
The Bidder agrees with all conditions herein stated, proposes to contract, to the Base Bid sums, with the Owner
the following Unit Costs resulting in additions to or deductions from the Base Bid as follows:
UNIT PRICE #1
Additional Mulch Provided & Installed (Pine) $ 42.00 per cubic yd.
UNIT PRICE #2 (Provide and install)
Labor to install 1 Gallon Plant $ 4.00 each
Labor to install 3 Gallon Plant $ 9.85 each
Labor to install 7 Gallon Plant $ 21 5n each
Labor to install 15 Gallon Tree $ ss nn each
Labor to install 30 Gallon Tree $ 130 no each
Installation of 4" Annual $ , 40 each
UNIT PRICE #3
Irrigation Repairs and Troubleshooting beyond Contract Requirements:
Labor (Main Technician) $ 35.00 per hour
Labor (Helper) $ 25.00 per hour
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Additional Material Cost to fumish parts (labor not included):
Rotors — PGP Gear $ g sn each
Pop-Up Sprinklers 6" $ s on each
Pop-Up Sprinklers 12 "$ 6.50 each
Shrub Nozzles $ 2.50 each
Rainbird MC 24 Sta. $ 372.00 each
Zone Valves - 1" $ 12.00 each
Zone Valves - 2" $ 66.00 each
9V Battery $ 1.60 each
TBOS — 4 Sta. $ 91B on each
TBOS —1 Sta. $ 133.00 each
Hunter ICC Controller $ 225.00 each
UNIT PRICE #4
Labor and materials for tree pruning and removal:
Labor (Cutter) $ 48.00 per hour
Labor (Groundsman) $ 95 nn per hour
UNIT PRICE #5 (Materials and labor)
Spraying of Round Up $ in per square foot
Spraying of Growth Inhibitor $ 800 per gallon
UNIT PRICE #6 (Materials and labor)
Sodding - Bahia $ 170.00 per pallet
Sodding — St. Augustine $ 225.00 per pallet
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City of Winter
Springs
Memo
To City Clerk's Office
From: Steven T. Richart, Urban Beautification Manager
CC: Kevin Smith, City Manager
Data 2/1/2011
Re: City Facilities Landscape Maintenance
Dear City Clerks:
Please find three (3) originals of the agreement for our City Facilities Landscape
Maintenance Program. This package requires signature of the City Manager and City Clerk on each
original agreement. Once each original has been executed by all parties, please return two (2) originals
to me and one (1) original should remain with the City Clerk's Office for the files.
Quotes were taken from multiple vendors as follows:
Kirkland's $20,028 Annan $20,760
D&A $25,232.40 Eastwood $33,740
CFL Failed to Bid Dawnalee Failed to Bid
Since the contract award is below the City Manager's Purchasing Authority of $25,000,
this agreement is not required to go before the City Commission. Additionally, the cost of this
agreement will save the City $3,900 as compared to the previous cost.
Thank you very kindly,
Steven T. Richart
Urban Beautification Manager
City of Winter Springs, FL.
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