HomeMy WebLinkAboutKirkland's Property Management Services, LLC -Landscape Maintenance Services - 2012 03 22 pt +n r
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 landscape maintenance services for the Tuskawilla Road, Oak Forest
Wall & Beautification District and Town Center Phase 1, for a limited time period; and
WHEREAS, Service Provider participated in the selection and negotiation process; and
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WHEREAS, Service Provider is willing to provide such landscape maintenance services for the
Tuskawilla Road, Oak Forest Wall & Beautification District and Town Center Phase 1, 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 The term of this Agreement shall be for twelve (12) months, commencing on May 1, 2012, and
terminating at midnight on April 30, 2013, unless either party chooses to exercise its rights under Section 20,
'Termination ". The parties shall have the option to extend the term of this Agreement for five (5) one-year
periods. Any such extension shall be by mutual written agreement of all parties and shall be executed no less
than ninety (90) days prior to the expiration of this Agreement's current term.
The City Manager or the City Manager's designee (hereinafter "City Manager") shall review the
performance of the Service Provider annually at least ninety (90) days prior to the Agreement's anniversary date.
The City manager shall recommend a one (1) year extension or termination. Should the Service Provider and
City agree to extend the Agreement, the Service Provider may, at the option of the City, be entitled to an increase
in rates in an amount not to exceed one half (112) the change in the Consumer Price Index (CPI) for the most
recently available twelve (12) month period for All Urban Consumers (CPI -U) for All Items, U.S. City average,
published by the Bureau of Labor Statistics of the U.S. Department of Labor for 1982 -84, or the successor index
to same. Said increase shall, if approved by the City, become effective beginning with the invoice for work
performed after the start of the new Agreement period.
22 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 /her designee, who is to provide the general administration
of the Agreement.
3.0 SCOPE OF SERVICES
Service Provider shall do, perform, deliver and carry out, in a professional manner, the type of
services as set forth in the "Summary of Work," attached hereto as Exhibit 'A' (Bid# 022012TROFWBD /SR -
Tuskawilla Road and Oak Forest Wall & Beautification District Areas) and Exhibit 'B' (Bid# 022012TCPH1/SR -
Town Center Phase 1) and fully incorporated herein by this reference, including but not limited to the furnishing of
all labor, equipment, tools, materials, and incidentals.
4.0 AMENDMENTS AND MODIFICATIONS
Any cardinal change in the terms and conditions set forth in this Agreement must be mutually
agreed to by both the City and the Service Provider, and may be implemented only after this Agreement has been
amended in writing.
The City reserves the right to make changes in the work, including alterations, reductions therein, or
additions thereto. Upon receipt by the Service Provider of the City's notification of a contemplated change, the
Service Provider shall (1) if requested by the City, provide an estimate for the increase or decrease in cost due to
the contemplated change, (2) notify the City of any estimated change in the completion date, and (3) advise the
City in writing if the contemplated change shall affect the Service Provider's ability to meet the completion dates
or schedules of this Agreement.
If the City so instructs, in writing, the Service Provider shall suspend work on that portion of the work
affected by a contemplated change, pending the City's decision to proceed with the change. If the City elects to
make the change, the City shall issue an Amendment to this Agreement or Change Order and the Service
Provider shall not commence work on any such change until such written amendment or change order has been
issued and signed by each of the parties.
5.0 SCHEDULE
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 apprised of the status of work on at least a monthly basis or as otherwise reasonably requested by the City.
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Should Service Provider fall behind on the established schedule, it shall employ such resources so as to comply
with the schedule. 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 Thirty Seven Thousand Seven Hundred and Sixty Four Dollars
($37,764). 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
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.
6.4 Truth -In- Negotiation Certificate. Signature of this Agreement by the Service Provider shall act
as the execution of a truth -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.
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
The Service Provider shall maintain records on the City's projects, in accordance with generally
accepted accounting principals and practices to substantiate all invoiced amounts. Said records will be available
to the City during the Service Provider's normal business hours for a period of two (2) years after the Service
Provider's final invoice for examination to the extent required to verify the direct costs (excluding established or
standard allowances and taxes) incurred herein. Should such an audit by the City reveal monies owed to the
City, the Service Provider 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 date(s) to the payment by the Service Provider of all monies owed.
9.0 PROFESSIONALISM AND STANDARD OF CARE
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 Providers
profession working in the same or similar locality as Service Provider.
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10.0 SUBMITTAL OF PROGRESS REPORTS
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. Service Provider agrees to provide that information within a
reasonable time period.
11.0 WARRANTY OF PROFESSIONAL SERVICES
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
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.
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
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
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.
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15.0 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. 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
Service Provider shall maintain in full force and effect during the life of the Agreement, Worker's
Compensation insurance coveting all employees in performance of work under the Agreement. Service Provider
shall make this same requirement of any of its subcontractors. Service Provider shall indemnify and save the City
harmless for any damage resulting to them for failure of either Service Provider or any subcontractor to take out
or maintain such insurance.
The following are required types and minimum limits of insurance coverage which the Service Provider agrees to
maintain during the term of this Agreement:
COVERAGE MINIMUM LIMITS
General and Auto Liability $500,000 per person /incident
$1,000,000 incident
Professional Liability (if applicable) $1,000,000
Worker's Compensation Statutory
Neither Service Provider nor any subcontractor shall commence work under this Agreement until they have
obtained all insurance required under this section and have supplied the City with evidence of such coverage in
the form of a Certificate of Insurance and endorsement. The City shall approve such certificates. All insurers shall
be licensed to conduct business in the State of Florida. Insurers must have, at a minimum, a policyholders' rating
of "A ", and a financial class of "VW as reported in the latest edition of Best's Insurance Reports, unless the City
grants specific approval for an exception. All policies provided should be Occurrence, not Claims Made, forms.
The contractor's insurance policies should be endorsed to add the City of Winter Springs as an Additional
Insured. The Service Provider shall be responsible for all deductibles. All of the policies of insurance so required
to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be
cancelled, materially changed or renewal refused until at least thirty (30) calendar days written notice have been
given to the City by certified mail
17.0 COMPLIANCE WITH LAWS AND REGULATIONS
In the performance of work and services under this Agreement, Service Provider agrees to comply
with all Federal, State and Local laws and regulations now in effect, or hereinafter enacted during the term of this
Agreement that are applicable to Service Provider, its employees, agents or subcontractors, if any, with respect to
the work and services described herein.
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. Saki 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
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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
This Agreement may be terminated by the Service Provider 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 Service Provider. It may also be terminated by the City with or without cause immediately
upon written notice to the Service Provider. Unless the Service Provider is in breach of this Agreement, the
Service Provider 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 Service Provider shall:
A. Stop work on the date and to the extent specified by the City.
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.
21.0 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 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
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 in the Middle District of Florida in Orlando, Florida.
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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.
254 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.
28.0 THIRD PARTY RIGHTS
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City
and Service Provider.
27.0 PROHIBITION AGAINST CONTINGENT FEES
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.
28.0 NO JOINT VENTURE
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.
29.0 ATTORNEY'S FEES
If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an
alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the
successful or prevailing party or parties shall be entitled to recover reasonable attomey's fees, court costs, and all
expenses (including taxes) even if not taxable as court costs (Including, without limitation, all such fees, costs and
expenses incident to appeals), incurred in that action or proceeding, In addition to any other relief to which such
party or parties may be entitled.
304 COUNTERPARTS
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.
31.0 DRAFTING
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.
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32.0 NOTICES -
Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed,
postage prepaid to:
For Service Provider:
Kirkland's Property Management Services, LLC.
224 Sterling Rose Court
Apopka, FL 32703
For City:
City of Winter Springs
Urban Beautification Manager
1126 East State Road 434
Winter Springs, FL 32708
Phone: (407) 327 -1800 x315
33.2 Either party may change the notice address by providing the other party written notice of the
change.
34.0 SOVEREIGN IMMUNITY
Notwithstanding any other provision set forth in this Agreement, 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. As such, the City shall not be
liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City
shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred
thousand dollars ($100,000.00), 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 the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive
termination of this Agreement.
35.0 INDEMNIFICATION
35.1 For a ll Servlces 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 attomey'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.
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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.
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 Ste 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.
38.0 NONDISCRIMINATION
The Service Provider 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
physical handicap.
39. ARREARS
The Service Provider 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 Service Provider further warrants and
represents that it has no obligation for indebtedness that would impair its ability to fulfill the terms of this
Agreement.
40. WARRANTY
The Service Provider warrants that skilled and competent personnel to the highest professional standards
in the field shall perform all services.
41. INDEPENDENT CONTRACTOR
The Service Provider agrees that it is an independent contractor with respect to the services provided
pursuant to this Agreement, and not an employee, agent, or servant of the City. Ail persons engaged in any of
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the work or services performed shall at all times, and in all places, be subject to the Service Provider's sole
discretion, supervision, and control. The Service Provider shall exercise control over the means and manner in
which It and its employees perform the work; the City's interest is in the results obtained. Nothing in this
Agreement shall be considered to create the relationship of employer and employee between the parties.
4Z. NONWAJJVER
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.
43. 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 Service Provider hereunder.
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by
their duly authorized representatives as of the date first written above.
SER C PROVIDE
Name (P ted and Signed)
- 3 �� --
Date
CITY:
CITY OF WINTER SPRIN - FLORIDA
A Florida munici al co • - _ • n
K ' L. SMIT
anag r
3 2z / /2--
Da
ATTEST:
•
ANDREA L • RENZO -LUAC S, C Jerk
10
l�S 0 11111- +` r� SECTION 01010
ti (fit ( " S r BID 022012TROFWBD /SR
SUMMARY OF WORK
SCHEDULE OF LANDSCAPE MAINTENANCE SERVICES
MAINTENANCE CODE FREQUENCY
1. MOW A. WEEKLY
2. TRIM HEDGES B. BI- WEEKLY
3. WEEDEATER C. MONTHLY
4. MULCH -3" DEEP (NOV/DEC) D. SEMI - ANNUAL
5. EDGING E. AS NEEDED
6. WEEDING F. ANNUALLY
7. PRUNING G. 3-4 TIMES A YEAR
8. TRASH PICK -UP H. BI- MONTHLY
9. CHEMICAL PROGRAM (AS PER SECTION 01100 -11) 1. AS REQUESTED
10. ANNUALS J. PER PROGRAM
11. CUTTING OF NATIVE GRASSES (CUT BACK NO MORE THAN 50% - GROWING SEASON)
12. IRRIGATION MAINTENANCE
13. TRIMMING / CLIPPING OF JASMINE VINES
14. TRiMMING OF CRAPE MYRTLE TREES
MAINTENANCE /FREQUENCY CODE SEASONAL VARIATION
A B
MONTH MONTH
SECTION # AND DESCRIPTION 03/01 THRU 09/30 10/01 THRU 02/28
1 a. Tuskawilla Road ROW 1A,3A,5A,6A,7E, 1B,3B,5E,6B,7E
8A 8A,14F
1 b. Tuskawilla Road MEDIANS 1 A,2B,3A,5A,6A,7E, 1 B,2E,3B,4F,5E,6B,
8A,9J,101,11 G,12J 7E,8A,9J,101,12J,14F
2. NOT USED
3a. Oak Forest Entrances 1A,2B,3A,5A,6A,7E, 1B,2E,3B,4F,5B,6B,7E,
8A,9J,10G,12J,13G 8A,9J,10G,12J,14F
3b. Oak Forest Wall 2B,3B,5B,6A,7E,8A, 2C,3E,4F,5E,6B,7E,8A
(BEDS ONLY) 9J,12J,13G, 9J,12J,13G,14F
LOCATIONS AND SCOPE (See Maps at the end of this manual.)
la. RIGHTS of WAY (MAPS #1,2,3 — Shown in RED)
East — SR 434 south to Lord of Life Church, south from wall at Trotwood Blvd to and including power
easement as well as the right of way in front of the Arbor Glen Subdivision.
West — SR 434 south to Tuskawilla Trail (including ROW and berm just south of the Church of the New
Covenant). MAPS #1,2,3.
1b. MEDIANS (MAPS #1,2,3 — Shown in GREEN)
On Tuskawilla Road - From SR 434 south to end of median cut at Church of the New Covenant (800
Tuskawilla Rd). Irrigation on the center medians is operated by multiple TBOS battery controllers. MAPS
#1,2,3.
21
2. NOT USED
3a. ENTRANCES - Oak Forest (MAPS #1,2,3 - Shown in RED)
Forest Creek Drive - 50' north and south of sign wall on west side of Tuskawilla Road. and north and
south sides on Forest Creek Drive to Benchwood Ct and Benchwood Dr.
Trotwood Blvd. - 50' north and south of sign wall on west side of Tuskawilla Road and north and south
sides of Trotwood Blvd to N. Endeavour Dr. and S. Endeavour Dr. including center median.
Winter Springs Blvd. - 50' north and south of sign wall on west side of Tuskawilla Road. and north and
south sides of Winter Springs Blvd (south side to end of sign wall at 1067 WS Blvd, north side to1054
W.S. Blvd. including accessible area at perimeter of pond) and (2) center medians. Irrigation on the
center medians is operated by multiple TBOS battery controllers.
Oak Forest Drive - 50' north and south of sign wall on west side of Tuskawilla Road and north and south
sides of Oak Forest Dr way to Chokecherry Dr and Chokecherry Ct.
3b. OAK FOREST WALL (MAPS #1,2,3 - Shown in RED)
The entire length of the Oak Forest wall along Tuskawilla Road, directly along the wall where plants,
shrubs, and vines are planted. Wall boundaries are from Tuskawilla Office Park to New Covenant
Church, not including the section of wall owned and maintained by Grand Reserve. Backside of wall not
included. (Irrigation — Spray heads are along entire length of wall and bubbler heads on Oak trees located between
Trotwood and Tuskawilla Office Park, all included. Timers are located at the entrances to Oak Forest at Winter
Springs Blvd. and Trotwood Blvd. entrances. All four entrances have irrigation on these timers.)
* *Note: Rights of Way (ROW) to be maintained are normally from (including) the roadway curb inward to the
extent of public property which will usually be defined by a fence, wall, back of sidewalk, or utility boxes. It
can vary in certain areas from 5' to 30' or more. If you are unsure, please ask.
1. GENERAL
1.1 Work Covered by Agreement Documents
A. The work to be performed under this Agreement consists of landscape maintenance services for
Tuskawilla Road and Oak Forest Wall and Beautification District. Perform all work in
accordance with the Agreement 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 Agreement Documents or not.
B. The Contractor shall be obligated, at its expense, immediately or promptly to repair to the City's
Representative's satisfaction, any damage to exterior plantings, or irrigation systems or any other
property within the areas specified in this agreement. In the event the contractor has not repaired
any such damage within reasonable time, as determined by the City's Representative, the City
may repair such damage and deduct such cost from the next payment due to the Contractor. The
Contractor shall be liable to the City for any such cost in excess of the amount deducted by the
City.
C. The Contractor shall be obligated to immediately notify the City Representative verbally and
follow in writing within twenty-four (24) hours after the event of any damage which the Contractor
discovers, or should have discovered in the exercise of reasonable care, whether or not such
damage was caused by the Contractor.
22
D. Prior to the commencement of work on this Agreement, 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 of the condition survey
which shall describe the condition and location of all unhealthy plants
E. During the 30 day period preceding the expiration of the term of this Agreement, or in the event
of an earlier termination a 30 day period following the termination, a final condition survey may be
made jointly by the City Representative and the Contractor. This survey shall establish a punch
list of plantings and material that do not meet the specifications and that must be replaced prior to
the final completion of the Agreement. If the plantings and materials so identified are not
replaced, an appropriate amount shall be withheld from the final payment.
2. AGREEMENT
2.1 General
A. This project shall be maintained under a unit price Agreement.
B. The project as shown on the Drawings and described in these specifications constitutes the work
to be performed under this Agreement.
3. SAFETY REQUIREMENTS
3.1 General
A. Any equipment and tools used in performing the work under this Agreement shall conform to the
Florida Department of Transportation - Manual of Uniform Traffic Devices.
B. Equipment shall be maintained in good repair, shall be fueled on concrete surfaces only, and
shall be provided with the proper noise reduction and safety devices as prescribed by the
Occupational Safety and Health Administration (OSHA).
C. 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.
** *End of Section * **
23
SECTION 01100
TECHNICAL SPECIFICATIONS
SPECIFIC TASKS
Unless otherwise specified in Section 01010 - SCHEDULE OF LANDSCAPE MAINTENANCE
SERVICES, the following specifications and service frequencies shall apply to work provided under this proposal.
1.0 MOWING
The mowing of all grassed areas shall be no less than once every seven (7) days in the heavy growing
season. Mowing shall be no less than bi- weekly, or as instructed by the City's Representative, during the
dormant growing season. Dormant and growing seasons are dictated by the weather and therefore may change
per the City's Representative, but otherwise shall be:
Heavy Growing Season - March 1 thru September 30.
Dormant Growing Season — October 1 thru February 28.
All Bahia grassed areas will be mowed to a height of 3" inches on average, and all 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. At no time shall more than one -third (1/3) of the leaf surface be removed in one
mowing.
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 5 hours.
2.0 MULCHING
Mulching to be performed at during the dormant season (November /December) as per the service
schedule 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.
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
riot to inflict damage of any kind to structure, equipment or tree.
24
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
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.
Jasmine vine on the walls shall be trimmed back on a regular basis so as not to grow past columns,
appear leggy, and present an uneven appearance. Trimming shall occur with hedge trimmers and weed eaters
shall not be used for trimming jasmine vine.
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 loss occurs.
7.0 TREE TRIMMING
All trees are to be trimmed as often as necessary to meet public safety requirements and comply with ISA
industry standards. 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 seven (7) 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 trimmed
at the end of February or early March, just after the threat of freezing temperatures has passed. Branches shall
be trimmed as per acceptable industry standards.
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.
25
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 are to be changed as needed and as determined by Owner or City's Representative for each
seasonal change. 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.
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 50% 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. A visual `ride through' of all irrigated areas
shall be done each week during the growing season and bi- weekly during the dormant
season.
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 $ 250.00 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 $250, 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 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 (all hours).
'!3
26
11. CHEMICAL PROGRAM
This project manual is designed to allow for a customized chemical program for the property with the
minimum requirements being pre - defined by the City. Therefore, we are asking that you tailor your
comprehensive program to the specific field requirements of the property and provide the highest quality program
for each area based on the context and reputation of Winter Springs being a premier community in Seminole
County. Keep in mind that you will be required to re -treat areas that do not respond to your initial applications, at
no additional charge, in addition to the potential of plant and sod replacements as a result of an uncontrolled
program.
FERTILIZATION /PEST CONTROL- TURF
The chemical program shall meet or exceed the University of Florida Cooperative Extension Services
yearly Calendar for sod care and culture, and good horticultural practices standards. The program shall be based
on soil samples taken at random from various areas of the site, in sufficient number so as to be characteristic of
the areas to be treated. The cost of the securing and analyzing the soil samples shall be included in the bid. The
results of the soils sampling shall be reported to the City representative after each sample is taken and no Tess
that once per calendar year.
Soil amendments, fertilizer, nutrients, pesticides, fungicides, pre - emergents, post - emergents, and any
other chemicals deemed proper, beneficial or are required to maintain the turf and plant material by the
Contractor shall be included in the chemical program at no additional cost. Fertilizers shall always contain minor
elements.
A minimum of six (6) fertilizations (2 granular) and insect and disease applications shall be applied on all
St. Augustine grass annually at approximately two -month intervals, at minimum. Additional spot treatments may
be needed in certain areas throughout the year due to various conditions that may occur such as chinch bug or
brown leaf spot outbreaks. Such additional treatments shall be deemed to be included in the contract price.
One (1) fertilization (granular) shall be applied to all irrigated Bahia grass (if applicable) annually in mid-
summer (unless otherwise specified). No chemical application shall be made to non - irrigated Bahia grass. Spot
treatments of insecticide and /or fungicide may be necessary throughout the year due to varying field conditions.
Such additional treatments shall be deemed to be included in the contract price.
Applications of fertilizer shall follow, at minimum, Cooperative Extension Service suggested guidelines
and sound horticultural practices for each applicable turf variety. Any turf areas or landscape materials damaged
as a result of over - fertilization or lack of chemical application, including large areas of uncontrolled chinch bug
damage, will be re- established to an acceptable condition or replaced by Contractor.
SPECIFIC TURF CARE
• St. Augustine
This specific program 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.
• Bahiagrass
This specific program 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.
FERTILIZATION /PEST CONTROL -TREES AND SHRUBS
The spraying of irrigated shrubs (and trees Tess than 4" caliper) shall be done in accordance with F.S.
Chapter 482 Pest Control and suggested methods of the Cooperative Extension Service. A minimum of three (3)
27
applications (2 granular) of fertilization, insect, and disease control material shall be applied to irrigated shrubs
(and trees Tess than 4" caliper) during the contract period. A minimum of one (1) application (granular) of
fertilization shall be applied to non - irrigated shrubs (and trees Tess than 4" caliper) during the contract period.
Additional spot treatments deemed to be necessary for the effective control of harmful disease and insect
infestations shall be applied as needed. These additional applications shall be deemed to be included in the
contract price.
PLANT REPLACEMENT
The Contractor shall be responsible for replacing any plant materials or sod areas that die or become
damaged as a result of neglect or damage by the Fertilization, Pest, or Disease Control Program operation.
Replacement material shall be identical to plant species, quality, and specifications of the materials at the time the
loss occurs.
TURF, TREE, AND SHRUB CARE PROGRAM
TURF ANALYSIS
Lawn analysis reports are to be provided to the City Representative at each service. Items to be
evaluated are as follows:
Overall Turf Condition
Color, grade, density, and maintenance condition
Thatch
Thatch problem evident,
Thatch present, but no problem at this time,
No thatch problem,
Renovation recommended, and Vertical Cutting recommended
Presence of Grass -type Weeds
Annual bluegrass, Quackgrass
Crabgrass, Sandbur
Dallisgrass, Sedges, and
Goosegrass, Smutgrass
Presence of Broadleaf Weeds
Betony, Knotweed, Beggarwood,
Black Medic, Lespendeza, Thistle,
Buttonweed, Matchweed, Henbit,
Centella, Oxalis, Spurge,
Chickweed, Plantain, Ground Ivy.
Dandelion, Pusley,
Dollarweed, Purslane,
Detection of Insects
Armyworm, Fire Ant, White Grub,
Chinch Bug, Mole Cricket, Ox Beetle
Cutworm Sod Webworm..
Detection of Diseases
Brown Patch, Fairy Ring,
Dollar Spot, Leaf Spot,
28
Grey Leaf Spot, Necrotic Ring Spot,
Pythium Blight Root Rot.
TREATMENT
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 Representative to ensure eradication of disease or pest
problems. Subsequent visits, if necessary, are to be scheduled until the problems no longer exist.
DAMAGE /REPLACEMENT
Damage to materials and any required replacements are to be addressed no later than twenty (20) days
from the date of detection and notification from the City.
PROJECT PROGRAM
The turf program will consist of both pre and post emergent weed controls, fertilizer with potash,
micronutrients and iron to encourage proper growth, root development and maintain a lush, green conditions that
is expected. In addition, a disease, weed, pest and fungal control program shall be instituted that includes but is
not limited to: treatment for broadleaf weeds, a blanket insecticide control to target specific pest populations
especially sod webworm, chinch bugs and mole crickets, and a target specific fungicide for infected materials.
Chemicals for crabgrass treatment are changing and new applications approved for treatment of crabgrass may
be used as needed and /or specified by the City of Winter Springs.
The ornamental program will consist of insect controls to effectively control sucking and piercing insects
such as aphids, lace bugs, whitefly, scale and trips. The insect control will be a combination of a granular
systemic control, and liquid insecticides. Fertilization of micronutrients and iron shall be used consisting of a
specially blended slow release granular fertilizer for timely feedings of plants. Liquid tree injections may be done
on an as needed basis.
The Contractor must stagger the treatments of turf and ornamental applications so that a technician will
review the property twelve (12) times per year. Service Provider shall notify the City's Project Manager at least
(48 hours) prior to any chemical application under this agreement. After each treatment is performed, a detailed
report shall be submitted to the Owner /Representative along with the monthly billing for and discussion.
* *End of Section **
29
SECTION 01150
METHOD OF MEASUREMENT AND BASIS OF PAYMENT
UNIT PRICE BID
1. GENERAL
A. Payment for all work done in compliance with the Contract Documents, inclusive of furnishing all
manpower, equipment, materials, and performance of all operations relative to execution of this
project, will be made under Pay Items established in the Bid Form. Work for which there is not a
Pay Item will be considered incidental to the Contract and no additional compensation will be
allowed.
B. The Owner reserves the right to alter the Drawings, modify incidental work as may be necessary,
and increase or decrease the work to be performed to accord with such changes, including
deductions or additions to the scope of work outlined in the Contract Documents. Changes in the
work shall not be considered as a waiver of any conditions of the Contract nor invalidate any
provisions thereof. Changes resulting in changes in the scope or quantities of Work or time or
other conditions of work will be basis for consideration of a Change Order, which is to be
negotiated and executed before proceeding with the work.. Work which has not been authorized
by a written Change Order will not be subsequently considered for additional payment.
C. If the Service Provider makes a claim for an extra or additional cost, and requests a Change
Order be issued prior to performing the work, and the OWNER renders a decision denying such
request, the Service Provider must notify the Owner in writing within 3 days of the time that the
Service Provider is informed of the Owner's. decision. Otherwise the OWNER will not consider
any such difference as a claim for a Change Order or additional payment or time. Any such
written notice received by the Owner from the Service Provider within the 3 -day period shall be
just reason for the Owner to re- evaluate his previous decision.
2. PAY ITEMS
The unit and Lump Sum prices stated in the Contract to be paid for respective items shall be payment
in full for the completion of all work, specified and described to be included in the respective items,
complete and ready for use and operation, including testing, as shown on the Drawings and as
specified. Payment will be made under each item only for such work as is not specifically included
under other items.
3. SUBMITTAL OF PROGRESS REPORTS
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 in not sufficient in the City's 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. Any other
reports deemed necessary or set forth in this Agreement shall also accompany application for
payment.
30
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33
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 Kirldand's Property Management Services, LLC
(Insert legal name, address, and whether sole proprietorship, partnership, limited liability company or
corporation.)
1.2 The Undersigned:
A. Acknowledges receipt of
1. Project Manual for Landscape Maintenance Services — TUSKAWILLA ROAD AND OAK FOREST
WALL & BEAUTIFICATION DISTRICT AREAS dated February 2012 (022012TROFWBD/SR).
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 up to 90 calendar days after the bid opening date.
2. To accept the provisions of the Instructions to Bidders regarding disposition of Bid Security.
3. To enter into and execute a contract with the OWNER, if awarded on the basis of this Bid.
4. To accomplish the work in accordance with the contract documents.
5. Your company must bid the complete program for landscape maintenance, irrigation and chemical
applications to be considered.
1.3 Stipulated Amount
A. Base Bid
I will provide the services under this project for the Base Bid Amount of
Thirty-two thousand sixty -four & 00/100 Dollars ($ 32,064 ).
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, indusive of fumishing 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).
3
BID CALCULATION SHEET — SECTION 0300 (cont.)
Bid Number 022O12TROFWBD /SR
TUSKAWILLA ROAD AND OAK FOREST WALL & BEAUTIFICATION
DISTRICT AREAS LANDSCAPE MAINTENANCE SERVICES
I am fully aware of all conditions affecting such work/items for which bids were advertised.
Kirldand's Property Management Services, LLC (Owner / Rep.) does hereby submit the following bid for
completion of said work/item.
Total bid price for Landscape Maintenance Services TUSKAWILLA ROAD AND OAK FOREST WALL &
BEAUTIFICATION DISTRICT AREAS per specifications is as follows:
SECTION DESCRIPTION MONTHLY COST X NUMBER OF MONTHS
Landscape Maintenance 1/1 thru 12/30
t 6v
1. Tuskawilla Rd ROW & Medians $ 1,382.00 x 12 = $ 16,584.00 -1 6
2. Oak Forest Entrances (4) / Wall $ 1,290.00 x 12 = $ 15,480.00 J /// JOc
CE I rrvfq) N
LANDSCAPE MAINTENANCE TOTAL $ '00 G9v,'
lc � fur
�qr
Irrigation Maintenance 1/1 thru 12/30._ t� ,
1. Tuskawilla Rd Medians $ incl x 12 = $
2. Oak Forest Entrances (4) / Wall $ incl x 12 = $
IRRIGATION MAINTENANCE TOTAL $ Intl 3 i 1 f
Chemical Program 1/1 thru 12/30
1. Tuskawilla Rd Medians $ incl x 12 = $
2. Oak Forest Entrances (4) / Wall $ incl x 12 = $
CHEMICAL PROGRAM TOTAL $ Intl
GRAND TOTAL $ 32064.00
°"" Note: There is no irrigation or chemical service along the Tuskawilla Road ROW from SR 434 (going south) to New
Covenant Church, except along the Oak Forest Wall (& entrances) which is shown as #3 above. Each section ( #1, #2 and #3)
shall be treated as a separate project and billed on a separate invoice. There is irrigation and chemical service for the medians
on Tuskawilla Road.
5
UNIT COSTS:
The Bidder agrees with all conditions herein stated, proposes to contract to the Base Bid sums,
with the Owner the following Unit Material costs shall be paid on the basis of approved pricing resulting
in additions to or deductions from the Base Bid as follows:
PER REQUEST /ADDITIONAL ITEMS
UNIT PRICE CATEGORY #1
Additional Mulch — Fumish & install (pine bark) $ 45.00 per cubic foot
UNIT PRICE CATEGORY #2
Irrigation Repairs and Troubleshooting
Labor $ 35.00 per hour
UNIT PRICE CATEGORY #3
Additional Material Cost to fumish only
Rotors (PGP) $ cost + 15% each
Pop -Up Sprinklers (4 ") $ " 11 each
Pop -Up Sprinklers (6 ") $ " each
Pop -Up Sprinklers (12 ") $ " each
Shrub Spray Nozzle $ " " each
Valves - 3/4" $ " each
Valves - 1" $ " each
Valves - 1 -1/2" $ " " each
Valves - 2" $ " each
11 11
TBOS Controller (2 zone) $ each
TBOS Controller (4 zone) $ " " each
9v Battery $ each
UNIT PRICE CATEGORY #4
Additional Material Cost to fumish and install materials:
1 Gal. $ 500 each
3 Gal. $ 10.00 each
15 Gal. $ 33.00 each
Annuals $ 1.70 each
Sod — St. Augustine Sod (pallet) $ 350.00 each
** *End of Section***
6
1
W_ L SECTION 01010
Pw BID 022012TCPH1 /SR
SUMMARY OF WORK
SCHEDULE OF LANDSCAPE MAINTENANCE SERVICES
MAINTENANCE CODE FREQUENCY
1. MOW A. WEEKLY
2. TRIM HEDGES B. BI- WEEKLY
3. WEEDEATER C. MONTHLY
4. MULCH -3" DEEP (NOV/DEC) D. SEMI - ANNUAL
5. EDGING E. AS NEEDED
6. WEEDING F. ANNUALLY
7. PRUNING G. 3-4 TIMES A YEAR
8. TRASH PICK -UP H. BI- MONTHLY
9. CHEMICAL PROGRAM SAS PER SECTION 01100 -11) I. AS REQUESTED
10. ANNUALS J. PER PROGRAM
11. CUTTING OF NATIVE GRASSES (CUT BACK NO MORE THAN 50% - GROWING SEASON)
12. IRRIGATION MAINTENANCE
13. TRIMMING / CLIPPING OF JASMINE VINES
14. TRIMMING OF CRAPE MYRTLE TREES
MAINTENANCE /FREQUENCY CODE SEASONAL VARIATION
A B
MONTH MONTH
SECTION # AND DESCRIPTION 03/01 THRU 09/30 10/01 THRU 02/28
2. Town Center Ph1 ROW 1A,2B,3A,5B,6A,7E 1 B,2E,3B,4F,5E,6E,7E,
8A,9J,12J 8A,9J,12J,14F
LOCATIONS AND SCOPE (See Maps at the end of this manual.)
2. TOWN CENTER PH1 (MAP #4 — Shown as red lines)
Rights of Way (ROW) from Tuskawilla Road north of SR 434 to Cross Seminole Trail, including the center
median at Market Square and the fountain area at Magnolia Square. ROW along the entire length of
Blumberg Boulevard and along Doran Drive from SR 434 to 25' past Blumberg Blvd. Irrigation is
operated by a standard irrigation timer at Market Square and at Building 1 Sidewalk with multiple TBOS
battery controllers for all other ROW areas. * *The medians on Blumberg are not included in this project.
* *Note: Rights of Way (ROW) to be maintained are normally from (including) the roadway curb inward to the
extent of public property which will usually be defined by a fence, wall, back of sidewalk, or utility boxes. It
can vary in certain areas from 5' to 30' or more. If you are unsure, please ask.
1. GENERAL
1.1 Work Covered by Agreement Documents
A. The work to be performed under this Agreement consists of landscape maintenance services for
Town Center Phase 1. Perform all work in accordance with the Agreement 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 Agreement
Documents or not.
B. The Contractor 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
21
any such damage within reasonable time, as determined by the City's Representative, the City
may repair such damage and deduct such cost from the next payment due to the Contractor. The
Contractor shall be liable to the City for any such cost in excess of the amount deducted by the
City.
C. The Contractor shall be obligated to immediately notify the City Representative verbally and
follow in writing within twenty -four (24) hours after the event of any damage which the Contractor
discovers, or should have discovered in the exercise of reasonable care, whether or not such
damage was caused by the Contractor.
D. Prior to the commencement of work on this Agreement, 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 of the condition survey
which shall describe the condition and location of all unhealthy plants
E. During the 30 day period preceding the expiration of the term of this Agreement, or, in the event
of an earlier termination a 30 day period following the termination, a final condition survey may be
made jointly by the City Representative and the Contractor. This survey shall establish a punch
list of plantings and material that do not meet the specifications and that must be replaced prior to
the final completion of the Agreement. If the plantings and materials so identified are not
replaced, an appropriate amount shall be withheld from the final payment.
2. AGREEMENT
2.1 General
A. This project shall be maintained under a unit price Agreement.
B. The project as shown on the Drawings and described in these specifications constitutes the work
to be performed under this Agreement.
3. SAFETY REQUIREMENTS
3.1 General
A. Any equipment and tools used in performing the work under this Agreement shall conform to the
Florida Department of Transportation - Manual of Uniform Traffic Devices.
B. Equipment shall be maintained in good repair, shall be fueled on concrete surfaces only, and
shall be provided with the proper noise reduction and safety devices as prescribed by the
Occupational Safety and Health Administration (OSHA).
C. 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.
** *End of Section * **
22
SECTION 01100
TECHNICAL SPECIFICATIONS
SPECIFIC TASKS
Unless otherwise specified in Section 01010 - SCHEDULE OF LANDSCAPE MAINTENANCE
SERVICES, the following specifications and service frequencies shall apply to work provided under this proposal.
1.0 MOWING
The mowing of all grassed areas shall be no less than once every seven (7) days in the heavy growing
season. Mowing shall be no less than bi- weekly, or as instructed by the City's Representative, during the
dormant growing season. Dormant and growing seasons are dictated by the weather and therefore may change
per the City's Representative, but otherwise shall be:
Heavy Growing Season - March 1 thru September 30.
Dormant Growing Season — October 1 thru February 28.
All Bahia grassed areas will be mowed to a height of 3" inches on average, and all 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. At no - time shall more than one -third (1/3) of the leaf surface be removed in one
mowing.
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 5 hours.
2.0 MULCHING
Mulching to be performed at during the dormant season (November /December) as per the service
schedule 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
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.
23
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
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.
Jasmine vine on the walls shall be trimmed back on a regular basis so as not to grow past columns,
appear leggy, and present an uneven appearance. Trimming shall occur with hedge trimmers and weed eaters
shall not be used for trimming jasmine vine.
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
industry standards. 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 seven (7) 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 trimmed
at the end of February or early March, just after the threat of freezing temperatures has passed. Branches shall
be trimmed as per acceptable industry standards.
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.
24
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 (Not included in base bid)
Annuals are to be changed as needed and as determined by Owner or City's Representative for each
seasonal change. 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.
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 50% 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. A visual 'ride through' of all irrigated areas
shall be done each week during the growing season and bi- weekly during the dormant
season.
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 $ 250.00 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 $250, 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 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 (all hours).
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11. CHEMICAL PROGRAM
This project manual is designed to allow for a customized chemical program for the property with the
minimum requirements being pre- defined by the City. Therefore, we are asking that you tailor your
comprehensive program to the specific field requirements of the property and provide the highest quality program
for each area based on the context and reputation of Winter Springs being a premier community in Seminole
County. Keep in mind that you will be required to re -treat areas that do not respond to your initial applications, at
no additional charge, in addition to the potential of plant and sod replacements as a result of an uncontrolled
program.
FERTILIZATION /PEST CONTROL TURF
The chemical program shall meet or exceed the University of Florida Cooperative Extension Services
yearly Calendar for sod care and culture, and good horticultural practices standards. The program shall be based
on soil samples taken at random from various areas of the site, in sufficient number so as to be characteristic of
the areas to be treated. The cost of the securing and analyzing the soil samples shall be included in the bid. The
results of the soils sampling shall be reported to the City representative after each sample is taken and no Tess
that once per calendar year.
Soil amendments, fertilizer, nutrients, pesticides, fungicides, pre - emergents, post - emergents, and any
other chemicals deemed proper, beneficial or are required to maintain the turf and plant material by the
Contractor shall be included in the chemical program at no additional cost. Fertilizers shall always contain minor
elements.
A minimum of six (6) fertilizations (2 granular) and insect and disease applications shall be applied on all
St. Augustine grass annually at approximately two -month intervals, at minimum. Additional spot treatments may
be needed in certain areas throughout the year due to various conditions that may occur such as chinch buq or
brown leaf spot outbreaks. Such additional treatments shall be deemed to be included in the contract price.
One (1) fertilization (granular) shall be applied to all irrigated Bahia grass (if applicable) annually in mid -
summer (unless otherwise specified). No chemical application shall be made to non - irrigated Bahia grass. Spot
treatments of insecticide and /or fungicide may be necessary throughout the year due to varying field conditions.
Such additional treatments shall be deemed to be included in the contract price.
Applications of fertilizer shall follow, at minimum, Cooperative Extension Service suggested guidelines
and sound horticultural practices for each applicable turf variety. Any turf areas or landscape materials damaged
as a result of over - fertilization or lack of chemical application, including large areas of uncontrolled chinch bug
damage, will be re- established to an acceptable condition or replaced by Contractor.
SPECIFIC TURF CARE
• St. Augustine
This specific program 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.
• Bahiagrass
This specific program 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.
FERTILIZATION /PEST CONTROL - TREES AND SHRUBS
The spraying of irrigated shrubs (and trees Tess than 4" caliper) shall be done in accordance with F.S.
Chapter 482 Pest Control and suggested methods of the Cooperative Extension Service. A minimum of three (3)
26
applications (2 granular) of fertilization, insect, and disease control material shall be applied to irrigated shrubs
(and trees less than 4" caliper) during the contract period. A minimum of one (1) application (granular) of
fertilization shall be applied to non - irrigated shrubs (and trees less than 4" caliper) during the contract period.
Additional spot treatments deemed to be necessary for the effective control of harmful disease and insect
infestations shall be applied as needed. These additional applications shall be deemed to be included in the
contract price.
PLANT REPLACEMENT
The Contractor shall be responsible for replacing any plant materials or sod areas that die or become
damaged as a result of neglect or damage by the Fertilization, Pest, or Disease Control Program operation.
Replacement material shall be identical to plant species, quality, and specifications of the materials at the time the
loss occurs.
TURF, TREE, AND SHRUB CARE PROGRAM
TURF ANALYSIS
Lawn analysis reports are to be provided to the City Representative at each service. Items to be
evaluated are as follows:
Overall Turf Condition
Color, grade, density, and maintenance condition
Thatch
Thatch problem evident,
Thatch present, but no problem at this time,
No thatch problem,
Renovation recommended, and Vertical Cutting recommended
Presence of Grass - type Weeds
Annual bluegrass, Quackgrass
Crabgrass, Sandbur
Dallisgrass, Sedges, and
Goosegrass, Smutgrass
Presence of Broadleaf Weeds
Betony, Knotweed, Beggarwood,
Black Medic, Lespendeza, Thistle,
Buttonweed, Matchweed, Henbit,
Centella, Oxalis, Spurge,
Chickweed, Plantain, Ground Ivy.
Dandelion, Pusley,
Dollarweed, Purslane,
Detection of Insects
Armyworm, Fire Ant, White Grub,
Chinch Bug, Mole Cricket, Ox Beetle
Cutworm Sod Webworm.
Detection of Diseases
Brown Patch, Fairy Ring,
Dollar Spot, Leaf Spot,
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Grey Leaf Spot, Necrotic Ring Spot,
Pythium Blight Root Rot.
TREATMENT
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 Representative to ensure eradication of disease or pest
problems. Subsequent visits, if necessary, are to be scheduled until the problems no longer exist.
DAMAGE /REPLACEMENT
Damage to materials and any required replacements are to be addressed no later than twenty (20) days
from the date of detection and notification from the City.
PROJECT PROGRAM
The turf program will consist of both pre and post emergent weed controls, fertilizer with potash,
micronutrients and iron to encourage proper growth, root development and maintain a lush, green conditions that
is expected. In addition, a disease, weed, pest and fungal control program shall be instituted that includes but is
not limited to: treatment for broadleaf weeds, a blanket insecticide control to target specific pest populations
especially sod webworm, chinch bugs and mole crickets, and a target specific fungicide for infected materials.
Chemicals for crabgrass treatment are changing and new applications approved for treatment of crabgrass may
be used as needed and /or specified by the City of Winter Springs.
The ornamental program will consist of insect controls to effectively control sucking and piercing insects
such as aphids, lace bugs, whitefly, scale and trips. The insect control will be a combination of a granular
systemic control, and liquid insecticides. Fertilization of micronutrients and iron shall be used consisting of a
specially blended slow release granular fertilizer for timely feedings of plants. Liquid tree injections may be done
on an as needed basis.
The Contractor must stagger the treatments of turf and ornamental applications so that a technician will
review the property twelve (12) times per year. Service Provider shall notify the City's Project Manager at least
(48 hours) prior to any chemical application under this agreement. After each treatment is performed, a detailed
report shall be submitted to the Owner /Representative along with the monthly billing for analysis and discussion.
* *End of Section **
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SECTION 01150
METHOD OF MEASUREMENT AND BASIS OF PAYMENT
UNIT PRICE BID
1. GENERAL
A. Payment for all work done in compliance with the Contract Documents, inclusive of furnishing all
manpower, equipment, materials, and performance of all operations relative to execution of this
project, will be made under Pay Items established in the Bid Form. Work for which there is not a
Pay Item will be considered incidental to the Contract and no additional compensation will be
allowed.
B. The Owner reserves the right to alter the Drawings, modify incidental work as may be necessary,
and increase or decrease the work to be performed to accord with such changes, including
deductions or additions to the scope of work outlined in the Contract Documents. Changes in the
work shall not be considered as a waiver of any conditions of the Contract nor invalidate any
provisions thereof. Changes resulting in changes in the scope or quantities of Work or time or
other conditions of work will be basis for consideration of a Change Order, which is to be
negotiated and executed before proceeding with the work.. Work which has not been authorized
by a written Change Order will not be subsequently considered for additional payment.
C. If the Service Provider makes a claim for an extra or additional cost, and requests a Change
Order be issued prior to performing the work, and the OWNER renders a decision denying such
request, the Service Provider must notify the Owner in writing within 3 days of the time that the
Service Provider is informed of the Owner's decision. Otherwise the OWNER will not consider
any such difference as a claim for a Change Order or additional payment or time. Any such
written notice received by the Owner from the Service Provider within the 3 -day period shall be
just reason for the Owner to re- evaluate his previous decision.
2. PAY ITEMS
The unit and Lump Sum prices stated in the Contract to be paid for respective items shall be payment
in full for the completion of all work, specified and described to be included in the respective items,
complete and ready for use and operation, including testing, as shown on the Drawings and as
specified. Payment will be made under each item only for such work as is not specifically included
under other items.
3. SUBMITTAL OF PROGRESS REPORTS
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 in not sufficient in the City's 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. Any other
reports deemed necessary or set forth in this Agreement shall also accompany application for
payment.
MAP # 4
Service area extends along Tuskawilla Road going North to Cross Seminole Trailhead (East Side).
29
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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: Kirkiand's Property Management Services, LLC
(Insert legal name, address, and whether sole proprietorship, partnership, limited liability company or
corporation.)
1.2 The Undersigned:
A. Acknowledges receipt of:
1. Project Manual for Landscape Maintenance Services — TOWN CENTER PHASE 1 - dated February
2012 (022012TCPH1 /SR).
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 up to 90 calendar days after the bid opening date.
2. To accept the provisions of the Instructions to Bidders regarding disposition of Bid Security.
3. To enter into and execute a contract with the OWNER, if awarded on the basis of this Bid.
4. To accomplish the work in accordance with the contract documents.
5. Your company must bid the complete program for landscape maintenance, irrigation and chemical
applications to be considered.
1.3 Stipulated Amount
A. Base Bid
I will provide the services under this project for the Base Bid Amount of:
Five thousand seven hundred & 00/100 Dollars ($ 5,700.00 )
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 fumishing 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).
3
1.4 Major Equipment (Not Used)
1.5 Bid Schedule
A. Proposals (Bids) must be submitted on the Bid Form.
B. I have attached evidence of qualification and licensing to do business in the State and locality of this
project.
C. I have attached a list of all subcontractors I will utilize for the Contract work.
D. I have induded all required licensing including my pest control license, irrigation and all applicable
certifications.
1.6 Submittal
RESPECTFULLY SUBMITTED, signed . • le .'s 28th day of February , 2012.
ioe provider =_� —••■
By (signature) Title President
Business_ Address 4 Sterling Rose Court City Apopka
State FL Zip 32703 Phone 407 -880 -1542
ATTEST: SECRETARY DATE: 2/28/12
AFFIX CORPORATE SEAL
** If your company is an L.L.C., please note that fact in the box.
L.L.C.
4
BID CALCULATION SHEET — SECTION 0300 (cont.)
Bid Number 022O12TCPH1/SR
TOWN CENTER PHASE 1
LANDSCAPE MAINTENANCE SERVICES
I am fully aware of all conditions affecting such work/items for which bids were advertised.
Kiridand's Property Management Services, LLC (Owner / Rep.) does hereby submit the following bid for
completion of said work/item.
Total bid price for Landscape Maintenance Services TOWN CENTER PHASE 1 per specifications is as
follows:
SECTION DESCRIPTION MONTHLY COST X NMBER OF MONTHS
Landscape Maintenance 1/1 thru 12/30
1. Town Center Phase 1 $ 475.00 x 12 = $ 5,700.00
LANDSCAPE MAINTENANCE TOTAL $ 5,700.00
Irrigation Maintenance 1/1 thru 12/30
1. Town Center Phase 1 $ loci x 12 = $
IRRIGATION MAINTENANCE TOTAL $ Intl
Chemical Program 1/1 thru 12/30
1. Town Center Phase 1 $ loci X 12 = $
CHEMICAL PROGRAM TOTAL $ Ind
GRAND TOTAL $ 5,700.00
5
City of Winter
Springs
Memo
To: City Clerk's Office
From: Steven T. Richart, Urban Beautification Manager
CC: Kevin Smith, City Manager
Date: 3/21/2012
Re: Tuskawilla Road, Oak Forest Wall and Town Center Landscape Maintenance
Dear City Clerks:
Please find attached three (3) originals of an agreement for the Tuskawilla Road, Oak Forest
Wall and Town Center PH1 Landscape Maintenance Program. Kirkland's Property Management was
approved unanimously by the City Commission on March 12, 2012 under agenda item C -210. The
hiring of Kirkland's for this project will result in a savings of more than $4,500 annually as compared to
the previous contracts.
This package requires signature of the City Manager and City Clerk on each original agreement.
Once each original has been signed and executed, please return two (2) originals to me and one (1)
original should remain with the City Clerk's Office for the files. The City Attomey's office provided the
most current template for this agreement.
Thank you very kindly,
4 19 , / .
Steven T. Richart
Urban Beautification Manager
City of Winter Springs, FL.
1