HomeMy WebLinkAboutNatures Care Landscape Maint. Service Contract 2024 01 06CITY OF WINTER SPRINGS
LANDSCAPE MAINTENANCE SERVICES CONTRACT
THIS LANDSCAPE MAINTENANCE SERVICES CONTRACT ("Contract" or
"Agreement") is made this �_ day of , 2024 ("Effective Date"), by and between
the CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, whose address
is 1126 East State Road 434, Winter Springs, Florida 32708 ("City") and Nature's Care Orlando,
LLC, a Florida Limited Liability Company, whose principal address is 747 Commerce Blvd. A,
Longwood, FL 32750 ("Contractor").
WHEREAS, the City wishes to obtain landscape maintenance services on a continuing
basis;
WHEREAS, Contractor participated in the selection and negotiation process for landscape
maintenance services ("RFP 09-23-04 LH");
WHEREAS, Contractor is willing to provide landscape maintenance services under the
terms and conditions stated herein; and
WHEREAS, the City and Contractor desire to set forth their mutual understanding of
terms and conditions of their agreement as set forth herein.
IN CONSIDERATION of the mutual promises and understanding contained in this
Contract, the City and Contractor hereby agree as follows:
1. GENERAL PROVISIONS:
a. Recitals. The foregoing recitals are deemed to be true and accurate and are fully
incorporated herein by reference.
b. Engagement. The City hereby engages Contractor and Contractor agrees to perform
the Services outlined in this Agreement for the stated fee arrangement. No prior or
present agreements or representations shall be binding upon any of the parties
hereto unless incorporated in this Agreement.
c. Due Diligence. Contractor acknowledges that it has investigated prior to the
execution of this Agreement and satisfied itself as to the conditions affecting the
Services, the availability of materials and labor, the cost thereof, the requirements
to obtain necessary insurance as set forth herein, and the steps necessary to
complete the Services within the time set forth herein. Contractor warrants unto
the City that it has the competence and abilities to carefully and faithfully complete
the Services within the time set forth herein. Contractor will perform its Services
with due and reasonable diligence consistent with sound professional practices.
2. DESCRIPTION OF SERVICES TO BE PROVIDED:
a. The following service areas (collectively "Service Areas"), as further described in
Exhibit "A," attached hereto and fully incorporated herein by this reference, are
hereby established:
i.
Service Area 1: Cross Seminole Trail and Bridges (within city limits)
("Service Area 1").
City of Winter Springs Landscape Maintenance Services Contract 1 of 25
ii. Service Area 2: Tuskawilla Lighting and Beautification District, Oalc
Forest Assessment District locations and Tuskawilla Road (South of State
Road (SR) 434) ("Service Area 2").
iii. Setvice Area 3: Blumberg Boulevard, North Tuskawilla Road (North of SR
434) and Market Square ("Setvice Area 3").
b. The Contractor shall do, perform, deliver and carry out, in a professional manner,
the type of landscape maintenance services as set forth in the "Scope of Worlc,"
attached hereto as Exhibit "A," including but not limited to the fiunishing of all
materials, equipment, tools, labor, and incidentals, unless otherwise expressly
agreed to by the City.
c. Prior to the commencement of Services provided in accordance with this
Agreement, the Contractor and the City of Winter Springs Landscape Manager
("City Project Manager") may perform a video or photo survey of the conditions of
all exterior conditions at each of the designated areas covered by this Agreement.
The Contractor and the City Project Manager shall jointly prepare and sign a written
report of the survey which shall describe the condition and location of all unhealthy
plants.
d. The Contractor shall immediately notify the City Project Manager verbally, and
follow in writing within twenty-four (24) hours, of any damage which the
Contractor discovers, whether or not such damage was caused by the Contractor.
e. The Contractor shall be obligated to immediately or promptly repair, in accordance
with Exhibit "A", to the City's satisfaction, any damage to exterior plantings,
irrigation systems, or any other property within the areas specified in this
Agreement. In the event the Contractor has not repaired any such damages within
a reasonable time, as determined by the City, the City may repair such damage and
deduct such cost from the next payment due to the Contractor. The Contractor shall
be liable to the City for any such costs in excess of the amount deducted by the
City.
f. During the 30-day period preceding the expiration of the term of this Agreement,
or, in the event of an earlier termination, during the 30-day period following the
date of termination, the Contractor and the City Project Manager may perfar-m a
video or photo survey of the final conditions of all exterior conditions at each of
the designated areas covered by this Agreement. Said survey shall establish a
punch list of plantings and materials that do not meet the specifications and
standards found acceptable to the City and that must be replaced by the Contractor.
If the plantings and materials so identified are not replaced by the Contractor, the
cost of replacement shall be withheld from the City's final payment to the
Contractor.
3. PERIOD OF PERFORMANCE: The initial term of this Contract shall be from January
1, 2024 through December 31, 2026, unless sooner terminated or extended as provided
herein.
a. The parties shall have the option to extend the tezm of this Contract for two (2)
extension periods of one (1) year, or portions thereof. Such contract extensions shall
City of Winter Springs Landscape Maintenance Services Contract 2 of 25
be subject to mutual agreement and upon the same terms and conditions as stated
herein, except that the Contractor may request a price adjustment no later than 60
days prior to the termination of the initial period of performance consistent with the
latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U)
published by the Bureau of Labor Statistics, U.S. Department of Labor, (U.S. City
Average; All items, not seasonally adjusted, 1982-1984=100 reference base), not
to exceed three percent (3%), which shall be memorialized in writing and executed
by both parties hereto. Said increase shall become effective beginning with the
invoice for work performed after the start of the new Agreement period.
b. The Contractor shall respond in writing within fifteen (I S) calendar days following
receipt of the City request for extension.
4. METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF
CONTRACTOR:
a. Compensation for Base Maintenance Services. In exchange for the services
provided pursuant to Section 2 of this Contract and identified in the Scope of Work
(Exhibit "A" attached hereto) as "required services" for the respective Service
Areas, the City shall pay the Contractor the yearly base maintenance amounts as
follows:
i. Service Area 1: Forty -Six Thousand Six -Hundred and Eight -Four Dollars
and 00/100 ($46,684.00).
ii. Service Area 2: One Hundred and Twenty -Eight Thousand, Five Hundred
Dollars ($128,528.00).
iii. Service Area 3: Fifty -Two Thousand, Five Hundred and Fifty -Two Dollars
and 00/100 ($52,552.00).
This will be the total compensation paid to the Contractor except for payments, if
any made under subparagraphs 4.b. or 4. c.
b. Compensation for Identified Services outside of the Base Maintenance
Services. For Services identified by the Scope of Worlc to be outside of the monthly
Base Maintenance Services (see Exhibit "A"), Contractor shall be compensated as
provided for by the Contractor's Cost Proposal Worlcsheet, attached hereto as
Exhibit "B" and incorporated herein by this reference.
c. Compensation for Additional Services. From time to time during the tei7n of this
Agreement, City may request that Contractor perform additional services related to
but not specifically required under the Agreement. For any such additional services
agreed upon by the City and Contractor in writing, City agrees to pay Contractor a
total amount equal to that mutually agreed upon by the parties in writing.
d. Truth -In -Negotiation Certificate. Signature of this Agreement by the Contractor
shall act as the execution of atruth-in-negotiation certificate certifying that the
wage and rates and costs used to determine the compensation provided for in this
Agreement are accurate, complete, and current as of the date of the Agreement.
5. PAYMENTS: Upon receipt of a proper invoice from Contractor, the City agrees to pay
the Contractor the invoice amount providing said amount accurately reflects the terms and
City of Winter Springs Landscape Maintenance Services Contract 3 of 25
conditions of this Agreement. Invoices may only be submitted on a monthly basis unless
otherwise agreed by the City. Unless otherwise agreed in writing by the City, there shall
be no other compensation paid to the Contractor and its principals, employees, and
independent professional associates and consultants in the performance of Services under
this Agreement. The City agrees to make all payments due within thirty (30) days of receipt
of a proper invoice delivered by Contractor. The Contractor may only bill the City for
achial work performed Full payment to the Contractor will be made only after work is
satisfactorily performed. Payments will be considered timely if made by the City in
accordance with the Local Government Prompt Payment Act.
6. RIGHTS AND OBLIGATIONS: All rights and obligations of the parties to this contract
will be subject to and governed by the terms of this Contract, and RFP 09-23-04 LH —
Landscape Maintenance Services which is fully incorporated herein by this reference.
a. In the event of an inconsistency in this Contract, unless otherwise provided herein,
the inconsistency shall be resolved by giving precedence in the following order: (1)
Addenda to this Contract subsequent to the Effective date of this Contract (2) terms
of this Contract; (3) Exhibit A, Landscape Maintenance and Services Scope of
Work; (4) Exhibit B, Cost Proposal Worksheets and (5) RFP 09-23-04 LH —
Landscape Maintenance Services.
7. SCHEDULE: Contractor shall perform Services in confoi7nance with the schedule
reasonably established by the City Project Manager and set forth in RFP 09-23-04 LH
Landscape Maintenance Service and as listed in Exhibit "A" Landscape Maintenance and
Services Scope of Work.
a. No extension for completion of services shall be granted to the Contractor without
City's prior written consent.
8. RIGHT TO INSPECTION:
a. City or its affiliates shall at all times have the right to review or observe the services
performed by Contractor.
b. No inspection, review, or observation shall relieve Contractor of its responsibility
under this Agreement.
9. AUDIT AND INSPECTIONS: The Contractor shall maintain records on the City's
projects, in accordance with generally accepted accounting principles and practices to
substantiate all invoiced amounts. Said records shall be kept and made available to the
City in accordance with Section 20. m. (Public Records) herein. The Contractor may be
audited by the City in relation to this Agreement at the City's discretion. Should such an
audit by the City reveal monies owed to the City, the Coni�•actor shall reimburse the City
for the cost of the audit and pay the principal overcharge amount owed the City plus interest
accrued at the prime interest rate in effect on the date of discovery. Said interest rate shall
apply to the principal overcharge amount revealed in the audit for the period from the
original payment due dates) to the payment by the Contractor of all monies owed.
10. PROFESSIONALISMANb STANDARD OF CARE: Contractor shall do, perform and
carry out in a professional manner all Services required to be performed by this Agreement.
Contractor shall also use the degree of care and skill in performing the Services that are
City of Winter Springs Landscape Maintenance Services Contract 4 of 25
ordinarily exercised under similar circumstances by reputable members of Contractor's
profession working in the same or similar locality as Contractor.
11. WARRANTY OF PROFESSIONAL SERVICES: The Contractor (for itself and any of
its employees, contractors, partners, and agents used to perform the Services) hereby
warrants unto the City that all of its employees (and those of any of its contractors, partners,
and agents used to perform the Services) have sufficient experience to properly complete
the Services specified herein or as may be performed pursuant to this Agreement. In pursuit
of any Services, the Contractor shall supervise and direct the Services, using its best skill
and attention and shall enforce strict discipline and good order among its employees. The
Contractor shall comply with all laws, ordinances, rules, regulations, and lawful orders of
any public authority bearing on the performance of the Services.
12. SUBMITTAL OF PROGRESS REPORTS: Contractor shall submit a monthly written
progress report as to the status of all work set forth in this Contract. The report shall, in
sufficient manner, demonstrate that any funds expended were used to provide the agreed -
upon scope of work. If the detail is not sufficient the City Project Manager's reasonable
discretion to permit the City to determine the work performed or the manner in which it is
being performed the City may seek more detail from the Contractor. Progress reports shall
be submitted with the invoice for monthly maintenance services.
13. PROGRESS MEETINGS: City Project Manager may hold periodic progress meetings
on a monthly basis, or more frequently if required by the City, during the term of work
entered into under this Contract. Contractor's Project Manager and all other appropriate
personnel shall attend such meetings as designated by the City Project Manager.
a. The Contractor may be required to attend District Board or City Commission
meetings held at the City of Winter Springs, City Hall Commission Chambers.
14. INSURANCE: Without limiting any of the other obligations or liabilities of Contractor,
Contractor shall, at its sole expense, procure, maintain and keep in force adequate amounts
and types of insurance conforming to the minimum requirements set forth below. The
insurance shall become effective prior to the commencement of work by Contractor and
shall be maintained in force until final completion. The Certificate of Insurance must be
made to the City of Winter Springs, 1126 East State Road 434, Florida, 32708 and should
reference the operation and shall name the City as an additional insured. Prior to renewal,
non -renewal, cancellation, or change or modification of any insurance policy, at least 30
days advance written notice shall be given to the City of Winter Springs. All insurance
required herein shall be written as primacy policies, not contributing to or in excess of any
coverage that the City may cai7y. The insurance carriers shall have a minimum of B+rating
based on the latest rating publication for Property and Casualty Insurers such as A.M. Best
Company (or its equivalent). All insurers must be lawfully admitted to conduct business
within the State of Florida. The amounts and types of insurance shall conform to the
following minimum requirements:
i. Worker's Compensation. Shall cover Contractor and subcontractors to the
fullest extent of the minimum coverage amounts required by law.
ii. Commercial General Liability. Minimum limit of $1 Million per occui�ence
and $3 Million aggregate for bodily injury and property damage liability;
City of Winter Springs Landscape Maintenance Services Contract 5 of 25
this coverage shall also include: Premises and Operations liability;
Completed Operations/Product liability; Contractual liability; and,
coverage of Contractor's subcontractors and Independent Contractors.
iii. Commercial Automobile Liability. Minimum limit of $1 Million, covering
any auto including owned, non -owned, hired or leased. In the event
Contractor owns no automobiles, the Commercial Auto Liability
requirement shall be amended allowing Contractor to maintain only Hired
& Non -Owned Auto Liability. If vehicles are acquired throughout the term
of the contract, Contractor agrees to purchase "Owned Auto" coverage as
of the date of acquisition. This amended requirement may be satisfied by
way of endorsement to the Commercial General Liability, or a separate
Commercial Auto coverage form.
Contractor expressly understands and agrees that any insurance protection required by this
Agreement or otherwise provided by Contractor shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the City or its officers, employees, agents
and instrumentalities as herein provided.
15. INDEMNIFICATION:
a. For all Services performed pursuant to this Agreement, the Contractor agrees to the
fullest extent permitted by law, to indemnify and hold harmless the City and its
commissioners, employees, officers, and city attorneys (individually and in their
official capacity) from and against all claims, losses, damages, personal injuries
(including but not limited to death), or liability (including reasonable attorneys fees
through any and all administrative, trial and appellate proceedings), directly or
indirectly arising from:
i. any default under this Agreement by Contractor;
ii. any negligent act, omission or operation of work related to all Services
performed under this Agreement by Contractor, and its employees,
principals, agents, independent contractors, and. consultants;
iii. the acts, errors, omissions, intentional or otherwise, arising out of or
resulting fi•om Contractor's and its employees, partners, contractors, and
agents on the performance of the Services being performed under this
Agreement;
iv. Contractor's, and its employees', partners', contractors', and agents'
failures) to comply with the provisions of any federal, state, or local laws,
ordinance, or regulations applicable to Contractor's and its employees',
partners', contractors', and agents' performance under this Agreement; and
v. any fraud and misrepresentation conducted by Contractor and its
employees, partners, contractors, and agents on the City under this
Agreement.
b. The indemnification provided above shall obligate the Contractor to defend at its
own expense or to provide for such defense, at the option of the City, as the case
may be, of any and all claims of liability and all suits and actions of every name
City of Winter Springs Landscape Maintenance Services Contract 6 of 25
and description that may be brought against the City or its commissioners,
employees, officers, and City Attorney which may result from any negligent act,
omission or operation of work related to the Services under this Agreement
whether the Services be performed by the Contractor, or anyone directly or
indirectly employed by them. In all events the City and its commissioners,
employees, officers, and City Attorney shall be permitted to choose legal counsel
of its sole choice, the fees for which shall be reasonable and subject to and included
with this indemnification provided herein.
16. SAFETY: Precautions shall be exercised at all times for the protection of all persons
(including the City's employees) and property. The safety provisions of all applicable
laws, regulations, and codes shall be observed. Hazards arising from the use of vehicles,
machinery, and equipment shall be guided or eliminated in accordance with the highest
accepted standard of safety. Contractor shall be solely and absolutely responsible and
assume all liability for the safety and supervision of its principals, employees, contractors,
and agents while performing Services provided hereunder
17. CORPORATE REPRESENTATIONS OF CONTRACTOR: Contractor
hereby represents and warrants to the City the following:
a. Contractor is duly registered and licensed to do business in the State of
Florida and is in good standing under the laws of Florida, and is duly
qualified and authorized to carry on the functions and operations set
forth in this Agreement.
b. The undersigned signatory for Contractor has the power, authority, and
the legal right to enter into and perform the obligations set forth in this
Agreement and all applicable exhibits thereto, and the execution,
delivery, and performance hereof by Contractor has been duly
authorized by the board of directors and/or president of Contractor. In
support of said representation, Contractor agrees to provide a copy to
the City of a corporate certificate of good standing provided by the State
of Florida prior to the execution of this Agreement.
c. Contractor is duly licensed under all local, state and federal laws to
provide the Services stated in paragraph 2.0 herein. In support of said
representation, Contractor agrees to provide a copy of all said licenses
to the City prior to the execution of this Agreement.
18. TERMINATION: This Agreement maybe terminated by the Contractor upon thirty (30)
days prior written notice to the City in the event of substantial failure by the City to perform
in accordance with the terms of this Agreement through no fault of the Contractor. It may
also be terminated by the City with or without cause immediately upon written notice to
the Contractor. Unless the Contractor is in breach of this Agreement, the Contractor shall
be paid for services rendered to the City's satisfaction through the date of termination.
After receipt of a Termination Notice and except as otherwise directed by the City, the
Contractor shall:
a. Stop work on the date and to the extent specified by the City.
City of Winter Springs Landscape Maintenance Services Conh•act 7 of 25
b. Terminate and settle all orders and subcontracts relating to the performance of the
terminated work.
c. Transfer all work in process, completed work and other material related to the
terminated work to the City or approved designee.
d. Continue and complete all parts of the work that have not been terminated.
19. NOTICES: All projects, notices, demands, requests, instructions, approvals, and claims
shall be in writing. All notices of any type shall be given by U.S. mail or by hand delivery
to an individual authorized to receive mail for the below listed individuals, all to the
following individuals at the following locations:
For Contractor:
Nature's Care Orlando, LLC,
747 Commerce Blvd. A
Longwood, FL 32750
Phone: � 2,1 � 3 l (o — y � `� �"
Facsimile: 3 21- 2 g5 =Z.1 S-1
For City:
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Phone: (407) 327-1800
Facsimile: (407) 327-4753
Notice shall be deemed to have been given and received on the date the notice is physically
received if given by hand delivery, or if notice is given by first class U.S. mail, postage
prepaid, then notice shall be deemed to have been given upon the date said notice was
deposited in the U.S. Mail addressed in the manner set forth above. Any party hereto by
giving notice in the manner set forth may unilaterally change the name of the person to
whom notice is to be given or the address at which notice is to be received.
Either party may change the notice address by providing the other party written notice of
the change.
20. GENERAL TERMS AND CONDITIONS:
a. ADVANCE PAYMENTS PROHIBITED: No payment in advance or in
anticipation of services to be provided under this contract shall be made by the City.
b. AGREEMENT INTERPRETATION:
i. At its discretion, during the course of the work, should any errors,
ambiguities, or discrepancies be found in the Agreement or specifications,
the City at its sole discretion will interpret the intent of the Agreement and
work descriptions and the Contractor hereby agrees to abide by the City's
City of Winter Springs Landscape Maintenance Services Contract 8 of 25
interpretation and agrees to carry out the work in accordance with the
decision of the City.
ii. When the material, article, oa• equipment is designated by a brand name and
more than one brand name is listed, it will be understood that the work is
based on one brand name only. The Contractor will be responsible for all
coordination necessary to accommodate the material, article, or equipment
being provided without additional cost to the City. A substitute material,
article, or equipment is allowed if it is reasonably equivalent to the brand
name specified. The City has full discretion to decide whether a substitute
is reasonably equivalent. Contractor must notify the City prior to use of the
substitute for a specified brand name and allow the City to make a
determination before Contractor uses the substitute.
c. ARREARS: The Contractor shall not pledge the City's credit or make it guarantor
of payment or surety for any contract, debt, obligation, judgment, lien or any form
of indebtedness. The Contractor fin-ther warrants and represents that it has no
obligation for indebtedness that would impair its ability to fulhll the terms of this
Agreement.
d. ASSIGNMENT:
i. The Contractor shall not assign or subcontract this Agreement, or any rights
or any monies due or to become due hereunder without the prior, written
consent of City. Nothing under this Agreement shall be construed to give
any rights or benefits in this Agreement to anyone other than City and
Contractor, and all duties and responsibilities under this Agreement will be
for the sole and exclusive benefit of City and Contractor and not for the
benefit of any other party.
ii. If upon receiving written approval from City, any part of this Agreement is
subcontracted by Contractor, Contractor shall be fully responsible to City
for all acts and/or omissions performed by the subcontractor as if no
subcontract had been made.
iii. If City determines that any subcontractor is not performing in accordance
with this Agreement, City shall so notify Contractor who shall take
immediate steps to remedy the situation.
iv. If any part of this Agreement is subcontracted by Contractor, prior to the
commencement of any Services by the subcontractor, Contractor shall
require the subcontractor to provide City and its affiliates with insurance
coverage as set forth by the City.
e. CHANGES AND MODIFICATIONS: Any change or modification to this
Contract must be in writing and signed by both parties.
£ COMPLIANCE WITH LAWS AND REGULATIONS: In the performance of
work and services under this Agreement, Contractor agrees to comply with all
Federal, State and Local laws and regulations now in effect, or hereinafter enacted
during the tei7n of this Agreement that are applicable to Contractor, its employees,
City of Winter Springs Landscape Maintenance Services Contract 9 of 25
agents or subcontractors, if any, with respect to the work and services described
herein.
g. INDEPENDENT CONTRACTOR: The Contractor and his or her employees or
agents performing under this contract are not employees or agents of the City. The
Contractor will not hold himself/herself out as nor claim to be an officer or
employee of the City by reason of this contract. With regard to any and ail Services
performed hereunder, it is specifically understood and agreed to by and between
the parties hereto that the contractual relationship between the City and Contractor
is such that the Contractor is an independent contractor and not an agent of the City.
The Contractor, its contractors, partners, agents, and their employees are
independent contractors and not employees of the City. Nothing in this Agreement
shall be interpreted to establish any relationship other than that of an independent
contractor, between the City, on one hand, and the Contractor, its contractors,
partners, employees, or agents, during or after the performance of the Services
under this Agreement.
h. GOVERNING LAW: This Agreement is made and shall be interpreted, construed,
governed, and enforced in accordance with the laws of the State of Florida. Venue
for any state action or litigation shall be Seminole County, Florida. The parties
agree that the Agreement was consummated in Seminole County, and the site of
the Services is Seminole County. Venue for any federal action or litigation shall
be the Middle District of Florida, Orlando Division.
i. ATTORNEY'S FEES: Should any litigation arise concerning this Agreement
between the parties, the parties agree to bear their own costs and attorneys fees.
j. LICENSING, ACCREDITATION AND REGISTRATION: The Contractor
shall comply with all applicable local, state and federal licensing, accreditation, and
registration requirements/standards, necessary for the performance of this contract.
lc. NONDISCRIMINATION: The Contractor warrants and represents that it
complies with all Federal and State requirements concerning fair employment and
will not discriminate by reason of race, color, religion, sex, age, national origin, or
disability
1. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS: In the event of
the Contractors noncompliance or refusal to comply with any nondiscrimination
law, regulation or policy in the administration of this contract, this contract maybe
rescinded, canceled or terminated in whole or in part, and the Contractor may be
declared ineligible for further contracts with the City. The Contractor shall,
however be given a reasonable time in which to cure such noncompliance.
m. PUBLIC RECORDS: Pursuant to Section 119.0701, Florida Statutes and other
applicable public records law, the Contractor agrees that any records, documents,
transactions, writing, papers, letters, computerized information and programs,
maps, books, audio or video tapes, films, photographs, data processing software,
writing or other material(s), regardless of the physical form, characteristics, or
means of transmission, of the Contractor related directly or indirectly, to the
services provided to the City under this Contract and made or received pursuant to
City of Winter Springs Landscape Maintenance Services Contract 10 of 25
law or ordinance or in connection with the transaction of official business by the
City, maybe deemed to be a public record, whether in the possession or control of
the City or the Contractor. Said records, documents, transactions, writings, papers,
letters, computerized information and programs, maps books, audio or video tapes,
films, photographs, data processing software, writings or other material(s),
regardless of the physical forms, characteristics, or means of transmission of the
Contractor are subject to provisions of Chapter 119, Florida Statutes, and may not
be destroyed without the specific written approval of the City's designated
custodian of public records.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER ll9, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT
CUSTODIAN OF PUBLIC RECORDS, THE CITY CLERK, AT
CITYCLERKDEPARTMENT(u�,WINTERSPRINGSFL.ORG
The Contractor is required to and agrees to comply with public records laws. The
Contractor shall keep and maintain all public records required by the City to
perform the services agreed to herein. The Contractor shall provide the City, upon
request from the City Clerk, copies of the requested records or allow the records to
be inspected or copied within a reasonable time at a cost that does not exceed the
cost provided by law. The Contractor shall ensure that public records that are
exempt or confidential and are exempt from public records disclosure requirements
are not disclosed except as authorized by law for the duration of the Contractor
term. Upon completion of the Contract, the Contractor shall transfer to the City, at
no cost, all public records in possession of the Contractor, provided the transfer is
requested in writing by the City Cleric. Upon such transfer, the Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. However, if the City Clerk does not
request that the public records be transferred, the Contractor shall continue to keep
and maintain the public records upon completion of the Contract and shall meet all
applicable requirements for retaining public records. All records stored
electronically must be provided to the City, upon request from the City Cleric, in a
format that is comparable with the information technology systems of the City.
Should the City not possess public records relating to this Contract which are
requested to be inspected or copied by the City or any other person, the City shall
immediately notify the Contractor of the request and the Contractor shall then
provide such records to the City or allow the records to be inspected or copied
within a reasonable time. If the Contractor does not comply with a public records
request, the City may enforce this Section to the extent permitted by law. The
Contractor acknowledges that if the Contractor does not provide the public records
to the City within a reasonable time, the Contractor may be subject to penalties
under Section 119.10, Florida Statutes. The compel production of public records
relating to this Contract, the court may assess and award against the Contractor the
reasonable costs of enforcement, including reasonable attorney fees. All public
records in connection with this Contract shall, at any and all reasonable time during
City of Winter Springs Landscape Maintenance Services Contract ll of 25
the normal business hours of the Contractor, be open and freely exhibited to the
City for the purpose of examination, audit or otherwise. Failure by the Contractor
to grant such public access and company with public records laws and/or requests
shall be grounds for immediate unilateral cancellation of this Contract by the City
upon delivery of a written notice of cancellation. If the Contractor fails to comply
with this Section, and the City must enforce this Section, or the City suffers a third
party award of attorneys fees and/or damages for violating Chapter ll9, Florida
Statutes, due to the Contractor's faihu•e to company with this Section, the City shall
collect from the Contractor prevailing party attorneys fees and costs and any
damaged incurred by the City, for enforcing this Section against the Contractor.
And, if applicable, the City shall also be entitled to reimbursement of all attorneys'
fees and damages which the City had to pay a third party because of the
Contractor's failure to comply with this Section. The terms and conditions set form
in this Section shall survive the termination of this Contract.
n. REGISTRATION WITH DEPARTMENT OF REVENUE: The Contractor
shall complete registration with the State of Florida Department of Revenue and be
responsible for payment of all taxes due on payments made under this contract.
o. SAFEGUARDING OF INFORMATION: The use or disclosure by the
Contractor of any information obtained as a result of performance under this
contract concerning the City for any purpose not directly connected with the
administration of the City or the Contractor's responsibilities with respect to
services provided under this contract is prohibited except by written consent of the
City.
p. SEVERABILITY: If any provision of this contract or any provision of any
document incorporated by reference shall be held invalid, such invalidity shall not
affect other provisions of this contract which can be given effect without the invalid
provision, and to this end the provisions of this contract delated severable.
q. FORCE MAJEURE: Any delay or failure of either party in the performance of its
required obligations hereunder shall be excused if and to the extent caused by acts
of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except
involving Contractors labor force); extraordinary breakdown of or damage to City's
affiliates' generating plants, their equipment, or facilities; court injunction or order;
federal and/or state law or regulation; order by any regulatory agency; or cause or
causes beyond the reasonable control of the party affected; provided that prompt
notice of such delay is given by such party to the other and each of the parties
hereunto shall be diligent in attempting to remove such cause or causes. If any
circumstance of Force Majeure remains in effect for sixty days, either party may
terminate this Agreement.
r. TREATMENT OF ASSETS:
i. Title to all property furnished by the City shall remain in the City.
ii. Title to all property fiu-nished by the Contractor shall remain in the
Contractor.
City of Winter Springs Landscape Maintenance Services Contract 12 of 25
iii. Any property of the City furnished to the Contractor shall, unless otherwise
provided herein, be used only for the performance of this Contract during
the period the Contract is in force.
iv. The Contractor shall be responsible for any loss or damage to property of
the City (including all related expenses) which results from negligence of
the Contractor.
v. Upon the loss of destruction of, or damage to, any City property the
Contractor shall notify the City thereof and shall take reasonable steps to
protect the property from further damage.
vi. The Contractor shall surrender to the City all property of the City prior to
settlement upon completion, termination or cancellation of this Contract.
s. THIRD PARTY RIGHTS: Nothing in this Agreement shall be construed to give
any rights or benefits to anyone other than City and Contractor.
t. WAIVER: No inspection by the City, nor any payment for or acceptance of the
whole or part of the items in this Agreement, nor any extension of time, nor any
possession taken by the City of the product or services hereunder shall operate as a
waiver of (1) any provision of this Agreement, (2) the right to have it fully
performed, (3) any power herein reserved by the City or (4) any right to damages
under this Agreement. No waiver of any breach of this Agreement shall be held to
be a waiver of any other breach. Failure of City to insist upon perfarmance within
any time period or upon a proper level or quality of performance shall not act as a
waiver of City's right to later claim a failure to perform by Contractor.
u. E-VERIFY:
i. Pursuant to section 448.095, Florida Statutes, contractors, which shall
include Contractor, shall register with and use the U.S. Department of
Homeland Security's E-Verify system, https://e-verify.uscis. ov�/emp, to
verify the work authorization status of all employees hired on and after
January 1, 2021.
ii. Subcontractors
1. Contractor shall also require all subcontractors performing work
under this Agreement to use the E-Verify system for any employees
they may hire during the term of this Agreement.
2. Contractor shall obtain fi•om all such subcontractors an affidavit
stating the subcontractor does not employ, contract with, or
subcontract with an unauthorized alien, as defined in section
448.095, Florida Statutes.
3. Contractor shall provide a copy of all subcontractor affidavits to the
City upon receipt and shall maintain a copy for• the duration of the
Agreement.
iii. Contractor must provide evidence of compliance with section 448.095,
Florida Statutes. Evidence shall consist of an affidavit from the Contractor
City of Winter Springs Landscape Maintenance Services Conh•act 13 of 25
stating all employees hired on and after January 1, 2021 have had their work
authorization status verified through the E-Verify system and a copy of
their proof of registration in the &Verify system.
iv. Failure to comply with this provision is a material breach of the Agreement,
and shall result in the immediate termination of the Agreement without
penalty to the City. Contractor shall be liable for all costs incurred by the
City securing a replacement Agreement, including but not limited to, any
increased costs for the same services, any costs due to delay, and rebidding
costs, if applicable.
v. EXCLUSIVITY: This is not an exclusive Agreement. The City may, at its sole
discretion, contract with other entities for work similar to that to be performed by
the Contractor hereunder.
w. SOVEREIGN IMMUNITY: Notwithstanding any other provision set forth in this
Agreement to the contrary, the City intends to avail itself of the benefits of Section
768.28, Florida Statutes and any other statutes and common law governing
sovereign immunity to the fullest extent possible. Neither this provision nor any
other provision of this Agreement shall be construed as a waiver of the City's right
to sovereign immunity under Section 768.28, Florida Statutes, or other limitations
imposed on the City's potential liability under state or federal law. Contractor
agrees that City shall not be liable under this Agreement for punitive damages or
interest for the period before judgment. Further, City shall not be liable for any
claim or judgment, or portion thereof, to any one person for over two hundred
thousand dollars ($200,000.00), or" any claim or judgment, or portion thereof,
which, when totaled with all other claims or judgments paid by the State or its
agencies and subdivisions arising out of the same incident or occurrence, exceeds
three hundred thousand dollars ($300,000.00). Nothing in this Agreement is
intended to inure to the benefit of any third party for the purpose of allowing any
claim which would otherwise be barred under the doctrine of sovereign immunity
or by operation of law. This paragraph shall survive termination of this Agreement.
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by
their duly authorized representatives as of the date first written above.
THE CITY Ol� WINTER SPRINGS: NATUIj�'S CARE
H
Date
City Manager JAl1V� BEA
2 / �
Date
LLC
Managirfg Member
City of Winter Springs Landscape Maintenance Services Contract 14 of 25
Exhibit A:
Landscape Maintenance Services —Scope of Work
1. DEFINITIONS
The definitions below describe the City's expectation for maintenance. These defntions are
applicable to all service areas; unless the service area description states otherwise. Unless otherwise
noted; costs for all services listed shall be considered part of the monthly maintenance and shall be
included in the cost for monthly maintenance at each site.
A. Mowing/Turf Care
i. Mowing of all grassed areas shall be no less than once every seven (7) days in the heavy
growing season and shall be no less than bi-weekly, or as instructed by the City's
Representative, during the dormant growing season. Growing seasons are dictated by the
weather and therefore may change per the City's Representative, but otherwise shall be:
i. Heavy Growing Season - March 15 through October 15
ii. Dormant Growing Season -October 16 through March 14
ii. Prior to mowing and trimming any turf and bed areas; paper, bottles, cans and all other
debris (as well as misplaced dirt or sand) must be removed from areas immediately
bordering site (ex: sidewalks and curb lines) and actual site locations. Areas are to look
clean. and neat and free of debris at all times.
iii. At no time shall more than one-third (1/3) of the leaf surface be removed in one mowing
in any turf area unless specifically authorized in writing by the City of Winter Springs.
iv. Turf care activities shall be scheduled during the normal work week (M-F 7:30am to Duslc
unless directed otherwise) as a general rule and to allow for access to water plant facilities.
Should field conditions occur that require a modification to the normal service schedule,
Contractor must give the City 24 hours' notice and receive approval prior to a service
schedule modification.
B. Specific Turf Care
i. St. Augustine
i. Shall be in accordance with the University of Florida Cooperative Extension
Services Calendar for St. Augustine sod care, culture, and good horticultural
practice as shown in Publication ENH 5. St. Augustine grassed areas will be
mowed to a height of 4.5" inches on average, depending upon established grass
needs, by finish mower or a groom mower.
ii. Bahia Grass
i. Shall be in accordance with the University of Florida Cooperative Extension
Services Calendar for Bahia Grass sod care, culture, and good horticultural practice
as shown in Publication ENH 6. Bahia grassed areas will be mowed to a height of
3" inches on average, depending upon established grass needs, by finish mower or
a groom mower.
C. Cutting of Native Grasses
i. Contractor is to cut Native Grasses to no more than 50% of their length.
ii. Contractor is to cut native grasses in late winter to early spring; just prior to new shoot
growth.
D. Remove Grass Clippings and debris
City of Winter Springs Landscape Maintenance Services Contract 15 of 25
i. All debris (grass clippings) created by the mowing process is to be removed by mechanical
means from all adjacent and contiguous surfaces following all landscaping activities.
ii. Any clipping, himming debris will be removed from site as work is completed, or at the
end of each day that work is performed. Lawn clippings may be left on the turf areas so
long as no readily visible clumps remain on the grass surface after mowing. Otherwise
large clumps of clippings will be collected and disposed of by Contractor. In case of fungal
disease outbreaks, all clipping will be collected and properly disposed of until disease is
undetectable. No debris bags shall be left on site more than 6 hours.
E. Pruning/Trimming Shrubs, hedges, and ornamentals
i. Pruning of plants shall be performed as directed to remove dead wood harboring insects
and disease and to promote maximum health and growth. The finding of insects or disease
shall be reported immediately to the City so as to limit losses. Aesthetic pnming shall
consist of removal of dead or broken branches. Pruning shall be performed to balance
infiltration light to enhance new growth.
ii. Selective pruning shall be performed as directed to remove dead wood or moss. Trees shall
be trimmed to maintain the required Department of Transportation clearance of 14' over
the roadway. Suckers at the base of trees and branches hanging low into the median so as
to impede a lawn mower shall be removed as regular maintenance; buck horning is not
permitted unless requested by the City.
iii. Ligustrums and shrubbery shall not accumulate more than 2" of growth before being
trimmed.
iv. All plants shall be maintained to awell-shaped appearance according to each species'
natural growth habit unless requested otherwise by the owner's representative. Flowering
shrubs shall be pruned in the proper season to allow full flowering potential for the
following flower season. Grouped plantings shall be allowed to form masses appropriate
to the species.
v. Small leafed shrubs, such as Pittosporum, Azaleas and Indian hawthorn, etc., are to be kept
trimmed in a tight, neat appearance, with removal of partial new growth after no more than
four inches of new growth appears.
vi. Larger leafed shrubs, such as viburnum, may attain new growth reaching from 2" to 4"
before removal. At no times are slu•ubs to display a disorderly appearance.
vii. Ornamentals, such as crinum lilies, are to be trimmed aggressively during the rainy season
to be kept neat and fungus free. This may be as frequent as every other week.
viii. Sago patens are to be trinuned a minimum of three times a year, or more often, as directed,
depending on growth and health. Azaleas are to be trimmed at regular intervals as described
above with the exception of the months of October thin March when no trimming should
be done to achieve maximum flowering.
ix. Wax myrtles are to be trinnned aggressively in order to maintain a neat, compact habitat.
x. At no time is an herbicide to be used to rid plants of sucker growth. Instead, hand pulling
or aggressive trilruning routine is to be established.
xi. All ornamentals that produce any dead fronds (i.e., coontie, sage, aztec grass, holly fem,
etc.) are to be systematically checked and cleaned with special attention to early spring
cleanup.
xii. Dead plant material shall be removed by the Contractor immmediately during the normal
service visit and a report filed with the City detailing the location of removal and species
removed.
City of Winter Springs Landscape Maintenance Services Contract 16 of 25
F. Weedeater Trimming
i. Areas inaccessible to mowing equipment shall be kept neat and trimmed as directed.
Trimming of grass and weeds around any fixed objects (walls, light posts, light fixtures,
equipment boxes, pond structures, sign posts and trees) will be done through chemical
control within a limit of six inches (6") maximum or trimmer so as not to inflict damage of
any kind to stt•ucture, equipment or tree.
G. Mulching
i. Costs of mulching are not included in base maintenance price; costs for these services are
established on the proposal form for each service area (as provided on Exhibit "B").
ii. Mulching is to be performed between November 1 and December 25 each year to keep
planted areas neat and freshly maintained. Mulch depth to be a minimum total depth of
three (3) inches and placed, not dumped, as well as kept from around the immediate base
of shrubs. Mulch type to be chosen by the City.
iii. Beds should be cleared of leaves and other debris prior to adding new mulch. The intent of
doing this will be to prevent unnecessary height growth of the beds.
H. Edging
i. Edging of all walks, curbs, edging of pavements, and grass invasion shall be done weekly
during the heavy growing season and bi-weekly for the remainder of the year.
ii. All grass and dirt to be blown off onto grass areas only. No debris shall be blown onto hard
surfaces or into shrub or flower beds.
iii. Schedule for edging of soft surfaces such as turf, bed borders, and ground cover shall be
performed bi-weekly or more as directed.
I. Weeding
i. Weeding of all plant bed areas is to be as often as necessary to conform to the slnub
trimming schedule, to control weed population and maintain healthy plants.
ii. Remove weeds, vines and "voluntary" seedlings from planting beds. Weed control in
landscaped areas will be accomplished by hand weeding and/or application of round -up
and apre-emergent herbicide if needed.
iii. All weeds in sidewalks or pavement areas (including curbing) shall be chemically
controlled or removed by hand.
iv. The sod -free rings around trees are to be kept in weed -free condition, and shall be
maintained at a diameter determined by the City.
v. All mulch areas or plant beds shall be continuously maintained free of weeds or grasses.
vi. All turf areas shall be maintained in a weed free condition. Any area that becomes infested
with weeds or other undesirable grasses must be treated and or replaced at the cost of the
Contractor.
J. Pruning/Tree Trinuning (less than 13')
i. All trees are to be trimmed as often as necessary to meet public safety requirements and
comply with ISA and ANSI Industry Standards for tree care. Trimming of established trees
shall be to a minimum of eight (8) foot and a maximum of thirteen (13) foot under canopy
and pruned just outside the branch collar by the Contractor.
ii. Any trees greater than 13' are not included in base maintenance price; costs for these
services are established on the proposal form for each service area (as provided on Exhibit
«B„
City of Winter Springs Landscape Maintenance Services Contract 17 of 25
iii. New or young h•ees are to be pruned with an ideal under canopy of six (6) feet or to a
suitable and healthy height for each tree.
iv. Approved traffic (M.U.T.C.D.) warning devices shall be used when necessary to provide
safety to persons and vehicular traffic within any areas undergoing pruning. Services will
be scheduled after consulting with the City.
v. Dead palm fronds shall be removed as they occur from all palms. Seeds pods shall be
removed on an as directed basis from all palms. Trimming of palm fronds shall be
conducted with a hand saw. Only dead fronds shall be removed. Palms shall not be trimmed
above 9 o'clock and 3 o'clock.
vi. Remove Spanish Moss
i. Remove all low hanging Spanish Moss in ornamental trees and shrubs.
ii. Spanish Moss that is 8' or lower on any tree or ornamental shall be removed when
other scheduled tasks are completed at the same frequency.
K. Annuals and/or Plant Replacements
i. This service is not included in base maintenance price; costs for these services are
established on the proposal form for each service area (as provided on Exhibit "B").
ii. The Contractor shall be responsible for replacing any plant materials that die or become
damaged to the point that the plant grade is less than Florida Number 1 as a result ofneglect
or damage caused by the maintenance operation.
iii. Replacement material shall be identical to plant species, quality and specifications of the
materials at the time the toss occurs.
L. Insect and Disease Control
i. This service is not included in base maintenance price; costs for these services are
established on the proposal form for each service area (as provided on Exhibit "B").
ii. The Contractor shall establish, in conjunction with the City, a preventive program to insure
proper care of turf and ornamentals.
iii. The Contractor warrants tm-f against infestation and disease and will replace same if
deemed to be below accepted industry standards (IFAS) by the City.
iv. Application times for herbicide and pesticide applications shall be completed by licensed,
trained individuals.
v. Plants will be treated chemically as required to effectively control insect infestation and
disease as environmental, horticultural and weather conditions permit. The Contractor is
responsible for any damaged areas due to disease or insect infestation.
M. Chemical Maintenance -Fertilizer and Herbicide
i. This service is not included in base maintenance price; costs for these services are
established on the proposal form for each service area (as provided on Exhibit `B").
ii. Fertilization and insecticide treatments shall be provided as directed to maintain the health
and appearance of all turf and plant material.
iii. Soil amendments, fertilizer, nutrients, pesticides, fungicides, pre -emergent, post emergent,
and any other chemicals deemed proper, beneficial or required to maintain the turf and
plant material by the Contractor shall be included in the chemical program monthly
maintenance fee.
iv. Monthly reports may be requested by the City. The reports should outline all treatment
provided for the month and any deficits observed.
City of Winter Springs Landscape Maintenance Services Contract 18 of 25
v. Timely and prompt treatment is to be performed on all areas detected with problems and
areas at risk. A 7-10-day follow-up appointment is to be set with the City to ensure
eradication of disease or pest problems. Subsequent visits, if necessary, are to be scheduled
until the problems no longer exist.
N. Irrigation Inspection and Repair
i. This service is not included in base maintenance price; costs for these services are
established on the proposal form for each service area (as provided on Exhibit "B").
ii. Complete irrigation inspections shall be performed one (1) time per month at minimum.
iii. Details of the inspection shall be recorded on a log sheet (to be submitted with the monthly
billing) and consist of the following:
i. Turning on each zone and inspecting each head for the proper coverage, including
straightening, adjusting the output of water, adjusting spray pattern and unclogging
any heads.
ii. Repairing broken heads and lateral lines, as necessary.
iii. Checking the irrigation controllers) for proper operation and programming. If
there are battery controllers on the site, check each for battery life and replace at
75% depletion.
iv. Checking all zone valves for proper open and closure, making sure to inspect for
leaking from the mainline.
v. Checking water source for leaking and visual inspection of backflow device, if
present.
vi. Visually inspect turf, planters and trees in irrigated areas for signs of drought stress
and effect adjustments and/or repairs to remedy the issue.
iv. The Contractor shall submit a detailed report, at the time of billing of each monthly service,
consisting of the clock and location, each zone by number, and any repairs or work
performed during that service. All parts used will be itemized on the bill with a maximum
of $ 50.00 billed for repairs without VERBAL approval during the regular monthly
scheduled maintenance visit.
v. If there is an additional cost for repairs beyond the maximum of $50.00, the City must be
given a verbal report of the repair and costs involved before the work is to be performed.
No payment will be made for heads or parts damaged by the Contractor.
vi. Contractor is to immediately prepare an estimate to repair or replace damaged parts on the
property within the areas specified in this agreement to meet original specifications with
commercial quality irrigation parts. All work performed by Contractor to meet industry
standards. All damaged irrigation heads shall be turned in each month along with the
monthly billing in order to qualify for payment.
vii. Labor cost for these services is established on the proposal form for each project. Material
costs shall be paid on the basis of approved wholesale documented cost plus 15% for
overhead and profit.
viii. Contractor is to immediately notify the City if a mainline leak is noticed. Should the
Contractor need to shut down the mainline for any reason, the City must be contacted at:
(407) 327-5962.
O. Other Scope as specifically directed by City
i. Costs for additional services are established on the proposal form for each service area.
City of Winter Springs Landscape Maintenance Services Contract 19 of 25
ii. Contractor is to prepare proposal for additional work as it is requested by the City prior to
commencing with additional work. Prior written approval is required for all additional
scope not listed on this document.
2. EXPECTATIONS
The work to be performed under this Contract consists of landscape maintenance services for the
City of Winter Springs Municipal Facilities. Perform all work in accordance with the Contract
Documents. Furnish all materials, equipment, tools, and labor which are reasonably and properly
inferable and necessary for the proper completion of the work, whether specifically indicated in the
Contract Documents or not. Cost for all services listed shall be considered part of the monthly
maintenance and shall be included in the cost for monthly maintenance at each site.
A. The Contractors shall be obligated at its expense, immediately or promptly to repair to the
City's Representative's satisfaction, any damage to exterior plantings, or irrigation systems
or any other property within the areas specified in this agreement. In the event the
Contractor has not repaired any such damage within reasonable time, as determined by the
City's Representative, the City may repair such damage and deduct such cost from the next
payment due to the Contractor. The Conh•actor shall be liable to the City for any such cost
in excess of the amount deducted by the City.
B. The Contractor shall be obligated to innnediately notify the City Representative verbally
and follow in writing within twenty-four (24) hours after the event of any damage which
the Contractor discovers, or should have discovered in the exercise of reasonable care,
whether or not such damage was caused by the Contractor.
C. Prior to the commencement of work on this Contract, an authorized representative of the
Contractor and the Designated Representative of the City may perform a video condition
survey of all exterior plantings at each of the designated areas of the City covered by this
Agreement. The Contractor and the City shall jointly prepare and sign a written report the
condition survey which shall describe the condition and location of all unhealthy plants.
3. SCOPE OF SERVICE
a. Service Area 1—Cross Seminole Trail and Bridges
i. Locations and property description
1. S.R. 434 Bridge
i. S.R. 434 Cross Seminole Trail Overpass, located just east of
Tuslcawilla Road. No work is performed on the actual bridge
itself. Beds under and around bridge are included in this section.
Service areas have irrigation with timer being located on the
South West side of S.R. 434 by the power boxes.
2. Cross Seminole Trail
i. Just south (approximately 30') of the south entrance onto the S.R.
434 Cross Seminole Trail Overpass Bridge, heading North and
West along the trail to the Layer Elementary School entrance
road (current end of the trail). Maintain each side of trail to
project boundaries which is usually 2 to 8 passes with a 50"
mower deck, but this varies in many areas and steps must be
taken to groom all affected areas. Includes small medians at each
Trail Head entrance.
3. Cross Seminole Trail (Creek) Bridge
City of Winter Springs Landscape Maintenance Services Conh•act 20 of 25
Located between the Seminole County Bus Yard (Consolidated
Services Compound) and Layer Elementary School Keep vines
from growing overhand railings and onto the bridge. Trim any/all
overhanging tree limbs and foliage.
ii. Required Services
1. For the Cross Seminole Trail
i. The below services are required weekly through the growing
season (3/15-10/15) and bi-weekly through the dormant season
(10/16-3/14)
i. Mow, Blow, Trim Hedges, Weedeater, Mulch (Semi -
Annually), Edge, Weeding Beds, Prune Trees, Remove
Spanish Moss, Trash Removal, Fertilization (As
directed), Annual Flower Rotation (As Requested),
Insect and Disease Control (As required), h7•igation
Inspection, and Irrigation Repair (monthly/as required)
and other services as requested.
2. For S.R. 4343 Bridge and Cross Seminole Trail (Creek) Bridge
The below services are required weekly tln•ough the growing
season (3/15-10/15) and bi-weekly through the dormant season
(10/16-3/14)
i. Mow, Edge, Trim Hedges, Weedeater, Edge, Trim
Trees, Remove Spanish Moss, Trash Removal, and other
services as requested.
b. Service Area 2 —Tuskawilla Road, Tuskawilla Lighting and Beautification District
and Oak Forest Assessment Dish•ict
i. Locations and property description
1. Tuslcawilla Rd. Rights of Way (R.O.W.)
i. East -Tuslcawilla Rd. from S.R. 434 south to Lord of Life
Church, from south wall at Trotwood Blvd. to and including
power easement as well as the right of way in front of the Arbor
Glen subdivision. West -Tuslcawilla Rd. south to Tuskawilla
Trail (Including Berm just south of the Church of the New
Covenant).
2. Tuslcawilla Rd. medians
i. Medians on Tuslcawilla Rd. from S.R. 434 south to end of median
cut at the Church of the New Covenant (800 Tuslcawilla Rd.)
hrrigation on the center medians is operated by multiple TBOS
battery controllers.
3. Tuskawilla Lighting and Beautification Dish•ict (TLBD)
i. Just south (approximately 30') of the south entrance onto the S.R.
434 Cross Seminole Trail Overpass Bridge, heading North and
West along the trail to the Layer Elementary School entrance
road (current end of the trail). Maintain each side of trail to
project boundaries which is usually 2 to 8 passes with a 50"
mower deck, but this varies in many areas and steps nnist be
City of Winter Springs Landscape Maintenance Services Contract 21 of 25
taken to groom all affected areas. Includes small medians at each
Trail Head entrance.
4. Oak Forest Entrances
i. Forest Creels Dr. — 50' north and south of the sign wall on the
west side of Tuslcawilla Rd. and north and south sides of Forest
Creek Dr. to Benchwood Ct. and Benchwood Dr.
ii. Trotwood Blvd. — 50' north and south of the sign wall on the west
side of Tuslcawilla Rd. and north and south sides of Trotwood
Blvd. to N. Endeavor Dr. and S. Endeavor Dr. including center
median.
iii. Winter Springs Blvd. — 50' north and south of the sign wall on
the west side of Winter Springs Blvd. (south side to end of sign
wall at 1067 Winter Springs Blvd., north side to 1054 Winter
Springs Blvd. including inaccessible area at perimeter of pond)
and (2) center medians. hrigation on the center medians is
operated by multiple TBOS battery controllers.
iv. Oak Forest Dr. — 50' north and south of the sign wall on the west
side of Tuslcawilla Rd. and north and south sides of Oak Forest
Dr. to Cherokee Ct. and Cherokee Dr.
5. Oak Forest Wall
i. The entire length of the Oak Forest wall alongside Tuslcawilla
Rd., directly along the wall where plants, shrubs, and vines are
planted. Wall boundaries are from the Tuslcawilla Office Park to
New Covenant Church, not including the section of wall owned
and maintained by Grande Reserve. Backside of wall not
inchlded. (hrigation —spray heads are along entire length of the
wall and bubbler heads on Oak Trees located between Trotwood
and Tuslcawilla Office Park, ali included. Timers are located at
entrances to Oalc Forest at Winter Springs Blvd. and Trotwood
Blvd. entrances. All four (4) entrances have irrigation on these
timers.)
ii. Required Services
1. For the Tuslcawilla Rd. ROWS
i. The below services are required weekly tln•ough the growing
season (4/01-12/O1) and bi-weekly tluough the dormant season
(12/02-3/31)
i. Mow, Weedeater Trirmning, Edge Grass, Trim Trees,
Remove Spanish Moss, Trash Removal and other
services as requested.
2. All other locations in Service Area 2
i. The below services are required weekly tlu•ough the growing
season (4/01-12/O1) and bi-weeldy through the dormant season
(12/02-3/31)
i. Mow, Blow, Trim Hedges, Weedeater Trirrnning, Mulch
(Semi -Annually), Edge Grass, Weeding Beds, Trim
Trees, Remove Spanish Moss, Trash Removal,
City of Winter Springs Landscape Maintenance Services Contract 22 of 25
Fertilization (As Required/Annually), Insect and Disease
Control (As Required), Irrigation Inspection and Repair
(Monthly/As Required) and other services as requested.
c. Service Area 3 —Blumberg Boulevard, North Tuskawilla Road (North of SR 434,
and Market Square
i
ii
Locations and property description
1. Blumberg Blvd. (Center Median Gardens and Monuments)
i. Just south (approximately 30') of the south entrance onto the S.R.
434 Cross Seminole Trail Overpass Bridge, heading North and
West along the trail to the Layer Elementary School entrance
road (current end of the trail). Maintain each side of trail to
project boundaries which is usually 2 to 8 passes with a 50"
mower deck, but this varies in many areas and steps must be
taken to groom all affected areas. Includes small medians at each
Trail Head entrance.
2. N. Tuskawilla Rd. (S.R. 434 to 100' North of Blumberg Blvd.)
i. S.R. 434 Cross Seminole Trail Overpass, located just east of
Tuskawilla Road. No work is performed on the actual bridge
itself. Beds under and around bridge are included in this section.
Service areas have irrigation with timer being located on the
South West side of S.R. 434 by the power boxes.
3. Market Square
i. Located at the Northwest corner of S.R. 434 and N. Tuskawilla
Rd., Market Square consists of the property in and around the
fountain and hardscape areas immediately adjacent to the face of
the building/business entrances in the Winter Springs Town
Center.
Required Services
1. All locations in the Service Area 3
i. Mow, Blow, Trim Hedges, Weedeater, Mulch (Semi -Annually),
Edge, Weeding Beds, Prune Trees, Remove Spanish Moss, Trash
Removal, Fertilization (As directed), Annual Flower Rotation
(As Requested), Insect and Disease Control (As Required),
hrrigation Inspection and Repair (Monthly/As Required) and
other additional services as requested.
City of Winter Springs Landscape Maintenance Services Contract 23 of 25
Exhibit B:
RTP 09-23-04 LH Landscape Maintenance Services — Proposal Form — Proposed Cost
Appendix A
COST PROPOSAL WORKSHEET
PROPOSED COST
Service Area Service Area service
Item 1 2 Area 3
Base Maintenance $ 46,684,00 $ 128,528.00' $52,552,00
Palm Trimming Greater than 13' OA (per Tree)
$42.00
$42.00
$42,00
Crepe Trimming Greater than 13' OA (per Tree)
$13.58
$1158
$13.58
$0,00
$16,580.00
$490.00
Irrigation Inspections
_
Mulch - Supplied and Installed (per cubic yard)
$49.50
$49,50
$49,50
Fertilizer (per application
$1,400.00
$6,119.00
$1,359,00
Integrated Pest Management (per application)
$980.00
$3,059,00
$680,00
PROPOSAL TOTAL (per Month)
$3,890033
$10,710667
$4,379033
`Bid Bod and Payment Performance Bond to be Billed at time of award, Not Included as of yet.
PLANT. TREE AND GROUND COVER
INSTALLATION
Not to be Included as part of Proposal review criteria. Price to
include all components of Installation, including staking, wateringin Service Area Service Area Service
and one year warranty 1 2 Area 3
Annuals (Cost plus °Jo) Regular- (2.45)* $2.45 $2,45 $2.45
Ground Cover (Cost plus %) 1 Gal -LEG (7.00)* j $7.00 $7,00J $7.00
0 3 Gal (18.50j* f $14.50 $14,50 $14S0
Shrubs (Cost plus %)
Palms (Cost plus %} 20' Sabals (475.00)* $475,00 $475.00 $475,00
Canopy Trees (Cost plus %) 30 gal - Live Oak (437.50)* I $437450 I $437.50 $437,50
UnderstoryTrees (Cost plus %) 15 gal Crepes (175.00)* $175.00 $175,00 $175.00
Sod (Cost plus %) Per Pallet, St. Augustine (1,75)* $1,75 $1075 $1,75
*Pricing does not include DOT detail, if needed.
TREE REMOVAL AND STUMP
GRINDING _
Not to be Included as part of Proposal review criteria. Price to
include back fill/sod If needed _
Tree
Removal 6"
Tree Removal 12"
Tree Removal 18"
._.._.._....__.._--
Tree Removal 24"
Tree Removal 36"
9-23-04 LH
RFP Il 0
Service Area Service Area I Service
1 2 .Area 3
$250 $300 $300
$400 $6o0 $600
$11400 J $1,400 $1,400
$21150 $2,150 $2,150
$31250 $3,250 $3,250
MANDATORY FORM
City of Winter Springs Landscape Maintenance Services Contract 24 of 25
Exhibit B:
RFP 09-23-04 LH Landscape Maintenance Services — Proposal Form — Proposed Cost
Appendix A
COST PROPOSAL WORKSHEET Cont.
IRRIGATION
REPAIR ___..__.......
Not to be included as part of Proposal review criteria unless otherwise noted
`
Service Area
Service Area
Service Area
2
3 —
70°La
70%
00
7.
Wholesale price of materials plus proposed
percentage
$65.00
$65.00
$65.00
Irrigation Technician Hourly Rate
--.-----
The PROPOSER is invited to submit per unit pricing on any other optional/ancillary services which it offers and which
may be of Interest to the CITY.
RFP t! 09-23-04 l.H
MAN�ATORYFORM
City of Winter Springs Landscape Maintenance Services Contract 25 of 25