HomeMy WebLinkAboutTruGreen L.P. Agreement For Chemical Services Tuscawilla, Town Center, Oak Forest 2010 03 26 AGREEMENT FOR CHEMICAL SERVICES
THIS AGREEMENT FOR CHEMICAL SERVICES ( "Agreement ") is made and
entered into by and between the CITY OF WINTER SPRINGS, a Florida municipal
corporation ( "City "), located at 1 126 East State Road 434, Winter Springs, Florida 32708, and
TruGreen, L.P., a Foreign Limited Partnership, authorized to conduct business in Florida
( "Service Provider "), located at 860 Ridge Lake Boulevard, Memphis, TN 38120.
WITNESSETH:
WHEREAS, City wishes to obtain Chemical Services for Tuskawilla Road ROW, Town
Center Phl ROW, and Oak Forest Entrances for Bid# ITB 004 /10 /SR on a continuing basis; and
WHEREAS, Service Provider participated in the selection and negotiation process; and
WHEREAS, Service Provider is willing to provide such Chemical Services for
Tuskawilla Road ROW, Town Center Phl ROW, and Oak Forest Entrances for the City
under the terms and conditions stated herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties covenant and agree as follows:
1.0 GENERAL PROVISIONS
1.1 Recitals. The foregoing recitals are deemed to be true and accurate and are fully
incorporated herein by reference.
1.2 Engagement. The City hereby engages Service Provider and Service Provider
agrees to perform the Services outlined in this Agreement for the stated fee arrangement. No
prior or present agreements or representations shall be binding upon any of the parties hereto
unless incorporated in this Agreement.
1.3 Due Diligence. Service Provider acknowledges that it has investigated prior to
the execution of this Agreement and satisfied itself as to the conditions affecting the Services, the
availability of materials and labor, the cost thereof, the requirements to obtain necessary
insurance as set forth herein, and the steps necessary to complete the Services within the time set
forth herein. Service Provider warrants unto the City that it has the competence and abilities to
carefully and faithfully complete the Services within the time set forth herein. Service Provider
will perform its Services with due and reasonable diligence consistent with sound professional
practices.
2.0 TERM AND DEFINITIONS
2.1 This contract shall be for a term of twelve (12) months commencing on May 1,
2010 and terminating on April 30, 2011. By mutual agreement of both parties hereto, the term of
this Agreement may be extended for two (2) additional one year terms, provided the City
determines, in its discretion, that Service Provider has adequately performed during the previous
term of this Agreement. In the event this contract is extended, the contract price may be
adjusted to allow for consumer price increases based on Bureau of Labor and Statistics -
Producer Price Index not to exceed 2 (two) percent. The adjustment will be based on the annual
contract period from the same period of the previous year and calculated prior to renewal. The
Agreement may be canceled in whole or part by the City or the Service Provider, upon giving at
least (30) days written notice prior to cancellation; EXCEPT that non - performance on the part of
the Service Provider will be grounds for immediate termination. Unless otherwise provided in
said notice, all work being performed by Service Provider at the time of receipt of the notice
shall immediately cease and no further work shall be provided by Service Provider under this
Agreement.
2.2 Definitions. The following words and phrases used in this Agreement shall
have the following meaning ascribed to them unless the context clearly indicates otherwise:
a. "Agreement" or "Contract" shall be used interchangeably and shall
refer to this Agreement, as amended from time to time, which shall
constitute authorization for the Service Provider to provide the
maintenance services approved by the City.
b. "Effective Date" shall be the date on which the last signatory
hereto shall execute this Agreement, and it shall be the date on
which this Agreement shall go into effect. The Agreement shall
not go into effect until said date.
c. "Service Provider" shall mean TruGreen, L.P., a Foreign Limited
Partnership, 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 Urban Beautification Services Manager for the City, or his
designee, who is to provide the general administration of the Agreement.
3.0 SCOPE OF SERVICES
3.1 Service Provider shall provide those Chemical Services for Tuskawilla Road
ROW, Town Center Phl ROW, and Oak Forest Entrances, for the City of Winter Springs, as
set forth in the "Scope of Work," attached hereto as Exhibit `A' and fully incorporated herein by
this reference, including the furnishing of all labor, equipment, tools, materials, incidentals and
the performing of all operations necessary as described in the Project Manual for City of Winter
Springs RFP 004 /10 /SR.
4.0 CHANGES IN THE SCOPE OF WORK
4.1 City may make changes in the Services at any time by giving written notice to
Service Provider. If such changes increase (additional services) or decrease or eliminate any
amount of Work, City and Service Provider will negotiate any change in total cost or schedule
modifications. If the City and the Service Provider approve any change, the Contract will be
modified in writing to reflect the changes. All change orders shall be authorized in writing by
City's and Service Provider's designated representative.
4.2 All of City's amendments thereto shall be performed in strict accordance with the
terms of this Agreement insofar as they are applicable.
5.0 SCHEDULE
5.1 Service Provider shall perform services in conformance with the schedule
reasonably established by the City Project Manager. Service Provider shall complete all of said
services in a timely manner and will keep City apprized of the status of work on at least a
monthly basis or as otherwise reasonably requested by the City. Should Service Provider fall
behind on the established schedule, it shall employ such resources so as to comply with the
schedule.
5.2 No extension for completion of services shall be granted to Service Provider
without City's prior written consent.
6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF SERVICE
PROVIDER
6.1 Compensation. For the Services provided pursuant to the Agreement, the City
agrees to pay Service Provider a sum not to exceed $7,151.92 (Seven Thousand One Hundred
and Fifty -Two and 92/100 Dollars). 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.
7.0 RIGHT TO INSPECTION
7.1 City or its affiliates shall at all times have the right to review or observe the
services performed by Service Provider.
7.2 No inspection, review, or observation shall relieve Service Provider of its
responsibility under this Agreement.
8.0 AUDIT AND INSPECTIONS
All Service Provider's records with respect to any matters covered by this Agreement
shall be made available to the City, at any time during normal business hours, as often as the City
deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any
deficiencies noted in audit reports must be fully cleared by the Service Provider within thirty
(30) days after receipt by the Service Provider. Failure of the Service Provider to comply with
the above audit requirements will constitute a material breach of this Agreement and may result,
at the sole discretion of the City, in the withholding of payment for services provided under this
Agreement.
9.0 PROFESSIONALISM AND STANDARD OF CARE
9.1 Service Provider shall do, perform and carry out in a professional manner all
Services required to be performed by this Agreement. Service Provider shall also use the degree
of care and skill in performing the Services that are ordinarily exercised under similar
circumstances by reputable members of Service Provider's profession working in the same or
similar locality as Service Provider.
10.0 SUBMITTAL OF PROGRESS REPORTS
10.1 Service Provider shall submit a monthly written progress report as to the status of
all Work set forth in this Agreement. The report shall in a sufficient manner demonstrate that
any funds expended were used to provide the agreed -upon Services. If the detail is not sufficient
in the City Project Manager's reasonable discretion to permit the City to determine the Work
performed or the manner in which it is being performed, the City may seek more detail from the
Service Provider.
11.0 WARRANTY OF PROFESSIONAL SERVICES
11.1 The Service Provider (for itself and any of its employees, contractors, partners,
and agents used to perform the Services) hereby warrants unto the City that all of its employees
(and those of any of its contractors, partners, and agents used to perform the Services) have
sufficient experience to properly complete the Services specified herein or as may be performed
pursuant to this Agreement. In pursuit of any Work, the Service Provider shall supervise and
direct the Work, using its best skill and attention and shall enforce strict discipline and good
order among its employees. The Service Provider shall comply with all laws, ordinances, rules,
regulations, and lawful orders of any public authority bearing on the performance of the Work.
12.0 CORPORATE REPRESENTATIONS BY SERVICE PROVIDER
12.1 Service Provider hereby represents and warrants to the City the following:
a. Service Provider is duly registered and licensed to do business in the
State of Florida and is in good standing under the laws of Florida, and
is duly qualified and authorized to carry on the functions and
operations set forth in this Agreement.
b. The undersigned signatory for Service Provider has the power,
authority, and the legal right to enter into and perform the obligations
set forth in this Agreement and all applicable exhibits thereto, and the
execution, delivery, and performance hereof by Service Provider has
been duly authorized by the board of directors and /or president of
Service Provider. In support of said representation, Service Provider
agrees to provide a copy to the City of a corporate certificate of good
standing provided by the State of Florida prior to the execution of this
Agreement.
c. Service Provider is duly licensed under all local, state and federal laws
to provide the Services stated in paragraph 3.0 herein. In support of
said representation, Service Provider agrees to provide a copy of all
said licenses to the City prior to the execution of this Agreement.
13.0 WORK IS A PRIVATE UNDERTAKING
13.1 With regard to any and all Work performed hereunder, it is specifically
understood and agreed to by and between the parties hereto that the contractual relationship
between the City and Service Provider is such that the Service Provider is an independent
contractor and not an agent of the City. The Service Provider, its contractors, partners, agents,
and their employees are independent contractors and not employees of the City. Nothing in this
Agreement shall be interpreted to establish any relationship other than that of an independent
contractor, between the City, on one hand, and the Service Provider, its contractors, partners,
employees, or agents, during or after the performance of the Work under this Agreement.
14.0 PROGRESS MEETING
14.1 City Project Manager may hold periodic progress meetings on a monthly basis, or
more frequently if required by the City, during the term of work entered into under this
Agreement. Service Provider's Project Manager and all other appropriate personnel shall attend
such meetings as designated by the City Project Manager.
15.0 SAFETY
15.1 Service Provider shall be solely and absolutely responsible and assume all
liability for the safety and supervision of its principals, employees, contractors, and agents while
performing Services provided hereunder.
16.0 INSURANCE
16.1 Liability Amounts. During the term of this Agreement, Service Provider shall
be responsible for providing the types of insurance and limits of liability as set forth below.
a. The Service Provider shall maintain comprehensive general liability insurance
in the minimum amount of $1,000,000 as the combined single limit for each
occurrence to protect the Service Provider from claims of property damages
which may arise from any Services performed under this Agreement whether
such Services are performed by the Service Provider or by anyone directly
employed by or contracting with the Service Provider.
b. The Service Provider shall maintain comprehensive automobile liability
insurance in the minimum amount of $1,000,000 combined single limit bodily
injury and minimum $1,000,000 property damage as the combined single limit
for each occurrence to protect the Service Provider from claims for damages
for bodily injury, including wrongful death, as well as from claims from
property damage, which may arise from the ownership, use, or maintenance of
owned and non -owned automobiles, including rented automobiles whether
such operations be by the Service Provider or by anyone directly or indirectly
employed by the Service Provider.
c. The Service Provider shall maintain, during the life of this Agreement,
adequate Workers' Compensation Insurance in at least such amounts as are
required by law and Employer's Liability Insurance in the minimum amount
of $1,000,000 for all of its employees performing Work for the City pursuant
to this Agreement.
16.2 Special Requirements. Current, valid insurance policies meeting the
requirements
herein identified shall be maintained during the term of this Agreement. A copy of a current
Certificate of Insurance shall be provided to the City by Service Provider upon the Effective
Date of this Agreement which satisfied the insurance requirements of this paragraph 16.0.
Renewal certificates shall be sent to the City 30 days prior to any expiration date. There shall
also be a 30 -day advance written notification to the City in the event of cancellation or
modification of any stipulated insurance coverage. The City shall be an additional named
insured on all stipulated insurance policies as its interest may appear, from time to time.
16.3 Independent Associates and Consultants. All independent contractors or
agents employed by Service Provider to perform any Services hereunder shall fully comply with
the insurance provisions contained in these paragraphs for sections 15 and 16.
17.0 COMPLIANCE WITH LAWS AND REGULATIONS
17.1 Service Provider shall comply with all requirements of federal, state, and local
laws, rules, regulations, standards, and /or ordinances applicable to the performance of Services
under this Agreement
18.0 DOCUMENTS
18.1 Public Records. It is hereby specifically agreed that any record, document,
computerized information and program, audio or video tape, photograph, or other writing of the
Service Provider and its independent contractors and associates related, directly or indirectly, to
this Agreement, may be deemed to be a Public Record whether in the possession or control of the
City or the Service Provider. Said record, document, computerized information and program,
audio or video tape, photograph, or other writing of the Service Provider is subject to the
provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific
written approval of the City's City Manager. Upon request by the City, the Service Provider
shall promptly supply copies of said public records to the City. All books, cards, registers,
receipts, documents, and other papers in connection with this Agreement shall at any and all
reasonable times during the normal working hours of the Service Provider be open and freely
exhibited to the City for the purpose of examination and /or audit.
18.2 The Service Provider acknowledges that the City is a Florida municipal
corporation and subject to the Florida Public Records Law. Service Provider agrees that to the
extent any document produced by Service Provider under this Agreement constitutes a Public
Record; Service Provider shall comply with the Florida Public Records Law.
19.0 ASSIGNMENT
19.1 Service Provider shall not assign or subcontract this Agreement, or any rights or
any monies due or to become due hereunder without the prior, written consent of City.
19.2 If upon receiving written approval from City, any part of this Agreement is
subcontracted by Service Provider, Service Provider shall be fully responsible to City for all acts
and /or omissions performed by the subcontractor as if no subcontract had been made.
19.3 If City determines that any subcontractor is not performing in accordance with
this Agreement, City shall so notify Service Provider who shall take immediate steps to remedy
the situation.
19.4 If any part of this Agreement is subcontracted by Service Provider, prior to the
commencement of any Work by the subcontractor, Service Provider shall require the
subcontractor to provide City and its affiliates with insurance coverage as set forth by the City.
20.0 TERMINATION; DEFAULT BY SERVICE PROVIDER AND CITY'S
REMEDIES
20.1 The City reserves the right to revoke and terminate this Agreement and rescind all
rights and privileges associated with this Agreement, without penalty, in the following
circumstances, each of which shall represent a default and breach of this Agreement:
a. Service Provider defaults in the performance of any material covenant or condition of
this Agreement and does not cure such other default within fourteen (14) calendar
days after written notice from the City specifying the default complained of, unless,
however, the nature of the default is such that it cannot, in the exercise of reasonable
diligence, be remedied within fourteen (14) calendar days, in which case the Service
Provider shall have such time as is reasonably necessary to remedy the default,
provided the Service Provider promptly takes and diligently pursues such actions as
are necessary therefor; or
b. Service Provider is adjudicated bankrupt or makes any assignment for the benefit of
creditors or Service Provider becomes insolvent, or is unable or unwilling to pay its
debts; or
c. Service Provider has acted negligently, as defined by general and applicable law, in
performing the Services hereunder; or
d. Service Provider has committed any act of fraud upon the City; or
e. Service Provider has made a material misrepresentation of fact to the City while
performing its obligations under this Agreement; or
f. Service Provider is experiencing a labor dispute which threatens to have a substantial,
adverse impact upon performance of this Agreement without prejudice to any other
right or remedy City may have under this Agreement.
20.2 Notwithstanding the aforementioned, in the event of a default by Service Provider,
the City shall have the right to exercise any other remedy the City may have by operation of law,
without limitation, and without any further demand or notice. In the event of such termination,
City shall be liable only for the payment of all unpaid charges, determined in accordance with
the provisions of this Agreement, for Work properly performed prior to the effective date of
termination.
21.0 FORCE MAJEURE
21.1 Any delay or failure of either party in the performance of its required obligations
hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm;
explosion; riot; war; sabotage; strikes (except involving Service Providers labor force);
extraordinary breakdown of or damage to City's affiliates' generating plants, their equipment, or
facilities; court injunction or order; federal and /or state law or regulation; order by any regulatory
agency; or cause or causes beyond the reasonable control of the party affected; provided that
prompt notice of such delay is given by such party to the other and each of the parties hereunto
shall be diligent in attempting to remove such cause or causes. If any circumstance of Force
Majeure remains in effect for sixty days, either party may terminate this Agreement.
22.0 GOVERNING LAW & VENUE
22.1 This Agreement is made and shall be interpreted, construed, governed, and
enforced in accordance with the laws of the State of Florida. Venue for any state action or
litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be
Orlando, Florida.
23.0 HEADINGS
23.1 Paragraph headings are for the convenience of the parties only and are not to be
construed as part of this Agreement.
24.0 SEVERABILITY
24.1 In the event any portion or part thereof of this Agreement is deemed invalid,
against public policy, void, or otherwise unenforceable by a court of law, the parties, at the sole
discretion and option of the City, shall negotiate an equitable adjustment in the affected
provision of this Agreement. The validity and enforceability of the remaining parts of this
Agreement shall otherwise be fully enforceable.
25.0 INTEGRATION; MODIFICATION
25.1 The drafting, execution, and delivery of this Agreement by the Parties have been
induced by no representations, statements, warranties, or agreements other than those expressed
herein. This Agreement embodies the entire understanding of the parties, and there are no
further or other agreements or understandings, written or oral, in effect between the parties
relating to the subject matter hereof unless expressly referred to herein. Modifications of this
Agreement shall only be made in writing signed by both parties.
26.0 WAIVER AND ELECTION OF REMEDIES
26.1 Waiver by either party of any terms or provision of this Agreement shall not be
considered a waiver of that term, condition, or provision in the future.
26.2 No waiver, consent, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of each party
hereto.
27.0 THIRD PARTY RIGHTS
27.1 Nothing in this Agreement shall be construed to give any rights or benefits to
anyone other than City and Service Provider.
28.0 PROHIBITION AGAINST CONTINGENT FEES
28.1 Service Provider warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the Service Provider, to solicit or
secure this Agreement, and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for the Service
Provider, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement.
29.0 NO JOINT VENTURE
29.1 Nothing herein shall be deemed to create a joint venture or principal -agent
relationship between
the parties, and neither party is authorized to, nor shall either party act toward third persons or
the public in any manner which would indicate any such relationship with the other party.
30.0 ATTORNEY'S FEES
30.1 Should either party bring an action to enforce any of the terms of this Agreement,
the prevailing party shall be entitled, to the extent permitted by law, to recover from the non -
prevailing party the costs and expenses of such action including, but not limited to, reasonable
attorney's fees, whether at settlement, trial or on appeal.
31.0 COUNTERPARTS
31.1 This Agreement may be executed in any number of counterparts, each of which
when so executed and delivered shall be considered an original agreement; but such counterparts
shall together constitute but one and the same instrument.
32.0 DRAFTING
32.1 City and Service Provider each represent that they have both shared equally in
drafting this Agreement and no party shall be favored or disfavored regarding the interpretation
of this Agreement in the event of a dispute between the parties.
33.0 NOTICE
33.1 Any notices required to be given by the terms of this Agreement shall be
delivered by hand or mailed, postage prepaid to:
For Service Provider:
TruGreen, L.P.
860 Ridge Lake Boulevard
Memphis, TN 38120
(407) 657 -3400
For City:
City of Winter Springs
Urban Beautification Manager
1126 East State Road 434
Winter Springs, FL 32708
Phone: (407) 327 -5976
Facsimile: (407) 327 -6695
33.2 Either party may change the notice address by providing the other party written
notice of the change.
34.0 SOVEREIGN IMMUNITY
34.1 Nothing contained in this Agreement shall be construed as a waiver of the City's
right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed
on the City's potential liability under state or federal law.
35.0 INDEMNIFICATION
35.1 For all Services performed pursuant to this Agreement, the Service Provider agrees to
the fullest extent permitted by law, to indemnify and hold harmless the City and its
commissioners, employees, officers, and city attorneys (individually and in their official
capacity) from and against all claims, losses, damages, personal injuries (including but not
limited to death), or liability (including reasonable attorney's fees through any and all
administrative, trial and appellate proceedings), directly or indirectly arising from:
a. any default under this Agreement by Service Provider;
b. any negligent act, omission or operation of work related to all
Services performed under this Agreement by Service Provider,
and its employees, principals, agents, independent contractors, and
consultants.
c. the acts, errors, omissions, intentional or otherwise, arising out of
or resulting from Service Provider's and its employees, partners,
contractors, and agents on the performance of the Services being
performed under this Agreement;
d. Service Provider's, and its employees, partners, contractors, and
agents failure to comply with the provisions of any federal, state,
or local laws, ordinance, or regulations applicable to Service
Provider's and its employees, partners, contractors, and agents
performance under this Agreement;
e. any fraud and misrepresentation conducted by Service Provider
and its employees, partners, contractors, and agents on the City
under this Agreement.
35.2 The indemnification provided above shall obligate the Service Provider to defend
at its own expense or to provide for such defense, at the option of the City, as the case may be, of
any and all claims of liability and all suits and actions of every name and description that may be
brought against the City or its commissioners, employees, officers, and City Attorney which may
result from any negligent act, omission or operation of work related to the Services under this
Agreement whether the Services be performed by the Service Provider, or anyone directly or
indirectly employed by them. In all events the City and its commissioners, employees, officers,
and City Attorney shall be permitted to choose legal counsel of its sole choice, the fees for which
shall be reasonable and subject to and included with this indemnification provided herein.
36.0 ORDER OF PRECEDENCE
36.1 In case of any inconsistency in any of the documents bearing on the Agreement
between the City and the Service Provider, the inconsistency shall be resolved by giving
precedence in the following order:
a. Addenda to this Agreement subsequent to the Effective date of this
Agreement;
b. This Agreement;
c. Exhibits to this Agreement; and
d. The Bid documents.
36.2 Any inconsistency in the work description shall be clarified by the City and
performed by the Service Provider.
37.0 AGREEMENT INTERPRETATION
37.1 At its discretion, during the course of the work, should any errors, ambiguities, or
discrepancies be found in the Agreement or specifications, the City at its sole discretion will
interpret the intent of the Agreement and work descriptions and the Service Provider hereby
agrees to abide by the City's interpretation and agrees to carry out the work in accordance with
the decision of the City.
37.2 When the material, article, or equipment is designated by a brand name and more
than one brand name is listed, it will be understood that the work is based on one brand name
only. The Service Provider will be responsible for all coordination necessary to accommodate
the material, article, or equipment being provided without additional cost to the City. A
substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand
name specified. The City has full discretion to decide whether a substitute is reasonably
equivalent. Service Provider must notify the City prior to use of the substitute for a specified
brand name and allow the City to make a determination before Service Provider uses the
substitute.
* *Intentionally Left Blank **
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by
their duly authorized representatives as of the date first written above.
SERVICE PROVIDER:
TruGreen, L.P.
A Foreign Limited Partnership
4d1.04 x
Name (Printed and Signed)
frnel-
Title
3` -40
Date
CITY:
CITY OF WINTER SPRINGS, FLOR3DA
A Florida municipal corporate
Kevin L. :mith, City anager
Date
ATT D '
Anir ;. 4 orenzo - Luaces, City Clerk
•
Exhibit 'A' Scope of Work
ITB 004 /10 /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 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) 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
la. Tuskawilla Road ROW 1A,3A,5A,6A,7E, 1B,3B,5E,6B,7E
8A 8A,14F
1b. Tuskawilla Road MEDIANS 1A,2B,3A,5A,6A,7E, 1B,2E,3B,4F,5E,6B,
8A,9J,10I,11G,12J 7E,8A,9J,101,12J,14F
2. Town CenterPhl ROW 1A,2B,3A,5B,6A,7E 1B,2C,3B,4F,5E,6B,7E,
8A,9J,12J 8A,9J,12J,14F
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.)
1 a. 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.
29
2. TOWN CENTER PH1 (MAP #4 - Shown as SHADED CIRCLES) -
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.
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 ROW, Town Center Ph1 ROW, and Oak Forest Entrances. 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.
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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 * **
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•
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 or 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.
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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 light 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.
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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 (Upon Request — Not in Total)
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 $ 260.00 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 %Y', 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 (main office — during
business hours) or (321) 689 -1417 (emergency number - after hours).
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11. CHEMICAL PROGRAM -
FERTILIZATION /PEST CONTROL- TURF
The program shall meet or exceed the University of Florida Cooperative Extension Services yearly
Calendar for St. Augustine sod care and culture, where applicable, 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 fertilized. 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.
Soil amendments, nutrients, pesticides, fungicides, and any other chemicals deemed proper and
beneficial or are required to maintain the turf and plant material by the Contractor shall be included in the
fertilization program at no additional cost. All fertilizers shall always contain minor elements.
A minimum of six (6) fertilization (3 granular) and insect and disease applications shall be applied on all
St. Augustine grass annually at approximately two -month intervals. Additional spot treatments may be needed in
certain areas due to various conditions that may occur. 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 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 Cooperative Extension Service suggested guidelines and sound
horticultural practices. Any turf areas or landscape materials, killed or damaged as a result of over - fertilization or
lack of chemical application will be re- established to an acceptable condition.
FERTILIZATION /PEST CONTROL -TREES AND SHRUBS
The spraying of irrigated shrubs (and trees less 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)
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 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 to the point that the plant grade drops below Florida Number 1 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 Toss 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,
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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,
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 thirty (30) days
from the date of detection.
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, chinchbugs and mole crickets, and a target specific fungicide for infected materials.
Crabgrass can be addressed as required by applying a non - selective herbicide directly onto the infested turf
areas while limiting application to only crabgrass infested areas. 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.
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The ornamental program will consist of insect controls to effectively control sucking and piercing insects
•
such as aphids, lacebugs, 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 the turf and the ornamental applications so that someone
will be on the property twelve (12) times per year. After each treatment is performed, a detailed report shall be
submitted to the Owner /Representative for analysis and discussion.
** *End of Section * **
37
City of Winter
Springs
R E C %Tr.' 1 417 E D
elilO
MA
oFFIC[ C)F THE Ci Ci F RK
To: City Clerk's Office
From: Steven T. Richart, Urban Beautification Manager
CC: Kevin Smith, City Manager
Date: 3/26/2010
Re: Chemical Contract - ITB 004 /10 /SR
Dear City Clerks:
Please find three (3) originals of the following ITB 004/10/SR — Tuskawilla Road ROW, Town Center
Phl ROW and Oak Forest Entrances contract that requires signature of the City Manager for
execution. The agreement with TruGreen, L.P., was approved by the City Commission on Monday,
March 22, 2010, as part of C -206 (Attached).
Someone from the Clerk's Office will need to attest each of the three (3) originals for all agreements.
Once they have been fully executed, please return two (2) originals from each agreement to me and
one (1) original should remain with the City Clerk's Office.
Thank you very kindly,
9204, T.Ra