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LAKE POWELL RESIDENTIAL GOLF

COMMUNITY DEVELOPMENT DISTRICT AND

WILD HERON PROPERTY OWNERS ASSOCIATION

JOINT REQUEST FOR PROPOSALS NO. LPWH-2015-1

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TABLE OF CONTENTS

1. COPY OF NOTICE

2. INSTRUCTIONS TO PROPOSERS

3. EVALUATION CRITERIA FOR LAKE POWELL RESIDENTIAL GOLF CDD

4. EVALUATION CRITERIA FOR WILD HERON PROPERTY OWNERS ASSOCIATION)

5. BASIC ORGANIZATION INFORMATION FORM

6. PRICING FORM-LPCDD

7. PRICING FORM-WHPOA

8. DISTRICT AND ASSOCIATION MAP

9. NON-COLLUSION AFFIDAVIT

10. ACKNOWLEDGEMENT OF RECEIPT OF DOCUMENTS AND PROPOSAL SIGNATURE

FORM

11. LIST OF CONTRACT FORMS

EXHIBIT A: GENERAL RELEASE

EXHIBIT B: ADDENDA, AS APPLICABLE

EXHIBIT C: LAKE POWELL RESIDENTIAL GOLF CDD: LANDSCAPE AND

IRRIGATION MAINTENANCE AGREEMENT

EXHIBIT D: LAKE POWELL RESIDENTIAL GOLF CDD: LANDSCAPE AND

IRRIGATION MAINTENANCE SPECIFICATION

EXHIBIT E: WILD HERON PROPERTY OWNERS ASSOCIATION, INC.: LANDSCAPE

AND IRRIGATION MAINTENANCE AGREEMENT

EXHIBIT F: WILD HERON PROPERTY OWNERS ASSOCIATION, INC: LANDSCAPE

AND IRRIGATION MAINTENANCE SPECIFICATION





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NOTICE OF REQUEST FOR PROPOSAL FOR LANDSCAPE MAINTENANCE SERVICES

Bay County, Florida

Notice is hereby given that the Lake Powell Residential Golf Community Development District (the

“District”) and Wild Heron Property Owners Association (the “Association”) request proposals to provide

landscape maintenance services (Request for Proposals No. LPWH-2015-1). Respondents shall provide

(2) separate proposals with pricing; one proposal with pricing for the DISTRICT and a separate proposal

with pricing for the ASSOCIATION. Included in the proposals but not limited to: maintenance of turf,

trees, shrubs, ground cover, hardscape, irrigation as well as trash removal throughout the District and the

Association, as more specifically set forth in the separate exhibits outlining the landscape and irrigation

maintenance specifications.

Firms desiring to provide services for this project must submit twelve (12) copies of the required

proposals and one (1) electronic copy (CD or flash drive) no later than 5:00 p.m., on Friday, February 6,

2015 at the office of the District Manager, 6131 Lyons Road Suite 100, Coconut Creek, FL 33073,

ATTN: Craig Wrathell, at which time the proposals will be publicly opened. Proposals must be

submitted in a sealed envelope pursuant to the Instructions to Proposers. Proposals received after the time

and date stipulated above will be returned unopened to the Proposer.

Ranking of proposals will be made in accordance with the criteria set forth in the ranking worksheet

contained within the Request for Proposals. The District and Association reserves the right to reject any

and all proposals, with or without cause, to waive minor technical errors and informalities or to accept the

proposal which, in its judgment, is in the best interest of the District and Association.

Lake Powell Residential Golf Community Development District

Craig Wrathell, District Manager





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INSTRUCTIONS TO PROPOSERS

1. Due Date: Sealed proposals and one (1) electronic copy (CD or flash drive) must be received no

later than 5:00 p.m., on Friday, February 6, 2015 at the office of the District Manager, 6131 Lyons

Road Suite 100, Coconut Creek, FL. 33073 ATTN: Craig Wrathell. Proposals will be opened

publicly at that time.

2. Proposal Guaranty: A certified or cashiers check on any national or state bank, or a proposal bond

in a sum not less than 5% of the amount proposed, made payable to the Lake Powell Residential Golf

Community Development District, must accompany each proposal as a guarantee that the Proposer

will promptly enter into an agreement to do the work. Bidders opting to submit proposal bonds and

not being awarded the Final contract will have the proposal bond released. The Proposal guaranty

should be submitted with the understanding that the Proposer will not withdraw his proposal for a

period of sixty (60) days after proposals are received.

3. Signature on Proposal: In addition to executing all forms, affidavits, and acknowledgements for

which signature and notary blocks are provided, the Proposer must correctly sign the

Acknowledgement of Receipt and Proposal Signature Form. If the proposal is made by an individual,

that person’s name and business address shall be shown. If made by a partnership, the name and

business address of an authorized member of the firm or partnership shall be shown. If made by a

corporation, the person signing the proposal shall show the name of the state under the laws of which

the corporation was chartered.

4. Familiarity with laws: The Proposer is assumed to be familiar with all federal, state, and local laws,

ordinances, rules and regulations that in any manner affect the work. Ignorance on the part of the

Proposer will in no way relieve the proposer from responsibility.

5. Qualifications of Proposer: The contract, if awarded, will only be awarded to a responsible

Proposer who is qualified by experience to do the work specified herein. The Proposer shall submit

with its proposal satisfactory evidence of experience in similar work and show that it is fully prepared

with the necessary organization, capital, and equipment to complete the work to the satisfaction of the

District/Association.

6. Interpretations and Addenda: All questions about the meaning or intent of the proposal documents

are to be directed in writing to the District Manager. Interpretations or clarifications considered

necessary by the District Manager in response to such questions will be issued by Addenda mailed or

delivered to all parties recorded as having received the proposal documents. Questions received less

than seven (7) days prior to the date of opening of proposals may not be answered. Only questions

answered by formal written Addenda will be binding. No interpretations will be given verbally. All

questions and answers will be distributed to all Proposers.

7. Submission of Proposal: a. No proposer shall submit more than one proposal for the District and one for the Association.

Proposers shall be disqualified and their proposals rejected if District/Association has reason

to believe that collusion may exist among the Proposers, the Proposer has defaulted on any

previous contract or is in arrears on any existing contract, or for failure to demonstrate proper

licensure and business organization.

b. The proposal shall have separate pricing for the District and separate pricing for the

Association. Proposals must be separated and clearly distinct from one another. Please note

that this is a “Joint RFP” and the intent is for both the District and the Association to benefit

from one Contractor providing all the services as outlined in the specifications in Exhibit

“D”(District) and in Exhibit “F”(Association).

c. Submit twelve (12) copies of the proposal forms, the proposal security and other requested

attachments, as well as one (1) electronic copy (CD or flash drive), at the time and place





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indicated herein, which shall be enclosed in a sealed envelope, marked with the project title

and name and address of the Proposer and accompanied by the required documents. If the

proposal is sent through the mail or other delivery system, the sealed envelope shall be

enclosed in a separate envelope with a notation (RESPONSE TO PROPOSALS NO. LPWH-

2015-1 ENCLOSED) on the face of it.

8. Modification and Withdrawal: Proposals may be modified and withdrawn by an appropriate

document duly executed and delivered to the place where proposals are to be submitted at any time

prior to the time and date the proposals are due. No proposal may be withdrawn after opening for a

period of sixty (60) days.

9. Proposal Documents: The Request for Proposals will be available on January 8, 2015 from the

District Office, 6131 Lyons Road Suite 100, Coconut Creek, FL 33073. Contact Craig Wrathell at

877-276-0889.

10. Proposal Form: All blanks on proposal forms must be completed in ink or typewritten. The

proposal shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be

filled in on the Acknowledgement Form). In making its proposal, each Proposer represents that it has

read and understands the proposal documents and that the proposal is made in accordance therewith,

including verification of contents of proposal package against the Table of Contents.

11. Basis of Award/Right to Reject or Award: The District/Association reserve the right to reject any

and all proposals, make modifications to the work, and waive any informalities or irregularities in

proposals as it is deemed appropriate.

12. Contract Award: Within fourteen (14) days of receipt of the Notice of Award, the Proposer shall

enter into and execute the Contract in substantially the form included in the proposal documents.

13. On-site visit: All bidding Contractors must comply with an interview process to ensure credibility.

All proposing companies will be required to attend an on-site visit on January 23, 2015 at 3:00 P.M,

Central Time, at Utility Yard, located at 1438 Wild Heron Way, in order to be awarded the contract.

A designated District and Association representative will conduct the site visits. The District Board of

Supervisors and Association Board members reserve the right to request presentations from

Proposer’s regarding their ability to perform the proposed landscaping maintenance services provided

herein. The presentation date may be scheduled during the District Meetings.

14. Insurance: All Proposers shall include as part of their proposal a current Certificate of Insurance

detailing the company’s insurance coverage. A sample certificate is included as an attachment to the

Basic Organization Form. In the event the Proposer is notified of award, it shall provide proof of

Insurance Coverage, as stated in the Contract form provided herein, within fourteen (14) calendar

days after notification, or within such approved extended period as the District/Association may

grant. Failure to provide proper proof of insurance coverage shall constitute a default. The District

and the Association shall be named as additional insureds per the insurance requirements contained in

the Landscape and Irrigation Maintenance Services Agreement.

15. Indemnification: The successful Proposer shall fully indemnify and hold harmless the

District/Association, the District Manager, Association Manager, Property Manager, District Engineer

and any employees and agents therof, from and against all claims, damages, costs and losses arising,

in whole or in part, from Contractor’s negligence or breach of contract, as more fully set forth in the

Contract form, provided herein.

16. Limitation of Liability: Nothing herein shall be construed as or constitute a waiver of Owner’s

limitations on liability contained in section 768.28, Florida Statutes, or other statute or law.

17. All proposals shall include the following information in addition to any other requirements of

the proposal documents:

a. A narrative description of the Proposer’s approach to providing the services as described in

the Specifications of services, provided herein (limited to 5 pages).





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b. Separate Pricing Forms for landscape and irrigation services delivered to the Lake Powell

Residential Golf Community Development District and the Wild Heron Property Owners

Association are attached and should be completed by the Proposer. Proposers should use the

Map of the District and Association to determine the service area of landscape and irrigation

work to be delivered to the District/Association.

c. Proposer’s Organizational Chart list position or title and corporate responsibilities of key

management or supervisory personnel. Include resumes for each person listed; list years of

experience in present position for each party listed and years of related experience. Describe

proposed staffing levels.

d. Financial statements for 2012, 2013 and 2014.

e. A list and description of landscaping/grounds maintenance projects undertaken for each of

the last three (3) years for projects of similar size and scope to Lake Powell Residential Golf

CDD and Wild Heron POA, including the scope of services provided, the name of the project

owner and a contact name and phone number.

f. A listing of the total annual dollar value of work, as described above under G, completed for

each of the last three (3) years.

g. List all other contracts related to the provision of services by the Proposer in which the

company is presently engaged.

h. A list of all Community Development Districts and Associations served, including the size

and dollar amount of the annual contracts with each District.

i. Three references, including the name, address and phone number of a contact person, from

projects of similar size and scope. The references may, but are not required to, overlap with

projects or current contracts as listed above under ‘g’.

j. A list of any and all lawsuits that the Proposer is or has been a party to in the past five (5)

years.

k. A list of any and all licensure disciplinary actions the Proposer or its employees is or has been

a party to in the past five (5) years.

l. Completed copies of all other forms included within the proposal documents.

18. Any protest regarding the Proposal Documents, including specifications or other requirements

contained in the Request for Proposal, must be filed in writing within seventy-two (72) hours after the

receipt of the proposed project plans and specifications or other contract documents. The formal

protest setting forth with particularity the facts and law upon which the protests is based shall be filed

within seven (7) calendar days after the initial notice of protest was filed. Failure to timely file a

notice of protest or failure to timely file a formal written protest shall constitute a waiver of any right

to object or protest with respect to aforesaid plans, specifications or contract documents.

19. The proposals shall be ranked in accordance with the criteria included in the Evaluation Criteria

sheets, contained within the proposal documents.





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EVALUATION CRITERIA FOR LPCDD

1. Experience (25 points)

Current and past record and experience of the respondent serving similar size Community

Development Districts and communities.

Volume of work previously awarded to the group.

Past performance for the district in other contracts including character, integrity,

reputation of respondent, etc.

2. Personnel (20 points)

Geographic location of firm’s headquarters or office in relation to the project.

Adequacy and capabilities of key personnel, including the project manager and field

supervisor.

Present ability to manage this project.

Evaluation of uncompleted workload.

Proposed staffing levels.

Contractor Operations Manager holds a college degree in horticulture or related field with

a minimum of five (5) years industry experience.

Contractor and all subcontractors will provide continuous qualified supervision by a

supervisor with appropriate horticultural experience and training.

3. Price (25 points)

Points associated with price will be allocated as follows:

25 points will be awarded to the Proposer submitting the lowest total bid for completing

the work for the initial three (3)-year term of the contract. All other proposals will

receive a percentage of this amount based upon the difference between that Proposer’s

bid and the low bid.

4. Financial Capability (15 points)

Demonstration of financial resources and stability as a business entity, necessary to

complete the services required.

5. Understanding of Scope of Work (15 points)

- The proposal demonstrates an understanding of the District’s needs for the services

requested.





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EVALUATION CRITERIA FOR WHPOA

1. Experience (25 points)

Current and past record and experience of the respondent serving similar size

Associations.

Volume of work previously awarded to the group.

Past performance for the Association (or other references) in other contracts including

character, integrity, reputation of respondent, etc.

2. Personnel (20 points)

Geographic location of firm’s headquarters or office in relation to the project.

Adequacy and capabilities of key personnel, including the project manager and field

supervisor.

Present ability to manage this project.

Evaluation of uncompleted workload.

Proposed staffing levels.

Contractor Operations Manager holds a college degree in horticulture or related field with

a minimum of five (5) years industry experience.

Contractor and all subcontractors will provide continuous qualified supervision by a

supervisor with appropriate horticultural experience and training.

3. Price (25 points)

Points associated with price will be allocated as follows:

10 points will be awarded to the Proposer submitting the lowest total bid for completing

the work for the initial three (3)-year term of the contract. All other proposals will

receive a percentage of this amount based upon the difference between that Proposer’s

bid and the low bid.

15 points will be awarded based on the Association’s perceived completely value of the

Proposal by comparing the amounts to be charged to the Association relative to the

services provided.

4. Financial Capability (15 points)

Demonstration of financial resources and stability as a business entity, necessary to

complete the services required.

5. Understanding of Scope of Work (15 points)

- The proposal demonstrates an understanding of the Association’s needs for the services

requested.





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BASIC ORGANIZATION INFORMATION FORM

Date Submitted ____________________, 2015

Proposer __________________________________________

[Company Name]

/_/ A LLC

/_/ An Individual

/_/ A LLP

/_/ A Partnership

/_/ A Corporation

/_/ A S. Corporation

Proposer Company Address:

Street Address ________________________________________________________

P.O. Box (if any) ______________________________________________________

City ______________________ State _______________ Zip Code ______________

Telephone _______________________ Fax no. ______________________________

1st Contact Name ____________________________ Title _____________________

2nd

Contact Name ____________________________ Title_____________________

Parent Company Name (if applicable) _____________________________________

Parent Company Address (if different)

Street Address ________________________________________________________

P.O. Box (if any) ______________________________________________________

City _______________________ State _______________Zip Code _____________

Telephone ________________________ Fax no. ____________________________

1st Contact Name ___________________________ Title ______________________

2nd

Contact Name ___________________________ Title ______________________





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List the location of the Proposer’s office which would perform District/Association work.

Street Address ________________________________________________________

P.O. Box (if any) ______________________________________________________

City _____________________ State _____________________ Zip Code _________

Telephone _____________________________ Fax No. _______________________

1st Contact Name __________________________ Title _______________________

If the proposer is a corporation, is it incorporated in the state of Florida?

Yes ( ) (Proceed to Question 6.1) No ( ) (Proceed to Question 6.2)

If yes, provide the following:

Is the company in good standing with the Florida Secretary of State, Division of Corporations?

Yes ( ) No ( )

If no, please explain _______________________________________________

________________________________________________________________

________________________________________________________________

Date Incorporated ________________________ Charter No. ______________

If no, provide the following:

The state in which Proposer is incorporated: ___________________________

Is the company in good standing with that state? Yes ( ) No ( )


________________________________________________________________

________________________________________________________________

Date incorporated ______________________ Charter No. ________________

Is the applicant registered with the State of Florida? Yes ( ) No ( )

If the Proposer is a partnership (including a limited partnership or limited liability partnership) or

limited liability company, is it organized in the State of Florida?





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Yes ( ) (Proceed to Question 7.1) No ( ) (Proceed to Question 7.2)

If yes, is the Proposer registered with the Florida Department of State, Division of Corporations?

Yes ( ) No ( )


__________________________________________________________________

__________________________________________________________________

Is the Proposer in good standing with the State of Florida? Yes ( ) No ( )

If no, please explain ________________________________________________

__________________________________________________________________

__________________________________________________________________

Date Proposer was organized: _____________________________

If no, provide the following:

The state in which Proposer is organized: ______________________________

Is the Proposer in good standing with that state? Yes ( ) No ( )


________________________________________________________________

________________________________________________________________

Date Proposer was organized: ______________________________

Is the Proposer registered as a foreign partnership or limited liability company with the State of

Florida? Yes ( ) No ( )


________________________________________________________________

Does Proposer hold any registrations or licenses with the State of Florida applicable to the

contract?

Yes ( ) No ( )





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If yes, provide the following information and attach one (1) photocopy of each listed license

(attach additional sheets if necessary):

Type of registration ________________________________________________

License No. _______________________ Expiration Date _________________

Qualifying Individual _________________________ Title_________________

List company(s) currently qualified under this license _____________________

______________________________________________________________

Does the Proposer hold any registrations or licenses with Bay County applicable to the contract?

Yes ( ) No ( )

If yes, please list and provide a photocopy of each listed license or registration:

_______________________________________________________________

List the Proposer’s total annual dollar value of work completed for each of the last three (3) years

starting with the latest year and ending with the most current year.

(2012)_______________, (2013) _______________, (2014) _______________

What are the Proposer’s current insurance limits? (Provide a copy of applicant’s Certificate of

Insurance)

General Liability $_________________

Automobile Liability $_________________

Workers Compensation $_________________

Expiration Date $_________________

Has the proposer been sited by OSHA for any job site or company office/shop safety violations in

the past two years? Yes ( ) No ( )

If yes, please describe each violation, fine, and resolution

_____________________________________________________________________

_____________________________________________________________________

What is the Proposer’s current worker compensation rating?

________________________________________________________________





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11.2.1 Has the Proposer experienced any worker injuries resulting in a worker losing more than

ten (10) working days as a result of the injury in the past two years? Yes ( ) No ( )

If yes, please describe each incident

________________________________________________________________

________________________________________________________________

________________________________________________________________

The undersigned hereby authorize(s) and request(s) a person, firm or corporation to furnish any

pertinent information requested by the District or Association or their authorized agents, deemed

necessary to verify the statements made in this application or attachments hereto, or regarding the

ability, standing and general reputation of the applicant.

______________________________ By: ___________________________

Name of Proposer [Name and Title]

This _________day of ____________, 2015 By: ___________________________

[Name and Title]

(Apply Corporate Seal, if filing as a corporation)

State of Florida

County of _______________

The foregoing instrument was acknowledged before me this _____ day of ___________,

2015, by ________________________, of the _______________________ who is personally

known to me or who has produced _______________________________ as identification and

who did (did not) take an oath.

__________________________________

Signature of Notary taking acknowledgement





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PRICING FORM

LAKE POWELL RESIDENTIAL GOLF COMMUNITY DEVELOPMENT DISTRICT

Pricing Instructions: This Pricing Form is intended to cover landscape and irrigation services delivered

to the District. A map of both the District and Association is attached, outlining the boundaries of each

and delineating the area of service for landscape and irrigation work to be performed according to the

Landscape and Irrigation Maintenance Specifications. In order to determine accurate pricing for the

landscape and irrigation services to be delivered to the District, Proposers should refer to the Landscape

and Irrigation Maintenance Specifications in Exhibit “D”, which provides the detail regarding the work to

be performed by the Proposer if awarded the Final Contract. “Grand Total” should be completed by the

Proposer. The bid amount entered should correspond with the Specifications of services provided in the

Landscape and Irrigation Maintenance Specifications for the Lake Powell Residential Golf Community

Development District.

LPRGCDD

$ Year 1 Grand Total



Prices for additional Services NOT included in this

agreement

Mulch (2x per year is included in this agreement) Should an

additional mulch application be needed the price will be

$_______/application

Annual Color Rotations 2x per year is included in this

agreement (includes 1,381 sq. ft. plus the front entrance at

HWY 98 and the roundabout) Should an additional Color

Rotation be needed the price will be $_________/rotation

Emergency Irrigation on Call ( Price per man hour) $______/hr.





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PRICING FORM


Pricing Instructions: This Pricing Form is intended to cover landscape and irrigation services delivered

to the Association. A map of both the District and Association is attached, outlining the boundaries of

each and delineating the area of service for landscape and irrigation work to be performed according to

the Landscape and Irrigation Maintenance Specifications. In order to determine accurate pricing for the

landscape and irrigation services to be delivered to the Association. Proposers should refer to the

Landscape and Irrigation Maintenance Specifications in Exhibit “F”, which provides the detail regarding

the work to be performed by the Proposer if awarded the Final Contract. “Grand Total” should be

completed by the Proposer. The bid amount entered should correspond with the Specifications of services

provided in the Landscape and Irrigation Maintenance Specifications for the Wild Heron Property

Owners Association.

WHPOA




Prices for additional Services not included in this agreement

Mulch (2x per year is included in this agreement) Should an

additional mulch application be needed the price will be

$_______/application

Annual Color Rotations 2x per year is included in this

agreement. Should an additional Color Rotation be needed the

price will be $_________/rotation

Emergency Irrigation on Call ( Price per man hour)





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DISTRICT AND ASSOCIATION MAP

WILD

HER

ON

WAY

WILD

HER

ON

WAYM

AR

SH

PO

INT

LAN

E

TRUMPET TRAIL

ARROWHEAD TERRACE

SWEETBAY TRAIL

TURTLEBACK TRAIL

SWEET BAY TRAIL

GLENTRACE

FOX

MARSH RABBIT RUN

PINFISH DRIVE

DU

NE

LAK

E TR

AIL

PR

OM

EN

AD

E

EAST WATER OAK BEND

SHARK'S TOOTH TRAIL

LOST COVE LANE

SHAR

K'S

TOO

TH T

RAIL

LOS NINO'S~

SHARK 'STOOTH TRAIL

CO

VE

LA

NE

LOS

T

SALAM

ANDER TRAIL

SALAMANDER TRAIL

PR

OS

PE

CT P

RO

ME

NA

DE

EGRET C

OU

RT

W I L D H E R O N WA Y

WILD HERON WAY

L I TT LE HAWK LANE

SK I MMER COURT

DA

YF

LO

WE

R D

RI V

E

O L D OA K T

RA

IL

WEST WATER OAK BEND

L O S T COV E C T

SO

UT

HE

RN

PT

CT

OTTE

R P

T

SHAR

K'S

TOO

TH T

RAIL

LOS

T C

OVE

LA

NE

SA

LAM

AN

DE

R T

RA

IL

WI

LD

HE

RO

N

WA

Y

US HWY 98

BR

IDG

E

CDD & POA LANSCAPE CONTRACT

BAY COUNTY, FLORIDA

WILD HERONLAKE POWELL RESIDENTIAL GOLF CDD





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AFFIDAVIT OF NON-COLLUSION

State of ________________

County of _______________

I ____________________________, do hereby certify that I have not, either directly or indirectly

participated in collusion or proposal rigging. Affiant is a ____________________ in the firm of

_____________________________________________, and authorized to make this affidavit on behalf

of the same. I understand that I am swearing or affirming under oath to the truthfulness of the claims

made in this affidavit and that the punishment for knowingly making a false statement includes fines

and/or imprisonment. Dated this ___ day of _________________, 2015.

____________________________________

Signature by authorized representative of Proposer





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ACKNOWLEDGEMENT OF RECEIPT OF DOCUMENTS

AND PROPOSAL SIGNATURE FORM

This Proposal for Landscape Maintenance Services has been submitted on this _____ day of

_____________, 2015 by _________________________ [company] whose business address is

_____________________________________________________________________________________

_____________________________________, telephone number is _______________, and fax number

is ________________.

The undersigned acknowledges, by the below execution of this proposal, that all information

provided herein has been provided in full and that such information is truthful and accurate. Proposer

agrees through submission of this Proposal to honor all pricing information sixty (60) days from the date

of the Proposal opening, and if awarded the contract on the basis of this Proposal to enter into and execute

the services contract in substantially the form included in the proposal documents.

Proposer understands that inclusion of false, deceptive or fraudulent statements on this proposal

constitutes fraud; and, that the District considers such action on the part of the Proposer to constitute good

cause for denial, suspension or revocation of a proposal for work for the Lake Powell Residential

Community Development District.

Furthermore, the undersigned acknowledges receipt of the following addenda, the provisions of

which have been included in this Request for Proposals.

Addendum No. ____________________ dated _________________________









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The undersigned hereby authorize(s) and request(s) any person, firm, or corporation to furnish any

pertinent information requested by the District or Association, or their authorized agents, deemed

necessary to verify the statements made in this proposal or attachments hereto, or regarding the ability,

standing and general reputation of the proposer.

_____________________________ By: __________________________

Name of Organization Print Name and Title

This _____ day of ___________, 2015 By: __________________________

Print Name and Title

(Apply Corporate Seal if filing as a Corporation)

State of Incorporation ________________________

State of _________________

County of _______________

The foregoing instrument was acknowledged before me this _____ day of ___________, 2015,

by ___________________________, of the ____________________________ who is personally known

to me or who has produced ________________________________ as identification and who did (did

not) take an oath.

________________________________________

Signature of Notary taking acknowledgement

Contract No. ________________





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EXHIBIT A

GENERAL RELEASE

The undersigned, for and in consideration of the payment of the sum of $_________________, paid by

Lake Powell Residential Golf Community Development District and $___________________, Paid by

Wild Heron Property Owners Association, (hereinafter referred to as Owner), receipt of which is hereby

acknowledged as complete compensation for performance of Contract Number ________________, does

hereby fully and completely discharge and release the Owner, its agents, employees, consultants, officers,

directors, successors and assigns, the District Manager, and the District Engineer from any and all debts,

accounts, promises, damages, liens, encumbrances, causes of action, suits, bonds, liabilities, judgments,

claims and demands whatsoever, in law or in equity, which the undersigned ever had, now has or might

hereafter have on account of labor performed, material furnished or services rendered, directly or

indirectly, for the contract between the parties dated ________________ (the Contract). The undersigned

here certifies that all material men, suppliers, subcontractors or others furnishing labor, goods, supplies or

materials in connection with the Contract have been fully paid and satisfied and hereby agrees to hold

harmless and indemnify Owner from any such claims, liens, demands, judgments, causes of action, suits

or other liabilities which Owner/Engineer may incur as a result of any such non-payment or other dispute.

The undersigned further agrees that in the event the Owner is required, in its sole discretion, to enforce

this release or the Contract in court proceedings or otherwise, then Owner shall be allowed to recover

reasonable attorneys fees and costs incurred, whether incurred at trial, on appeal or in alternative dispute

resolution.

Witnesses: _______________________________

Print Name of Contractor

_______________________

_______________________ ________________________________

Authorized Signature

State of Florida

County of __________________

The foregoing instrument was acknowledged before me this ____ day of ________________, 2015, by

__________________________, who is personally known/produced identification.

___________________________________

Notary Public

State of Florida at Large

My Commission Expires





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EXHIBIT B

ADDENDA





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EXHIBIT C

LAKE POWELL RESIDENTIAL GOLFCOMMUNITY DEVELOPMENT DISTRICT:

LANDSCAPE AND IRRIGATION MAINTENANCE SERVICES AGREEMENT

THIS AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES (herein the

“Agreement"), entered into this ___ day of _______________, 2015, by and between the Lake

Powell Residential Golf Community Development District, a Florida community development

district (the "District"), and ________________________ (the "Contractor").

WITNESSETH:

WHEREAS, the District is a local unit of special purpose government created in

accordance with the Uniform Community Development District Act of 1980, Chapter 190,

Florida Statutes, as amended; and

WHEREAS, the District desires to utilize the services of the Contractor for the purpose of

providing landscape maintenance services to the District; and

WHEREAS, the Contractor desires to provide such landscape maintenance services to the

District;

NOW, THEREFORE, in consideration of the mutual covenants and agreements

expressed herein, and other good and valuable consideration, the parties hereto agree as follows:

1) Engagement and Provision of Services: The District hereby engages the Contractor for

the services described as "General Landscape Maintenance" as such terms are defined and more

fully described in Exhibit "D" attached hereto and incorporated herein, (collectively, the

"Services") to be performed within the District. The Contractor agrees to furnish and be solely

responsible for all labor, equipment and materials required to perform the Services.

2. Term: This Agreement shall become effective on ______________ (the "Effective

Date") and shall continue through __________________ (the "Initial Term") unless sooner

terminated pursuant to Section 6 or 7 hereof. Unless this Agreement has been previously

terminated by either party pursuant to the terms herein, upon the expiration of the Initial Term

this Agreement shall continue to remain in effect until such time as either party gives to the other

at least sixty (60) days written notice of its desire to terminate; upon the expiration of such sixty

(60)-day period this Agreement shall be terminated.





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3. Compensation and Payment to Contractor:

a. Landscape and Irrigation Maintenance: The District agrees to compensate the

Contractor for performance of the General Landscape Maintenance portion of the

Services at an annual rate of $________ Year 1, $_________Year 2,

$__________ Year 3, payable in twelve (12) equal monthly installments.

Compensation by the District shall be payable upon receipt of proper written

invoice from the Contractor. All invoices to be submitted within thirty (30) days

of completed work.

Maintenance activities not covered in this agreement (Items covered in Exhibit "D") shall be

performed upon request of District or its authorized representative and shall be separately

invoiced by the Contractor upon completion of said work as quoted by Contractor prior to

performance. Invoices from Contractor submitted within thirty (30) days of completed work are

payable upon receipt and are due on the last day of the invoice period.

4. Quality of Service: Contractor agrees to perform its duties hereunder in a "first class" and professional manner and

complete the Services in such a way that is reasonably acceptable to District. If, at any time, the

District should become dissatisfied with the level of work being performed by Contractor or

claims that Contractor has failed to perform any Services, such dissatisfaction or claim shall be

submitted to Contractor in writing.

5. Insurance: a. The Contractor shall, at its own expense, secure all insurance policies, including

employee insurance, necessary for the proper provision of the Services and

maintenance of the District's landscape facilities.

b. All insurance shall be issued by companies authorized to do business under the

laws of the State of Florida, and must be acceptable to the District. The

Contractor shall furnish certificates of insurance to the District prior to

commencing work under this Agreement, naming the District as an additional

insured, and the Contractor shall maintain such certificates in full force and effect.

c. Each certificate shall clearly indicate that the Contractor has obtained insurance of

the type, amount and classification as required for strict compliance with this

Section 5, and there shall be no material change or cancellation of any insurance

policy without thirty (30) days prior written notice to the District.

d. Insurance coverage shall be as follows:

i. Worker's Compensation: the Contractor shall provide worker's

compensation coverage for all employees. The limits shall be the statutory

limits for worker's compensation and $1,000,000 for employer's liability.

ii. Comprehensive General Liability: the Contractor shall provide coverage

for all operations including, but not limited to, Contractual, Products and

complete Operations and Personal Injury, in an amount of at least





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$1,000,000 combined single limit.

iii. Automobile liability Insurance for bodily injuries in limits of not less than

$500,000 per person and accident for property damage of not less than

$500,000 per accident out of or resulting from the operations, maintenance

or use by Contractor or any owned, non-owned or hired automobiles,

trailers or other equipments required to be licensed.

iv. Other Insurance: the Contractor agrees to acquire and maintain such

other insurance as may be reasonably required by the District during the

term of this Agreement.

v. Contractor shall provide the District with the evidence of the above

insurance when responding to this RFP. No certificate of insurance

shall be acceptable to the District unless it provides that any changes or

termination within the policy periods of the insurance coverage as

certified shall not be effective without ten (10) days prior written notice

to the District.

vi. In the event the Contractor retains subcontractors, the Contractor shall

be responsible for assuring that all subcontractors carry insurance in the

minimum amount set forth in this Paragraph 5.

e. Acceptance by the District of any evidence of insurance submitted by the

Contractor does not relieve or decrease in any manner the liability of the

Contractor for performance of the services. The Contractor is responsible for any

losses, claims or costs of any kind arising out of or related to the Services or this

Agreement which the Contractor's insurance does not cover.

6. Termination: This Agreement can be terminated by either party, with just cause, upon

sixty (60) days prior written notice to the other party. In the case of an event of default by the

Contractor, the District may terminate either entity’s Agreement separately or jointly in

accordance with the terms set forth in Section 7.

7. Default: For the purposes hereof, an "Event of Default" (herein so called) shall mean

and refer to the existence of any one or more of the following enumerated circumstances,

conditions or events after the giving of any notice which may be specifically called for herein

and the passage of any cure period which may be specifically granted herein without cure of the

proscribed circumstance, condition or event:

a. Material Default: A default by Contractor in the performance of any material

obligation or covenant of this Agreement and the default is not cured within

thirty (30) days following written notice thereof, or such additional time as may

reasonably be necessary under the circumstances;

b. Bankruptcy or Receivership: Contractor applies for or consents to the

appointment of a receiver, trustee, or liquidator of all or a substantial part of its

assets, or makes a general assignment for the benefit of its creditors, or files a

voluntary petition in bankruptcy or a petition seeking reorganization,





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composition, arrangement with creditors, liquidation or similar relief under any

present or future statute, law or regulations, or files any answer admitting the

material allegations of a petition filed against it in any such proceeding, or is

adjudicated bankrupt or insolvent, or takes any action in anticipation of

dissolution; or

c. Reorganization or Dissolution: Any final order, judgment, or decree (that is,

any order, judgment, or decree affirmed on appeal to a court of last resort or,

where no appellate review is sought, after the expiration of any period to

appeal) is entered without the application, approval, or consent of Contractor by

any court of competent jurisdiction, approving a petition seeking

reorganization, dissolution, composition, arrangement with creditors,

liquidation, or similar relief under any present or further statute, law or

regulation with respect to Contractor, or appointing a receiver, trustee, or

liquidator of all or a substantial part of Contractor's assets, and such order,

judgment, or decree continues unstayed and in effect for sixty (60) days.

Upon the occurrence of an Event of Default hereunder by Contractor, the

District shall be entitled to avail itself of any and all rights and remedies against

Contractor available at law or in equity, including without limitation the

following rights and remedies: (a) the right to extend the time for performance

by Contractor without thereby affecting or waiving District's other remedies

under this Agreement, (b) the right to declare the termination of this Agreement

by written notice delivered to Manager, in which event this Agreement shall be

terminated at the time designated in such notice, (c) the right to institute an

action against Contractor for specific performance, injunctive relief, and/or

(with or without terminating this Agreement) for recovery from Contractor of

all damages suffered, incurred or sustained by District as the result of, by reason

of, or in connection with the default, and (d), at the sole option of District,

performance of the duty or payment of the obligation giving rise to the default,

in which event any expenses reasonably incurred in connection therewith shall

be reimbursed by Contractor upon demand, together with interest on the

amounts so expended at the maximum rate allowed by law from the date of

expenditure to the date of reimbursement.

8. Notices: Any notice required or permitted to be given by the terms of this Agreement or

under any applicable law by either party shall be in writing and shall be either hand delivered or

sent by certified or registered mail, postage prepaid, return receipt requested. Such written

notice shall be addressed to:

District: Lake Powell Residential Golf Community Development District

Attention: District Manager

6131 Lyons Road, Suite 100

Coconut Creek, FL 33073





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With a copy to: Burke Blue

Attention: Michael S. Burke, Esq.

16215 Panama City Beach Parkway

Panama City Beach, FL 32413

Contractor: __________________________

__________________________

__________________________

__________________________

9. Indemnification: The Contractor agrees to indemnify, save harmless and defend the

District, its officers, directors, board members, employees, agents, and assigns, from and against

any and all liabilities, claims, penalties, forfeitures, suits, legal or administrative proceedings,

demands, fines, punitive damages, losses, liabilities and interests, and any and all costs and

expenses incident thereto (including costs of defense, settlement and reasonable attorneys' fees,

which shall include fees incurred in any administrative, judicial or appellate proceeding) which

the District, its officers, directors, board members, employees, agents, and assigns, may hereafter

incur, become responsible for or pay out to the extent arising out of (i) the Contractor's breach of

any term or provision of this Agreement, or (ii) any act or omission of the Contractor, its agents,

employees or subcontractors, in the performance of this Agreement.

10. Compliance with All Laws, Regulations, Rules and Policies: The Contractor

recognizes that the District is a governmental entity, that its assets are public facilities and that

their operation is subject to all applicable statutes, rules and regulations.

a. At all times, the Contractor is expected and required to operate within and comply

with all applicable federal, state and local laws and regulations including, but not

limited to, all environmental, labor, employment and insurance laws and

regulations, as well as the rules and policies of the District.

b. The District is a local unit of special purpose government created in accordance

with the Uniform Community Development District Act of 1980, Chapter 190,

Florida Statutes. Contractor agrees to comply with all applicable requirements of

the "Sunshine Law," the "Public Records Law," the Community Development

Districts Law, and all other statutes and regulations applicable to Contractor.

c. Contractor shall promptly comply with all rules, laws, regulations, policies and

notices and shall not keep or accumulate any flammable, polluting, or hazardous

materials or substances on District property except in quantities reasonably

necessary to carry out its duties under this Agreement. The Contractor shall hold

the District harmless from any fines, penalties, costs and damages resulting from

the Contractor's failure to do so. The contractor shall immediately discontinue

any activity, which is in violation of law and shall remedy the same immediately;

the Contractor shall be responsible for the payment of any associated fines or

penalties.

d. Contractor shall be responsible for all payroll taxes and payments required under

employment insurance laws with respect to employees of Contractor performing





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pursuant to this agreement.

11. District a Public Entity: Contractor acknowledges that District is a local unit of

special purpose government created pursuant to and in accordance with the Uniform

Community Development District Act of 1980, Chapter 190, Florida Statutes.

12. Order of Documentation: This Agreement supersedes all prior and contemporaneous

agreements and understandings between the parties, whether written or oral, relating to the

subject hereof. Any further agreements must be mutually agreed upon between the parties in

writing and signed only by authorized officers of the parties.

13. Attorneys' Fees: In the case of the failure of either party hereto to perform and comply

with any of the terms, covenants or conditions hereof, and such terms, covenants or conditions,

or damages for the breach of same are enforced or collected by suit or arbitration or through an

attorney at law, whether suit or arbitration or through an attorney at law, whether suit or

arbitration is brought or not, the party so failing to perform and comply hereby agrees to pay the

other party hereto a reasonable sum of money for attorneys' fees, together with the costs, charges,

and expenses of such collection or other enforcement of rights in any such litigation or

arbitration.

14. Subordination: This Agreement shall be subordinate to any existing mortgage,

assessment or lien, and all amendments, future advances, modifications, and renewals hereunder,

for so long as any such mortgage, assessment or lien encumbers any portion of the District.

15. Covenants and Representations: The Contractor acknowledges that it has read and

agrees to all terms, provisions requirements of this Agreement. Contractor represents and

warrants that it is a valid corporation duly organized and validly existing in the State of Florida,

is qualified to conduct business in the State of Florida, and has the capacity and full power and

authority to enter into and carry out the agreements contained in, and the transactions

contemplated by, this Agreement, and that this Agreement has been duly authorized and

executed by Contractor and, upon delivery to and execution by District, shall be a valid and

binding Agreement of Contractor.

16. Governing Law and Jurisdiction: This Agreement shall be interpreted and enforced

under the laws of the State of Florida. Any litigation arising under this Agreement shall be

venues in the Circuit Court of Bay County, Florida. THE PARTIES WAIVE TRIAL BY JURY

AND AGREE TO SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF A

COURT IN BAY COUNTY, FLORIDA.

17. Independent Contractor Status: At all times hereunder, the Contractor shall undertake

all duties, obligations, and responsibilities as an independent contractor, and not as an agent or

representative of the District. It is further acknowledged that nothing herein shall be deemed to

create or establish a partnership or joint venture between the District and the Contractor. The

Contractor has no authority to enter into any contracts or agreements, whether oral or written, on

behalf of the District.





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18. Waivers: No failure by either party to insist upon the strict performance of any

covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy

upon a breach thereof shall constitute a waiver of any such breach or of such or any other

covenant, agreement, term or condition. Any party hereto, by written notice executed by such

party may, but shall be under no obligation to, waive any of its rights or any conditions to its

obligations hereunder, or any duty, obligation, or covenant of any other party hereto. No waiver

shall affect or alter this Agreement, but each and every covenant, agreement, term and condition

of this Agreement shall continue in full force and effect with respect to any other then-existing or

subsequent breach thereof.

19. Captions: The captions for each paragraph of this Agreement are for convenience and

reference only and in no way define, describe, extend or limit the scope or intent of this

Agreement, or the intent of any provision hereof. Whenever used, the singular number shall

include the plural, the plural the singular, and the use of any gender shall include all genders, as

the context requires.

20. Successors and Assigns: The Contractor may not assign this Agreement or any of the

rights and duties expressed herein except with the District's prior written consent which must

have District Board approval. All provisions of this Agreement shall be binding upon, inure to

the benefit of, and be enforceable by and against the respective legal successors and assigns of

District or Contractor.

21. Preparation of Agreement: The Contractor and the District have had equal input in the

drafting of this Agreement and, in consideration thereof, the language used in this Agreement

will be construed according to its fair and common meaning and will not be construed more

stringently or liberally for either party.

22. Severability: If any provisions of this Agreement are held to be illegal or invalid, the

other provisions shall remain in full force and effect.

23. No Property Interest or Recordation: No property interest (real or personal) is

conveyed hereby and neither party shall record this Agreement or any memorandum or notice

thereof in the public records.

24. No Modification: No modification, waiver, amendment, discharge or change of this

Agreement shall be valid unless the same is in writing and signed by the Parties against which

such enforcement is or may be sought. This instrument contains the entire Agreement made

between the parties and may not be modified orally or in any manner other than by an

Agreement in writing signed by all parties hereto or their respective successors in interest.

25. Time of the Essence, Force Majeure: Time shall be of the essence as to all dates and

times of performance under this Agreement. Notwithstanding the foregoing, in the event the

deadline for the performance of an action or the giving of a notice falls on a Saturday, Sunday or

national holiday, or any period provided for in this Agreement shall expire on a Saturday,





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Sunday or national holiday, then the date for the performance of such action or giving of such

notice, or the expiration date of such period, as applicable, shall be automatically extended to

midnight of the next following business day. Also, any provision of this Agreement to the

contrary notwithstanding, any failure or delay of either party to perform as provided under this

Agreement shall not be a breach of this Agreement, and any applicable deadline shall be

automatically extended, if and to the extent such failure or delay results from any of the

following: act of God, inclement weather, discovery of any adverse physical or environmental

condition of the subject property, moratorium or other stop work order issued by any

governmental authority, terrorist act, war, riot or civil commotion or delay caused by the other

party. In the event contractor cannot perform, or is delayed in the performance of, the Services

as a result of any such described event, District shall be relieved of the obligation of paying

Contractor for such unperformed Services for the period of time the Services are actually delayed

or hindered.

26. Counterparts: This Agreement may be executed in any number of counterparts, each of

which shall be deemed an original and all of which, taken together, shall constitute one and the

same instrument.

IN WITNESS WHEREOF, District and Contractor have hereunto set their hand and seals

on the date and year first written above.

Signed and Sealed BOARD OF SUPERVISORS LAKE POWELL

In the presence of: RESIDENTIAL GOLF COMMUNITY

DEVELOPMENT DISTRICT

By:

Witness Chair/Vice Chair

_________________________________

Witness

CONTRACTOR

Witness Name, Title (Contractor)

Witness





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EXHIBIT D

LAKE POWELL RESIDENTIAL GOLF COMMUNITY DEVELOPMENT DISTRICT:

LANDSCAPE AND IRRIGATION MAINTENANCE SPECIFICATIONS

TURF MANAGEMENT:

Mowing and Edging: Lawns shall be mowed at a height of 2 inches to 3½ inches every 7 to 10

days as conditions dictate using a rotary-type mower. Blades will be balanced and sharpened prior to

each mowing or as needed. The total number of mowing in this agreement is 36 for the Bermuda.

Clippings shall be removed from all paved and mulched surfaces after each mowing. Clippings shall

not be caught and removed from lawn area unless they are lying in swaths which may damage the

lawn. Trimming around trees, shrubs, signs and foundations shall be performed with each mowing.

Work shall be performed using hand tools or mechanical devices to present a neat and manicured

appearance. All accessible curbing shall be edged using mechanical methods 36 times per year. All

accessible concrete walks shall be edged using mechanical methods 36 times per year. All dirt and

debris resulting from edging operations shall be removed from the curbs, walks, driveways and

patios.

Fertilization: All turf areas shall be fertilized 6 times per year with the proper blend for each

season. Contractor is to perform soil test analysis once per year and is required to make necessary

adjustments for improper pH levels.

Disease control: is maintained through proper fertilization, mowing and water management. In the

event that disease problems occur Contractor will use treatments to stop or slow progression of

disease. This program does not include the prevention of disease with weekly or monthly

applications of disease control products. Contractor is responsible for weekly inspections of the

entire property and for the treatment of any disease related problems.

Insect Control: Contractor will provide 2 applications during the summer season to control turf

damaging insects using Federal and State registered insect control products as needed to prevent or

mitigate turf damage. Treatment of Fire Ants shall be INCLUDED in the proposal and agreement.

Disease caused by infestation of nematodes (microscopic round worms that feed on roots) is not

included. Currently, there is no effective nematode control product registered for use on landscapes.

Contractor will conduct weekly inspections and recommend additional treatments as necessary to

minimize damage should insects become a problem. The Contractor will provide a proposal for

additional applications as needed. Nematode control is available for some sports turf locations and

will be quoted separately if required.

Weed Control: Herbicides shall be added to the fertilizer for 2 applications to assist in the

reduction of the weeds. Contractor will use proper fertilization, mowing and watering practices to

promote the growth of weed resistant turf. Additionally, applications of pre and post emergence weed

controls will be applied at the required annual times. Physical removal and post-emergent weed

control such as Round-Up shall be used in treating problem weed areas and weeds that appear in all

areas but any damaged or grass killed off as a result of the weed control application shall be replaced

at the cost of the Contractor.





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GROUND COVER AREAS/SHRUB AREAS:

Edging: Edge beds and ground cover as needed to keep within bounds and away from obstacles.

Pruning: Shrubs shall be pruned 2 times per year or as needed to maintain the natural form of the

plant, to maintain growth within space limitations, and to eliminate damage or diseased wood. This

excludes pruning necessitated by storm damage, disease, neglected overgrowth or winterkill.

Removal of dead wood, diseased or plants/shrubs infested with insects, suckers, shots and irregular

growth shall also be removed. Contractor shall provide a proposal to replace plants and shrubs due to

being dead, damaged or diseased. Hand-pruning shall be utilized as necessary for certain shrubs. All

other pruning shall be performed by mechanical hedge trimmers. Contractor will touch up

pruning as needed to maintain a neat, clean edge along all pathways, sidewalks and curbs to maintain

a neat and clean appearance.

Weed Control: Physical removal and post-emergent weed control such as Round-Up shall be

used in treating problem weed areas and weeds that appear in ALL bed areas and tree rings. Care

shall be taken to prevent damage to plant material and turf areas. All paved areas, beds and tree rings

shall be sprayed 40 times per year or as necessary to control weed population.

Fertilization: The fertilization program for trees (including palms) and established shrub beds

shall be 2 times per year to provide the equivalent of 1 pound nitrogen per 100 square feet or as

recommended by commercial grade applications and in compliance with EPA regulations.

Commercial grade will be mixed granules or palletized fertilizer, with not less than 50% of the total

nitrogen being slowly soluble. Herbicides shall be added to the fertilizer for 2 applications to assist in

the reduction of weeds.

Fungicide: Apply recommended, legally approved fungicides to control disease-causing damage to

ornamentals as needed and identified.

Pesticide: Apply recommended, legally approved pesticides to control insects causing damage to


Control of imported pests: Certain locations in the United States have a record of accidental

introduction of pests from other countries. These imported pests can be very damaging and difficult

or impossible to control with available products. Where such pests become a problem Contractor will

recommend the most cost effective alternatives for pest mitigation.

TREE CARE:

Pruning: Height limitation for tree pruning covered in the specification is 12 feet. Once a year, all

trees on/alongside the Districts Roads and ROW for maintenance will be lifted to a height of 12 feet.

Contractor will keep all District Roads clear from all low hanging branches that present a hazard to

pedestrian or vehicular traffic including emergency vehicles transiting the District roads. More

frequent pruning may be needed dependent upon growth and shall be included in this proposal.

Evergreen trees less than 12 feet shall be thinned out and shaped only if necessary to minimize wind

and storm damage.

Pruning of Palm trees are excluded from this contract. A separate proposal will be

requested at the time Palm tree pruning is needed.

Staking: Stakes are to be inspected and adjusted or removed as necessary. When trees attain a

trunk caliper of 4” or substantial root development stability, removal will be discussed with client.





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ANNUAL COLOR:

Installation: Contractor shall be responsible for installation and maintenance of seasonal color for (2)

rotations in designated District locations, including the front entrance near HWY 98 and the round

about. Seasonal rotations will occur in the spring and fall. Install annual color beds with the

specified variety, size, spacing, and frequency. Clean beds and thoroughly prepare soil prior to

planting. Bed areas shall be formed to create a moderate crown which “faces up” toward the

direction of the greatest foot or automobile traffic. Bed areas shall have ¼ inch of finely ground pine

bark mulch at all times. Exact color and plant selection will be defined by a designated person or

landscaping committee as appointed by the District Board of Supervisors.

Fertilization: Apply appropriate fertilizer at a rate and frequency needed to promote plant visor

and flowering. Contractor shall have full responsibility for determining proper formulating and rates

of fertilization to maintain healthy and vigorous plants. Contractor shall till the beds to a depth of 12

inches with all amendments thoroughly mixed. Fertilizers shall be raked into the top 6 inches of soil

mix.

Weeding: Control weeds by chemical means where effective, otherwise remove by hand.

Contractor shall be responsible for weekly inspections of annual bed areas and treatment of insects or

disease. Plants shall be pruned to avoid becoming unsightly and to maintain a consistent uniform

mass.

Fungicide: Apply recommended, legally-approved fungicides to control disease causing damage to

annual color area.

Pesticide: Apply recommended, legally-approved pesticides to control insects causing damage to

annual color area.

Weed Control: Pre-emerged: This type of control should be used only if a known weed problem

warrants its use. The chosen chemical will be recommended and legally approved for the specific

weed problem.

MULCHED AREAS:

Mulched areas will be inspected during days of service. Weeds and grasses shall be controlled with

recommended, legally approved herbicides only if necessary. In those areas with excessive mulch

build-up alternatives will be discussed with the client.

Contractor will be responsible for two (2) complete applications of dark Cypress mulch in all District

owned areas requiring mulch, including flower beds which will occur in the spring and fall. Mulch is

to be spread at least 2” in depth. None of the old or previously laid mulch shall be visible.

Exact mulch colors will be defined by a designated person or landscaping committee as

appointed by the District Board of Supervisors.





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IRRIGATION SYSTEM:

The irrigation system will be inspected 6 times with attention given to proper coverage and zone

settings. All adjustments and cleaning of heads will be included in this inspection. All repairs shall

be approved in writing by the customer before work is performed; provided, however, that Contractor

shall perform emergency repairs without prior written approval and shall invoice the CDD for the

costs of the repair.

Emergency Repairs that are performed by Contractor will be billed at $__________ per hour, plus

parts; provided, however, all repairs shall be approved in writing by the customer before work is

performed. In the event of an emergency, Contractor shall perform emergency repairs without prior

written approval and shall invoice the CDD for the costs of the repair.

Watering shall be scheduled with automatic controllers to supply quantities and frequencies

consistent with seasonal requirements of the plant materials in the landscape. In some circumstances,

water scheduling may be limited by local watering restrictions. Where practical, watering shall be

done at night or early morning if the system is automatic, unless notified otherwise by the District.

Any damages to the irrigation system caused by the Contractor while carrying out maintenance

operations shall be repaired without charge. Where practical, repairs shall be made within one

watering period.

Faulty equipment, vandalism or accidental damage caused by others shall be reported promptly to

District. Cost of labor and material to perform repair is an extra and shall be paid for by the owner

upon authorization.

Whenever possible, District’s representative shall be instructed on how to turn off system in case of

emergency. Our office is to be advised at once or by next business day.

DEBRIS CLEANUP AND SEVERE WEATHER CLEANUP:

All landscape areas shall be inspected on days of service and excess debris removed. Gardening

debris, generated from our work, shall be removed from paved areas on days of service. This

excludes leaf fall pickup from parking areas, sidewalks, pools, etc.

In the event of a natural disaster such as a hurricane, tornado or flood, the Contractor shall not be

responsible under this proposal/agreement for the debris cleanup operation outside the agreed

maintenance contract. In the event of a hurricane, tornado or flood, the District will solicit the

Contractor and other Contractors for proposals to perform the aftermath cleanup.

BIO-HAZARDS:

Contractor shall not be responsible for policing, picking up, removing or disposing of certain

materials that may be bio-hazards on District Property. This includes, but not limited to, items such

as hypodermic needles and razors. Contractor is not responsible for the handling of condoms,

feminine hygiene products, clothing or materials used in the process of cleaning up bodily fluids.

Contractor shall only be obligated to report/communicate any observations of potential bio-hazards to

the District for their appropriate removal by others, unless previously arranged between the District

and the Contractor.





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CONTRACTOR’S PERSONNEL

The Contractor shall provide all necessary labor, material, equipment, and designate a qualified

representative with experience in the services being provided under this specification. All qualified

workers shall be U.S. citizens or legal residents, and/or authorized to work in the United States. The

supervisor will be knowledgeable in horticulture, agronomy and landscape management. The

Contractor shall only have properly trained personnel on site to ensure that all operations are

performed safely and effectively. All Contractor personnel shall be in uniform and look presentable

at all times. A representative of the Contractor shall be available at anytime for a site walk-through

with a member of the staff or designated person appointed by the District. A monthly walk through

shall be conducted with said members.





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EXHIBIT E

WILD HERON PROPERTY OWNERS ASSOCIATION, INC.:

LANDSCAPE AND IRRIGATION MAINTENANCE SERVICES AGREEMENT

THIS AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES (herein the

“Agreement"), entered into this ___ day of _______________, 2015, by and between the Wild

Heron Property Owner’s Association, Inc., a Florida not-for-profit corporation (the "Association

"), and ________________________ (the "Contractor").

WITNESSETH:

WHEREAS, the Association is a Florida not-for-profit corporation created in accordance

with the Chapter 720, Florida Statutes, as amended; and

WHEREAS, Lake Powell Residential Golf Community Development District, a Florida

community development district (the "District"), is a local unit of special purpose government

created in accordance with the Uniform Community Development District Act of 1980, Chapter

190, Florida Statutes, as amended;

WHEREAS, the Association and District desires to utilize the services of the Contractor

for the purpose of providing landscape maintenance services to each; and

WHEREAS, the Contractor desires to provide such landscape maintenance services to the

Association and District;

NOW, THEREFORE, in consideration of the mutual covenants and agreements

expressed herein, and other good and valuable consideration, the parties hereto agree as follows:

1. `Engagement and Provision of Services: The Association hereby engages the

Contractor for the services described as "General Landscape Maintenance" as such terms are

defined and more fully described in Exhibit "F" attached hereto and incorporated herein,

(collectively, the "Services") to be performed within the Association. The Contractor agrees to

furnish and be solely responsible for all labor, equipment and materials required to perform the

Services.

2. Term: This Agreement shall become effective on ______________ (the "Effective

Date") and shall continue through __________________ (the "Initial Term") unless sooner

terminated pursuant to Section 6 or 7 hereof. Unless this Agreement has been previously

terminated by either party pursuant to the terms herein, upon the expiration of the Initial Term

this Agreement shall continue to remain in effect until such time as either party gives to the other

at least sixty (60) days written notice of its desire to terminate; upon the expiration of such sixty

(60) day period this Agreement shall be terminated.





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3. Compensation and Payment to Contractor:

a. Landscape and Irrigation Maintenance: The Association agrees to compensate

the Contractor for performance of the General Landscape Maintenance portion of

the Services at an annual rate of $________ Year 1, $_________Year 2,

$__________ Year 3, payable in twelve (12) equal monthly installments.

Compensation by the Association shall be payable upon receipt of proper written

invoice from the Contractor. All invoices to be submitted within thirty (30) days

of completed work.

Maintenance activities not covered in this agreement (Items covered in Exhibit "F") shall be

performed upon request of Association or its authorized representative and shall be separately

invoiced by the Contractor upon completion of said work as quoted by Contractor prior to

performance. Invoices from Contractor submitted within thirty (30) days of completed work are

payable upon receipt and are due on the last day of the invoice period.

4. Quality of Service: Contractor agrees to perform its duties hereunder in a "first class"

and professional manner and complete the Services in such a way that is reasonably acceptable

to Association. If, at any time, the Association should become dissatisfied with the level of work

being performed by Contractor or claims that Contractor has failed to perform any Services, such

dissatisfaction or claim shall be submitted to Contractor in writing.

5. Insurance:

a. The Contractor shall, at its own expense, secure all insurance policies, including

employee insurance, necessary for the proper provision of the Services and

maintenance of the Association's landscape facilities.

b. All insurance shall be issued by companies authorized to do business under the

laws of the State of Florida, and must be acceptable to the Association. The

Contractor shall furnish certificates of insurance to the Association prior to

commencing work under this Agreement, naming the Association as an additional

insured and/or co-insured, and the Contractor shall maintain such certificates in

full force and effect.

c. Each certificate shall clearly indicate that the Contractor has obtained insurance of

the type, amount and classification as required for strict compliance with this

Section 5, and there shall be no material change or cancellation of any insurance

policy without thirty (30) days prior written notice to the Association.

d. Insurance coverage shall be as follows:

i. Worker's Compensation: the Contractor shall provide worker's

compensation coverage for all employees. The limits shall be the statutory

limits for worker's compensation and $1,000,000 for employer's liability.

ii. Comprehensive General Liability: the Contractor shall provide coverage

for all operations including, but not limited to, Contractual, Products and

complete Operations and Personal Injury, in an amount of at least

$1,000,000 combined single limit.





36

iii. Automobile liability Insurance for bodily injuries in limits of not less than

$500,000 per person and accident for property damage of not less than

$500,000 per accident out of or resulting from the operations, maintenance

or use by Contractor or any owned, non-owned or hired automobiles,

trailers or other equipments required to be licensed.

iv. Other Insurance: the Contractor agrees to acquire and maintain such

other insurance as may be reasonably required by the Association during

the term of this Agreement.

v. Contractor shall provide the Association with the evidence of the above

insurance when responding to this RFP. No certificate of insurance

shall be acceptable to the Association unless it provides that any

changes or termination within the policy periods of the insurance

coverage as certified shall not be effective without ten (10) days prior

written notice to the Association.

vi. In the event the Contractor retains subcontractors, the Contractor shall

be responsible for assuring that all subcontractors carry insurance in the

minimum amount set forth in this Paragraph 5.

e. Acceptance by the Association of any evidence of insurance submitted by the

Contractor does not relieve or decrease in any manner the liability of the

Contractor for performance of the services. The Contractor is responsible for any

losses, claims or costs of any kind arising out of or related to the Services or this

Agreement which the Contractor's insurance does not cover.

6. Termination: This Agreement can be terminated by either party, with just cause, upon

thirty (30) days prior written notice to the other party. In the case of an event of default by the

Contractor, the Association or District may terminate either entity’s Agreement separately or

jointly in accordance with the terms set forth in Section 7.

7. Default: For the purposes hereof, an "Event of Default" (herein so called) shall mean

and refer to the existence of any one or more of the following enumerated circumstances,

conditions or events after the giving of any notice which may be specifically called for herein

and the passage of any cure period which may be specifically granted herein without cure of the

proscribed circumstance, condition or event:

a. Material Default: A default by Contractor in the performance of any material

obligation or covenant of this Agreement and the default is not cured within

thirty (30) days following written notice thereof, or such additional time as may

reasonably be necessary under the circumstances;

b. Bankruptcy or Receivership: Contractor applies for or consents to the

appointment of a receiver, trustee, or liquidator of all or a substantial part of its

assets, or makes a general assignment for the benefit of its creditors, or files a

voluntary petition in bankruptcy or a petition seeking reorganization,

composition, arrangement with creditors, liquidation or similar relief under any





37

present or future statute, law or regulations, or files any answer admitting the

material allegations of a petition filed against it in any such proceeding, or is

adjudicated bankrupt or insolvent, or takes any action in anticipation of

dissolution; or

c. Reorganization or Dissolution: Any final order, judgment, or decree (that is,

any order, judgment, or decree affirmed on appeal to a court of last resort or,

where no appellate review is sought, after the expiration of any period to

appeal) is entered without the application, approval, or consent of Contractor by

any court of competent jurisdiction, approving a petition seeking

reorganization, dissolution, composition, arrangement with creditors,

liquidation, or similar relief under any present or further statute, law or

regulation with respect to Contractor, or appointing a receiver, trustee, or

liquidator of all or a substantial part of Contractor's assets, and such order,

judgment, or decree continues unstayed and in effect for sixty (60) days.

Upon the occurrence of an Event of Default hereunder by Contractor, the

Association shall be entitled to avail itself of any and all rights and remedies

against Contractor available at law or in equity, including without limitation the

following rights and remedies: (a) the right to extend the time for performance

by Contractor without thereby affecting or waiving Association's other remedies

under this Agreement, (b) the right to declare the termination of this Agreement

by written notice delivered to Manager, in which event this Agreement shall be

terminated at the time designated in such notice, (c) the right to institute an

action against Contractor for specific performance, injunctive relief, and/or

(with or without terminating this Agreement) for recovery from Contractor of

all damages suffered, incurred or sustained by Association as the result of, by

reason of, or in connection with the default, and (d), at the sole option of

Association, performance of the duty or payment of the obligation giving rise to

the default, in which event any expenses reasonably incurred in connection

therewith shall be reimbursed by Contractor upon demand, together with

interest on the amounts so expended at the maximum rate allowed by law from

the date of expenditure to the date of reimbursement.

8. Notices: Any notice required or permitted to be given by the terms of this Agreement or

under any applicable law by either party shall be in writing and shall be either hand delivered or

sent by certified or registered mail, postage prepaid, return receipt requested. Such written

notice shall be addressed to:

Association: Wild Heron Property Owners Association, Inc.

Attention: Association Manager

1110 Prospect Promenade

Panama City Beach, FL 32413





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With a copy to: Harrison Sale McCloy

Attention: Brandon R. Burg, Esq.

304 S. Magnolia Ave,

Panama City, FL 32401

Contractor: __________________________

__________________________

__________________________

__________________________

9. Indemnification: The Contractor agrees to indemnify, save harmless and defend the

Association/Association, its officers, directors, board members, employees, agents, and assigns,

from and against any and all liabilities, claims, penalties, forfeitures, suits, legal or administrative

proceedings, demands, fines, punitive damages, losses, liabilities and interests, and any and all

costs and expenses incident thereto (including costs of defense, settlement and reasonable

attorneys' fees, which shall include fees incurred in any administrative, judicial or appellate

proceeding) which the Association, its officers, directors, board members, employees, agents,

and assigns, may hereafter incur, become responsible for or pay out to the extent arising out of

(i) the Contractor's breach of any term or provision of this Agreement, or (ii) any act or omission

of the Contractor, its agents, employees or subcontractors, in the performance of this Agreement.

10. Compliance with All Laws, Regulations, Rules and Policies: The Contractor

recognizes that the Association is a governmental entity, that its assets are public facilities and

that their operation is subject to all applicable statutes, rules and regulations.

a. At all times, the Contractor is expected and required to operate within and comply

with all applicable federal, state and local laws and regulations including, but not

limited to, all environmental, labor, employment and insurance laws and

regulations, as well as the rules and policies of the Association.

b. Contractor shall promptly comply with all rules, laws, regulations, policies and

notices and shall not keep or accumulate any flammable, polluting, or hazardous

materials or substances on Association property except in quantities reasonably

necessary to carry out its duties under this Agreement. The Contractor shall hold

the Association harmless from any fines, penalties, costs and damages resulting

from the Contractor's failure to do so. The contractor shall immediately

discontinue any activity, which is in violation of law and shall remedy the same

immediately; the Contractor shall be responsible for the payment of any

associated fines or penalties.

c. Contractor shall be responsible for all payroll taxes and payments required under

employment insurance laws with respect to employees of Contractor performing

pursuant to this agreement.





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11. Intentionally Omitted

12. Order of Documentation: This Agreement supersedes all prior and contemporaneous

agreements and understandings between the parties, whether written or oral, relating to the

subject hereof. Any further agreements must be mutually agreed upon between the parties in

writing and signed only by authorized officers of the parties.

13. Attorneys' Fees: In the case of the failure of either party hereto to perform and comply

with any of the terms, covenants or conditions hereof, and such terms, covenants or conditions,

or damages for the breach of same are enforced or collected by suit or arbitration or through an

attorney at law, whether suit or arbitration or through an attorney at law, whether suit or

arbitration is brought or not, the party so failing to perform and comply hereby agrees to pay the

other party hereto a reasonable sum of money for attorneys' fees, together with the costs, charges,

and expenses of such collection or other enforcement of rights in any such litigation, arbitration,

or any appeal thereof.

14. Subordination: This Agreement shall be subordinate to any existing mortgage,

assessment or lien, and all amendments, future advances, modifications, and renewals hereunder,

for so long as any such mortgage, assessment or lien encumbers any portion of the Association.

15. Covenants and Representations: The Contractor acknowledges that it has read and

agrees to all terms, provisions requirements of this Agreement. Contractor represents and

warrants that it is a valid corporation duly organized and validly existing in the State of Florida,

is qualified to conduct business in the State of Florida, and has the capacity and full power and

authority to enter into and carry out the agreements contained in, and the transactions

contemplated by, this Agreement, and that this Agreement has been duly authorized and

executed by Contractor and, upon delivery to and execution by Association, shall be a valid and

binding Agreement of Contractor.

16. Governing Law and Jurisdiction: This Agreement shall be interpreted and enforced

under the laws of the State of Florida. Any litigation arising under this Agreement shall be

venues in the Circuit Court of Bay County, Florida. THE PARTIES WAIVE TRIAL BY JURY

AND AGREE TO SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF A

COURT IN BAY COUNTY, FLORIDA.

17. Independent Contractor Status: At all times hereunder, the Contractor shall undertake

all duties, obligations, and responsibilities as an independent contractor, and not as an agent or

representative of the Association. It is further acknowledged that nothing herein shall be deemed

to create or establish a partnership or joint venture between the Association and the Contractor.

The Contractor has no authority to enter into any contracts or agreements, whether oral or

written, on behalf of the Association.

18. Waivers: No failure by either party to insist upon the strict performance of any

covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy





40

upon a breach thereof shall constitute a waiver of any such breach or of such or any other

covenant, agreement, term or condition. Any party hereto, by written notice executed by such

party may, but shall be under no obligation to, waive any of its rights or any conditions to its

obligations hereunder, or any duty, obligation, or covenant of any other party hereto. No waiver

shall affect or alter this Agreement, but each and every covenant, agreement, term and condition

of this Agreement shall continue in full force and effect with respect to any other then-existing or

subsequent breach thereof.

19. Captions: The captions for each paragraph of this Agreement are for convenience and

reference only and in no way define, describe, extend or limit the scope or intent of this

Agreement, or the intent of any provision hereof. Whenever used, the singular number shall

include the plural, the plural the singular, and the use of any gender shall include all genders, as

the context requires.

20. Successors and Assigns: The Contractor may not assign this Agreement or any of the

rights and duties expressed herein except with the Association's prior written consent which must

have Association Board approval. All provisions of this Agreement shall be binding upon, inure

to the benefit of, and be enforceable by and against the respective legal successors and assigns of

Association or Contractor.

21. Preparation of Agreement: The Contractor and the Association have had equal input in

the drafting of this Agreement and, in consideration thereof, the language used in this Agreement

will be construed according to its fair and common meaning and will not be construed more

stringently or liberally for either party.

22. Severability: If any provisions of this Agreement are held to be illegal or invalid, the

other provisions shall remain in full force and effect.

23. No Property Interest or Recordation: No property interest (real or personal) is

conveyed hereby and neither party shall record this Agreement or any memorandum or notice

thereof in the public records.

24. No Modification: No modification, waiver, amendment, discharge or change of this

Agreement shall be valid unless the same is in writing and signed by the Parties against which

such enforcement is or may be sought. This instrument contains the entire Agreement made

between the parties and may not be modified orally or in any manner other than by an

Agreement in writing signed by all parties hereto or their respective successors in interest.

25. Time of the Essence, Force Majeure: Time shall be of the essence as to all dates and

times of performance under this Agreement. Notwithstanding the foregoing, in the event the

deadline for the performance of an action or the giving of a notice falls on a Saturday, Sunday or

national holiday, or any period provided for in this Agreement shall expire on a Saturday,

Sunday or national holiday, then the date for the performance of such action or giving of such

notice, or the expiration date of such period, as applicable, shall be automatically extended to

midnight of the next following business day. Also, any provision of this Agreement to the





41

contrary notwithstanding, any failure or delay of either party to perform as provided under this

Agreement shall not be a breach of this Agreement, and any applicable deadline shall be

automatically extended, if and to the extent such failure or delay results from any of the

following: act of God, inclement weather, discovery of any adverse physical or environmental

condition of the subject property, moratorium or other stop work order issued by any

governmental authority, terrorist act, war, riot or civil commotion or delay caused by the other

party. In the event contractor cannot perform, or is delayed in the performance of, the Services

as a result of any such described event, Association shall be relieved of the obligation of paying

Contractor for such unperformed Services for the period of time the Services are actually delayed

or hindered.

26. Counterparts: This Agreement may be executed in any number of counterparts, each of

which shall be deemed an original and all of which, taken together, shall constitute one and the

same instrument.

IN WITNESS WHEREOF, Association and Contractor have hereunto set their hand and

seals on the date and year first written above.

Signed and Sealed in the presence of:

By:

Witness

By:

Witness

WILD HERON PROPERTY OWNERS

ASSOCIATION, INC.

__________________________________

By: _______________________________

Its: _______________________________

Signed and Sealed in the presence of:

By:

Witness

By:

Witness

CONTRACTOR

__________________________________

By: _______________________________

Its: _______________________________





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EXHIBIT F

WILD HERON PROPERTY OWNERS ASSOCIATION, INC.:

LANDSCAPE AND IRRIGATION MAINTENANCE SPECIFICATIONS

TURF MANAGEMENT:

Mowing and Edging: Lawns shall be mowed at a height of 2 inches to 3½ inches every 7 to 10

days as conditions dictate using a rotary-type mower. Blades will be balanced and sharpened prior to

each mowing or as needed. The total number of mowing in this agreement is 36 for the Bermuda.

Clippings shall be removed from all paved and mulched surfaces after each mowing. Clippings shall

not be caught and removed from lawn area unless they are lying in swaths which may damage the

lawn. Trimming around trees, shrubs, signs and foundations shall be performed with each mowing.

Work shall be performed using hand tools or mechanical devices to present a neat and manicured

appearance. All accessible curbing shall be edged using mechanical methods 36 times per year. All

accessible concrete walks shall be edged using mechanical methods 36 times per year. All dirt and

debris resulting from edging operations shall be removed from the curbs, walks, driveways and

patios.

Fertilization: All turf areas shall be fertilized 6 times per year with the proper blend for each

season. Contractor is to perform soil test analysis once per year and is required to make necessary

adjustments for improper pH levels.

Disease control: is maintained through proper fertilization, mowing and water management. In the

event that disease problems occur Contractor will use treatments to stop or slow progression of

disease. This program does not include the prevention of disease with weekly or monthly

applications of disease control products. Contractor is responsible for weekly inspections of the

entire property and for the treatment of any disease related problems.

Insect Control: Contractor will provide 2 applications during the summer season to control turf

damaging insects using Federal and State registered insect control products as needed to prevent or

mitigate turf damage. Treatment of Fire Ants shall be INCLUDED in the proposal and agreement.

Disease caused by infestation of nematodes (microscopic round worms that feed on roots) is not

included. Currently, there is no effective nematode control product registered for use on landscapes.

Contractor will conduct weekly inspections and recommend additional treatments as necessary to

minimize damage should insects become a problem. The Contractor will provide a proposal for

additional applications as needed. Nematode control is available for some sports turf locations and

will be quoted separately if required.

Weed Control: Herbicides shall be added to the fertilizer for 2 applications to assist in the

reduction of the weeds. Contractor will use proper fertilization, mowing and watering practices to

promote the growth of weed resistant turf. Additionally, applications of pre and post emergence weed

controls will be applied at the required annual times. Physical removal and post-emergent weed

control such as Round-Up shall be used in treating problem weed areas and weeds that appear in all

areas but any damaged or grass killed off as a result of the weed control application shall be replaced

at the cost of the Contractor.





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GROUND COVER AREAS/SHRUB AREAS:

Edging: Edge beds and ground cover as needed to keep within bounds and away from obstacles.

Pruning: Shrubs shall be pruned 2 times per year or as needed to maintain the natural form of the

plant, to maintain growth within space limitations, and to eliminate damage or diseased wood. This

excludes pruning necessitated by storm damage, disease, neglected overgrowth or winterkill.

Removal of dead wood, diseased or plants/shrubs infested with insects, suckers, shots and irregular

growth shall also be removed. Contractor shall provide a proposal to replace plants and shrubs due to

being dead, damaged or diseased. Hand-pruning shall be utilized as necessary for certain shrubs. All

other pruning shall be performed by mechanical hedge trimmers. Contractor will touch up

pruning as needed to maintain a neat, clean edge along all pathways, sidewalks and curbs to maintain

a neat and clean appearance.

Weed Control: Physical removal and post-emergent weed control such as Round-Up shall be

used in treating problem weed areas and weeds that appear in ALL bed areas and tree rings. Care

shall be taken to prevent damage to plant material and turf areas. All paved areas, beds and tree rings

shall be sprayed 40 times per year or as necessary to control weed population.

Fertilization: The fertilization program for trees (including palms) and established shrub beds

shall be 2 times per year to provide the equivalent of 1 pound nitrogen per 100 square feet or as

recommended by commercial grade applications and in compliance with EPA regulations.

Commercial grade will be mixed granules or palletized fertilizer, with not less than 50% of the total

nitrogen being slowly soluble. Herbicides shall be added to the fertilizer for 2 applications to assist in

the reduction of weeds.

Fungicide: Apply recommended, legally approved fungicides to control disease-causing damage to


Pesticide: Apply recommended, legally approved pesticides to control insects causing damage to


Control of imported pests: Certain locations in the United States have a record of accidental

introduction of pests from other countries. These imported pests can be very damaging and difficult

or impossible to control with available products. Where such pests become a problem Contractor will

recommend the most cost effective alternatives for pest mitigation.

TREE CARE:

Pruning: Height limitation for tree pruning covered in the specification is 12 feet. Once a year, all

trees on/alongside the Association’s Roads and ROW(S) for maintenance will be lifted to a height of

12 feet. Contractor will keep all Association’s Roads clear from all low hanging branches that

present a hazard to pedestrian or vehicular traffic including emergency vehicles transiting the

Association’s roads. More frequent pruning may be needed dependent upon growth and shall be

included in this proposal. Evergreen trees less than 12 feet shall be thinned out and shaped only if

necessary to minimize wind and storm damage.

Pruning of Palm trees are excluded from this contract. A separate proposal will be

requested at the time Palm tree pruning is needed.

Staking: Stakes are to be inspected and adjusted or removed as necessary. When trees attain a

trunk caliper of 4” or substantial root development stability, removal will be discussed with client.





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ANNUAL COLOR:

Installation: As applicable, Contractor shall be responsible for installation and maintenance of

seasonal color for (2) rotations in designated Association locations, Seasonal rotations will occur in

the spring and fall. Install annual color beds with the specified variety, size, spacing, and frequency.

Clean beds and thoroughly prepare soil prior to planting. Bed areas shall be formed to create a

moderate crown which “faces up” toward the direction of the greatest foot or automobile traffic. Bed

areas shall have ¼ inch of finely ground pine bark mulch at all times. Exact color and plant

selection will be defined by a designated person or landscaping committee as appointed by the

Association Board Members.

Fertilization: Apply appropriate fertilizer at a rate and frequency needed to promote plant visor

and flowering. Contractor shall have full responsibility for determining proper formulating and rates

of fertilization to maintain healthy and vigorous plants. Contractor shall till the beds to a depth of 12

inches with all amendments thoroughly mixed. Fertilizers shall be raked into the top 6 inches of soil

mix.

Weeding: Control weeds by chemical means where effective, otherwise remove by hand.

Contractor shall be responsible for weekly inspections of annual bed areas and treatment of insects or

disease. Plants shall be pruned to avoid becoming unsightly and to maintain a consistent uniform

mass.

Fungicide: Apply recommended, legally-approved fungicides to control disease causing damage to

annual color area.

Pesticide: Apply recommended, legally-approved pesticides to control insects causing damage to

annual color area.

Weed Control: Pre-emerged: This type of control should be used only if a known weed problem

warrants its use. The chosen chemical will be recommended and legally approved for the specific

weed problem.

MULCHED AREAS:

Mulched areas will be inspected during days of service. Weeds and grasses shall be controlled with

recommended, legally approved herbicides only if necessary. In those areas with excessive mulch

build-up alternatives will be discussed with the client.

Contractor will be responsible for two (2) complete applications of dark Cypress mulch in all

Association owned areas requiring mulch, including flower beds which will occur in the spring and

fall. Mulch is to be spread at least 2” in depth. None of the old or previously laid mulch shall be

visible.

Exact mulch colors will be defined by a designated person or landscaping committee as

appointed by the Association Board Members.





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IRRIGATION SYSTEM:

The irrigation system will be inspected 6 times with attention given to proper coverage and zone

settings. All adjustments and cleaning of heads will be included in this inspection. All repairs shall

be approved in writing by the customer before work is performed; provided, however, that Contractor

shall perform emergency repairs without prior written approval and shall invoice the Association for

the costs of the repair.

Emergency Repairs that are performed by Contractor will be billed at $__________ per hour, plus

parts; provided, however, all repairs shall be approved in writing by the customer before work is

performed. In the event of an emergency, Contractor shall perform emergency repairs without prior

written approval and shall invoice the Association for the costs of the repair.

Watering shall be scheduled with automatic controllers to supply quantities and frequencies

consistent with seasonal requirements of the plant materials in the landscape. In some circumstances,

water scheduling may be limited by local watering restrictions. Where practical, watering shall be

done at night or early morning if the system is automatic, unless notified otherwise by the

Association.

Any damages to the irrigation system caused by the Contractor while carrying out maintenance

operations shall be repaired without charge. Where practical, repairs shall be made within one

watering period.

Faulty equipment, vandalism or accidental damage caused by others shall be reported promptly to

Association. Cost of labor and material to perform repair is an extra and shall be paid for by the

Association upon authorization.

Whenever possible, Association’s representative shall be instructed on how to turn off system in case

of emergency. Our office is to be advised at once or by next business day.

DEBRIS CLEANUP AND SEVERE WEATHER CLEANUP:

All landscape areas shall be inspected on days of service and excess debris removed. Gardening

debris, generated from our work, shall be removed from paved areas on days of service. This

excludes leaf fall pickup from parking areas, sidewalks, pools, etc.

In the event of a natural disaster such as a hurricane, tornado or flood, the Contractor shall not be

responsible under this proposal/agreement for the debris cleanup operation outside the agreed

maintenance contract. In the event of a hurricane, tornado or flood, the Association will solicit the

Contractor and other Contractors for proposals to perform the aftermath cleanup.

BIO-HAZARDS:

Contractor shall not be responsible for policing, picking up, removing or disposing of certain

materials that may be bio-hazards on Association Property. This includes, but not limited to, items

such as hypodermic needles and razors. Contractor is not responsible for the handling of condoms,

feminine hygiene products, clothing or materials used in the process of cleaning up bodily fluids.

Contractor shall only be obligated to report/communicate any observations of potential bio-hazards to

the Association for their appropriate removal by others, unless previously arranged between the

Association and the Contractor.





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CONTRACTOR’S PERSONNEL

The Contractor shall provide all necessary labor, material, equipment, and designate a qualified

representative with experience in the services being provided under this specification. All qualified

workers shall be U.S. citizens or legal residents, and/or authorized to work in the United States. The

supervisor will be knowledgeable in horticulture, agronomy and landscape management. The

Contractor shall only have properly trained personnel on site to ensure that all operations are

performed safely and effectively. All Contractor personnel shall be in uniform and look presentable

at all times. A representative of the Contractor shall be available at anytime for a site walk-through

with a member of the staff or designated person appointed by the Association. A monthly walk

through shall be conducted with said members.