HomeMy WebLinkAbout2014 03 24 Consent 300 City Facilties Landscape Maintenance Agreement COMMISSION AGENDA
Informational
Consent X
ITEM 300 public Hearings
g
Regular
March 24, 2014 KS RS
Regular Meeting City Manager Department
REQUEST:
The Community Development Department, Urban Beautification Services Division, is
requesting that the City Commission approve a landscape maintenance services
agreement for City Facilities in the amount of$30,840 with Annan Landscape Company.
SYNOPSIS:
On July 12, 2013, proposals for City Facilities Landscape Maintenance were requested in
response to a notice of termination sent to the City by Kirkland's Property Management
Services, LLC., the current landscape contractor at that time. Four (4)bids were
received pursuant to the request and the lowest, most qualified bidder (Greener Grounds,
LLC) was selected for an annual landscape maintenance agreement for City Facilities at a
cost of$27,960.
On February 26, 2014, Greener Grounds, LLC., provided the City with notice of
cancellation for the Facilities Landscape Maintenance Agreement and also expressed the
desire to remain in good standing for future work opportunities. Staff feels that their
cancellation may be due to the increased difficulty of the upcoming growing season;
however, staff is pleased to report that the City Facilities were left in better condition than
when Greener Grounds started work on the project back in August 2013.
Of the bids received on July 12, 2013, Annan Landscaping Company (owned and operated
by City of Winter Springs Resident Scott Annan) was ranked #2 based on price and #1
based on experience with like projects. Notwithstanding increased costs of doing business
since their bid was submitted, Annan Landscaping has reaffirmed their original price of
$28,920 for this project. In addition, staff has added areas to the original scope of
work including the Oak Forest Wastewater Plant and Lake Jesup Water Augmentation
Consent 300 PAGE 1 OF 3- March 24,2014
Plant, bringing the total cost to $30,840 for one (1) year of service. An interim thirty (30)
day agreement with Annan has been authorized to care for the City Facilities until the City
Commission is able to act on this matter.
CONSIDERATIONS:
The scope of work includes mowing, weeding, edging, shrub trimming, tree pruning,
mulching, litter removal, and irrigation maintenance (where applicable)for the following
City Facilities:
• Public Works Administration (P.D. Training Building) $900/yr
• City Hall Complex $6600/yr
• Police Department Complex $6600/yr
• Public Works Compound $4800/yr
• Old Water Plant#1 $360/yr
• Sheoah Blvd Plant#2 $420/yr
• Bahama Plant#3 $420/yr
• East Water Plant#1 $1620/yr
• West Waste Water Plant $3600/yr
• East Waste Water Plant $3600/yr
Added to Scope of Work
• Oak Forest Wastewater Plant $420/yr
• Lake Jesup Water Augmentation Plant $1500/yr
Total $30,840
Bid Tabulations from July 12, 2013 Proposals
• Annan Landscaping - $28,920 (without additional scope of work)
• Dawnalee Corporation - $38,500
• Eastwood Tuff Turf- $42,300
• Greener Grounds, LLC. -$27,960 (Feb 26, 2014- Cancelled Services)
FISCAL IMPACT:
Funding for services provided pursuant to this agreement is available and will be expended
from Urban Beautification Services Line Code (1525-54682), PW/Utility Line Codes (3600-
54682, 3600-54681, 3600-54680, 3600-54671) and City Hall Line Code (4414-54682). The
base contract cost of $30,840 will be expended over a twelve month period, beginning
on April 1, 2014. An additional $2,880 will be required for the agreement with Annan (as
compared to the previous contract)in the upcoming FY 2014/15 Budget, however, no
increase will be required for the remainder of the current budget year due to cost
containment measures implemented by staff.
The initial term of this agreement is for one (1) year with the option to extend for five (5)
one-year periods, if the work provided meets or exceeds city standards. The service
provider may, at the City's option, be entitled to an increase in an amount not to exceed one-
half(1/2) the change in the Consumer Price Index (CPI), not exceeding two percent(2%) of
the total base contract cost, of the most recent twelve (12) month period.
Consent 300 PAGE 2 OF 3- March 24,2014
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas/Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
RECOMMENDATION:
Staff is recommending that the City Commission approve a landscape maintenance services
agreement for City Facilities with Annan Landscape Company in the amount of $30,840
and authorize the City Manager and City Attorney to prepare and execute any and all
applicable documents required for this project.
ATTACHMENTS:
A) City Facilities Landscape Maintenance Agreement with Annan Landscaping
Consent 300 PAGE 3 OF 3- March 24,2014
Attachment 'A'
AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES
THIS AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES ("Agreement") is made and entered
into by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City"), located at 1126 East
State Road 434,Winter Springs,Florida 32708, and Annan Landscape Company,authorized to conduct business in Florida
("Service Provider"),located at:991 Explorer Cove,Altamonte Springs,FL 32701
WITNESSETH:
WHEREAS, City wishes to obtain landscape maintenance services for the City Facilities for a limited time period;
and
WHEREAS, Service Provider participated in the selection and negotiation process;and
WHEREAS, Service Provider is willing to provide such landscape maintenance services for the City Facilities,for
the City under the terms and conditions stated herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged,the parties covenant and agree as follows:
1.0 GENERAL PROVISIONS
1.1 Recitals. The foregoing recitals are deemed to be true and accurate and are fully incorporated herein by
reference.
1.2 Engagement. The City hereby engages Service Provider and Service Provider agrees to perform the
Services outlined in this Agreement for the stated fee arrangement. No prior or present agreements or representations shall
be binding upon any of the parties hereto unless incorporated in this Agreement.
1.3 Due Diligence. Service Provider acknowledges that it has investigated prior to the execution of this
Agreement and satisfied itself as to the conditions affecting the Services, the availability of materials and labor, the cost
thereof, the requirements to obtain necessary insurance as set forth herein, and the steps necessary to complete the Services
within the time set forth herein. Service Provider warrants unto the City that it has the competence and abilities to carefully
and faithfully complete the Services within the time set forth herein. Service Provider will perform its Services with due and
reasonable diligence consistent with sound professional practices.
2.0 TERM AND DEFINITIONS.
2.1 The term of this Agreement shall be for twelve (12) months, commencing on April 1,2014,and terminating at
midnight on March 31,2015,unless either party chooses to exercise its rights under Section 20, "Termination". The parties
shall have the option to extend the term of this Agreement for five (5) one-year periods. Any such extension shall be by
mutual written agreement of all parties and shall be executed no less than ninety (90) days prior to the expiration of this
Agreement's current term.
The City Manager or the City Manager's designee (hereinafter"City Manager") shall review the performance of the
Service Provider annually at least ninety (90) days prior to the Agreement's anniversary date. The City manager shall
recommend a one (1)year extension or termination. Should the Service Provider and City agree to extend the Agreement,
the Service Provider may be entitled to an increase in rates in an amount not to exceed one half (1/2) the change in the
Consumer Price Index(CPI), not to exceed two percent(2%)of the base contract cost,for the most recently available twelve
(12) month period for All Urban Consumers (CPI-U) for All Items, U.S. City average, published by the Bureau of Labor
Statistics of the U.S. Department of Labor for 1982-84,or the successor index to same. Said increase shall become effective
beginning with the invoice for work performed after the start of the new Agreement period, if such an increase is granted in
writing by the City.
2.2 Definitions. The following words and phrases used in this Agreement shall have the following meaning
ascribed to them unless the context clearly indicates otherwise:
City Facilities Landscape Maintenance - 2014 Annan Landscape Company
a. "Agreement" or "Contract" shall be used interchangeably and shall refer to this
Agreement, as amended from time to time, which shall constitute authorization for the
Service Provider to provide the maintenance services approved by the City.
b. "Effective Date" shall be the date on which the last signatory hereto shall execute this
Agreement, and it shall be the date on which this Agreement shall go into effect. The
Agreement shall not go into effect until said date.
C. "Service Provider" shall mean Annan Landscape Company,a Florida Corporation, and
its principals,officers,employees,and agents.
d. "Public Record" shall have the meaning given in Section 119.011(1),Florida Statutes.
C. "Work" or"Services" shall be used interchangeably and shall include the performance of
the work agreed to by the parties in this Agreement.
f. "City Project Manager" or "Designated Representative" or "Project Director" shall mean the City's Urban
Beautification Manager,or his/her designee,who is to provide the general administration of the Agreement.
3.0 SCOPE OF SERVICES
Service Provider shall do,perform, deliver and carry out, in a professional manner,the type of services as
set forth in the"Scope of Work,"attached hereto as Exhibit `A' and fully incorporated herein by this reference,including but
not limited to the furnishing of all labor,equipment,tools,materials,and incidentals.
4.0 AMENDMENTS AND MODIFICATIONS
Any cardinal change in the terms and conditions set forth in this Agreement must be mutually agreed to by
both the City and the Service Provider,and may be implemented only after this Agreement has been amended in writing.
The City reserves the right to make changes in the work, including alterations, reductions therein, or additions
thereto. Upon receipt by the Service Provider of the City's notification of a contemplated change,the Service Provider shall
(1) if requested by the City, provide an estimate for the increase or decrease in cost due to the contemplated change, (2)
notify the City of any estimated change in the completion date, and(3)advise the City in writing if the contemplated change
shall affect the Service Provider's ability to meet the completion dates or schedules of this Agreement.
If the City so instructs, in writing,the Service Provider shall suspend work on that portion of the work affected by a
contemplated change,pending the City's decision to proceed with the change. If the City elects to make the change,the City
shall issue an Amendment to this Agreement or Change Order and the Service Provider shall not commence work on any
such change until such written amendment or change order has been issued and signed by each of the parties.
5.0 SCHEDULE
Service Provider shall perform services in conformance with the schedule reasonably established by the
City Project Manager. Service Provider shall complete all of said services in a timely manner and will keep City apprised of
the status of work on at least a monthly basis or as otherwise reasonably requested by the City. Should Service Provider fall
behind on the established schedule,it shall employ such resources so as to comply with the schedule.
No extension for completion of services shall be granted to Service Provider without City's prior written
consent.
6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF SERVICE PROVIDER
6.1 Compensation. For the Services provided pursuant to the Agreement, the City agrees to pay Service
Provider a sum not to exceed Thirtv Thousand Eight Hundred and Fortv Dollars (530,840.00) as detailed in Exhibit B'
(Bid Calculation Sheet). If this Agreement is extended,the total annual amount paid to Service Provider shall not exceed the
above mentioned number adjusted by the Producer Price Index as set forth in paragraph 2.1 of this Agreement.
City Facilities Landscape Maintenance - 2014 Annan Landscape Company
6.2 Additional Services. From time to time during the term of this Agreement, City may request that Service
Provider perform additional Services not required under the Project Manual. For those additional services agreed upon by
the City and Service Provider in writing, City agrees to pay Service Provider a total amount equal to that mutually agreed
upon by the parties in writing.
6.3 Payment. Upon receipt of a proper invoice from Service Provider, the City agrees to pay the Service
Provider the invoice amount providing said amount accurately reflects the terms and conditions of this Agreement. Invoices
may only be submitted on a monthly basis unless otherwise agreed by the City. Unless otherwise agreed in writing by the
City, there shall be no other compensation paid to the Service Provider and its principals, employees, and independent
professional associates and consultants in the performance of Work under this Agreement. The City agrees to make all
payments due within thirty (30)days of receipt of a proper invoice delivered by Service Provider. The Service Provider may
only bill the City for actual work performed.
6.4 Truth-In-Negotiation Certificate. Signature of this Agreement by the Service Provider shall act as the
execution of a truth-in-negotiation certificate certifying that the wage and rates and costs used to determine the compensation
provided for in this Agreement are accurate,complete,and current as of the date of the Agreement.
7.0 RIGHT TO INSPECTION
7.1 City or its affiliates shall at all times have the right to review or observe the services performed by Service
Provider.
7.2 No inspection, review, or observation shall relieve Service Provider of its responsibility under this
Agreement.
8.0 AUDIT AND INSPECTIONS
The Service Provider shall maintain records on the City's projects, in accordance with generally accepted
accounting principals and practices to substantiate all invoiced amounts. Said records will be available to the City during the
Service Provider's normal business hours for a period of two (2) years after the Service Provider's final invoice for
examination to the extent required to verify the direct costs(excluding established or standard allowances and taxes)incurred
herein. Should such an audit by the City reveal monies owed to the City, the Service Provider shall reimburse the City for
the cost of the audit and pay the principal overcharge amount owed the City plus interest accrued at the prime interest rate in
effect on the date of discovery. Said interest rate shall apply to the principal overcharge amount revealed in the audit for the
period from the original payment due date(s)to the payment by the Service Provider of all monies owed.
9.0 PROFESSIONALISM AND STANDARD OF CARE
Service Provider shall do, perform and carry out in a professional manner all Services required to be
performed by this Agreement. Service Provider shall also use the degree of care and skill in performing the Services that are
ordinarily exercised under similar circumstances by reputable members of Service Provider's profession working in the same
or similar locality as Service Provider.
10.0 SUBMITTAL OF PROGRESS REPORTS
Service Provider shall submit a monthly written progress report as to the status of all Work set forth in this
Agreement. The report shall in a sufficient manner demonstrate that any funds expended were used to provide the agreed-
upon Services. If the detail is not sufficient in the City Project Manager's reasonable discretion to permit the City to
determine the Work performed or the manner in which it is being performed,the City may seek more detail from the Service
Provider. Service Provider agrees to provide that information within a reasonable time period.
11.0 WARRANTY OF PROFESSIONAL SERVICES
The Service Provider (for itself and any of its employees, Service Providers, partners, and agents used to
perform the Services) hereby warrants unto the City that all of its employees (and those of any of its Service Providers,
partners, and agents used to perform the Services) have sufficient experience to properly complete the Services specified
herein or as may be performed pursuant to this Agreement. In pursuit of any Work,the Service Provider shall supervise and
direct the Work,using its best skill and attention and shall enforce strict discipline and good order among its employees. The
City Facilities Landscape Maintenance - 2014 Annan Landscape Company
Service Provider shall comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing
on the performance of the Work.
12.0 CORPORATE REPRESENTATIONS BY SERVICE PROVIDER
Service Provider hereby represents and warrants to the City the following:
a. Service Provider is duly registered and licensed to do business in the State of Florida and is in
good standing under the laws of Florida, and is duly qualified and authorized to carry on the
functions and operations set forth in this Agreement.
b. The undersigned signatory for Service Provider has the power,authority,and the legal right to
enter into and perform the obligations set forth in this Agreement and all applicable exhibits
thereto, and the execution, delivery, and performance hereof by Service Provider has been
duly authorized by the board of directors and/or president of Service Provider. In support of
said representation, Service Provider agrees to provide a copy to the City of a corporate
certificate of good standing provided by the State of Florida prior to the execution of this
Agreement.
c. Service Provider is duly licensed under all local, state and federal laws to provide the Services
stated in paragraph 3.0 herein. In support of said representation, Service Provider agrees to
provide a copy of all said licenses to the City prior to the execution of this Agreement.
13.0 WORK IS A PRIVATE UNDERTAKING
With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and
between the parties hereto that the contractual relationship between the City and Service Provider is such that the Service
Provider is an independent Service Provider and not an agent of the City. The Service Provider, its Service Providers,
partners, agents, and their employees are independent Service Providers and not employees of the City. Nothing in this
Agreement shall be interpreted to establish any relationship other than that of an independent Service Provider,between the
City, on one hand, and the Service Provider, its Service Providers, partners, employees, or agents, during or after the
performance of the Work under this Agreement.
14.0 PROGRESS MEETING
City Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required
by the City, during the term of work entered into under this Agreement. Service Provider's Project Manager and all other
appropriate personnel shall attend such meetings as designated by the City Project Manager.
15.0 SAFETY
Precautions shall be exercised at all times for the protection of all persons (including the City's employees) and
property. The safety provisions of all applicable laws,regulations,and codes shall be observed. Hazards arising from the use
of vehicles, machinery, and equipment shall be guided or eliminated in accordance with the highest accepted standard of
safety. Service Provider shall be solely and absolutely responsible and assume all liability for the safety and supervision of
its principals,employees, Service Providers,and agents while performing Services provided hereunder.
16.0 INSURANCE
Service Provider shall maintain in full force and effect during the life of the Agreement, Worker's Compensation
insurance covering all employees in performance of work under the Agreement. Service Provider shall make this same
requirement of any of its subService Providers. Service Provider shall indemnify and save the City harmless for any damage
resulting to them for failure of either Service Provider or any subService Provider to take out or maintain such insurance.
The following are required types and minimum limits of insurance coverage which the Service Provider agrees to maintain
during the term of this Agreement:
City Facilities Landscape Maintenance - 2014 Annan Landscape Company
COVERAGE MINIMUM LIMITS
General and Auto Liability $500,000 per person/incident
$1,000,000 incident
Professional Liability(if applicable) $1,000,000
Worker's Compensation Statutory
Neither Service Provider nor any subService Provider shall commence work under this Agreement until they have obtained
all insurance required under this section and have supplied the City with evidence of such coverage in the form of a
Certificate of Insurance and endorsement. The City shall approve such certificates. All insurers shall be licensed to conduct
business in the State of Florida. Insurers must have, at a minimum, a policyholders' rating of"A", and a financial class of
"VIP" as reported in the latest edition of Best's Insurance Reports, unless the City grants specific approval for an exception.
All policies provided should be Occurrence, not Claims Made, forms. The Service Provider's insurance policies should be
endorsed to add the City of Winter Springs as an Additional Insured. The Service Provider shall be responsible for all
deductibles. All of the policies of insurance so required to be purchased and maintained shall contain a provision or
endorsement that the coverage afforded shall not be cancelled, materially changed or renewal refused until at least thirty (30)
calendar days written notice have been given to the City by certified mail.
17.0 COMPLIANCE WITH LAWS AND REGULATIONS
In the performance of work and services under this Agreement, Service Provider agrees to comply with all
Federal, State and Local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement that are
applicable to Service Provider, its employees, agents or subService Providers, if any, with respect to the work and services
described herein.
18.0 DOCUMENTS
18.1 Public Records. It is hereby specifically agreed that any record,document, computerized information and
program, audio or video tape,photograph, or other writing of the Service Provider and its independent Service Providers and
associates related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession
or control of the City or the Service Provider. Said record,document,computerized information and program,audio or video
tape, photograph, or other writing of the Service Provider is subject to the provisions of Chapter 119, Florida Statutes, and
may not be destroyed without the specific written approval of the City's City Manager. Upon request by the City,the Service
Provider shall promptly supply copies of said public records to the City. All books,cards, registers, receipts, documents, and
other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the
Service Provider be open and freely exhibited to the City for the purpose of examination and/or audit.
18.2 The Service Provider acknowledges that the City is a Florida municipal corporation and subject to the
Florida Public Records Law. Service Provider agrees that to the extent any document produced by Service Provider under
this Agreement constitutes a Public Record; Service Provider shall comply with the Florida Public Records Law.
19.0 ASSIGNMENT
19.1 Service Provider shall not assign or subcontract this Agreement, or any rights or any monies due or to
become due hereunder without the prior,written consent of City.
19.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by Service
Provider, Service Provider shall be fully responsible to City for all acts and/or omissions performed by the subSelvice
Provider as if no subcontract had been made.
19.3 If City determines that any subService Provider is not performing in accordance with this Agreement, City
shall so notify Service Provider who shall take immediate steps to remedy the situation.
19.4 If any part of this Agreement is subcontracted by Service Provider, prior to the commencement of any
Work by the subService Provider, Service Provider shall require the subService Provider to provide City and its affiliates
with insurance coverage as set forth by the City.
City Facilities Landscape Maintenance - 2014 Annan Landscape Company
20.0 TERMINATION
This Agreement may be terminated by the Service Provider upon thirty (30) days prior written notice to the City in the
event of substantial failure by the City to perform in accordance with the terms of this Agreement through no fault of the
Service Provider. It may also be terminated by the City with or without cause immediately upon written notice to the Service
Provider. Unless the Service Provider is in breach of this Agreement,the Service Provider shall be paid for services rendered
to the City's satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise
directed by the City,the Service Provider shall:
A. Stop work on the date and to the extent specified by the City.
B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work.
C. Transfer all work in process, completed work and other material related to the terminated work to the City or
approved designee.
D. Continue and complete all parts of the work that have not been terminated.
21.0 FORCE MAJEURE
Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if
and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving
Service Providers labor force); extraordinary breakdown of or damage to City's affiliates'generating plants,their equipment,
or facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or
causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party
to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any
circumstance of Force Majeure remains in effect for sixty days,either party may terminate this Agreement.
21.0 GOVERNING LAW&VENUE
This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the
laws of the State of Florida. Venue for any state action or litigation shall be Seminole County,Florida. Venue for any federal
action or litigation shall be in the Middle District of Florida in Orlando,Florida.
22.0 HEADINGS
23.1 Paragraph headings are for the convenience of the parties only and are not to be construed as part of this
Agreement.
23.0 SEVERABILITY
24.1 In the event any portion or part thereof of this Agreement is deemed invalid, against public policy,void, or
otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the City, shall negotiate an
equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of
this Agreement shall otherwise be fully enforceable.
24.0 INTEGRATION;MODIFICATION
25.1 The drafting, execution, and delivery of this Agreement by the Parties have been induced by no
representations, statements,warranties,or agreements other than those expressed herein. This Agreement
embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or
oral,in effect between the parties relating to the subject matter hereof unless expressly referred to herein.
25.0 THIRD PARTY RIGHTS
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and
Service Provider.
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26.0 PROHIBITION AGAINST CONTINGENT FEES
Service Provider warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for the Service Provider, to solicit or secure this Agreement, and that it has not paid or agreed to
pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Service
Provider, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement.
28.0 NO JOINT VENTURE
Nothing herein shall be deemed to create a joint venture or principal-agent relationship between
the parties, and neither party is authorized to, nor shall either parry act toward third persons or the public in any manner
which would indicate any such relationship with the other party.
29.0 ATTORNEY'S FEES
If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged
dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or
prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs, and all expenses (including
taxes) even if not taxable as court costs (including,without limitation, all such fees, costs and expenses incident to appeals),
incurred in that action or proceeding,in addition to any other relief to which such party or parties may be entitled.
30.0 COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which when so executed and delivered
shall be considered an original agreement;but such counterparts shall together constitute but one and the same instrument.
31.0 DRAFTING
City and Service Provider each represent that they have both shared equally in drafting this Agreement and no parry
shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties.
32.0 NOTICES
Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage
prepaid to:
For Service Provider:
Annan Landscape Company
991 Explorer Cove
Altamonte Springs,FL 32701
Phone: (407)339-7701
For Ci :
City of Winter Springs
Urban Beautification Manager
1126 East State Road 434
Winter Springs,FL 32708
Phone: (407)327-1800 x315
33.2 Either party may change the notice address by providing the other party written notice of the change.
34.0 SOVEREIGN IMMUNITY
Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be
construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations
imposed on the City's potential liability under state or federal law. As such,the City shall not be liable under this Agreement
City Facilities Landscape Maintenance - 2014 Annan Landscape Company
for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or
judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or
judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and
subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00).
This paragraph shall survive termination of this Agreement.
35.0 INDEMNIFICATION
35.1 For all Services performed pursuant to this Agreement, the Service Provider agrees to the fullest extent
permitted by law, to indemnify and hold harmless the City and its commissioners, employees, officers, and city attorneys
(individually and in their official capacity)from and against all claims,losses, damages,personal injuries (including but not
limited to death), or liability (including reasonable attorney's fees through any and all administrative, trial and appellate
proceedings),directly or indirectly arising from:
a. any default under this Agreement by Service Provider;
b. any negligent act, omission or operation of work related to all Services performed under
this Agreement by Service Provider, and its employees, principals, agents, independent
Service Providers,and consultants.
c. the acts, errors, omissions, intentional or otherwise, arising out of or resulting from
Service Provider's and its employees, partners, Service Providers, and agents on the
performance of the Services being performed under this Agreement;
d. Service Provider's, and its employees, partners, Service Providers, and agents failure to
comply with the provisions of any federal, state, or local laws, ordinance, or regulations
applicable to Service Provider's and its employees, partners, Service Providers, and
agents performance under this Agreement;
e. any fraud and misrepresentation conducted by Service Provider and its employees,
partners, Service Providers,and agents on the City under this Agreement.
35.2 The indemnification provided above shall obligate the Service Provider to defend at its own expense or to
provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and
actions of every name and description that may be brought against the City or its commissioners, employees, officers, and
City Attorney which may result from any negligent act, omission or operation of work related to the Services under this
Agreement whether the Services be performed by the Service Provider, or anyone directly or indirectly employed by them.
In all events the City and its commissioners, employees, officers, and City Attorney shall be permitted to choose legal
counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification
provided herein.
36.0 ORDER OF PRECEDENCE
36.1 In case of any inconsistency in any of the documents bearing on the Agreement between the City and the
Service Provider,the inconsistency shall be resolved by giving precedence in the following order:
a. Addenda to this Agreement subsequent to the Effective date of this Agreement;
b. This Agreement;
C. Exhibits to this Agreement;and
d. The Bid documents.
36.2 Any inconsistency in the work description shall be clarified by the City and performed by the Service
Provider.
37.0 AGREEMENT INTERPRETATION
37.1 At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in
the Agreement or specifications, the City at its sole discretion will interpret the intent of the Agreement and work
City Facilities Landscape Maintenance - 2014 Annan Landscape Company
descriptions and the Service Provider hereby agrees to abide by the City's interpretation and agrees to carry out the work in
accordance with the decision of the City.
37.2 When the material, article, or equipment is designated by a brand name and more than one brand name is
listed,it will be understood that the work is based on one brand name only. The Service Provider will be
responsible for all coordination necessary to accommodate the material, article, or equipment being provided without
additional cost to the City. A substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand
name specified. The City has full discretion to decide whether a substitute is reasonably equivalent. Service Provider must
notify the City prior to use of the substitute for a specified brand name and allow the City to make a determination before
Service Provider uses the substitute.
38.0 NONDISCRIMINATION
The Service Provider warrants and represents that it complies with all Federal and State requirements concerning
fair employment and will not discriminate by reason of race,color,religion, sex,age,national origin,or physical handicap.
39. ARREARS
The Service Provider shall not pledge the City's credit or make it guarantor of payment or surety for any contract,
debt,obligation,judgment, lien or any form of indebtedness. The Service Provider further warrants and represents that it has
no obligation for indebtedness that would impair its ability to fulfill the terms of this Agreement.
40. WARRANTY
The Service Provider warrants that skilled and competent personnel to the highest professional standards in the field
shall perform all services.
41. INDEPENDENT SERVICE PROVIDER
The Service Provider agrees that it is an independent Service Provider with respect to the services provided pursuant
to this Agreement, and not an employee, agent, or servant of the City. All persons engaged in any of the work or services
performed shall at all times, and in all places,be subject to the Service Provider's sole discretion, supervision, and control.
The Service Provider shall exercise control over the means and manner in which it and its employees perform the work; the
City's interest is in the results obtained. Nothing in this Agreement shall be considered to create the relationship of employer
and employee between the parties.
42. NONWAIVER
No inspection by the City, nor any payment for or acceptance of the whole or part of the items in this Agreement,
nor any extension of time,nor any possession taken by the City of the product or services hereunder shall operate as a waiver
of(1) any provision of this Agreement, (2)the right to have it fully performed, (3) any power herein reserved by the City or
(4) any right to damages under this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of
any other breach.
43. EXCLUSIVITY
This is not an exclusive Agreement. The City may,at its sole discretion,contract with other entities for work similar
to that to be performed by the Service Provider hereunder.
**Continue on the next page**
City Facilities Landscape Maintenance - 2014 Annan Landscape Company
IN WITNESS WHEREOF,the parties hereto caused this Agreement to be executed by
their duly authorized representatives as of the date first written above.
SERVICE PROVIDER:
Name(Printed and Signed)
Title
Date
CITY:
CITY OF WINTER SPRINGS,FLORIDA
A Florida municipal corporation
KEVIN L. SMITH
City Manager
Date
ATTEST:
ANDREA LORENZO-LUACES, City Clerk
City Facilities Landscape Maintenance - 2014 Annan Landscape Company
Exhibit `A'—Scope of Work
TECHNICAL SPECIFICATIONS
LOCATIONS AND SCOPE OF WORK
1. Public Works Admin. 110 North Flamingo Avenue
Grounds directly in front/side of building and the parking area adjacent to N.Fairfax Ave&the Fire Station.
2. City Hall 1126 East State Road 434
Entire grounds including retention pond perimeter and rear parking lot.
3. Police Department 300 North Moss Road
Entire grounds(front and rear)including two retention ponds and R.O.W.
4. Public Works Compound 150 N. Hartman Lane
Entire grounds including retention ponds perimeter,parking lots,and around all buildings.
5. Old Water Plant# 1 - First St. (across from Public Works Admin)
Entire vacant lot.
6. Sheoah Blvd. - Plant#2 700 Sheoah Blvd (behind Highlands HOA tennis courts)
All areas within fence.
7. Bahama Road - Plant#3 110 West Bahama Road
All areas in and outside fence including R.O.W.
8. East Water Plant# 1 851 Northern Way
All areas inside and outside fence including R.O.W. to drainage ditch(North) at power easement.
9. West Wastewater Treatment Plant 1000 West State Road 434
All areas within (and just outside) chain link fence including elevated pond embankment.
10. East Wastewater Treatment Plant 1560 Minter Springs Blvd
All areas within chain link fence including elevated pond embankment.
11. Oak Forest Wastewater Plant 1001 Papaya Lane
All areas within chain link fence and outside perimeter, parking and roadway immediately
around facility.
12. Lake Jesup Water Augmentation Plant Located behind WS Dog Park at Lake Jesup
All areas around facility from open field to Lake Jesup.
**CONTINUED ON NEXT PAGE*
11
SCHEDULE OF LANDSCAPE MAINTENANCE SERVICE
MAINTENANCE CODE FREQUENCY
1. MOW A. WEEKLY
2. TRIM HEDGES B. BI-WEEKLY
3. WEEDEATER 9. FERTILIZATION C. MONTHLY
4. MULCH-3" DEEP 10. PLANT REPLACEMENT D. SEMI-ANNUAL
5. EDGING 11. INSECT CONTROL E. AS NEEDED
6. WEEDING 12. HERBICIDE F. ANNUALLY
7. PRUNING 13. OVERSEED RYE G.3x PER YEAR
8. TRASH PICK-UP 14. IRRIGATION INSPECTION /REPAIR H. BI-MONTHLY
MONTH (GROWING) MONTH (DORMANT)
LOCATIONS 03/15 THRU 10/15 10/16 THRU 3/14
1.PUBLIC WORKS ADMIN. IA,2A,3A,5B,6A,7E, 1B,2E,3B,5C,6E,8B,
8A,14C 14C
2. CITY HALL IA,2A,3A,5B,6A,7E, 1B,2E,3B,4F,5C,6E,
8A,10E,14C 7E,8B,10E,14C
3.POLICE DEPARTMENT IA,2A,3A,5B,6A,7E, 1B,2E,3B,4F,5C,6E,
8A,10E,14C 7E,8B,10E,14C
4.PUBLIC WORKS COMPOUND 1B,3B,5B,8B,11E 1C,3C,5C,8C,11E
5. OLD WATER PLANT#1 1B,3B,5B,8B,11E 1C,3C,5E,8C,11E
6. SHEOAH BLVD.PLANT#2 1B,3B,5B,8B,11E 1C,3C,5E,8C,11E
7.BAHAMA ROAD PLANT#3 1B,3B,5B,8B,11E 1C,3C,5E,8C,11E
8.EAST WATER PLANT#1 1B,3B,5B,8B,11E,7E 1C,3C,5E,8C,11E,7E
14C 14C
9.WEST WASTE WATER TREATMENT PLANT 1B,3B,5B,8B,11E 1C,3C,5E,8C,11E
10.EAST WASTE WATER TREATMENT PLANT 1B,3B,5B,8B,11E 1C,3C,5E,8C,11E
11 & 12 (Oak Forest & Lake Jesup Plants)
SPECIFIC TASKS
1.0 TURF CARE
Unless specified above, mowing of all grassed areas shall be no less than once every seven (7) days in
the heavy growing season and shall be no less than bi-weekly, or as instructed by the City's Representative,
during the dormant growing season. Growing seasons are dictated by the weather and therefore may change per
the City's Representative, but otherwise shall be:
Heavy Growing Season - March 15 through October 15.
Dormant Growing Season —October 16 through March 14.
12
SPECIFIC TURF CARE
• St.Augustine
This specific mowing program, at minimum, unless otherwise specified, shall be in accordance with the
University of Florida Cooperative Extension Services Calendar for St.Augustine sod care, culture, and good
horticultural practice as shown in Publication ENH 5. St. Augustine grassed areas will be mowed to a height of 4"
inches on average, depending upon established grass needs, by finish mower or a groom mower.
• Bahiagrass
This specific mowing program, at minimum, unless otherwise specified, shall be in accordance with the
University of Florida Cooperative Extension Services Calendar for Bahiagrass sod care, culture, and good
horticultural practice as shown in Publication ENH 6. Bahia grassed areas will be mowed to a height of 3"inches
on average, depending upon established grass needs, by finish mower or a groom mower.
At no time shall more than one-third (1/3) of the leaf surface be removed in one mowing in any turf area
unless specifically authorized in writing by the City of Winter Springs.
Prior to mowing and trimming any turf and bed areas; paper, bottles, cans and all other debris (as well
as misplaced dirt or sand) must be removed from areas immediately bordering site (ex: sidewalks and curblines)
and actual site locations. Areas are to look clean and neat and free of debris at all times.
Any clipping, trimming debris will be removed from site as work is completed, or at the end of each day
that work is performed. Lawn clippings may be left on the turf areas so long as no readily visible clumps remain
on the grass surface after mowing. Otherwise large clumps of clippings will be collected and disposed of by
Contractor. In case of fungal disease outbreaks, all clipping will be collected and properly disposed of until
disease is undetectable. No debris bags shall be left on site more than 6 hours.
Turf care activities shall be scheduled during the normal work week (M-F 7:30am to 3:30pm) as a general
rule and to allow for access to water plant facilities. Should field conditions occur that require a modification to the
normal service schedule, Service Provide must give the City's Project Manager 24 hours notice and receive
approval prior to a service schedule modification.
2.0 MULCHING
Mulching to be performed between November 1 and December 25 each year to keep planted areas neat
and freshly maintained. Mulch depth to be a minimum total depth of three (3) inches and placed, not dumped, as
well as kept from around the immediate base of shrubs. Pine Bark mulch is to be used in all applicable areas.
3.0 EDGING
Edging of all walks, curbs, edging of pavements, and grass invasion shall be done weekly during the
heavy growing season and bi-weekly for the remainder of the year. All grass and dirt to be blown off onto grass
areas only. No debris shall be blown onto hard surfaces or into shrub or flower beds. Schedule for edging of soft
surfaces such as turf, bed borders, and ground cover shall be performed bi-weekly or more as needed.
4.0 WEEDEATING
Areas inaccessible to mowing equipment shall be kept neat and trimmed as needed. Trimming of grass
and weeds around any fixed objects (walls, light posts, light fixtures, equipment boxes, pond structures, sign
posts and trees) will be done through chemical control within a limit of six inches (6") maximum or trimmer so as
not to inflict damage of any kind to structure, equipment or tree.
5.0 PRUNING SHRUBS AND ORNAMENTALS
Pruning of plants shall be performed as needed to remove dead wood harboring insects and disease and
to promote maximum health and growth. The finding of insects or disease shall be reported immediately to the
13
City Representative so as to limit losses. Aesthetic pruning shall consist of removal of dead or broken branches.
Pruning shall be performed to balance infiltration light to enhance new growth.
Small leafed shrubs, such as Pittosporum, Azaleas and Indian hawthorn, etc., are to be kept trimmed in a
tight, neat appearance, with removal of partial new growth after no more that four inches of new growth appears.
Larger leafed shrubs, such as viburnum, may attain new growth reaching from 2" to 4" before removal. But at no
times are shrubs to display a disorderly appearance. Ornamentals, such as crinum lilies, are to be trimmed
aggressively during the rainy season to be kept neat and fungus free. This may be as frequent as every other
week. Sago palms are to be trimmed a minimum of three times a year, or more often, as needed, depending on
growth and health. Azaleas are to be trimmed at regular intervals as described above with the exception of the
months of October thru March when no trimming should be done to achieve maximum flowering. Wax myrtles are
to be trimmed aggressively in order to maintain a neat, compact habitat. At no time is an herbicide to be used to
rid plants of sucker growth. Instead, hand pulling or aggressive trimming routine is to be established. All
ornamentals that produce any dead fronds (i.e., coontie, sage, aztec grass, holly fern, etc.) are to be
systematically checked and cleaned with special attention to early spring cleanup.
Dead plant material shall be removed immediately during the normal service visit and a report filed with
the City Project Manager detailing the location of removal and species removed.
6.0 PLANT REPLACEMENT
The Contractor shall be responsible for replacing any plant materials that die or become damaged to the
point that the plant grade is less than Florida Number 1 as a result of neglect or damage caused by the
maintenance operation. Replacement material shall be identical to plant species, quality and specifications of the
materials at the time the loss occurs.
7.0 TREE TRIMMING
All trees are to be trimmed as often as necessary to meet public safety requirements and comply with ISA
and ANSI Industry Standards for tree care. Trimming of established trees shall be to a minimum of eight (8) foot
and a maximum of twelve (12) foot under canopy and pruned just outside the branch collar by the Service
Provider. New or young trees are to be pruned with an ideal under canopy of six (6) feet or to a suitable and
healthy height for each tree. Sucker growth is to be removed by hand or trimmer from the base of a tree.
Herbicides are not to be used for this purpose. Palms are to be trimmed regularly to ensure the absence of seed
pods and dead or dying fronds dropping to the ground and not as severely as the hurricane cut; using the 913 rule.
Ligustrum and Holly trees are to be maintained per industry standards or as specified by City's Representative.
Crape myrtle trees shall be pruned per industry standards (ISA &ANSI) in late February through the first week in
March each year.
Approved traffic (M.U.T.C.D.) warning devices shall be used when necessary to provide safety to persons
and vehicular traffic within any areas undergoing pruning. Work will be scheduled after consulting with the City's
Representative.
8.0 WEEDING
Weeding of all plant bed areas is to be as often as necessary to conform to the shrub trimming schedule,
to control weed population and maintain healthy plants. Remove weeds, vines and "voluntary" seedlings from
planting beds. Weed control in landscaped areas will be accomplished by hand weeding and/or application of
round-up and a pre-emergent herbicide if needed. All weeds in sidewalks or pavement areas (including curbing)
shall be chemically controlled or removed by hand.
9.0 ANNUALS (Annuals— included at City Hall front sign bed only)
Annuals will be changed four (4) times per year at all designated annual bed areas. Annuals are to be
4" full bloom and must be approved by Owner or City's Representative for each seasonal change variety. A
schedule shall be determined and agreed upon by both Owner and Service Provider. Bed preparations are to
consist of 14-14-14 Granular fungicide and Cavalier Subdue GR. along with any added soil preparations or
enhancements needed to facilitate strong healthy growing annuals. Annuals beds are located at the following
areas:
14
10.0 IRRIGATION
Complete irrigation inspections shall be performed one (1) time per month at minimum. Details of the
inspection shall be recorded on a log sheet (to be submitted with the monthly billing) and consist of the following:
1. Turning on each zone and inspecting each head for the proper coverage, including straightening,
adjusting the output of water, adjusting spray pattern and unclogging any heads.
2. Repairing broken heads and lateral lines, as necessary.
3. Checking the irrigation controller(s) for proper operation and programming. If there are battery
controllers on the site, check each for battery life and replace at 75% depletion.
4. Checking all zone valves for proper open and closure, making sure to inspect for leaking from the
mainline.
5. Checking water source for leaking and visual inspection of backflow device, if present.
6. Visually inspect turf, planters and trees in irrigated areas for signs of drought stress and effect
adjustments and/or repairs to remedy the issue.
The Service Provider shall submit a detailed report, at the time of billing of each monthly service,
consisting of the clock and location, each zone by number, and any repairs or work performed during that service.
All parts used will be itemized on the bill with a maximum of 200.00 billed for repairs without VERBAL approval
during the regular monthly scheduled maintenance visit. If there is an additional cost for repairs beyond the
maximum of $200, the Owner or City Representative must be given a verbal report of the repair and costs
involved before the work is to be performed. No payment will be made for heads or parts damaged by the
Service Provider.
Service Provider shall immediately repair any and all damaged property within the areas specified in this
agreement to meet original specifications with commercial quality irrigation parts. All work performed by
Contractor to meet industry standards. All damaged irrigation heads shall be turned in each month along with the
monthly billing in order to qualify for payment.
All labor required to repair or replace defective parts is included in the contract price except when
repairing valves, main lines or lateral lines over 1 'h", clock or wiring problems, or lines under sidewalks or
roadways. Labor cost for these services is established in the bid calculation sheet of SECTION 00300, BID
FORM. Material costs shall be paid on the basis of approved wholesale documented cost plus 15% for overhead
and profit.
Contractor is to immediately notify Owner if a mainline leak is noticed. Should the Service Provider need
to shut down the mainline for any reason, the Owner must be contacted at: (407) 327-5976.
15
Exhibit B - Bid Calculation Sheet
1.4 WjOr EqUIPMent(Not Used)
1.6 Bid Sehedule
X I have attached evidence of quafiflostion and fiCLMSM9 10 do business in the Stag;alld
project, locality of this
B. J have afteehed a4 reque,,steid support
1.6 Submift�
RESPECTFULLY',-LMM6TTEL), this day of
Service Pro
By(sjgnatur*,) Title
Busfiiass Acdress ty-zs!&� PC;�qs I ate zip
13111 CALCULATION SHEET-PART I
Item
NOADescription
Jan jjLru-Dec 31
1, PUbiiC WOrks Admin. Unit cost X 12 Months year
2.City Hall unft Cost[$--�F X 12 Monihs Year
3. Po4ice Department Uflit COSt lk-VV X 12 Months Year
4. Public Wor" Compound Unit Cost/$_:!��' x 12 Months
year
6,Old Water Kant#1 Unit Cost 1$ X 12 Months
Year
6.She Blvd. plant 42 Unit Cost 1$
x 12 Months $___2,LO Year
7.BahamaPlant#3 Unit Q0,!5t1$---jL-X I?-months=k V80 year
Fast water Plant#1 Unit Cost 1$ X 12 me"Ibs=S Ye-ar
9,WOSt Waste Water Plant Unit Cost X 12 Months w
�� -1-
10.East Waste Water Plant Unit.Cost/$__4LMLx j 2 Months=S X#W ye4ar
T0jALgQU_(ffi Year
4
910 CALCULATION SHE
Ird ation Maintenance
item
N0,&DeScNPtjon
I. Public Works Admin. Unit Cost —4C x 12 Months M year
2,City Hall Unit Cost x 12 Months=�o year
3.Nfice Depaftmnt Unit Cost 12 Months= � year
8r East Water plant gl 3v-,
unit cloTa —'�' x 12 Months = year
2i&igEm $-Lqi -Year
ADD TOTAI,CosT,(A+B),- S__.4W 11
GRAND TOT -AR,
. A-L PER,YE
tile
BID CALCULATfnN A"9:s:L—pART 3
UNIT�COST-s
The Bidder agrees with all condidons hereln stated, PrOPOsOs W cof)"ct,to the Base Bid sums,with the Owner
the f011Owing Unit COsts resulting in 2Ld-8100$LQ Of 'he Base Bid as follcw,s-
UNIT PRICE#1
Aftfi,Dnal Mu--h Provided& installed(pine) $ .C per is yd,
UNIT PRICE#2 (PmvMe atjd jnstgq
Labor lo install I Gall0fl Plant $
each
Labor 10 knStall 3 GaNcri Plant each
Labor to h1sW11 7 Gaflon Plant
each
Labor to ifj,,3 11 IS Gallon Tree $ each
Labor to Install 30 Gallon Tree $ _each
fWallatkm of 4'Awival $
each
UNIT PRICE#3
lrrigafien Rpairs and Trauble�. Ooflng beyond Contract Requinr ments.
Labor(Main TechNc�jj) $ w per hour
LaZmr per) $ ar per t*ur
viii of €a#'qr'z'Coo"to fumkSh Parts(labor not i> ud y:
"Ors—PGA'Gear each
POP-UP omens a" s leadj
PUP Sprinklers 121 t`
Carib o17
Zone Valves- v, $ .
ZOne lVes-2" each
h
V Battery $ each
4 a each F
T — I sta. $ each
Hunter ICC Cont,-01jer
�. W