HomeMy WebLinkAboutAnnan Landscape Company, LLC - Addendum to Agreement for Landscape Maintenance Services for Central Winds - 2013 11 18 ADDENDUM TO
AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES
THIS ADDENDUM TO 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 Co., LLC, a Florida limited liability company ("Service
Provider"), located at 991 Explorer Cove, Suite 133, Altamonte Springs, Florida 32701.
WITNESSETH:
WHEREAS, the City and Service Provider previously entered into an Agreement for
Landscape Maintenance Services for the City's Central Winds Park on a continuing basis
("Agreement"); and
WHEREAS, the City and Service Provider desire to extend the term of the Agreement
for one (1) year as set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties covenant and agree as follows:
Section 1. Recitals. The foregoing recitals are deemed to be true and accurate and are
fully incorporated herein by reference.
Section 2. Extension of Term. The City and Service Provider mutually agree to extend the
term of the Agreement for one (1) additional year commencing at midnight on January 1, 2014
and terminating at 11:59 PM on December 31, 2014.
Section 3. Compensation. For the Services provided during the term of this Addendum,
the City agrees to pay Service Provider a sum not to exceed Twenty Six Thousand Four
Hundred and no/100 Dollars ($26,400.00), plus the CPI rate increase outlined in paragraph 2.1
of the Agreement.
Section 4. Documents. Section 18.0 of the Agreement shall be deleted and replaced in its
entirety with the following provision:
18.0 DOCUMENTS.
18.1 Public Records. In accordance with section 119.0701, Florida
Statutes, Service Provider agrees that all documents, transactions, writings,
papers, letters, tapes, photographs, sound recordings, data processing software,
or other material, regardless of the physical form, characteristics, or means of
transmission, made or received pursuant to this Agreement or in connection with
any funds provided by the City pursuant to this Agreement may be considered
public records pursuant to Chapter 119, Florida Statutes. Service Provider
agrees to keep and maintain any and all public records that ordinarily and
necessarily would be required by the City in order to perform the services
required by this Agreement. Service Provider also agrees to provide the public
with access to public records on the same terms and conditions that the City
would provide the records and at a cost that does not exceed the cost provided
by Chapter 119, Florida Statutes, or as otherwise provided by law. Service
Provider shall also ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as
authorized by law. In addition, Service Provider shall meet all requirements for
retaining public records and transfer, at no cost, to the City all public records in
possession of the Service Provider upon termination of this Agreement and
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. All records stored electronically
must be provided to the City in a format that is compatible with the information
technology systems of the City. If Service Provider does not comply with a public
records request, the City shall have the right to enforce the provisions of this
Paragraph. In the event that Service Provider fails to comply with the provisions
of this Paragraph, and the City is required to enforce the provisions of this
Paragraph, or the City suffers a third party award of attorney's fees and/or
damages for violating the provisions of Chapter 119, Florida Statutes due to
Service Provider's failure to comply with the provisions of this Paragraph, the City
shall be entitled to collect from Service Provider prevailing party attorney's fees
and costs, and any damages incurred by the City, for enforcing this Paragraph
against Service Provider. And, if applicable, the City shall also be entitled to
reimbursement of any and all attorney's fees and damages which the City was
required to pay a third party because of Service Provider's failure to comply with
the provisions of this Paragraph. This Paragraph shall survive the termination of
this Agreement.
Section 5. Others Terms and Conditions. Any other term or condition of the Agreement
not expressly modified by this Addendum shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto caused this Addendum to be executed on
the dates indicated below.
SERVICE PROVIDER: CITY:
ANNAN LANDSC E CO., LLC CITY OF WINTER SPRIN� 1
ott Annan, Managing Member Ke n L. Sm. ity Manager
Dated: /1/ `/3 Dated: //142-:-J/.7
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EXHIBIT 'A' SCOPE OF WORK
1. GENERAL
1.1 Work Covered by Contract Documents
A. The work to be performed under this Contract consists of landscape maintenance for City of
Winter Springs - Central Winds Park Services as described on the attached map. Perform all
work in accordance with the Contract Documents. Furnish all materials, equipment, tools, and
labor which are reasonably and properly inferable and necessary for the proper completion of the
work, whether specifically indicated in the Contract Documents or not.
B. The Contractor shall be nb|igahad, at its expense, immediately or promptly to repair to the City's
Representative's satisfaction, any damage to exterior plantings, or irrigation systems or any other
property within the areas specified in this agreement. In the event the contractor has not repaired
any such damage within reasonable time, as determined by the City's Representative, the City
may repair such damage and deduct such cost from the next payment due to the Contractor. The
Contractor shall be liable to the City for any such cost in excess of the amount deducted by the
City.
B. The Contractor shall be obligated to immediately notify the City Representative verbally and
follow in writing within twenty-four (24) hours after the event of any damage which the Contractor
disoovone, or should have discovered in the exercise of reasonable care, whether or not such
damage was caused by the Contractor.
D. Prior to the commencement of work on this onntnact, an authorized representative of the
Contractor and the Designated Representative of the City may perform a video condition survey
of all exterior plantings at each of the designated areas of the City covered by this Agreement.
The Contractor and the City may jointly prepare and sign a written report of the condition survey
which shall describe the condition and location of all unhealthy plants
E. During the 30 day period preceding the expiration of the term of this Agreement, or, in the event
of an earlier termination a 30 day period following the termination, a final condition survey may be
made jointly by the City Representative and the Contractor. This survey shall establish a punch
list of plantings and material that do not meet the specifications and that must be replaced prior to
the final completion of the contract. If the plantings and materials so identified are not replaced,
an appropriate amount shall be withheld from the final payment.
2. CONTRACT
2.1 General
A. This project shall be constructed under a unit price contract.
B. The project as shown on the Drawings and described in these specifications constitutes the work
to be performed under this contract.
3. SAFETY REQUIREMENTS
3.1 General
A. Any equipment and tools used in performing the work under this Agreement shall conform to the
Florida Department of Transportation-Manual of Uniform Traffic Devices.
B. Equipment shall be maintained in good repair, shall be fueled on concrete surfaces only, and
shall be provided with the proper noise reduction and safety devices as prescribed by the
Occupational Safety and Health Administration (OSHA).
C. Approved traffic (M.U.T.C.D.)warning devices shall be used when necessary to provide safety to
persons and vehicular traffic within any areas undergoing pruning. Work will be scheduled after
consulting with the City's Representative.
TECHNICAL SPECIFICATIONS
SPECIFIC TASKS
1.0 TURF CARE
In general, 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 1 through October 31.
Dormant Growing Season—November 1 through February 28.
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.
• Bermudagrass
This specific mowing program, at minimum, unless otherwise specified, shall be in accordance with the
University of Florida Cooperative Extension Services Calendar for Bermudagrass sod care, culture, and good
horticultural practice as shown in Publication ENH 19. Bermuda (sports turf) 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
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Contractor. In case of fungal disease outbreaks, all clipping will be collected and properly disposed of until
disease is undetectable. No debris bags shall be left on site more than 5 hours.
Turf care activities shall be scheduled during the normal work week (M-F 8am to 5pm) as a general rule,
and coordinated with the Parks Department so as to not interfere with scheduled events. 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 (Not included in base cost)
Mulching to be performed between October 15 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. Mini Pine Bark mulch is to be used unless directed by
the City's Project Manager.
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
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, Azalea 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.
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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 #1 as a result of neglect or damage caused by the maintenance
operation. Replacement material shall be identical to plant species, quality and specifications of the materials at
the time the loss occurs.
7.0 TREE TRIMMING
All trees are to be trimmed as often as necessary to meet public safety requirements and comply with ISA
industry standards. Trimming of established trees shall be to a minimum of eight (8) foot and a maximum of
twelve (12) foot under canopy and pruned just outside the branch collar by the Service Provider. New or young
trees are to be pruned with an ideal under canopy of 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 9/3 rule. Ligustrum and Holly trees
are to be maintained per industry standards or as specified by City's Representative. Crape myrtle trees shall be
pruned per industry standards (ISA) 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 not included in base cost)
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:
10.0 IRRIGATION MAINTENANCE
Complete irrigation inspections shall be performed monthly 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 proper coverage, including straightening,
adjusting the output of water, adjusting spray pattern, and unclogging 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. Test rain sensor(s)for proper operation and replace as necessary.
5. Checking all zone valves for proper open and closure, making sure to inspect for leaking from the
mainline.
6. Checking water source for leaking and visual inspection of backflow device, if present.
7. Visually inspect turf, planters and trees in irrigated areas for signs of drought stress and effect
adjustments and/or repairs to remedy the issue.
8. A visual `ride through' of all irrigated areas shall be done monthly during both the growing
and dormant season.
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The Service Provider shall submit a detailed report, at the time of billing of each bi-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 bi-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 must meet or exceed industry standards. All damaged irrigation heads shall be turned in bi-monthly
along with the 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 W, clock or wiring problems, or lines under sidewalks or
roadways. 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)327-6592.
METHOD OF MEASUREMENT AND BASIS OF PAYMENT
UNIT PRICE BID
1. GENERAL
A. Payment for all work done in compliance with the Contract Documents, inclusive of furnishing all
manpower, equipment, materials, and performance of all operations relative to execution of this
project, will be made under Pay Items established in the Bid Form. Work for which there is not a
Pay Item will be considered incidental to the Contract and no additional compensation will be
allowed.
B. The Owner reserves the right to alter the Drawings, modify incidental work as may be necessary,
and increase or decrease the work to be performed to accord with such changes, including
deductions or additions to the scope of work outlined in the Contract Documents. Changes in the
work shall not be considered as a waiver of any conditions of the Contract nor invalidate any
provisions thereof. Changes resulting in changes in the scope or quantities of Work or time or
other conditions of work will be basis for consideration of a Change Order, which is to be
negotiated and executed before proceeding with the work.. Work, which has not been authorized
by a written Change Order, will not be subsequently considered for additional payment.
C. If the Service Provider makes a claim for an extra or additional cost, and requests a Change
Order be issued prior to performing the work, and the OWNER renders a decision denying such
request, the Service Provider must notify the Owner in writing within 3 days of the time that the
Service Provider is informed of the Owner's decision. Otherwise the OWNER will "not consider
any such difference as a claim for a Change Order or additional payment or time. Any such
written notice received by the Owner from the Service Provider within the 3-day period shall be
just reason for the Owner to re-evaluate his previous decision.
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2. PAY ITEMS
The unit and Lump Sum prices stated in the Contract to be paid for respective items shall be payment
in full for the completion of all work, specified and described to be included in the respective items,
complete and ready for use and operation, including testing, as shown on the Drawings and as
specified. Payment will be made under each item only for such work as is not specifically included
under other items.
3. SUBMITTAL OF SERVICE REPORTS
Service Provider shall submit a monthly written service report as to the status of all Work set forth in
this Agreement. The report shall in a sufficient manner demonstrate that any funds expended were
used to provide the agreed-upon Services. If the detail in not sufficient in the City's Project Manager's
reasonable discretion to permit the City to determine the Work performed or the manner in which it is
being performed, the City may seek more detail from the Service Provider. Any other reports deemed
necessary or set forth in this Agreement shall also accompany application for payment.
SERVICE AREAS (See Map)
SERVICE LOCATIONS WITHIN CENTRAL WINDS PARK(with specific service guidelines):
• Dog Park
• Expansion Fields
• Passive Area
• Amphitheater
• Parking Lot
• Entrance to Park
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