HomeMy WebLinkAbout2002 03 11 Consent D Pond Aquatic Weed Control and Maintenance
COMMISSION AGENDA
ITEM D
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
,.. ,. '.
March 11, 2002
Meeting
MGR ~ IDEPT ;fJ/'
Authorization
REQUEST: Public Works/Storm water Division Requesting Authorization to Enter into a
Contract Agreement for Pond Aquatic Weed Control and Maintenance
Services.
PURPOSE: The purpose of this Board item is to request authorization to enter into a contract
agreement with Aquatic Biologist, Inc. for Pond Aquatic Weed Control and
Maintenance at a cost of$50,736.00.
CONSIDERA TIONS:
This agreement is needed to continue contractual pond aquatic weed control
maintenance throughout the City. Bid # ITB-007-01lkh was opened on October 3,2001, the
three (3) bids received are as follows:
1. Aquatic Biologist, Inc.
2. Future Horizons, Inc.
3. Southern Waters Aquatic Management
$50,736.00
$41,616.00
$54,300.00
Future Horizons was awarded the contract in November 2001 and began treatment in
December 2001. Inspections of the ponds in late January 2002 and early February 2002
revealed that over 20 ponds were deteriorating due to algae, duckweed and other aquatic
growth. Due to the number of ponds that were in unsatisfactory condition, the contract was
canceled per the 30 day cancellation provision on February 11, 2002. A Future Horizons
representative has indicated they will be at the March 11 Ih meeting to object.
The Stormwater Utility manager has reviewed the bids and recommends that the bid
be awarded to the next lowest bidder, Aquatic Biologist, Inc. The Aquatic Biologist bid of
March 11, 2002
Consent Agenda Item D
Page 2
$50,736.00 is within our budget and their references are satisfactory. The contract is for the
monthly maintenance of 72 stormwater ponds and 6 canal/ditch areas throughout the City.
The contract period is for twelve months with an option for a second and third twelve-month
period with annual 2% increase contingent upon an acceptable job pelformance.
FUNDING:
The funding source for the $50,736.00 annualized cost to maintain stormwater ponds
is line code 4413-54693 in the Stormwater Utility Budget. The funds for this project will be
expended over the twelve-month contract period.
RECOMMENDA TION:
It is recommended that authorization be given to enter into a contract agreement with
Aquatic Biologist, Inc. for Bid #ITB-007-01/kh, Aquatic Weed control and Maintenance of
Certain Ponds at a cost of $50,736.00 payable from the Stormwater Utility Fund -4413-
54693.
IMPLEMENT A TION SCHEDULE:
The new pond maintenance contract will commence on April 1, 2001 for a twelve-
month period with an option for a second and third twelve-month period if the work
performance is satisfactory.
ATTACHMENTS:
1. Agreement Form
2. Scope of Services
3. City Clerk Bid #ITB-007-01/kh Tabulation
COMMISSION ACTION:
A TT ACHMENT NO. 1
AGREEMENT FORM
THIS AGREEMENT is made and entered into this 1 st day of April. 2002, by and between
the CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, hereinafter referred to as
"City", located at 1126 East State Road 434, Winter Springs, FL 32708, and Aquatic Bioloqist. Inc. a
Florida corporation, hereinafter referred to as "SeNice Provider".
WITNESSETH:
WHEREAS, City wishes to obtain Aquatic Weed Control and Maintenance of Certain Ponds on a
continuing basis; and
WHEREAS, SeNice Provider participated in the selection and negotiation process; and
WHEREAS, SeNice Provider is willing to provide such Aquatic Weed Control and Maintenance of
Certain Ponds 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 RECITALS
1.1 The foregoing recitals are deemed to be true and accurate and are fully incorporated herein
by reference.
2.0 TERM AND DEFINITIONS
2.1 This contract shall be in effect for twelve (12) months commencing on the Effective Date.
The City may extend this contract for two (2) additional one year terms, provided the City determines, in its
discretion, that SeNice Provider has adequately performed during the previous term of this contract. In the
event this contract is extended, the contract price may be adjusted to allow for consumer price increases
based on Bureau of Labor and Statistics - Producer Price Index not to exceed 2 (two) percent. The
adjustment will be based on the annual contract period from the same period of the previous year and
calculated 30 days prior to renewal. The Agreement may be canceled in whole or part by the City or the
SeNice Provider, upon giving at least (30) days written notice prior to cancellation; EXCEPT as otherwise
provided under Section 20 of this Agreement and that non-performance on the part of the SeNice Pr.ovider .. .....
will be grounds for immediate termination. Unless otherwise provided in said notice, all work being
performed by SeNice Provider at the time of receipt of the notice shall immediately cease and no further
work shall be provided by SeNice Provider under this contract.
2.2 Definitions. The following words and phrases used in this Agreement shall have the
following meaning ascribed to them unless the context clearly indicates otherwise:
a. "Agreement" or "Contract" shall be used interchangeably and shall refer to
this Agreement; as amended from time to time, which shall constitute
authorization for the SeNice Provider to provide the landscape
maintenance seNices 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. "SeNice Provider" shall mean Aquatic Bioloqist, Inc. 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.
e.
"Work" or "Services" shall be used interchangeably and shall include the
performance of the work agreed to by the parties in this Agreement.
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f. "City Project Manager" or "Designated Representative" or "Project Director" shall mean the
Public Works/Utilities Director for the City, or his designee, who is to provide the general
administration of the contract.
3.0 SCOPE OF SERVICES
3.1 Service Provider shall provide Aquatic Weed Control and Maintenance of Certain
Ponds, including the furnishing of all labor, equipment, tools, materials, incidentals and the performing of all
operations necessary as described in the Statement of Work.
4.0 CHANGES IN THE SCOPE OF WORK
4.1 City may make changes in the Services at any time by giving written notice to Service
Provider. If such changes increase (additional services) or decrease or eliminate any amount of Work, City
and Service Provider will negotiate any change in total cost or schedule modifications. If the City and the
Service Provider approve any change, the Contract will be modified in writing to reflect the changes. All
change orders shall be authorized in writing by City's and Service Provider's designated representative.
4.2 All of City's amendments thereto shall be performed in strict accordance with the terms of
this Agreement insofar as they are applicable.
5.0 SCHEDULE
5.1 Service Provider shall perform services in conformance with the schedule reasonably
established by the Stormwater Utility Manager. Service Provider shall complete all of said services in a
timely manner and will keep City apprized of the status of work within 72 hours of any activity taking place.
Should Service Provider fall behind on the established schedule, it shall employ such resources so as to
comply with the schedule.
5.2 No extension for completion of services shall be granted to Service Provider without City's
prior written consent.
6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES
OF SERVICE PROVIDER' ,-- .. '" .....
6.1 General Bid Services. The City shall only pay Service Provider for services actually
performed based on the Bid Form. The total amount paid to Service Provider for the first
year of this Agreement shall not exceed $50.736.00 Dollars. If this contract is extended, the total
annual amount paid to Service Provider shall not exceed that above mentioned number adjusted by the
Producer Price Index as set forth in paragraph 2.1 of this contract.
6.2 Additional Services. From time to time during the term of this Agreement, City may
request that Service Provider perform additional Services not required under the Project Manual. For those
additional services agreed upon by the City and Service Provider in writing, City agrees to pay Service
Provider a total amount equal to that mutually agreed upon by the parties in writing.
6.3 Payment. Upon receipt of a proper invoice from Service Provider, the City agrees to pay the
Service Provider the invoice amount providing said amount accurately reflects the terms and conditions of
this Agreement. Invoices may only be submitted on a monthly basis unless otherwise agreed by the City.
Unless otherwise agreed in writing by the City, there shall be no other compensation paid to the Service
Provider and its principals, employees, and independent professional associates and consultants in the
performance of Work under this Agreement. The City agrees to make all payments due within thirty (30)
days of receipt of a proper invoice delivered by Service Provider. The Service Provider may only bill the
City for actual work performed.
7.0 RIGHT TO INSPECTION
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7.1 City or its affiliates shall at all times have the right to review or observe the services
performed by Service Provider.
7.2 No inspection, review, or observation shall relieve Service Provider of its responsibility under
this Agreement.
8.0 AUDIT AND INSPECTIONS
All Service Provider's records with respect to any matters covered by this Agreement shall be made
. available to the City, at any time during normal business hours, as often as the City deems necessary, to
audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports
must be fully cleared by the Service Provider within seven (7) days after receipt by the Service Provider.
Failure of the Service Provider to comply with the above audit requirements will constitute a material breach
of this Agreement and may result, at the sole discretion of the City, in the withholding of payment for
services provided under this Agreement.
9.0 PROFESSIONALISM AND STANDARD OF CARE
9.1 Service Provider shall do, perform and carry out in a professional manner all
Services required to be performed by this Agreement. Service Provider shall also use the degree of care
and skill in performing the Services that are ordinarily exercised under similar circumstances by reputable
members of Service Provider's profession working in the same or similar locality as Service Provider.
1 0.0 SUBMITTAL OF PROGRESS REPORTS
10.1 Service Provider shall submit a monthly written progress report as to the status of all Work
set forth in this Agreement within 72 hours of any work being performed. The report shall in a sufficient
manner demonstrate that any funds expended were used to provide the agreed-upon Services. If the detail
is not sufficient in the City Project Manager's reasonable discretion to permit the City to determine the Work
performed or the manner in which it is being performed, the City may seek more detail from the Service
Provider.
11.0 WARRANTY OF PROFESSIONAL SERVICES
11.1 The Service Provider (for itself and any of its employees, contractors, partners,
and agents used to perform the Services) hereby warrants unto the City that all of its employees (and those
of any of its contractors, partners, and agents used to perform the Services) have sufficient experience to
property complete the Services specified herein or as may be performed pursuant to this Agreement. In
pursuit of any Work, the Service Provider shall supervise and direct the Work, using its best skill and
attention and shall enforce strict discipline and good order among its employees. The Service Provider shall
comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the
performance of the Work.
12.0 CORPORATE REPRESENTATIONS BY SERVICE PROVIDER
12.1 Service Provider hereby represents and warrants to the City the following:
a. Service Provider is duly registered and licensed to do business in the State of
Florida and is in good standing under the laws of Florida, and is duly qualified
and authorized to carry on the functions and operations set forth in this
Agreement.
b. The undersigned signatory for Service Provider has the power, authority, and
the legal right to enter into and perform the obligations set forth in this
Agreement and all applicable exhibits thereto, and the execution, delivery, and
performance hereof by Service Provider has been duly authorized by the board
of directors and/or president of Service Provider. In support of said
representation, Service Provider agrees to provide a copy to the City of a
corporate certificate of good standing provided by the State of Florida prior to
the execution of this Agreement.
c. Service Provider is duly licensed under all local, state and federal laws to
provide the Services stated in paragraph 3.0 herein. In support of said
representation, Service Provider agrees to provide a copy of all said licenses to
the City prior to the execution of this Agreement.
13.0 WORK IS A PRIVATE UNDERTAKING
13.1 With regard to any and all Work performed hereunder, it is specifically
understood and agreed to by and between the parties hereto that the contractual relationship between the
City and Service Provider is such that the Service Provider is an independent contractor and not an agent of
the City. The Service Provider, its contractors, partners, agents, and their employees are independent
contractors and not employees of the City. Nothing in this Agreement shall be interpreted to establish any
relationship other than that of an independent contractor, between the City, on one hand, and the Service
Provider, its contractors, partners, employees, or agents, during or after the performance of the Work under
this Agreement.
14.0 PROGRESS MEETING
14.1 City Project Manager may hold periodic progress meetings on a monthly basis, or more
frequently if required by the City, during the term of work entered into under this Agreement. Service
Provider's Project Manager and all other appropriate personnel shall attend such meetings as designated by
the City Project Manager.
15.0 SAFETY
15.1 Service Provider shall be solely and absolutely responsible and assume all liability for the
safety and supervision of its principals, employees, contractors, and agents while performing Services
provided hereunder.
16.0 INSURANCE
16.1 Liability Amounts. During the term of this Agreement, Service Provider shall be
responsible for providing the types of insurance and limits of liability as set forth below.
a. The Service Provider shall maintain comprehensive general liability insurance in the
minimum amount of $1,000,000 as the combined single limit for each occurrence to
protect the Service Provider from claims of property damages which may arise from
any Services performed under this Agreement whether such Services are performed by
the Service Provider or by anyone directly employed by or contracting with the Service
Provider.
b. The Service Provider shall maintain comprehensive automobile liability insurance in the
minimum amount of $1,000,000 combined single limit bodily injury and minimum
$1,000,000 property damage as the combined single limit for each occurrence to protect
the Service Provider from claims for damages for bodily injury, including wrongful
death, as well as from claims from property damage, which may arise from the
ownership, use, or maintenance of owned and non-owned automobiles, including rented
automobiles whether such operations be by the Service Provider or by anyone directly
or indirectly employed by the Service Provider.
c. The Service Provider shall maintain, during the life of this Agreement, adequate
Workers' Compensation Insurance in at least such amounts as are required by law and
Employer's Liability Insurance in the minimum amount of $1,000,000 for all of its
employees performing Work for the City pursuant to this Agreement.
16.2 Special Requirements. Current, valid insurance policies meeting the requirements
herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of
Insurance shall be provided to the City by Service Provider upon the Effective Date of this Contract which
satisfied the insurance requirements of this paragraph 16.0. Renewal certificates shall be sent to the City 30
days prior to any expiration date. There shall also be a 30-day advance written notification to the City in the
event of cancellation or modification of any stipulated insurance coverage. The City shall be an
additional named insured on all stipulated insurance policies as its interest may appear, from time
to time.
16.3 Independent Associates and Consultants. All independent contractors or agents
employed by Service Provider to perform any Services hereunder shall fully comply with the insurance
provisions contained in these paragraphs for sections 15 and 16.
17.0 COMPLIANCE WITH LAWS AND REGULATIONS
17.1 Service Provider shall comply with all requirements of federal, state, and local laws, rules,
regulations, standards, and/or ordinances applicable to the performance of Services under this Agreement.
18.0 DOCUMENTS
18.1 Public Records. It is hereby specifically agreed that any record, document, computerized
information and program, audio or video tape, photograph, or other writing of the Service Provider and its
independent contractors and associates related, directly or indirectly, to this Agreement, may be deemed to
be a Public Record whether in the possession or control of the City or the Service Provider. Said record,
document, computerized information and program, audio or video tape, photograph, or other writing of the
Service Provider is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed
without the specific written approval of the City's City Manager. Upon request by the City, the Service
Provider shall promptly supply copies of said public records to the City. All books, cards, registers, receipts,
documents, and other papers in connection with this Agreement shall at any and all reasonable times during
the normal working hours of the Service Provider be open and freely exhibited to the City for the purpose of
examination and/or audit.
18.2 The Service Provider acknowledges that the City is a Florida municipal corporation and
subject to the Florida Public Records Law. Service Provider agrees that to the extent any doculJlE!.nt
produced by Service Provider under this Agreement constitutes a Public Record, Service Provider shall
comply with the Florida Public Records Law.
19.0 ASSIGNMENT
19.1 Service Provider shall not assign or subcontract this Agreement, or any rights or any monies
due or to become due hereunder without the prior, written consent of City.
19.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by
Service Provider, Service Provider shall be fully responsible to City for all acts and/or omissions performed
by the subcontractor as if no subcontract had been made.
19.3 If City determines that any subcontractor is not performing in accordance with this
Agreement, City shall so notify Service Provider who shall take immediate steps to remedy the situation.
19.4 If any part of this Agreement is subcontracted by Service Provider, prior to the
commencement of any Work by the subcontractor, Service Provider shall require the subcontractor to
provide City and its affiliates with insurance coverage as set forth by the City.
20.0 TERMINATION: DEFAULT BY SERVICE PROVIDER AND CITY'S REMEDIES
20.1 The City reserves the right to immediately revoke and terminate this Agreement and rescind
all rights and privileges associated with this Agreement, without penalty, in the following circumstances,
each of which shall represent a default and breach of this Agreement:
a. Service Provider defaults in the performance of any material covenant or condition of this
Agreement and does not cure such other default within seven (7) calendar days after written
notice from the City specifying the default complained of, unless, however, the nature of the
default is such that it cannot, in the exercise of reasonable diligence, be remedied within seven
(7) calendar days, in which case the Service Provider shall have such time as is reasonabl.y
necessary to remedy the default, provided the Service Provider promptly takes and diligently
pursues such actions as are necessary therefor; or
b. Service Provider is adjudicated bankrupt or makes any assignment for the benefit of creditors or
Service Provider becomes insolvent, or is unable or unwilling to pay its debts; or
c. Service Provider has acted negligently, as defined by general and applicable law, in performing
the Services hereunder; or
d. Service Provider has committed any act of fraud upon the City; or
e. Service Provider has made a material misrepresentation of fact to the City while performing its
obligations under this Agreement; or
f. Service Provider is experiencing a labor dispute which threatens to have a substantial, adverse
impact upon performance of this Agreement without prejudice to any other right or remedy City
may have under this Agreement.
20.2 Notwithstanding the aforementioned, in the event of a default by Service Provider, the City
shall have the right to exercise any other remedy the City may have by operation of law, without limitation,
and without any further demand or notice. In the event of such termination, City shall be liable only for the
payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work
properly performed prior to the effective date of termination.
21.0 FORCE MAJEURE
21.1 Any delay or failure of either party in the performance of its required obligations hereunder
shall be excused if and to the extent caused by'acts of God; fire; floo'd;- windstorm; explosion; riot; war;
sabotage; strikes (except involving Service Providers labor force); extraordinary breakdown of or damage to
City's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and/or state
law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the
party affected; provided that prompt notice of such delay is given by such party to the other and each of the
parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of
Force Majeure remains in effect for sixty days, either party may terminate this Agreement.
22.0 GOVERNING LAW & VENUE
22.1 This Agreement is made and shall be interpreted, construed, governed, and enforced in
accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole
County, Florida. Venue for ar)y federal action or litigation shall be Orlando, Florida.
23.0 HEADINGS
23.1 Paragraph headings are for the convenience of the parties only and are not to be construed
as part of this Agreement.
24.0 SEVERABILITY
,
24.1 In the event any portion or part thereof of this Agreement is deemed invalid, against public
policy, void, or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the
City, shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and
enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable.
25.0 INTEGRATION; MODIFICATION
- 25.1 The drafting, execution, and delivery of this Agreement by the Parties has been induced by
no representations, statements, warranties, or agreements other than those expressed herein. This
Agreement embodies the entire understanding of the parties, and there are no further or other agreements
or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless
expressly referred to herein. Modifications of this Agreement shall only'be made in writing signed by both
parties.
26.0 WAIVER AND ELECTION OF REMEDIES
26.1 Waiver by either party of any terms, or provision of this Agreement shall not be considered
a waiver of that term, condition, or provision in the future.
26.2 No waiver, consent, or modification of any of the provisions of this Agreement shall be
binding unless in writing and signed by a duly authorized representative of each party hereto.
27.0 THIRD PARTY RIGHTS
27.1 Nothing in this Agreement shall be construed to give any rights or benefits to anyone other
than City and Service Provider.
28.0 PROHIBITION AGAINST CONTINGENT FEES
28.1 Service Provider warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the Service Provider, to solicit or secure this Agreement,
and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a
bona fide employee working solely for the Service Provider, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
29.0 NO JOINT VENTURE
29.1 Nothing herein shall be deemed to create a joint venture or principal-agent
relationship between the parties, and neither party is authorized to, nor shall either party act toward third
persons or the public in any manner which would indicate any such relationship with the other party.
30.0 ATTORNEY'S FEES
30.1 Should either party bring an action to enforce any of the terms of this Agreement, the
prevailing party shall be entitled, to the extent permitted by law, to recover from the non-prevailing party the
costs and expenses of such action including, but not limited to, reasonable attorney's fees, whether at
settlement, trial or on appeal.
31.0 COUNTERPARTS
31.1 This Agreement may be executed in any number of counterparts, each of which when so
executed and delivered shall be considered an original agreement; but such counterparts shall together
constitute but one and the same instrument.
32.0 DRAFTING
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32.1 City and Service Provider each represent that they have both shared equally in drafting this
Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the
event of a dispute between the parties.
33.0 NOTICE
33.1 Any notices required to be given by the terms of this Agreement shall be delivered by hand
or mailed, postage prepaid to: ·
For Service Provider:
Q ,
For City:
Utilities/Public Works Dire'ct6r
1126 East State Road 434~:. .
Winter Springs, FL 32708....0: '.
Phone: (407r327-5~89'
Facsimile:-(407) 327-6695
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33.2 Either party may change the notice address by providing the other party written notice of the
change.
34.0 SOVEREIGN IMMUNITY
34.1 Nothing contained in this Agreement shall be construed as a waiver of the City's right to
sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's
potential liability under state or federal law.
35.0 INDEMNIFICATION
35.1 For all Services performed pursuant to this Agreement, the Service Provider agrees to the
fullest extent permitted by law, to indemnify and hold harmless the City and its commissioners, employees,
officers, and city attorneys (individually and in their official capacity) from and against all claims, losses,
damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's
fees through any and all administrative, trial and appellate proceedings), directly or indirectly arising from:
a. any default under this Agreement by Service Provider;
b. any negligent act, omission or operation of work related to all Services
performed under this Agreement by Service Provider, and its employees,
principals, agents, independent contractors, and consultants.
c. the acts, errors, omissions, intentional or otherwise, arising out of or
resulting from Service Provider's and its employees, partners, contractors,
and agents on the performance of the Services being performed under this
Agreement;
d. Service Provider's, and its employees, partners, contractors, and agents
failure to comply with the provisions of any federal, state, or local laws,
ordinance, or regulations applicable to Service Provider's and its
employees, partners, contractors, and agents performance under this
Agreement;
e. any fraud and misrepresentation conducted by Service Provider and its
employees, partners, contractors, and agents on the City under this
Agreement.
35.2 The indemnification provided above shall obligate the Service Provider to defend at its own
expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims
of liability and all suits and actions of every name and description that may be brought against the City or its
commissioners, employees, officers, and City Attorney which may result from any negligent act, omission or
operation of work related to the Services under this Agreement whether the Services be performed by the
,
Service Provider, or anyone directly or indirectly employed by them. In all events the City and its
commissioners, employees, officers, and City Attorney shall be permitted to choose legal counsel of its sole
choice, the fees for which shall be reasonable and subject to and included with this indemnification provided
herein.
36.0 ORDER OF PRECEDENCE
36.1 In case of any inconsistency in any of the documents bearing on the Agreement between the
City and the Service Provider, the inconsistency shall be resolved by giving precedence in the following
order:
a. Addenda to this Agreement subsequent to the Effective date of this Agreement;
Ii. This Agreement;
c. Exhibits to this Agreement; and
d. The Bid documents.
36.2 Any inconsistency in the work description shall be clarified by the City and performed by the
Service Provider.
37.0 AGREEMENT INTERPRETATION
37.1 At its discretion, during the course of the work, should any errors, ambiguities, or
discrepancies be found in the Agreement or specifications, the City at its sole discretion will interpret the
intent of the Agreement and work descriptions and the Service Provider hereby agrees to abide by the City's
interpretation and agrees to carry out the work in accordance with the decision of the City.
37.2 When the material, article, or equipment is designated by a brand name and more than one
brand name is listed, it will be understood that the work is based on one brand name only. The Service
Provider will be responsible for all coordination necessary to accommodate the material, article, or
equipment being provided without additional cost to the City. A substitute material, article, or equipment is
allowed if it is reasonably equivalent to the brand name specified. The City has full discretion to decide
whether a substitute is reasonably equivalent. Service Provider must notify the City prior to use of the
substitute for a specified brand name and allow the City to make a determination before Service Provider
uses the substitute.
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
Address
Telephone
CITY:
CITY OF WINTER SPRINGS, FLORIDA
By:
Dated
RONALD W, MCLEMORE
City Manager
ATTEST:
By:
ANDREA LORENZO-LUACES, City Clerk
A TT A.CHMENT NO. 2
STATEMENT OF WORK FOR
AQUATIC WEED CONTROL AND MAINTENANCE
OF CERTAIN STORMWATER PONDS
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1. PROJECT SCOPE
Provide all supervision, labor, equipment, materials and fuel to perform grounds,
aquatic weed control and pond maintenance as indicated in this statement of work.
The work consists of maintaining stormwater ponds and several canals/ditches throughout the
City.
2. GENERAL
2.1 Supervisor: The contractor shall provide an individual who shall be responsible for the
performance of the work. The name of this person and alternate(s) who shall act for the
contractor when the supervisor is unavailable shall be designated in writing to the Utilities
Director or other designated City employee.
2.1.1 Authority: The Stormwater Utility Manager or alternate shall have full authority to act for
the Contractor on all matters relating to daily operation of this contract.
2.1.2 Availability: The supervisor or alternate shall be available during normal business hours
within 24 hours to meet with City Personnel designated by the Utilities Director to discuss
problem areas,
2.2 Employees
2.2.1 Contractor Personnel Appearance: Contractor personnel shall present a neat
appearance and be easily recognized. This may be accomplished by wearing distinctive
clothing bearing the company name or by wearing appropriate badges which contain the
company and employee name:.. .. .
2.2.2 Vehicle Operator Licenses: The contractor shall ensure that all vehicle operators have
a valid Florida operators' license for the type of vehicle being driven, prior to starting work.
2.3 Quality Control
2.3.1 Quality Control Plan: The contractor shall establish and maintain a quality control plan
to ensure the requirements of the contract are provided for as specified.
2.4 Standards of Work
2.4.1 Standards of Service: The standards of service provided by the contractor shall be
equal to City of Winter Springs standards and those normally expected of a competent firm
engaged in the aquatic weed control services business.
2.4.2 Qualified Technicians: The contractor is held responsible for providing fully qualified
and licensed technicians/workers to perform the tasks necessary in providing these services.
2.5 Hours of Work: Work may be performed by the contractor between the hours of 7:00 a.m.
and 6:00 p.m., Monday through Saturday. No work may be performed before sunrise or after
sundown without advance written permission from the City.
2.6 Damage to City Property: The contractor shall take necessary precautions to protect City
property, Any damage to City property resulting from the wrongful or negligent acts of the
contractors' employees shall be repaired or replaced by the contractor or be deducted from
the payment due the contractor.
. ,;'
2.7 Safety: The contractor shall exercise proper safety procedures which are in accordance
with all state, local, and OSHA regulations or standards. . . ,
2.8 Contractors Work Plan: The contractor shall furnish with his bid a complete proposal of
his/her plan for accomplishing the required work, including a list of the equipment and
personnel intended to be used.
3. WORK TO BE PERFORMED
3.1 Description: The work in this section consists of the following:
The intent of the BID is to obtain a price for providing management of certain lakes and/or
waterways in accordance with the following specifications.
Seventy - Two (72) stormwater ponds (72,350 ft. total circumference) and Six (6)
ditches/canals (5,600 ft total length) located at various City locations in Winter Springs, FL.
(See section four for locations and individual circumference measurements)
A minimum of twelve (12) inspections per year with treatment as required. The period between
individual pond inspections must not exceed 35 days.
Water Manaqement Services are to include. but not necessarily be limited to the followinq:
A. Algae and aquatic weed control in open water areas only.
B. Shoreline grass control to the waters' edge in non-vegetated areas only.
C. Vegetation in the bottom of dry ponds shall be limited in height to 12".
D. Littoral shelf maintenance-Wicking for the control of cattail and primrose willow.
E. Water chemistry testing, as needed by the contractor for the success of the control
program.
F. Bacteria testing, as needed by the contractor for the success of the control program.
G. Triploid grass carp stocking (to control hydrilla and slender spikerush) based on a
unit cost. Fish barriers are not part of this scope. They will be negotiated on a case by
case basis.
\
\.
\
H. Removal of all nonorganic material (bottles, cans, litter, etc.) that is floating or at
the water line will be conducted once per month. Management reporting will be used to
verify trash removal activities. Trash to be' removed is limited to trash which can
physically enter the pond via the storm sewer system.
I. Overflow structures shall be cleared of weeds monthly.
J~. Physical removal of organic materials is not part of this contract and will be
.; ..p,~~~ated separately,
. . . .
J.
K. Management reporting. Managenient reporting will require' the use of forms as
provided by the City and will be used as a basis for Invoice approval and contract
performance inspection. Any activity conducted as part of the contract will have to be
submitted within 72hrs of the activity taking place.
3.2 Inspection and Unsatisfactory Work: During periods of heavy pond maintenance the
contractor shall consult with the City for inspection and tentative approval of work quality being
accomplished. In the event of unsatisfactory work, the contractor shall perform whatever work
is necessary without additional compensation.
3.3 Bid Items and Items of Payment: The measurement of production and item(s) of
payment shall be made by uniUwork areas on a per monthly basis as follows and as indicated
in 4.0:
4.0 AREAS TO BE MAINTAINED
Pond Pond Approximate Location
# Name Circumference
1 Tanglewood Pond 400 Rustic WoodslWildwood subdivision on Tanglewood
2 Highlands Pond 1100 lake with island in center behind club house
3 The Oaks 1000 North side of Shephard across from The Oaks
4 Highland Lakes ,- Shepard Road 550 ~outh Shephard adjacent to The Oaks
5 Highland Village - Large 950 next to 405 Macgregor Road
6 Highland Village - Small 300 blw 320 & 326 Macgregor
7 Highland Village - 3rd Street 750 corner of Macgregor, 3rd, and Sheoah
8 Moss Road Pond 1300 wet pond by Torcaso park and fire station
9 Safety Bldg. Pond A & B 850 both sides of police station
10 Cory Lane Pond 400 end of cul-de-sac
11 Rhoden Lane Pond 750 end of cul-de-sac
12 Alligator Pond 1300 off Murphy Road behind Murphy Pond B
13 Murphy Pond 8 700 off Murphy Road before Bridge past Hawthorn
14 Murphy Lake 1200 off Murphy after bridge after Murphy Pond B before Panama Cir
15 Donut Lake 1550 S Edgemon Ave blw Cotton Wood and Panama
16 Fruitwood lake 1400 blw Fruitwood/Panama and Edgemon
17 Gee Creek Pond 550 corner of Elderwood and Edgemon
18 Arbors - Dolphin Road 1350 corner of Dolphin and Lancers
19 Stone Gable 1100 stone gable circle
20 Winding Hollow #10 1a50 power line esmt by stone gable
21 Winding Hollow #15 1000 before twelve oaks on winding hollow blvd east
22 Winding Hollow #14 350 before twelve oaks on winding hollow blvd west
23 Winding Hollow #1 9 350 corner of winding hollow & !welve oaks
24 Winding Hollow #17 SO) power esmt North of W,H.#20
25 Winding Hollow #22 1400 corner of winding hollow & winding chase
26 Winding Hollow #11 650 east side of winding hollow blvd just past springview ct
27 Winding Hollow #20 4OC'O large power line esmt wet pond
28 SR 434 DOT pond E 2150 Across from the Reserve
29 SR 434 DOT pond 0 350 Across from Consolidated Services
30 SR 434 DOT Pond A 1800 adjacent to Stone Gable
31 SR 434 DOT Pond B 1350 post office
32 SR 434 DOT Pond C 950 post office
33 Winter Springs City Hall Pond 850 Behind City Hall
34 Central Winds Pard Pond 1300 adjacent to Lake Jessup
35 Central Winds Park Soccer Field 700 Soccer Fields
36 O'Day Pond 750 blw 1132 and 1142 O'Day Drive
37 Baltic Lane Pond/Ditch 250 baltic lane . _..
38 Freedom Lane Pond I Ditch 750 freedom lane
39 Oak ForesUChokecherry Pond 300 Papaya Lane - esmt blw March Hare and Turkey Hollow
.40 Oak Forest Lake 2300 corner of Tuscawilla and Winter Springs Blvd
41 Trotwood Pond 1100 along Trotwood Blvd by Northern Way
42 Tuscawilla Lake 2700 Trotwood Park Lake off Northern Way
43 Tuska Oaks 9 350 S. of fire depl. and behind 5021504 Pleasant Grove
44 Tusca Oaks 8 SO) across from Water Plant on Northern Way
45 Tusca Oaks 7 500 between 512 & 514 Pleasant Grove
46 Tusca Oaks 1-6 2300 ponds in power esmt blw pleasant grove & w.s.blvd
47 Willa Lake 3300 blw Ermine, Antelope, Deer Run and Wolverine
48 MT. Laurel Pond 500 Ml. Laurel
49 Bear Creek Cl. Pond 400 end of cul-de-sac
50 Seneca Pond 400 near intersection of Vistawilla and Seneca
51 Running Bear Cl. Pond 200 behind 695 running bear court
52 Tiverton Pond 700 Carrington Woods
53 Carrington Pond 1000 Carringlon Woods
54 Warrington Pond 1100 Carrington Woods
55 Winter Springs Blvd/Across from park 600 next to Fox Glen
56 Sam Smith Park Pond 2000 Sam Smith Park
57 White Dove Pond 350 BIw White Dove and Woodchuck in power esmt
58 Tuscawilla Pond B/C - Boat Pond 350 off Seneca Blvd blw Canadice and Lamoka in power esmt
59 Tuscawilla Pond 0 - Chelsea Large 2500 off Seneca Blvd blw Tioga and Conesus
60 Little Sparrow Cl. Pond. 600 Behind 1630 Winter Springs Blvd, E. of Little Sparrow Cl.
61 Chestnut Estates - 1 350 blw 222 and 223 Blue Creek Drive
62 Bear Creek Pond/\/V.S. Blvd. 300 North of Winter Springs Blvd - by entrance of Chestnut Estates
62A pond behind #62 350
63 Chestnut Estates - 2 550 blw 200 and 206 Blue Creek Dr North.
64 Chestnut Estates - 4 1100 East side of Chestnut Estates bordering Oviedo
65 Hole 13 Lake 1450 Tuscawilla Golf Course
66 Hole 12 Lake 1650 Tuscawilla Golf Course
67 Fairway Oaks Pond 600 Middle of Fairway Oaks
68 Chestnut Ridge 750 East side of Greenbriar at entrance to subdivision
69 Greenbriar Pond 550 West side of Greenbiar
70 Dyson Pond 550 blw Shetland & Dyson
80 Winter Springs High School 1300 high school fields and Tuscawilla Road
100 N. Edgemon Ave/Civic Center 1000 behind ball fields
101 Lombardi Road Canal 1000 blw Devon & Fairfax
102 S, Edgemon/S. Flamingo (N/S) 2500 Canal
103 Sheoah Rd. park Outfall Area 100 across from 3rd streeet by park - small area entering into lake
104 Highlands Canal/Sheoah Circle 400 ditch by fenced area off Sheoah circle
105 Safety Bldg Ditch 600 ditch runs behind police station
Triploid Grass Carp Stocking: $
each
A TT ACHMENT NO. 3
BID NUMBER: ITB-007-0l/KH
BID CLOSING: OCTOBER 3,2001
Bid Closing Was Called-By:.
Naney VobOrnik, Purchasing Coordinator
Bid Opened:
Bid Closed:
3:02 p.m.
3:05 p.m.
Witnesses:
Kim Hall, City Engineer/Stormwater Utility Manager
Holly Pierstorff, Assistant To The City Clerk
Three (3) Bid,; Received:
1. AQUATIC BIOLOGISTS,INC.
AGENT: MR. DOUGLAS K. CHARLES, 750 LAN ARK STREET, SANFORD, FLORIDA 32773
TELEPHONE: (407) 302-5062 FACSIMILE: (407) 302-5063
BID AMOUNT: $ 50,736.00
2. FUTURE HORIZONS, INC.
AGENT: MR. RICHARD A. BLACKBURN, VICE PRESIDENT, P.O. BOX 1115, HASTINGS,
FLORIDA 32145-1115
TELEPHONE: (800) 682-1187
BID AMOUNT: $41,616.00
3. SOUTHERN WATERS AQUA TIC MANAGEMENT
AGENT: MR. ROBERT 1. POULIN, OWNER, 1330 VAN ARSDALE STREET, OVIEDO,
FLORIDA 32765
TELEPHONE: (407) 977-0880
BID AMOUNT: $54,300.00
Holly Pierstorff, Assistant To The City Clerk
City of Winter Springs
Copy: Mr. Kip Lockcuff, Director, Public Works Department
Ms. Nancy Vobornik, Purchasing Department
DOC>i\\Vord\BIDS\RESULTS\FyOOO I IITB,007.0 I Kll.doc
BID NO. ITB007/01KH
Pa ge --1L of....32.
STATEMENT OF WORK
FOR
AQUATIC WEED CONTROL AND MAINTENANCE
OF CERTAIN STORMWATER PONDS
1. PROJECT SCOPE
Provide all supervision, labor, equipment, materials and fuel to perform grounds,
aquatic weed control and pond maintenance as indicated in this statement of work.
The work consists of maintaining storm water ponds and several canals/ditches
throughout the City.
2. GENERAL
2.1 Supervisor: The contractor shall provide an individual who shall be responsible for
the performance of the work. The name of this person and alternate(s) who shall act
for the contractor when the supervisor is unavailable shall be designated in writing to
the Utilities Director or other designated City employee.
2.1.1 Authority: The Stormwater Utility Manager or alternate shall have full authority
to act for the Contractor on all matters relating to daily operation of this contract.
\
2.1.2 Availability.: The supervisor. or alternate shall be available during normal business
hours within 24 hours to meet with City Personnel d~signated by the Utilities Director
to discuss problem areas.
2.2 Employees
2.2.1 Contractor Personnel Appearance: Contractor personnel shall present a neat
appearance and be easily recognized. This may be accomplished by wearing
distinctive clothing bearing the company name or by wearing appropriate badges which
contain the company and employee name.
2.2.2 Vehicle Operator Licenses: The contractor shall ensure that all vehicle operators
have a valid Florida operators' license for the type of vehicle being driven, prior to
starting work....., .-
2.3 Quality Control
2.3.1 Quality Control Plan: Ttte contractor shall establish and maintain a quality control
plan to ensure the requirements of the contract are provided for as specified.
BID NO. ITB007/0 I KH
Page ..1L of.-a2.
2.4 Standards of Work
2.4.1 Standards of Service: The standards of service provided by the contractor shall
be equal to City of Winter Springs standards and those normally expected of a
competent firm engaged in the aquatic weed control services business.
2.4.2 Qualified Technicians: The contractor is held responsible for providing fully
qualified and licensed technicians/workers to perform the tasks necessary in providing
these services.
2.5 Hours of Work: Work may be performed by the contractor between the hours of
7:00 a.m. and 6:00 p.m., Monday through Saturday. No work may be performed
before sunrise or after sundown without advance written permission from the City.
2.6 Damage to City Property: The contractor shall take necessary precautions to
protect City property. Any damage to City property resulting from the wrongful or
negligent acts of the contractors' employees shall be repaired or replaced by the
contractor or be deducted from the payment due the contractor.
2.7 Safety: The contractor shall exercise proper safety procedures which are in
accordance with all state, local, and OSHA regulations or standards.
2.8 Contractors Work Plan: The contractor shall furnish with his bid a complete
proposal of his/her plan for accomplishing the required work, including a list of the
equipment and personnel intended to be used.
3. WORK TO BE PERFORMED
3.1 Description: The work in this section consists of the following:
The intent of the BID is to obtain a price for providing management of certa}n lakes
and/or waterways in accordance with the following specifications.
Seventy - Two (72) stormwater ponds (72,350 ft. total circumference) and Six (6)
ditches/canals (5,600 ft total length) located at various City locations in Winter
Springs, FL. (See section four for locations and individual circumference... - - .---- -- - .
measurements)
A minimum of twelve (12) inspections per year with treatment as required. The period
between individual pond inspebtions must not exceed 35 days.
Water Management Services are to include. but not necessarily be limited to the
following:
A. Algae and aquatic weed control .in open water areas only.
B. Shoreline grass control to the waters' edge in non-vegetated areas only.
"
BID NO. ITB007/0Ikh
Page ~ of....32.
C. Vegetation in the bottom of dry ponds shall be limited in height to
12" .
D. Littoral shelf maintenance-Wicking for the control of cattail and
primrose willow.
E. Water chemistry testing, as needed by the contractor for the success
of the control program.
F. Bacteria testing, as needed by the contractor for the success of the
control program.
G. Triploid grass carp stocking (to control hydrilla and slender spikerush)
based on a unit cost. Fish barriers are not part of this scope. They will
be negotiated on a case by case basis.
H. Removal of all nonorganic material (bottles, cans, litter, etc.) that is
floating or at the water line will be conducted once per month.
Management reporting will be used to verify trash removal activities.
Trash to be removed is limited to trash which can physically enter the
pond via the storm sewer system.
I. Overflow structures shall be cleared of weeds. monthly.
J. Physical removal of organic materials is not part of this contract and
will be negotiated separately.
K. Management reporting. Management reporting will require the use of
forms as provided by the City and will be used as a basis for Invoice
approval and contract performance inspection. Any activity conducted as
part of the contract will have to be submitted within 72hrs of the activity
taking place.
3.2 Inspection and Unsatisfactory Work: During periods of heavy pond
maintenance the contractor - shall- 'consult- with- the City for inspection -and --. --
tentative approval of work quality being accomplished. In the event of
unsatisfactory work, the contractor shall perform whatever work is necessary
without additional compen~ation.
.
3.3 Bid Items and Items of Payment: The measurement of production and
item(s) of payment shall be made by unit/work areas on a per monthly basis as
follows and as indicated in 4.0:
BID NO.ITB007/0Ikh
Page ..1.L of~
4.0 AREAS TO BE MAINTAINED
Pond Pond Approximate Location
# Name Circumference
1 Tanglewood Pond 400 Rustic WoodslWildwood subdivision on Tanglewood
2 Highlands Pond 1100 lake with island in center behind club house
3 The Oaks 1000 North side of Shephard across from The Oaks
4 Highland Lakes - Shepard Road 550 South Shephard adjacent to The Oaks
5 Highland Village - Large 950 next to 405 Macgregor Road
6 Highland Village - Small 300 blw 320 & 326 Macgregor
7 Highland Village - 3rd Street 750 corner of Macgregor, 3rd, and Sheoah
8 Moss Road Pond 1300 wet pond by Torcaso park and fire station
9 Safety Bldg. Pond A & B 850 both sides of police station
10 Cory Lane Pond 400 end of cul-de-sac
11 Rhoden Lane Pond 750 end of cul-de-sac
12 Alligator Pond 1300 off Murphy Road behind Murphy Pond B
13 Murphy Pond B 700 off Murphy Road before Bridge past Hawthorn
14 Murphy Lake 1200 off Murphy after bridge after Murphy Pond B before Panama Cir
15 Donut Lake 1550 S Edgemon Ave blw Cotton Wood and Panama
16 Fruitwood lake 1400 blw Fruitwood/Panama and Edgemon
17 Gee Creek Pond 550 corner of Elderwood and Edgemon
18 Arbors - Dolphin Road 1350 corner of Dolphin and Lancers
19 Stone Gable 1100 stone gable circle
20 Winding Hollow #10 1050 power line esmt by stone gable
21 Winding Hollow #15 1000 before twelve oaks on winding hollow blvd east
22 Winding Hollow #14 350 before twelve oaks on winding hollow blvd west
23 Winding Hollow #19 350 corner of winding hollow & twelve oaks
24 Winding Hollow #17 900 power esmt North of W.H.#20 --,--
25 Winding Hollow #22 1400 corner of winding hollow & winding chase
26 Winding Hollow #11 650 east side of winding hollow blvd just past springview ct
27 Winding Hollow #20 4000 large power line esmt wet pond
28 SR 434 DOT pond E 2150 Across from the Reserve
29 SR 434 DOT pond D 350 Across from Consolidated Services
30 SR 434 DOT Pond A ' 1800 adjacent to Stone Gable
31 SR 434 DOT Pond B 1350 post office
32 SR 434 DOT Pond C 950 post office
33 Winter Springs City Hall Pond 850 Behind City Hall
34 Central Winds Pard Pond 1300 adjacent to Lake Jessup
35 Central Winds Park Soccer Field 700 Soccer Fields
36 O'Day Pond 750 blw 1132 and 1142 O'Day Drive
37 Baltic Lane PondlDitch 250 bailie lane
38 Freedom Lane Pond I Ditch 750 freedom lane
39 Oak Forest/Chokecherry Pond 300 Papaya Lane - esmt blw March Hare and Turkey Hollow
40 Oak Forest Lake 2300 corner of Tuscawilla and Winter Springs Blvd
41 Trotwood Pond 1100 along Trotwood Blvd by Northern Way
42 Tuscawilla Lake 2700 Trotwood Park Lake off Northern Way
43 Tuska Oaks 9 350 S. of fire dept. and behind 5021504 Pleasant Grove
44 Tusca Oaks 8 900 across from Water Plant on Northern Way
45 Tusca Oaks 7 500 between 512 & 514 Pleasant Grove
46 Tusca Oaks 1-6 2300 ponds in power esmt b/w pleasant grove & w.s.blvd
47 Willa Lake 3300 blw Ermine, Antelope, Deer Run and Wolverine
48 MT. Laurel Pond 500 Mt. Laurel
BID NO. ITB007/0 I kh
Page -1JL of....J2
Pond Pond Approximate Location
# Name Circumference
49 Bear Creek Ct. Pond 400 end of cul-de-sac
50 Seneca Pond 400 near intersection of Vistawilla and Seneca
51 Running Bear Ct. Pond 200 behind 695 running bear court
52 Tiverton Pond 700 Carrington Woods
53 Carrington Pond 1000 Carrington Woods
54 Warrington Pond 1100 Carrington Woods
55 Winter Springs Blvd/Across from park 600 next to Fox Glen
56 Sam Smith Park Pond 2000 Sam Smith Park
57 White Dove Pond 350 B/w White Dove and Woodchuck in power esmt
58 Tuscawilla Pond B/C - Boat Pond 350 off Seneca Blvd b/w Canadice and Lamoka in power esmt
59 Tuscawilla Pond 0 - Chelsea Large 2500 off Seneca Blvd b/w Tioga and Conesus
60 Little Sparrow Ct. Pond. 600 Behind 1630 Winter Springs Blvd. E. of Little Sparrow Ct.
61 Chestnut Estates - 1 350 b/w 222 and 223 Blue Creek Drive
62 Bear Creek PondllN.S. Blvd. 300 North of Winter Springs Blvd - by entrance of Chestnut Estates
62A pond behind #62 350
63 Chestnut Estates - 2 550 b/w 200 and 206 Blue Creek Dr North.
64 Chestnut Estates - 4 1100 East side of Chestnut Estates bordering Oviedo
65 Hole 13 Lake 1450 Tuscawilla Golf Course
66 Hole 12 Lake 1650 Tuscawilla Golf Course
67 Fairway Oaks Pond 600 Middle of Fairway Oaks
68 Chestnut Ridge 750 East side of Greenbriar at entrance to subdivision
69 Greenbriar Pond 550 West side of Greenbiar
70 Dyson Pond 550 b/w Shetland & Dyson
80 Winter Springs High School 1300 high school fields and Tuscawilla Road
100 N. Edgemon Ave/Civic Center 1000 behind ball fields
101 Lombardi Road Canal 1000 b/w Devon & Fairfax
102 S. Edgemon/S. Flamingo (N/S) 2500 canal-
103 Sheoah Rd. park Outfall Area 100 across from 3rd streeet by park - small area entering into lake
104 Highlands CanaVSheoah Circle 400 ditch by fenced area off Sheoah circle
105 Safety Bldg Ditch 600 ditch runs behind police station
..
BID NO. ITB007/0Ikh
Page ..llL of~
THE BID SCHEDULE
In accordance with the terms, conditions and specifications, the undersigned
bidder hereby submits the following prices for supplying the City of Winter
Springs with the goods and/or services called for in BID # ITB007/01KH
Maintenance and aquatic weed control of selected Retention Ponds
Pond Pond Name Pond Trash Annual
# Treatment Removal Cost
$/Month $/Month $/Year
1 Tanglewood Pond
2 Highlands Pond
3 The Oaks
4 Highland Lakes - Shepard Road
5 Highland Village - Large
6 Highland Village - Small
7 Highland Village - 3rd Street
8 Moss Road Pond
9 Safety Bldg. Pond A & B
10 Cory Lane Pond
11 Rhoden Lane Pond
12 Alligator Pond
13 Murphy Pond B
14 Murphy Lake
15 Donut Lake
16 Fruitwood lake
17 Gee Creek Pond
18 Arbors - Dolphin Road
19 Stone Gable
20 Winding Hollow #10
21 Winding Hollow #15
22 Winding Hollow #14
23 Winding Hollow #19
24 Winding Hollow #17
25 Winding Hollow #22
26 Winding Hollow #11
27 Winding Hollow #20
28 SR 434 DOT pond E
29 SR 434 DOT pond 0 - - .-.. ..-. --.
30 SR 434 DOT Pond A
31 SR 434 DOT Pond B
32 SR 434 DOT Pond C
33 Winter Springs City HlIlI Pond
34 Central Winds Pard Pond
35 Central Winds Pari< Soccer Field
36 O'Day Pond
37 Baltic Lane Pond/Ditch
BID NO. ITB007/0Ikh
Page ~ 01-32
Pond Pond Pond Trash Annual
# Name Treatment Removal Cost
$/Month $/Month $lYear
38 Freedom Lane Pond / Ditch
39 Oak ForesUChokecherry Pond
40 Oak Forest Lake
41 Trotwood Pond
42 Tuscawilla Lake
43 Tuska Oaks 9
44 Tusca Oaks 8
45 Tusca Oaks 7
46 Tusca Oaks 1-6
47 Willa Lake
48 MT. Laurel Pond
49 Bear Creek Ct. Pond
50 Seneca Pond
51 Running Bear Ct. Pond
52 Tiverton Pond
53 Carrington Pond
54 Warrington Pond
55 Winter Springs Blvd/Across from park
56 Sam Smith Park Pond
57 White Dove Pond
58 Tuscawilla Pond B/C - Boat Pond
59 Tuscawilla Pond D - Chelsea Large
60 Little Sparrow Ct. Pond.
61 Chestnut Estates - 1
62 Bear Creek PondMl.S. Blvd.
62A pond behind #62
63 Chestnut Estates - 2
64 Chestnut Estates - 4
65 Hole 13 Lake
66 Hole 12 Lake
67 Fairway Oaks Pond
68 Chestnut Ridge
69 Greenbriar Pond
70 Dyson Pond
80 Winter Springs High. School ...-- .... . -... -
100 N. Edgemon Ave/Civic Center
101 Lombardi Road Canal
102 S. Edgemon/S. Flamingo (N/S)
103 Sheoah Rd. park Outfall Area
104 Highlands CanaUSheoah Circle
105 Safety Bldg Ditch
Triploid Grass Carp Stocking: $
each
BID NO. ITB007/0Ikh
Page ~ of....32
AGREEMENT FORM
THIS AGREEMENT is made and entered into this 151 day of April, 2001, by and
between the CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation,
hereinafter referred to as "City", located at 1126 East State Road 434, Winter Springs, FL 32708,
and Aquatic Bioloqist. Inc. a Florida corporation, hereinafter referred to as "Service Provider".
WITNESSETH:
WHEREAS, City wishes to obtain Aquatic Weed Control and Maintenance of Certain
Ponds on a continuing basis; and
WHEREAS, Service Provider participated in the selection and negotiation process; and
WHEREAS, Service Provider is willing to provide such Aquatic Weed Control and
Maintenance of Certain Ponds 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 RECITALS
1.1 The foregoing recitals are deemed to be true and accurate and are fully
incorporated herein by reference.
2.0 TERM AND DEFINITIONS
2.1 This contract shall be in effect for twelve (12) months comniencir"~pin--the"-----
Effective Date. The City may extend this contract for two (2)'additional one year terms, provided
the City determines, in its discretion, that Service Provider has adequately performed during the
previous term of this contract. In the event this contract is extended, the contract price may be
adjusted to allow for consumer price increases based on Bureau of Labor and Statistics ..
Producer Price Index not to exceed 2 (two) percent. The adjustment will be based on the
annual contract period from the same period of the previous year and calculated 30 days prior to
renewal. The Agreement may be canceled in whole or part by the City or the Service Provider,
upon giving at least (30) days written notice prior to cancellation; EXCEPT as otherwise provided
under Section 20 of this Agreement and that non-performance on the part of the Service Provider
will be grounds for immediate termination. Unless otherwise provided in said notice, - all work
being performed by Service Provider at the time of receipt of the notice shall immediately cease
and no further work shall be provided by Service Provider under this contract.
2.2 Definitions. The following words and phrases used in this Agreement shall
have the following meaning ascribed to them unless the context clearly indicates otherwise:
a. "Agreemenr' 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 lartdscape 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
BID NO. ITB007/0Ikh
Page 2L of-.32
which this Agreement shall go into effect. The Agreement shall
not go into effect until said date.
c. "Service Provider" shall mean Aauatic Bioloaist. Inc. 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.
e. 'Work" or "Services" shall be used interchangeably and shall
include the performance of the work agreed to by the parties in
this Agreement.
f. "City Project Manager" or "Designated Representative" or "Project Director" shall
mean the Public Works/Utilities Director for the City, or his designee, who is to
provide the general administration of the contract.
3.0 SCOPE OF SERVICES
3.1 Service Provider shall provide Aquatic Weed Control and Maintenance of Certain
Ponds, including the furnishing of all labor, equipment, tools, materials, incidentals and the
performing of all operations necessary as described in the Statement of Work.
4.0 CHANGES IN THE SCOPE OF WORK
4.1 City may make changes in the Services at any time by giving written notice to
Service Provider. If such changes increase (additional services) or decrease or eliminate any
amount of Work, City and Service Provider will negotiate any change in total cost or schedule
modifications. -- tf-the-City- and the Service- Provider approve any change, the Contract will be
modified in writing to reflect the changes. All change orde(s shall be authorized in writing by
City's and Service Provider's designated representative.
4.2 All of City's amendments thereto shall be performed in strict accordance with the
terms of this Agreement insofar as they are applicable.
5.0 SCHEDULE
5.1 Service Provider shall perform services in conformance with the schedule
reasonably established by the Stormwater Utility Manager. Service Provider shall complete all of
said services in a timely manner and will keep City apprized of the status of work within 72 hours
of any activity taking place. Should Service Provider fall behind on the established schedule, it
shall employ such resources so as to comply with the schedule.
5.2 No extension for completion of services shall be granted to Service Provider
without City's prior written consent.
6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES
OF SERVICE PROVIDEiR
6.1 General Bid Services. The City shall only pay Service Provider for services
actually performed based on the Bid Form. The total amount paid to Service Provider for the first
Page 2L of~
BID NO. ITB007/0Ikh
year of this Agreement shall not exceed $50.736.00 Dollars. If this contract is extended,
the total annual amount paid to Service Provider shall not exceed that above mentioned number
adjusted by the Producer Price Index as set forth in paragraph 2.1 of this contract.
6.2 Additional Services. From time to time during the term of this Agreement, City
may request that Service Provider perform additional Services not required under the Project
Manual. For those additional services agreed upon by the City and Service Provider in writing,
City agrees to pay Service Provider a total amount equal to that mutually agreed upon by the
parties in writing.
6.3 Payment. Upon receipt of a proper invoice from Service Provider, the City agrees
to pay the Service Provider the invoice amount providing said amount accurately reflects the
terms and conditions of this Agreement. Invoices may only be submitted on a monthly basis
unless otherwise agreed by the City. Unless otherwise agreed in writing by the City, there shall
be no other compensation paid to the Service Provider and its principals, employees, and
independent professional associates and consultants in the performance of Work under this
Agreement. The City agrees to make all payments due within thirty (30) days of receipt of a
proper invoice delivered by Service Provider. The Service Provider may only bill the City for
actual work performed.
7.0 RIGHT TO INSPECTION
7.1 City or its affiliates shall at all times have the right to review or observe the services
performed by Service Provider.
7.2 No inspection, review, or observation shall relieve Service Provider of its
responsibility under this Agreement.
8.0 AUDIT AND INSPECTIONS
All Service Provider's records with respect to any matters covered by this Agreement
shall be made available to the City, at any time during normal business hours, as often as the City
deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any
deficiencies noted in audit reports must be fully cleared by the Service Provider within seven (7)
days after receipt by the Service Provider. Failure of the Service Provider to comply with the
above audit requirements will constitute a material breach of this Agreement and may result, at
the sole discretion of the City I in the withholding of payment for services provided under this
Agreement.
9.0 PROFESSIONALISM AND STANDARD OF CARE
9.1 Service Provider shall do, perform and carry out in a professional manner all
Services required to be performed by this Agreement. Service Provider shall also use the
degree of care and skill in performing the Services that are ordinarily exercised under similar
circumstances by reputable members of Service Provider's profession working in the same or
similar locality as Service Provider.
.'
10.0 SUBMITTAL OF PROGRESS REPORTS
10.1 Service Provider shall submit a monthly written progress report as to the status of
all Work set forth in this Agreement within 72 hours of any work being performed. The report
shall in a sufficient manner demonstrate that any funds expended were used to provide the
Page ~ of~
BID NO. ITB007/0Ikh
agreed-upon Services. If the detail is not sufficient in the City Project Manager's reasonable
discretion to permit the City to determine the Work performed or the manner in which it is being
performed, the City may seek more detail from the Service Provider.
11.0 WARRANTY OF PROFESSIONAL SERVICES
11.1 The Service Provider (for itself and any of its employees, contractors, partners,
and agents used to perform the Services) hereby warrants unto the City that all of its employees
(and those of any of its contractors, partners, and agents used to perform the Services) have
sufficient experience to properly complete the Services specified herein or as may be performed
pursuant to this Agreement. In pursuit of any Work, the Service Provider shall supervise and
direct the Work, using its best skill and attention and shall enforce strict discipline and good order
among its employees. The Service Provider shall comply with all laws, ordinances, rules,
regulations, and lawful orders of any public authority bearing on the performance of the Work.
12.0 CORPORATE REPRESENTATIONS BY SERVICE PROVIDER
12.1 Service Provider hereby represents and warrants to the City the following:
a. Service Provider is duly registered and licensed to do business in the
State of Florida and is in good standing under the laws of Florida,
and is duly qualified and authorized to carry on the functions and
operations set forth in this Agreement.
b. The undersigned signatory for Service Provider has the power,
authority, and the legal right to enter into and perform the obligations
set forth in this Agreement and all applicable exhibits thereto, and
the execution, delivery, and performance hereof by Service Provider
has been duly authorized by the board of directors and/or president
of Service Provider. In support of said (epresentation, Service
Provider agrees to provide a copy to the City of a corporate
certificate of good standing provided by the State of Florida prior to
the execution of this Agreement.
c. Service Provider is duly licensed under all local, state and federal
laws to provide the Services stated in paragraph 3.0 herein. In
support of said representation, Service Provider agrees to provide a
copy of all said licenses to the City prior to the execution of this
Agreement.
13.0 WORK IS A PRIVATE UNDERTAKING
13.1 With regard to any and all Work performed hereunder, it is specifically
understood and agreed to by and between the parties hereto that the contractual relationship
between the City and Service Provider is such that the Service Provider is an independent
contractor and not an agent of the City. The Service Provider, its contractors, partners, agents,
and their employees are independent contractors and not employees of the City. Nothing in this
Agreement shall be interpreted.to establish any relationship other than that of an independent
contractor, between the City, on one hand, and the Service Provider, its contractors, partners,
employees, or agents, during or after the performance of the Work under this Agreement.
BID NO. ITB007/0Ikh
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14.0 PROGRESS MEETING
14.1 City Project Manager may hold periodic progress meetings on a monthly basis,
or more frequently if required by the City, during the term of work entered into under this
Agreement. Service Provider's Project Manager and all other appropriate personnel shall attend
such meetings as designated by the City Project Manager.
15.0 SAFETY
15.1 Service Provider shall be solely and absolutely responsible and assume all
liability for the safety and supervision of its principals, employees, contractors, and agents while
performing Services provided hereunder.
16.0 INSURANCE
16.1 Liability Amounts. During the term of this Agreement, Service Provider shall
be responsible for providing the types of insurance and limits of liability as set forth below.
a. The Service Provider shall maintain comprehensive general liability
insurance in the minimum amount of $1,000,000 as the combined single limit
for each occurrence to protect the Service Provider from claims of property
damages which may arise from any Services performed under this
Agreement whether such Services are performed by the Service Provider or
by anyone directly employed by or contracting with the Service Provider.
b. The Service Provider shall maintain comprehensive automobile liability
insurance in the minimum amount of $1,000,000 combined single limit bodily
injury and minimum $1,000,000 property damage as the combined single
limit for each occurrence to protect the Service Provider from claims. for
damages for bodily injury, including wrongful de~th, as well as from claims
from property damage, which may arise from the ownership, use, or
maintenance of owned and non-owned automobiles, including rented
automobiles whether such operations be by the Service Provider or by
anyone directly or indirectly employed by the Service Provider.
c. The Service Provider shall maintain, during the life of this Agreement,
adequate Workers' Compensation Insurance in at least such amounts as are
required by law and Employer's Liability Insurance in the minimum amount of
$1,000,000 for all of its employees performing Work for the City pursuant to
this Agreement.
16.2 Special Requirements. Current, valid insurance policies meeting the
requirements
herein identified shall be maintained during the term of this Agreement. A copy of a current
Certificate of Insurance shall be provided to the City by Service Provider upon the Effective Date
of this Contract which satisfied the insurance requirements of this paragraph 16.0. Renewal
certificates shall be sent to the City 30 days prior to any expiration date. There shall also be a 30-
day advance written notification to the City in the event of cancellation or modification of any
stipulated insurance coverage.. The City shall be an additional named insured on all
stipulated insurance policies as its interest may appear, from time to time.
16.3 Independent Associates and Consultants. All independent contractors or
agents employed by Service Provider to perform any Services hereunder shall fully comply with
the insurance provisions contained in these paragraphs for sections 15 and 16.
BID NO. ITB007/0Ikh
Page ~ of.-3.2
17.0 COMPLIANCE WITH LAWS AND REGULATIONS
17.1 Service Provider shall comply with all requirements of federal, state, and local
laws, rules, regulations, standards, and/or ordinances applicable to the performance of Services
under this Agreement.
18.0 DOCUMENTS
18.1 Public Records. It is hereby specifically agreed that any record, document,
computerized information and program, audio or video tape, photograph, or other writing of the
Service Provider and its independent contractors and associates related, directly or indirectly, to
this Agreement, may be deemed to be a Public Record whether in the possession or control of
the City or the Service Provider. Said record, document, computerized information and program,
audio or video tape, photograph, or other writing of the Service Provider is subject to the
provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written
approval of the City's City Manager. Upon request by the City, the Service Provider shall
promptly supply copies of said public records to the City. All books, cards, registers, receipts,
documents, and other papers in connection with this Agreement shall at any and all reasonable
times during the normal working hours of the Service Provider be open and freely exhibited to the
City for the purpose of examination and/or audit.
18.2 The Service Provider acknowledges that the City is a Florida municipal
corporation and subject to the Florida Public Records Law. Service Provider agrees that to the
extent any document produced by Service Provider under this Agreement constitutes a Public
Record, Service Provider shall comply with the Florida Public Records Law.
19.0 ASSIGNMENT
19.1 Service Provider shall not assign or subcontract this Agreement, or any rights or
any monies due or to become due hereunder without the prior, written consent of City.
19.2 If upon receiving written approval from City, any part of this Agreement is
subcontracted by Service Provider, Service Provider shall be fully responsible to City for all acts
and/or omissions performed by the subcontractor as if no subcontract had been made.
19.3 If City determines that any subcontractor is not performing in accordance with
this Agreement, City shall so notify Service Provider who shall take immediate steps to remedy
the situation.
19.4 If any part of this Agreement is subcontracted by Service Provider, prior to the
commencement of any Work by the subcontractor, Service Provider shall require the
subcontractor to provide City and its affiliates with insurance coverage as set forth by the City.
20.0 TERMINATION: DEFAULT BY SERVICE PROVIDER AND CITY'S REMEDIES
20.1 The City reserves the right to immediately revoke and terminate this Agreement
and rescind all rights and privileges associated with this Agreement, without penalty, in the
following circumstances, each of which shall represent a default and breach of this Agreement:
a. Service Provider defaults in the performance of any material covenant or condition of
this Agreement and does not cure such other default within seven (7) calendar days
after written notice from the City specifying the default complained of, unless.
BID NO. ITB007/01kh
Page ~ of....32
however, the nature of the default is such that it cannot, in the exercise of reasonable
diligence, be remedied within seven (7) calendar days, in which case the Service
Provider shall have such time as is reasonably necessary to remedy the default,
provided the Service Provider promptly takes and diligently pursues such actions as
are necessary therefor; or
b. Service Provider is adjudicated bankrupt or makes any assignment for the benefit of
creditors or Service Provider becomes insolvent, or is unable or unwilling to pay its
debts; or
c. Service Provider has acted negligently, as defined by general and applicable law, in
performing the Services hereunder; or
d. Service Provider has committed any act of fraud upon the City; or
e. Service Provider has made a material misrepresentation of fact to the City while
performing its obligations under this Agreement; or
f. Service Provider is experiencing a labor dispute which threatens to have a
substantial, adverse impact upon performance of this Agreement without prejudice to
any other right or remedy City may have under this Agreement.
20.2 Notwithstanding the aforementioned, in the event of a default by Service Provider,
the City shall have the right to exercise any other remedy the City may have by operation of law,
without limitation, and without any further demand or notice. In the event of such termination, City
shall be liable only for the payment of all unpaid charges, determined in accordance with the
provisions of this Agreement, for Work properly performed prior to the effective date of
termination.
21.0 FORCE MAJEURE
21.1 Any delay or failure of either party in the performance of its required obligations
hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm;
explosion; riot; war; sabotage; strikes (except involving Service Providers labor force);
extraordinary breakdown of or damage to City's affiliates' generating plants, their equipment, or
facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory
agency; or cause or causes beyond the reasonable control of the party affected; provided that
prompt notice of such delay is given by such party to the other and each of the parties hereunto
shall be diligent in attempting to remove such cause or causes. If any circumstance of Force
Majeure remains in effect for sixty days, either party may terminate this Agreement.
22.0 GOVERNING LAW & VENUE
22.1 This Agreement is made and shall be interpreted, construed, governed, and
enforced in accordance with the laws of the State of Florida. Venue for any state action or
litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be
Orlando, Florida. ..
23.0 HEADINGS
23.1 Paragraph headings are for the convenience of the parties only and are not to be
construed as part of this Agreement.
Page -2L of-32
BID NO. ITB007/0Ikh
24.0 SEVERABILITY
24.1 In the event any portion or part thereof of this Agreement is deemed invalid,
against public policy, void, or otherwise unenforceable by a court of law, the parties, at the sole
discretion and option of the City, shall negotiate an equitable adjustment in the affected provision
of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall
otherwise be fully enforceable.
25.0 INTEGRATION: MODI FICA TION
25.1 The drafting, execution, and delivery of this Agreement by the Parties has been
induced by no representations, statements, warranties, or agreements other than those
expressed herein. This Agreement embodies the entire understanding of the parties, and there
are no further or other agreements or understandings, written or oral, in effect between the
parties relating to the subject matter hereof unless expressly referred to herein. Modifications of
this Agreement shall only be made in writing signed by both parties.
26.0 WAIVER AND ELECTION OF REMEDIES
26.1 Waiver by either party of any terms, or provision of this Agreement shall not be
considered a waiver of that term, condition, or provision in the future.
26.2 No waiver, consent, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of each party
hereto.
27.0 THIRD PARTY RIGHTS
27.1 Nothing in this Agreement shall be construed to give any rights or benefits to
anyone other than City and Service Provider.
28.0 PROHIBITION AGAINST CONTINGENT FEES
28.1 Service Provider warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the Service Provider, to solicit or
secure this Agreement, and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for the Service
Provider, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement.
29.0 NO JOINT VENTURE
29.1 Nothing herein $all be deemed to create a joint venture or principal-agent
relationship between the parties, and neither party is authorized to, nor shall either party act
toward third persons or the public in any manner which would indicate any such relationship with
the other party.
Bm NO. ITB007/0Ikh
Page .2L of~
30.0 A TTORNEY'S FEES
30.1 Should either party bring an action to enforce any of the terms of this Agreement,
the prevailing party shall be entitled, to the extent permitted by law, to recover from the non-
prevailing party the costs and expenses of such action including, but not limited to, reasonable
attorney's fees, whether at settlement, trial or on appeal.
31.0 COUNTERPARTS
31.1 This Agreement may be executed in any number of counterparts, each of which
when so executed and delivered shall be considered an original agreement; but such
counterparts shall together constitute but one and the same instrument.
32.0 DRAFTING
32.1 City and Service Provider each represent that they have both shared equally in
drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of
this Agreement in the event of a dispute between the parties.
33.0 NOTICE
33.1 Any notices required to be given by the terms of this Agreement shall be
delivered by hand or mailed, postage prepaid to:
For Service Provider:
Aquatic Biologist, Inc.
750 Lanark Street
Sanford, FL 32773
Phone: (407) 302-5062
For City:
City of Winter Springs
Utilities/Public Works Director
1126 East State Road 434
Winter Springs, FL 32708
Phone: (407) 327-5957
Facsimile: (407) 327-6695
33.2 Either party may change the notice address by providing the other party written
notice of the change.
.'
34.0 SOVEREIGN IMMUNITY
34.1 Nothing contained in this Agreement shall be construed as a waiver of the City's
right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed
on the City's potential liability under state or federal law.
BID NO. ITB007/0Ikh
Page ~ of-32
35.0 INDEMNIFICA TION
35.1 For all Services performed pursuant to this Agreement, the Service Provider agrees to
the fullest extent permitted by law, to indemnify and hold harmless the City and its
commissioners, employees, officers, and city attorneys (individually and in their official capacity)
from and against all claims, losses, damages, personal injuries (including but not limited to
death), or liability (including reasonable attorney's fees through any and all administrative, trial
and appellate proceedings), directly or indirectly arising from:
a. any default under this Agreement by Service Provider;
b. any negligent act, omission or operation of work related to all
Services performed under this Agreement by Service Provider,
and its employees, principals, agents, independent contractors,
and consultants.
c. the acts, errors, omissions, intentional or otherwise, arising out of
or resulting from Service Provider's and its employees, partners,
contractors, and agents on the performance of the Services
being performed under this Agreement;
d. Service Provider's, and its employees, partners, contractors, and
agents failure to comply with the provisions of any federal, state,
or local laws, ordinance, or regulations applicable to Service
Provider's and its employees, partners, contractors, and agents
performance under this Agreement;
e. any fraud and misrepresentation conducted by Service Provider
and its employees, partners, contractors, and agents on the City
under this Agreement.
35.2 The indemnification provided above shall obligate the Service Provider to defend at
its own expense or to provide for such defense, at the option of the City, as the case may be, of
any and all claims of liability and all suits and actions of every name and description that may be
brought against the City or its commissioners, employees, officers, and City Attorney which may
result from any negligent act, omission or operation of work related to the Services under this
Agreement whether the Services be performed by the Service Provider, or anyone directly or
indirectly employed by them. In all events the City and its commissioners, employees, officers,
and City Attorney shall be permitted to choose legal counsel of its sole choice, the fees for which
shall be reasonable and subject to and included with this indemnification provided herein.
36.0 ORDER OF PRECEDENCE
36.1 In case of any inconsistency in any of the documents bearing on the Agreement
between the City and the Service Provider, the inconsistency shall be resolved by giving
precedence in the following order:
a. Addenda to this Agreement subsequent to the Effective date of this
Agreement;
b. This Agreement;
c. Exhibits to this Agreement; and
BID NO. ITB007/0Ikh
Page --3.L of-32
d. The Bid documents.
36.2 Any inconsistency in the work description shall be clarified by the City and
performed by the Service Provider:
37.0 AGREEMENT INTERPRETATION
37.1 At its discretion, during the course of the work, should any errors, ambiguities, or
discrepancies be found in the Agreement or specifications, the City at its sole discretion will
interpret the intent of the Agreement and work descriptions and the Service Provider hereby
agrees to abide by the City's interpretation and agrees to carry out the work in accordance with
the decision of the City.
37.2 When the material, article, or equipment is designated by a brand name and more
than one brand name is listed, it will be understood that the work is based on one brand name
only. The Service Provider will be responsible for all coordination necessary to accommodate the
material, article, or equipment being provided without additional cost to the City. A substitute
material, article, or equipment is allowed if it is reasonably equivalent to the brand name
specified. The City has full discretion to decide whether a substitute is reasonably equivalent.
Service Provider must notify the City prior to use of the substitute for a specified brand name and
allow the City to make a determination before Service Provider uses the substitute.
..
BID NO. ITB007/0Ikh
Page ~ of~
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:
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TRACY L. DYKES
Notary Public. Stale of Florida
My comm, expo Mar. 21. 2003
Comm, No, CC819685
~~eA L I
ANDREA LORE
City Clerk
CITY:
CITY OF WINTER SPRINGS, FLORIQA'," . \ : ,)
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By: ;rff~ 4/. 'Wl ~ __~j~~ted ~',
RONALD W. MCLEMORE \ '. . ' '. . .
City Manager ", ','
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