HomeMy WebLinkAboutLightscapes Outdoor Lighting - TLBD, Oak Forest - 2012 04 12 CO,)/4-k`C`" 2
SECTION 00500
AGREEMENT FOR LOW VOLTAGE LIGHT MAINTENANCE SERVICES
THIS AGREEMENT FOR LOW VOLTAGE LIGHT 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 Lightscapes Outdoor Lighting Systems Inc
authorized to conduct business in Florida ( "Service Provider "), located at:
4840 N Palm Ave, Winter Park, FL 32792
WITNESSETH:
WHEREAS, City wishes to obtain low voltage Tight maintenance services for Tuscawilla Lighting and
Beautification District, Oak Forest Wall and Beautification District, and the Winter Springs Town Center - Phase 1,
for a limited time period; and
WHEREAS, Service Provider participated in the selection and negotiation process; and
WHEREAS, Service Provider is willing to provide such low voltage light maintenance services for
Tuscawilla Lighting and Beautification District, Oak Forest Wall and Beautification District, and the Winter Springs
Town Center - Phase 1, for the City under the terms and conditions stated herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties covenant and agree as follows:
1.0 GENERAL PROVISIONS
1.1 Recitals. The foregoing recitals are deemed to be true and accurate and are fully incorporated
herein by reference.
1.2 Engagement. The City hereby engages Service Provider and Service Provider agrees to
perform the Services outlined in this Agreement for the stated fee arrangement. No prior or present agreements
or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement.
1.3 Due Diligence. Service Provider acknowledges that it has investigated prior to the execution of
this Agreement and satisfied itself as to the conditions affecting the Services, the availability of materials and
labor, the cost thereof, the requirements to obtain necessary insurance as set forth herein, and the steps
necessary to complete the Services within the time set forth herein. Service Provider warrants unto the City that it
has the competence and abilities to carefully and faithfully complete the Services within the time set forth herein.
Service Provider will perform its Services with due and reasonable diligence consistent with sound professional
practices.
2.0 TERM AND DEFINITIONS.
2.1 The term of this Agreement shall be for twelve (12) months, commencing on May 15, 2012, and
terminating at midnight on May 14, 2013, unless either party chooses to exercise its rights under Section 20,
"Termination ". The parties shall have the option to extend the term of this Agreement for five (5) one -year
periods. Any such extension shall be by mutual written agreement of all parties and shall be executed no Tess
than ninety (90) days prior to the expiration of this Agreement's current term.
The City Manager or the City Manager's designee (hereinafter "City Manager") shall review the
performance of the Service Provider annually at least ninety (90) days prior to the Agreement's anniversary date.
The City manager shall recommend a one (1) year extension or termination. Should the Service Provider and
City agree to extend the Agreement, the Service Provider may, at the option of the City, be entitled to an increase
in rates in an amount not to exceed one half (1/2) the change in the Consumer Price Index (CPI) for the most
recently available twelve (12) month period for All Urban Consumers (CPI -U) for All Items, U.S. City average,
published by the Bureau of Labor Statistics of the U.S. Department of Labor for 1982 -84, or the successor index
to same. Said increase shall, if approved by the City, become effective beginning with the invoice for work
performed after the start of the new Agreement period.
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2.2 Definitions. The following words and phrases used in this Agreement shall have the following
meaning ascribed to them unless the context clearly indicates otherwise:
a. "Agreement" or "Contract" shall be used interchangeably and shall refer to this
Agreement, as amended from time to time, which shall constitute authorization
for the Service Provider to provide the maintenance services approved by the
City.
b. "Effective Date" shall be the date on which the last signatory hereto shall execute
this Agreement, and it shall be the date on which this Agreement shall go into
effect. The Agreement shall not go into effect until said date.
c. "Service Provider" shall mean Lightscapes Outdoor Lighting Systems 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 City's
Urban Beautification Manager, or his /her designee, who is to provide the general administration
of the Agreement.
3.0 SCOPE OF SERVICES
Service Provider shall do, perform, deliver and carry out, in a professional manner, the type of
services as set forth in the "Summary of Work," attached hereto as Exhibit 'A' and fully incorporated herein by
this reference, including but not limited to the furnishing of all labor, equipment, tools, materials, and incidentals.
4.0 AMENDMENTS AND MODIFICATIONS
Any cardinal change in the terms and conditions set forth in this Agreement must be mutually
agreed to by both the City and the Service Provider, and may be implemented only after this Agreement has been
amended in writing.
The City reserves the right to make changes in the work, including alterations, reductions therein, or
additions thereto. Upon receipt by the Service Provider of the City's notification of a contemplated change, the
Service Provider shall (1) if requested by the City, provide an estimate for the increase or decrease in cost due to
the contemplated change, (2) notify the City of any estimated change in the completion date, and (3) advise the
City in writing if the contemplated change shall affect the Service Provider's ability to meet the completion dates
or schedules of this Agreement.
If the City so instructs, in writing, the Service Provider shall suspend work on that portion of the work
affected by a contemplated change, pending the City's decision to proceed with the change. If the City elects to
make the change, the City shall issue an Amendment to this Agreement or Change Order and the Service
Provider shall not commence work on any such change until such written amendment or change order has been
issued and signed by each of the parties.
5.0 SCHEDULE
Service Provider shall perform services in conformance with the schedule reasonably established
by the City Project Manager. Service Provider shall complete all of said services in a timely manner and will keep
City apprised of the status of work on at least a monthly basis or as otherwise reasonably requested by the City.
Should Service Provider fall behind on the established schedule, it shall employ such resources so as to comply
with the schedule. No extension for completion of services shall be granted to Service Provider without City's
prior written consent.
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6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF SERVICE PROVIDER
6.1 Compensation. For the Services provided pursuant to the Agreement, the City agrees to pay
Service Provider a sum not to exceed Eight Thousand Seven Hundred Twenty - Four Dollars ($ 8,724.00 ). If
this Agreement is extended, the total annual amount paid to Service Provider shall not exceed the above
mentioned number adjusted by the Producer Price Index as set forth in paragraph 2.1 of this Agreement.
6.2 Additional Services. From time to time during the term of this Agreement, City may request that
Service Provider perform additional Services not required under the Project Manual. For those additional services
agreed upon by the City and Service Provider in writing, City agrees to pay Service Provider a total amount equal
to that mutually agreed upon by the parties in writing.
6.3 Payment. Upon receipt of a proper invoice from Service Provider, the City agrees to pay the
Service Provider the invoice amount providing said amount accurately reflects the terms and conditions of this
Agreement. Invoices may only be submitted on a monthly basis unless otherwise agreed by the City. Unless
otherwise agreed in writing by the City, there shall be no other compensation paid to the Service Provider and its
principals, employees, and independent professional associates and consultants in the performance of Work
under this Agreement. The City agrees to make all payments due within thirty (30) days of receipt of a proper
invoice delivered by Service Provider. The Service Provider may only bill the City for actual work performed.
6.4 Truth - Negotiation Certificate. Signature of this Agreement by the Service Provider shall act
as the execution of a truth -in- negotiation certificate certifying that the wage and rates and costs used to determine
the compensation provided for in this Agreement are accurate, complete, and current as of the date of the
Agreement.
7.0 RIGHT TO INSPECTION
7.1 City or its affiliates shall at all times have the right to review or observe the services performed by
Service Provider.
7.2 No inspection, review, or observation shall relieve Service Provider of its responsibility under this
Agreement.
8.0 AUDIT AND INSPECTIONS
The Service Provider shall maintain records on the City's projects, in accordance with generally
accepted accounting principals and practices to substantiate all invoiced amounts. Said records will be available
to the City during the Service Provider's normal business hours for a period of two (2) years after the Service
Provider's final invoice for examination to the extent required to verify the direct costs (excluding established or
standard allowances and taxes) incurred herein. Should such an audit by the City reveal monies owed to the
City, the Service Provider shall reimburse the City for the cost of the audit and pay the principal overcharge
amount owed the City plus interest accrued at the prime interest rate in effect on the date of discovery. Said
interest rate shall apply to the principal overcharge amount revealed in the audit for the period from the original
payment due date(s) to the payment by the Service Provider of all monies owed.
9.0 PROFESSIONALISM AND STANDARD OF CARE
Service Provider shall do, perform and carry out in a professional manner all Services required to
be performed by this Agreement. Service Provider shall also use the degree of care and skill in performing the
Services that are ordinarily exercised under similar circumstances by reputable members of Service Provider's
profession working in the same or similar locality as Service Provider.
10.0 SUBMITTAL OF PROGRESS REPORTS
Service Provider shall submit a monthly written progress report as to the status of all Work set
forth in this Agreement. The report shall in a sufficient manner demonstrate that any funds expended were used
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to provide the agreed -upon Services. If the detail is not sufficient in the City Project Manager's reasonable
discretion to permit the City to determine the Work performed or the manner in which it is being performed, the
City may seek more detail from the Service Provider. Service Provider agrees to provide that information within a
reasonable time period.
11.0 WARRANTY OF PROFESSIONAL SERVICES
The Service Provider (for itself and any of its employees, 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
Service Provider hereby represents and warrants to the City the following:
a. Service Provider is duly registered and licensed to do business in the State of Florida
and is in good standing under the laws of Florida, and is duly qualified and authorized
to carry on the functions and operations set forth in this Agreement.
b. The undersigned signatory for Service Provider has the power, authority, and the
legal right to enter into and perform the obligations set forth in this Agreement and all
applicable exhibits thereto, and the execution, delivery, and performance hereof by
Service Provider has been duly authorized by the board of directors and /or president
of Service Provider. In support of said representation, Service Provider agrees to
provide a copy to the City of a corporate certificate of good standing provided by the
State of Florida prior to the execution of this Agreement.
c. Service Provider is duly licensed under all local, state and federal laws to provide the
Services stated in paragraph 3.0 herein. In support of said representation, Service
Provider agrees to provide a copy of all said licenses to the City prior to the execution
of this Agreement.
13.0 WORK IS A PRIVATE UNDERTAKING
With regard to any and all Work performed hereunder, it is specifically understood and agreed to by
and between the parties hereto that the contractual relationship between the City and Service Provider is such
that the Service Provider is an independent 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
City Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if
required by the City, during the term of work entered into under this Agreement. Service Provider's Project
Manager and all other appropriate personnel shall attend such meetings as designated by the City Project
Manager.
15.0 SAFETY
Precautions shall be exercised at all times for the protection of all persons (including the City's
employees) and property. The safety provisions of all applicable laws, regulations, and codes shall be observed.
Hazards arising from the use of vehicles, machinery, and equipment shall be guided or eliminated in accordance
with the highest accepted standard of safety. Service Provider shall be solely and absolutely responsible and
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assume all liability for the safety and supervision of its principals, employees, contractors, and agents while
performing Services provided hereunder.
16.0 INSURANCE
Service Provider shall maintain in full force and effect during the life of the Agreement, Worker's
Compensation insurance covering all employees in performance of work under the Agreement. Service Provider
shall make this same requirement of any of its subcontractors. Service Provider shall indemnify and save the City
harmless for any damage resulting to them for failure of either Service Provider or any subcontractor to take out
or maintain such insurance.
The following are required types and minimum limits of insurance coverage which the Service Provider agrees to
maintain during the term of this Agreement:
COVERAGE MINIMUM LIMITS
General and Auto Liability $500,000 per person /incident
$1,000,000 incident
Professional Liability (if applicable) $1,000,000
Worker's Compensation Statutory
Neither Service Provider nor any subcontractor shall commence work under this Agreement until they have
obtained all insurance required under this section and have supplied the City with evidence of such coverage in
the form of a Certificate of Insurance and endorsement. The City shall approve such certificates. All insurers shall
be licensed to conduct business in the State of Florida. Insurers must have, at a minimum, a policyholders' rating
of "A ", and a financial class of "VII" as reported in the latest edition of Best's Insurance Reports, unless the City
grants specific approval for an exception. All policies provided should be Occurrence, not Claims Made, forms.
The contractor's insurance policies should be endorsed to add the City of Winter Springs as an Additional
Insured. The Service Provider shall be responsible for all deductibles. All of the policies of insurance so required
to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be
cancelled, materially changed or renewal refused until at least thirty (30) calendar days written notice have been
given to the City by certified mail.
17.0 COMPLIANCE WITH LAWS AND REGULATIONS
In the performance of work and services under this Agreement, Service Provider agrees to comply
with all Federal, State and Local laws and regulations now in effect, or hereinafter enacted during the term of this
Agreement that are applicable to Service Provider, its employees, agents or subcontractors, if any, with respect to
the work and services described herein.
18.0 DOCUMENTS
18.1 Public Records. It is hereby specifically agreed that any record, document, computerized
information and program, audio or video tape, photograph, or other writing of the Service Provider and its
independent 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.
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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
This Agreement may be terminated by the Service Provider upon thirty (30) days prior written notice to the
City in the event of substantial failure by the City to perform in accordance with the terms of this Agreement
through no fault of the Service Provider. It may also be terminated by the City with or without cause immediately
upon written notice to the Service Provider. Unless the Service Provider is in breach of this Agreement, the
Service Provider shall be paid for services rendered to the City's satisfaction through the date of termination.
After receipt of a Termination Notice and except as otherwise directed by the City, the Service Provider shall:
A. Stop work on the date and to the extent specified by the City.
B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work.
C. Transfer all work in process, completed work and other material related to the terminated work to the City
or approved designee.
D. Continue and complete all parts of the work that have not been terminated.
21.0 FORCE MAJEURE
Any delay or failure of either party in the performance of its required obligations hereunder shall be
excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes
(except involving Service Providers labor force); extraordinary breakdown of or damage to City's affiliates'
generating plants, their equipment, or facilities; court injunction or order; federal and /or state law or regulation;
order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided
that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be
diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for
sixty days, either party may terminate this Agreement.
22.0 GOVERNING LAW & VENUE
This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance
with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole County, Florida.
Venue for any federal action or litigation shall be in the Middle District of Florida in Orlando, Florida.
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.
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24.0 SEVERABILITY
24.1 In the event any portion or part thereof of this Agreement is deemed invalid, against public policy,
void, or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the City, shall
negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of
the remaining parts of this Agreement shall otherwise be fully enforceable.
25.0 INTEGRATION; MODIFICATION
25.1 The drafting, execution, and delivery of this Agreement by the Parties have been induced by no
representations, statements, warranties, or agreements other than those expressed herein. This Agreement
embodies the entire understanding of the parties, and there are no further or other agreements or understandings,
written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to
herein.
26.0 THIRD PARTY RIGHTS
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City
and Service Provider.
27.0 PROHIBITION AGAINST CONTINGENT FEES
Service Provider warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for the Service Provider, to solicit or secure this Agreement, and that it has not
paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee
working solely for the Service Provider, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement.
28.0 NO JOINT VENTURE
Nothing herein shall be deemed to create a joint venture or principal -agent relationship between
the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any
manner which would indicate any such relationship with the other party.
29.0 ATTORNEY'S FEES
If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an
alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the
successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs, and all
expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and
expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such
party or parties may be entitled.
30.0 COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which when so executed and
delivered shall be considered an original agreement; but such counterparts shall together constitute but one and
the same instrument.
31.0 DRAFTING
City and Service Provider each represent that they have both shared equally in drafting this Agreement
and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute
between the parties.
32.0 NOTICES
Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed,
postage prepaid to:
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For Service Provider: Lightscapes Outdoor Lighting Systems Inc
4840 N Palm Ave
Winter Park, FL 32792
Phone: (407)895 -9000
For City:
City of Winter Springs
Urban Beautification Manager
1126 East State Road 434
Winter Springs, FL 32708
Phone: (407) 327 -1800 x315
33.2 Either party may change the notice address by providing the other party written notice of the
change.
34.0 SOVEREIGN IMMUNITY
Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement
shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or
other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be
liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City
shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred
thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other
claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or
occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive
termination of this Agreement.
35.0 INDEMNIFICATION
35.1 For all Services performed pursuant to this Agreement, the Service Provider agrees to the fullest extent
permitted by law, to indemnify and hold harmless the City and its commissioners, employees, officers, and city
attorneys (individually and in their official capacity) from and against all claims, losses, damages, personal injuries
(including but not limited to death), or liability (including reasonable attorney's fees through any and all
administrative, trial and appellate proceedings), directly or indirectly arising from:
a. any default under this Agreement by Service Provider;
b. any negligent act, omission or operation of work related to all Services performed
under this Agreement by Service Provider, and its employees, principals, agents,
independent 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
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liability and all suits and actions of every name and description that may be brought against the City or its
commissioners, employees, officers, and City Attorney which may result from any negligent act, omission or
operation of work related to the Services under this Agreement whether the Services be performed by the Service
Provider, or anyone directly or indirectly employed by them. In all events the City and its commissioners,
employees, officers, and City Attorney shall be permitted to choose legal counsel of its sole choice, the fees for
which shall be reasonable and subject to and included with this indemnification provided herein.
36.0 ORDER OF PRECEDENCE
36.1 In case of any inconsistency in any of the documents bearing on the Agreement between the City
and the Service Provider, the inconsistency shall be resolved by giving precedence in the following order:
a. Addenda to this Agreement subsequent to the Effective date of this Agreement;
b. This Agreement;
c. Exhibits to this Agreement; and
d. The Bid documents.
36.2 Any inconsistency in the work description shall be clarified by the City and performed by the Service
Provider.
37.0 AGREEMENT INTERPRETATION
37.1 At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be
found in the Agreement or specifications, the City at its sole discretion will interpret the intent of the Agreement
and work descriptions and the Service Provider hereby agrees to abide by the City's interpretation and agrees to
carry out the work in accordance with the decision of the City.
37.2 When the material, article, or equipment is designated by a brand name and more than one brand
name is listed, it will be understood that the work is based on one brand name only. The Service Provider will be
responsible for all coordination necessary to accommodate the material, article, or equipment being provided
without additional cost to the City. A substitute material, article, or equipment is allowed if it is reasonably
equivalent to the brand name specified. The City has full discretion to decide whether a substitute is reasonably
equivalent. Service Provider must notify the City prior to use of the substitute for a specified brand name and
allow the City to make a determination before Service Provider uses the substitute.
38.0 NONDISCRIMINATION
The Service Provider warrants and represents that it complies with all Federal and State requirements
concerning fair employment and will not discriminate by reason of race, color, religion, sex, age, national origin, or
physical handicap.
39. ARREARS
The Service Provider shall not pledge the City's credit or make it guarantor of payment or surety for any
contract, debt, obligation, judgment, lien or any form of indebtedness. The Service Provider further warrants and
represents that it has no obligation for indebtedness that would impair its ability to fulfill the terms of this
Agreement.
40. WARRANTY
The Service Provider warrants that skilled and competent personnel to the highest professional standards
in the field shall perform all services.
41. INDEPENDENT CONTRACTOR
The Service Provider agrees that it is an independent contractor with respect to the services provided
pursuant to this Agreement, and not an employee, agent, or servant of the City. All persons engaged in any of
the work or services performed shall at all times, and in all places, be subject to the Service Provider's sole
discretion, supervision, and control. The Service Provider shall exercise control over the means and manner in
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which it and its employees perform the work; the City's interest is in the results obtained. Nothing in this
Agreement shall be considered to create the relationship of employer and employee between the parties.
42. NONWAIVER
No inspection by the City, nor any payment for or acceptance of the whole or part of the items in this
Agreement, nor any extension of time, nor any possession taken by the City of the product or services hereunder
shall operate as a waiver of (1) any provision of this Agreement, (2) the right to have it fully performed, (3) any
power herein reserved by the City or (4) any right to damages under this Agreement. No waiver of any breach of
this Agreement shall be held to be a waiver of any other breach.
43. EXCLUSIVITY
This is not an exclusive Agreement. The City may, at its sole discretion, contract with other entities for
work similar to that to be performed by the Service Provider hereunder.
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:
Steve Piermont
Name (Printed and Signed)
Owner
Title
April 12, 2012
Date
CITY:
CITY OF WINTER SPRINGS, F ORIDA
A Florida municipal corporat'•
KEVI . SMITH
City ana er
Date
ATTET.
AN i M.: ► :- UACES, City Clerk
rr
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SECTION 01010
SUMMARY OF WORK
1. GENERAL
1.1 Work Covered by Contract Documents
A. The work to be performed under this Contract consists of all related work for the Low Voltage
Lighting Maintenance Program. 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 Service Provider shall be obligated, subject to 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 Service Provider 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 Service
Provider. The Service Provider shall be liable to the City for any such cost in excess of the
amount deducted by the City.
C. The Service Provider 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 Service
Provider discovers, or should have discovered in the exercise of reasonable care, whether or not
such damage was caused by the Service Provider.
2. CONTRACT
2.1 General
A. This project shall be executed as 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 as applicable.
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).
END OF SECTION
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SECTION 01100
TECHNICAL SPECIFICATIONS
Low Voltage Lighting Maintenance Program
SPECIFIC TASKS
1.0 Inspections - Maintenance and Repairs
Monthly (minimum of 1x per month) inspection and maintenance of low voltage lighting systems at
entrance signs, sidewalks and fountains.
• Check each low voltage light for operation.
a. Adjust each light fixture and clean lenses as necessary.
b. Replacement of low voltage light bulbs as necessary (bulbs included in cost).
• Check each transformer for proper time and operation.
a. Set time and date as needed.
b. Check photo cell (if applicable) for proper operation.
• Check each power outlet for proper operation, reset GFI as necessary.
• Warranties on equipment shall be honored by contractor.
• Vandalism, theft, acts of nature and replacement/repair of wiring, fixtures and transformers shall be at an
additional cost of $ 52.00 per hour labor plus materials (materials provided at wholesale cost plus 15%
for overhead). Quotes must be provided before any additional work is authorized.
• All replacement parts shall be of commercial quality and of equal specification as the original equipment.
A manufacturer's warranty of at least 1 year shall apply to all transformers and light fixtures installed as
part of this agreement.
2.0 Service Locations
1. Tuscawilla Subdivision (TLBD) — ` Tuscawilla' Entrance Monuments
a. Entrance at Tuskawilla Road and Winter Springs Blvd. (Entire entrance frontage at north and south
fountains including flagpole and landscaping in center median. Also, there are 110v lights directly
behind fountains that is included in this program.)
b. Trotwood Entrance (Trotwood Blvd. and Tuskawilla Road Entrance — 2 Monuments)
c. Tuscora Entrance (Tuscora Drive and SR 434 Entrance — 2 Monuments)
d. Vistawilla Entrance (Vistawilla Drive near Eagles Watch / Vistawilla near Howell Creek Reserve — 2
Monuments)
e. Deer Run Entrance (Deer Run near Dyson Drive — 2 Monuments)
f. Dyson Entrance (Dyson Drive at bridge — 2 Monuments)
g. Howell Creek Entrance (Howell Creek Drive, two blocks North of Dyson Drive — 2 Monuments)
h. Shetland Entrance (Shetland Avenue and Citrus Drive — 2 Monuments)
i. Seneca Blvd. and Winter Springs Blvd. Entrance (4 Monuments at intersection including flagpole in
center median)
2. Oak Forest Subdivision (Oak Forest Entrance Monuments)
a. Oak Forest Drive Entrance (Oak Forest Drive and Tuskawilla Road — 2 Monuments)
b. Winter Springs Blvd. Entrance (W.S. Blvd. and Tuskawilla Road — 2 Monuments)
c. Forest Creek Entrance (Forest Creek and Tuskawilla Road — 2 Monuments)
d. Trotwood Entrance (Trotwood Blvd. and Tuskawilla Road — 2 Monuments)
3. Town Center — Tuskawilla Road
a. Front sidewalks of buildings 1-4 (Planters located storefront along Tuskawilla Road)
b. Market Square Fountain (in the fountain across from McDonald's at Tuskawilla Rd and SR 434)
c. Town Center Entrance at Market Square — Where it says 'Winter Springs Town Center' along SR 434
at Tuskawilla Road (across from McDonald's)
d. Veteran's Memorial Walls (Lights that service the podium and plaque areas)
14
*Note — Each service location shall be billed on a separate monthly invoice detailing the date, adjustments, additional
labor and repairs made during the monthly visit.
3.0 Additional Terms and Conditions
• All existing plantings and fixtures on -site shall remain undisturbed and protected during work related to
this project. Damage to existing hardscapes, plants, irrigation or wiring shall require repair or
replacement by the Service Provider within 48 hours.
• The project site shall be cleaned of any debris and equipment prior to the end of each service visit.
• It is the responsibility of the Service Provider to research the jobsite, project manual and all aspects of the
project prior to commencement of work related to the Low Voltage Lighting Maintenance Program.
15
o, M ,,fr- -1 4.) 00hA, /
Proposal
Date Estimate #
": "tie 4/12/2012 716
OUTDOOR LIGHTING SYSTEMS, INC.
4840 N. Palm Ave
Winter Park, FL 32792 (407)895 -9000
Name / Address E - mail
City of Winter Springs Lightscapespro @yahoo.com
1126 E SR 434
Winter Springs, FL 32708 Web Site
Attn: Steve Richart
www.IightscapesFL.com
Description Total
Service Agreement for Tuscawilla Entrances. 425.00
Service includes
Tuscawilla Main Entrance (fountains)
Vistawilla
Trotwood
Dyson Road
Sheltland/ Citrus Entrance
Deer Run
Howell Creek
Seneca
Tuscora
Service will include (All with in price)
A Monthly (1x per month) inspection (Service Call) of low voltage lighting systems at entrances.
This inspections will consist of
Checking each fixture for proper operation
Replacement of Bulbs as needed
Check Transformer for proper time and operation
Check each power outlet for proper operation
Reset GFI as needed
Cleaning lenses
Adjust Fixtures
Labor will be included in price
All replacement parts shall be of commercial quality and of the same or equal manufacture as the originals.
Any Warranties on equipment shall be honored by vendor.
Addi' al Costs ( Not inc .ed )
Vandal!
Stolen Pro. ct
Broken Prod
Acts of God
Any material re• , due to aging
Any material • age• electrical surge
Quote will b. • rovided b- e additional work is authorized.
Any Additio :I Labor for rea • above will be at $52.00 an hour
Proposal
, / Date Estimate #
114 4/12/2012 718
OUTDOOR LIGHTING SYSTEMS, INC.
4840 N. Palm Ave
Winter Park, FL 32792
(407)895-9000
Name / Address E
City of Winter Springs Lightscapespro @yahoo.com
1126 E SR 434
Winter Springs, FL 32708 Web Site
Attn: Steve Richart
www.IightscapesFL.com
Description Total
Service Agreement for Town Center at Winter Springs. 182.00
Service includes
Front sidewalks of Buildings 1 -4 (planters)
Market Square Fountain (in the front)
Entrance Wall Marques' at Market Square- Where it says "Winter Springs Town Center" along SR 434
Veteran's Memorial Area ( Lights that service the podium and plaque areas)
Service will include (All with in price)
A Monthly (1x per month) inspection (Service Call) of low voltage lighting systems at entrances.
This inspections will consist of
Checking each fixture for proper operation
Replacement of Bulbs as needed
Check Transformer for proper time and operation
Check each power outlet for proper operation
Reset GFI as needed
Cleaning lenses
Adjust Fixtures
All replacement parts shall be of commercial quality and of the same or equal manufacture as the originals.
Any Warranties on equipment shall be honored by vendor.
Labor will be included in price
Additio Costs (Not i luded)
Vandalism
Stolen Prod
Broken Produc
Acts of God
Any material repl e• • ue to aging
Any material da :ged -lectrical surge
Quote will be pr ided bef• additional work is authorized.
Any additional L. •or cost for re. •ns above will be at $52.00 an hour
Proposal
Date Estimate #
s r r ipt1 4/12/2012 717
OUTDOOR LIGHTING SYSTEMS, INC.
4840 N. Palm Ave
Winter Park, FL 32792 (407)895 -9000
Name / Address E
City of Winter Springs Lightscapespro@yahoo.com
1126 E SR 434
Winter Springs, FL 32708 Web Site
Attn: Steve Richart
www.lightscapesFL.com
Description Total
Service Agreement for Oakforest Entrances 120.00
This includes
Forest Creek
Oakforest - Trotwood Entrance
Oakforest- Oakforest Dr
Oakforest- Winter Springs Blvd
Service will include (AU with in price)
A Monthly (1x per month) inspection (Service Call) of low voltage lighting systems at entrances.
This inspections will consist of
Checking each fixture for proper operation
Replacement of Bulbs as needed
Check Transformer for proper time and operation
Check each power outlet for proper operation
Reset GFI as needed
Cleaning lenses
Adjust Fixtures
All replacement parts shall be of commercial quality and of the same or equal manufacture as the originals.
Any Warranties on equipment shall be honored by vendor.
Labor will be included in price
Ad. 'onal Costs (N• included)
Vand. • m
Stolen • duct
Broken Pr • ct
Acts of God
Any material • . -d due to aging
Any material amag _ by electrical surge
Quote will b provide. • efore additional work is authorized.
Any additio .I Labor fo easons above will be $52.00 an Hour
•