HomeMy WebLinkAboutDawnlee Corporation - City Storm Water Ponds and Easements - Addendum for Solary Canal - 2013AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES
THIS AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES ( "Agreement ") is made and entered
into by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ( "City "), located at 1126 East
State Road 434, Winter Springs, Florida 32708, and Dawnalee Corporation, authorized to conduct business in Florida
( "Service Provider "), located at: 216 Stoner Road, Winter Springs, FL 32708
WITNESSETH:
WHEREAS, City wishes to obtain landscape maintenance services for the City Storm Water Ponds and
Easements including Additional Sites and Solary Canal for a limited time period; and
WHEREAS, Service Provider participated in the selection and negotiation process; and
WHEREAS, Service Provider is willing to provide such landscape maintenance services for the City Storm Water
Ponds and Easements including Additional Sites and Solary Canal, for the City under the terms and conditions stated
herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties covenant and agree as follows:
1.0 GENERAL PROVISIONS
1.1 Recitals. The foregoing recitals are deemed to be true and accurate and are fully incorporated herein by
reference.
1.2 Engagement. The City hereby engages Service Provider and Service Provider agrees to perform the
Services outlined in this Agreement for the stated fee arrangement. No prior or present agreements or representations shall
be binding upon any of the parties hereto unless incorporated in this Agreement.
1.3 Due Diligence. Service Provider acknowledges that it has investigated prior to the execution of this
Agreement and satisfied itself as to the conditions affecting the Services, the availability of materials and labor, the cost
thereof, the requirements to obtain necessary insurance as set forth herein, and the steps necessary to complete the Services
within the time set forth herein. Service Provider warrants unto the City that it has the competence and abilities to carefully
and faithfully complete the Services within the time set forth herein. Service Provider will perform its Services with due and
reasonable diligence consistent with sound professional practices.
2.0 TERM AND DEFINITIONS.
2.1 The term of this Agreement shall be for twelve (12) months, commencing on April 15, 2014, and terminating at
midnight on April 14, 2015, unless either party chooses to exercise its rights under Section 20, "Termination ". The parties
shall have the option to extend the term of this Agreement for five (5) one -year periods. Any such extension shall be by
mutual written agreement of all parties and shall be executed no less than ninety (90) days prior to the expiration of this
Agreement's current term.
The City Manager or the City Manager's designee (hereinafter "City Manager ") shall review the performance of the
Service Provider annually at least ninety (90) days prior to the Agreement's anniversary date. The City manager shall
recommend a one (1) year extension or termination. Should the Service Provider and City agree to extend the Agreement,
the Service Provider may be entitled to an increase in rates in an amount not to exceed one half (1/2) the change in the
Consumer Price Index (CPI), not to exceed two percent (2 %) of the base contract cost, for the most recently available twelve
(12) month period for All Urban Consumers (CPI -U) for All Items, U.S. City average, published by the Bureau of Labor
Statistics of the U.S. Department of Labor for 1982 -84, or the successor index to same. Said increase shall become effective
beginning with the invoice for work performed after the start of the new Agreement period, if such an increase is granted in
writing by the City.
2.2 Definitions. The following words and phrases used in this Agreement shall have the following meaning
ascribed to them unless the context clearly indicates otherwise:
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 Dawnalee Corporation, 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 "Scope of Work," attached hereto as Exhibit `A' and fully incorporated herein by this reference, including but
not limited to the furnishing of all labor, equipment, tools, materials, and incidentals.
4.0 AMENDMENTS AND MODIFICATIONS
Any cardinal change in the tenns and conditions set forth in this Agreement must be mutually agreed to by
both the City and the Service Provider, and may be implemented only after this Agreement has been amended in writing.
The City reserves the right to make changes in the work, including alterations, reductions therein, or additions
thereto. Upon receipt by the Service Provider of the City's notification of a contemplated change, the Service Provider shall
(1) if requested by the City, provide an estimate for the increase or decrease in cost due to the contemplated change, (2)
notify the City of any estimated change in the completion date, and (3) advise the City in writing if the contemplated change
shall affect the Service Provider's ability to meet the completion dates or schedules of this Agreement.
If the City so instructs, in writing, the Service Provider shall suspend work on that portion of the work affected by a
contemplated change, pending the City's decision to proceed with the change. If the City elects to make the change, the City
shall issue an Amendment to this Agreement or Change Order and the Service Provider shall not commence work on any
such change until such written amendment or change order has been issued and signed by each of the parties.
5.0 SCHEDULE
Service Provider shall perform services in conformance with the schedule reasonably established by the
City Project Manager. Service Provider shall complete all of said services in a timely manner and will keep City apprised of
the status of work on at least a monthly basis or as otherwise reasonably requested by the City. Should Service Provider fall
behind on the established schedule, it shall employ such resources so as to comply with the schedule.
No extension for completion of services shall be granted to Service Provider without City's prior written
consent.
6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF SERVICE PROVIDER
6.1 Compensation. For the Services provided pursuant to the Agreement, the City agrees to pay Service
Provider a sum not to exceed Twenty Two Thousand and Eight Hundred Dollars ($22,800.00) as detailed in Exhibit `B'
(Bid Calculation Sheets). 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 -In- Negotiation Certificate. Signature of this Agreement by the Service Provider shall act as the
execution of a truth -in- negotiation certificate certifying that the wage and rates and costs used to detennine the compensation
provided for in this Agreement are accurate, complete, and current as of the date of the Agreement.
7.0 RIGHT TO INSPECTION
7.1 City or its affiliates shall at all times have the right to review or observe the services performed by Service
Provider.
7.2 No inspection, review, or observation shall relieve Service Provider of its responsibility under this
Agreement.
8.0 AUDIT AND INSPECTIONS
The Service Provider shall maintain records on the City's projects, in accordance with generally accepted
accounting principals and practices to substantiate all invoiced amounts. Said records will be available to the City during the
Service Provider's normal business hours for a period of two (2) years after the Service Provider's final invoice for
examination to the extent required to verify the direct costs (excluding established or standard allowances and taxes) incurred
herein. Should such an audit by the City reveal monies owed to the City, the Service Provider shall reimburse the City for
the cost of the audit and pay the principal overcharge amount owed the City plus interest accrued at the prime interest rate in
effect on the date of discovery. Said interest rate shall apply to the principal overcharge amount revealed in the audit for the
period from the original payment due date(s) to the payment by the Service Provider of all monies owed.
9.0 PROFESSIONALISM AND STANDARD OF CARE
Service Provider shall do, perform and carry out in a professional manner all Services required to be
performed by this Agreement. Service Provider shall also use the degree of care and skill in performing the Services that are
ordinarily exercised under similar circumstances by reputable members of Service Provider's profession working in the same
or similar locality as Service Provider.
10.0 SUBMITTAL OF PROGRESS REPORTS
Service Provider shall submit a monthly written progress report as to the status of all Work set forth in this
Agreement. The report shall in a sufficient manner demonstrate that any funds expended were used to provide the agreed -
upon Services. If the detail is not sufficient in the City Project Manager's reasonable discretion to permit the City to
determine the Work performed or the manner in which it is being performed, the City may seek more detail from the Service
Provider, Service Provider agrees to provide that information within a reasonable time period.
11.0 WARRANTY OF PROFESSIONAL SERVICES
The Service Provider (for itself and any of its employees, Service Providers, partners, and agents used to
perform the Services) hereby warrants unto the City that all of its employees (and those of any of its Service Providers,
partners, and agents used to perform the Services) have sufficient experience to properly complete the Services specified
herein or as may be performed pursuant to this Agreement. In pursuit of any Work, the Service Provider shall supervise and
direct the Work, using its best skill and attention and shall enforce strict discipline and good order among its employees. The
Service Provider shall comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing
on the performance of the Work.
12.0 CORPORATE REPRESENTATIONS BY SERVICE PROVIDER
Service Provider hereby represents and warrants to the City the following:
a. Service Provider is duly registered and licensed to do business in the State of Florida and is in
good standing under the laws of Florida, and is duly qualified and authorized to carry on the
functions and operations set forth in this Agreement.
b. The undersigned signatory for Service Provider has the power, authority, and the legal right to
enter into and perform the obligations set forth in this Agreement and all applicable exhibits
thereto, and the execution, delivery, and performance hereof by Service Provider has been
duly authorized by the board of directors and /or president of Service Provider. In support of
said representation, Service Provider agrees to provide a copy to the City of a corporate
certificate of good standing provided by the State of Florida prior to the execution of this
Agreement.
c. Service Provider is duly licensed under all local, state and federal laws to provide the Services
stated in paragraph 3.0 herein. In support of said representation, Service Provider agrees to
provide a copy of all said licenses to the City prior to the execution of this Agreement.
13.0 WORK IS A PRIVATE UNDERTAKING
With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and
between the parties hereto that the contractual relationship between the City and Service Provider is such that the Service
Provider is an independent Service Provider and not an agent of the City. The Service Provider, its Service Providers,
partners, agents, and their employees are independent Service Providers and not employees of the City. Nothing in this
Agreement shall be interpreted to establish any relationship other than that of an independent Service Provider, between the
City, on one hand, and the Service Provider, its Service Providers, partners, employees, or agents, during or after the
performance of the Work under this Agreement.
14.0 PROGRESS MEETING
City Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required
by the City, during the term of work entered into under this Agreement. Service Provider's Project Manager and all other
appropriate personnel shall attend such meetings as designated by the City Project Manager.
15.0 SAFETY
Precautions shall be exercised at all times for the protection of all persons (including the City's employees) and
property. The safety provisions of all applicable laws, regulations, and codes shall be observed. Hazards arising from the use
of vehicles, machinery, and equipment shall be guided or eliminated in accordance with the highest accepted standard of
safety. Service Provider shall be solely and absolutely responsible and assume all liability for the safety and supervision of
its principals, employees, Service Providers, and agents while performing Services provided hereunder.
1.6.0 INSURANCE
Service Provider shall maintain in full force and effect during the life of the Agreement, Worker's Compensation
insurance covering all employees in performance of work under the Agreement. Service Provider shall make this same
requirement of any of its subService Providers. Service Provider shall indemnify and save the City harmless for any damage
resulting to them for failure of either Service Provider or any subService Provider to take out or maintain such insurance.
The following are required types and minimum limits of insurance coverage which the Service Provider agrees to maintain
during the term of this Agreement:
COVERAGE
MINIMUM LIMITS
General and Auto Liability $500,000 per person /incident
$1,000,000 incident
Professional Liability (if applicable) $1,000,000
Worker's Compensation Statutory
Neither Service Provider nor any subService Provider shall commence work under this Agreement until they have obtained
all insurance required under this section and have supplied the City with evidence of such coverage in the form of a
Certificate of Insurance and endorsement. The City shall approve such certificates. All insurers shall be licensed to conduct
business in the State of Florida. Insurers must have, at a minimum, a policyholders' rating of "A ", and a financial class of
"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 Service Provider's insurance policies should be
endorsed to add the City of Winter Springs as an Additional Insured. The Service Provider shall be responsible for all
deductibles. All of the policies of insurance so required to be purchased and maintained shall contain a provision or
endorsement that the coverage afforded shall not be cancelled, materially changed or renewal refused until at least thirty (30)
calendar days written notice have been given to the City by certified mail.
17.0 COMPLIANCE WITH LAWS AND REGULATIONS
In the performance of work and services under this Agreement, Service Provider agrees to comply with all
Federal, State and Local laws and regulations now in effect, or hereinafter enacted during the teen of this Agreement that are
applicable to Service Provider, its employees, agents or subService Providers, if any, with respect to the work and services
described herein.
18.0 DOCUMENTS
18.1 Public Records. It is hereby specifically agreed that any record, document, computerized information and
program, audio or video tape, photograph, or other writing of the Service Provider and its independent Service Providers and
associates related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession
or control of the City or the Service Provider. Said record, document, computerized information and program, audio or video
tape, photograph, or other writing of the Service Provider is subject to the provisions of Chapter 119, Florida Statutes, and
may not be destroyed without the specific written approval of the City's City Manager. Upon request by the City, the Service
Provider shall promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents, and
other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the
Service Provider be open and freely exhibited to the City for the purpose of examination and /or audit.
18.2 The Service Provider acknowledges that the City is a Florida municipal corporation and subject to the
Florida Public Records Law. Service Provider agrees that to the extent any document produced by Service Provider under
this Agreement constitutes a Public Record; Service Provider shall comply with the Florida Public Records Law.
19.0 ASSIGNMENT
19.1 Service Provider shall not assign or subcontract this Agreement, or any rights or any monies due or to
become due hereunder without the prior, written consent of City.
19.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by Service
Provider, Service Provider shall be fully responsible to City for all acts and /or omissions performed by the subService
Provider as if no subcontract had been made.
19.3 If City determines that any subService Provider is not performing in accordance with this Agreement, City
shall so notify Service Provider who shall take immediate steps to remedy the situation.
19.4 If any part of this Agreement is subcontracted by Service Provider, prior to the commencement of any
Work by the subService Provider, Service Provider shall require the subService Provider to provide City and its affiliates
with insurance coverage as set forth by the City.
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 parry in the performance of its required obligations hereunder shall be excused if
and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving
Service Providers labor force); extraordinary breakdown of or damage to City's affiliates' generating plants, their equipment,
or facilities; court injunction or order; federal and /or state law or regulation; order by any regulatory agency; or cause or
causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party
to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any
circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement.
21.0 GOVERNING LAW & VENUE
This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the
laws of the State of Florida. Venue for any state action or litigation shall be Seminole County, Florida. Venue for any federal
action or litigation shall be in the Middle District of Florida in Orlando, Florida.
22.0 HEADINGS
23.1 Paragraph headings are for the convenience of the parties only and are not to be construed as part of this
Agreement.
23.0 SEVERABILITY
24.1 In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void, or
otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the City, shall negotiate an
equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of
this Agreement shall otherwise be fully enforceable.
24.0 INTEGRATION; MODIFICATION
25.1 The drafting, execution, and delivery of this Agreement by the Parties have been induced by no
representations, statements, warranties, or agreements other than those expressed herein. This Agreement
embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or
oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein.
25.0 THIRD PARTY RIGHTS
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and
Service Provider.
26.0 PROHIBITION AGAINST CONTINGENT FEES
Service Provider warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for the Service Provider, to solicit or secure this Agreement, and that it has not paid or agreed to
pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Service
Provider, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement.
28.0 NO JOINT VENTURE
Nothing herein shall be deemed to create a joint venture or principal -agent relationship between
the parties, and neither party is authorized to, nor shall either 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:
For Service Provider:
Dawnalee Corporation
216 Stoner Road
Winter Springs, FL 32708
Phone: (407) 696 -7343
For Ci :
City of Winter Springs
Urban Beautification Manager
1126 East State Road 434
Winter Springs, FL 32708
Phone: (407) 327 -1800 x315
33.2 Either party may change the notice address by providing the other party written notice of the change.
34.0 SOVEREIGN IMMUNITY
Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be
construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations
imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement
for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or
judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or
judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and
subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00).
This paragraph shall survive termination of this Agreement.
35.0 INDEMNIFICATION
35.1 For all Services performed pursuant to this Agreement, the Service Provider agrees to the fullest extent
permitted by law, to indemnify and hold harmless the City and its commissioners, employees, officers, and city attorneys
(individually and in their official capacity) from and against all claims, losses, damages, personal injuries (including but not
limited to death), or liability (including reasonable attorney's fees through any and all administrative, trial and appellate
proceedings), directly or indirectly arising from:
a. any default under this Agreement by Service Provider;
b. any negligent act, omission or operation of work related to all Services performed under
this Agreement by Service Provider, and its employees, principals, agents, independent
Service Providers, and consultants.
c. the acts, errors, omissions, intentional or otherwise, arising out of or resulting from
Service Provider's and its employees, partners, Service Providers, and agents on the
performance of the Services being performed under this Agreement;
d. Service Provider's, and its employees, partners, Service Providers, and agents failure to
comply with the provisions of any federal, state, or local laws, ordinance, or regulations
applicable to Service Provider's and its employees, partners, Service Providers, and
agents performance under this Agreement;
e. any fraud and misrepresentation conducted by Service Provider and its employees,
partners, Service Providers, and agents on the City under this Agreement.
35.2 The indemnification provided above shall obligate the Service Provider to defend at its own expense or to
provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and
actions of every name and description that may be brought against the City or its commissioners, employees, officers, and
City Attorney which may result from any negligent act, omission or operation of work related to the Services under this
Agreement whether the Services be performed by the Service Provider, or anyone directly or indirectly employed by them.
In all events the City and its commissioners, employees, officers, and City Attorney shall be permitted to choose legal
counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification
provided herein.
36.0 ORDER OF PRECEDENCE
36.1 In case of any inconsistency in any of the documents bearing on the Agreement between the City and the
Service Provider, the inconsistency shall be resolved by giving precedence in the following order:
a. Addenda to this Agreement subsequent to the Effective date of this Agreement;
b. This Agreement;
C. Exhibits to this Agreement; and
d. The Bid documents.
36.2 Any inconsistency in the work description shall be clarified by the City and performed by the Service
Provider.
37.0 AGREEMENT INTERPRETATION
37.1 At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in
the Agreement or specifications, the City at its sole discretion will interpret the intent of the Agreement and work
descriptions and the Service Provider hereby agrees to abide by the City's interpretation and agrees to carry out the work in
accordance with the decision of the City.
37.2 When the material, article, or equipment is designated by a brand name and more than one brand name is
listed, it will be understood that the work is based on one brand name only. The Service Provider will be
responsible for all coordination necessary to accommodate the material, article, or equipment being provided without
additional cost to the City. A substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand
name specified. The City has full discretion to decide whether a substitute is reasonably equivalent. Service Provider must
notify the City prior to use of the substitute for a specified brand name and allow the City to make a determination before
Service Provider uses the substitute.
38.0 NONDISCRIMINATION
The Service Provider warrants and represents that it complies with all Federal and State requirements concerning
fair employment and will not discriminate by reason of race, color, religion, sex, age, national origin, or physical handicap.
39. ARREARS
The Service Provider shall not pledge the City's credit or make it guarantor of payment or surety for any contract,
debt, obligation, judgment, lien or any form of indebtedness. The Service Provider further warrants and represents that it has
no obligation for indebtedness that would impair its ability to fulfill the terms of this Agreement.
40. WARRANTY
The Service Provider warrants that skilled and competent personnel to the highest professional standards in the field
shall perform all services.
41. INDEPENDENT SERVICE PROVIDER
The Service Provider agrees that it is an independent Service Provider with respect to the services provided pursuant
to this Agreement, and not an employee, agent, or servant of the City. All persons engaged in any of the work or services
performed shall at all times, and in all places, be subject to the Service Provider's sole discretion, supervision, and control.
The Service Provider shall exercise control over the means and manner in which it and its employees perform the work; the
City's interest is in the results obtained. Nothing in this Agreement shall be considered to create the relationship of employer
and employee between the parties.
42. NONWAIVER
No inspection by the City, nor any payment for or acceptance of the whole or part of the items in this Agreement,
nor any extension of time, nor any possession taken by the City of the product or services hereunder shall operate as a waiver
of (1) any provision of this Agreement, (2) the right to have it fully performed, (3) any power herein reserved by the City or
(4) any right to damages under this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of
any other breach.
43. EXCLUSIVITY
This is not an exclusive Agreement. The City may, at its sole discretion, contract with other entities for work similar
to that to be performed by the Service Provider hereunder.
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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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CITY:
CITY OF WINTER SP S, FLORIDA
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10
Exhibit `A'- SCOPE OF WORK
LOCATIONS /SECTION
1. Corey Lane Pond - End of Corey Lane off of Moss Road
Pond, lift station and immediate surrounding area to water's edge as shown on Section 1 Map.
2. Rhoden Lane Pond - End of Rhoden Lane off of Moss Road
Fenced in area to water's edge around pond as shown in Section 2 Map.
3. Oak Forest Lake Easement - N/W Side of Tuskawilla Road along wall
Enter through gate at wall, service directly around boat ramp to lake as per Section 3 Map.
4. North Tuskawilla Road - North Tuskawilla Road at Orange Avenue
Gravel roadway easement from Tuskawilla Road to Storm Water Outfall adjacent to Lake Jesup as
shown on Section 4 Map.
5. Mockingbird Lane Easement - Mockingbird Lane behind houses.
Enter at easement next to 218 Mockingbird Lane, rear of homes down to 242 Oak Road. Small section
splits off between 229/231 Holiday Lane. See Section 5 Map.
6. White Dove Ponds - Northern Way between Woodchuck & White Dove
Enter access road off of Northern Way behind homes. Maintain directly around two ponds to water's edge
as shown on Section 11 Map. Do not maintain access road.
7. Murphy Pond - Behind 608 Murphy Road
Enter next to 608 Murphy Road. Maintain around pond to water's edge as shown on Section 13 Map.
8. Murphy Lake - Murphy Road across from Elderwood Street
Enter access path to Murphy Lake directly across from Elderwood Street. Maintain around most of
Lake to woods /property lines to water's edge as shown on Section 19 Map. Service area ends behind 301
Panama Circle.
9. Edgemon/Murphy ROW - Intersection of Murphy Rd. and S. Edgemon Ave.
Maintain ROW easement along S. Edgemon and on Murphy Road as shown on Section 17 Map.
10. Edgemon Avenue Easement - Behind homes along Edgemon Avenue
Maintain easement behind homes on Edgemon Avenue between Jackson Circle and Murphy Road as
shown on Section 18 Map. Access entrance between 775/777 Edgemon Avenue.
11. Highlands Pond - Behind Highlands Clubhouse as Shepard Rd.
Pond & Drainage easement and immediate surrounding area to water's edge as shown on West Map #11,
12. Sheoah Circle Easement - Across from 898 Stirling Drive.
Easement from road into woods, to water's edge as shown on West Map #12.
13. Shepard Road Easement - East of Sprint Complex (3350 SR 419)
Adjacent to pond /fence from Shepard Rd to SR 419 as per West Map #13.
14. Lombardy Canal - Between homes S. Devon & S. Fairfax.
Easement behind homes, maintain to water's edge as shown on West Map #14. Starts at 101 Lombardy.
15. S. Edgemon Canal - Behind homes Burgos Road @ 208 Flamingo.
Line trim edges of canal, spray fence, maintain south side of canal as per West Map #15.
16. Bahama Berm and ROW - Behind homes 709 -727 Edgemon Ave.
Enter access gate off of Bahama Road. Maintain as per West Map 416
17. Gator Pond - Behind homes 424 -430 S. Hawthorn Cir.
Access at power easement off of Murphy Rd. Maintain around pond to water's edge as shown on
West Map #17.
18. N. Edgemon Canal - Behind homes 110 -180 N. 3rd Street.
Access off of Torcaso Park or N. Edgemon Avenue. Maintain easement, line trim sides of canal, as per
West Map #18.
19. Oviedo Line - WS Blvd. WS Blvd opposite of Seneca Blvd.
Maintain area as shown on East Map #19.
20. Boat Pond - Behind home 1784 -1786 Seneca Blvd.
Maintain around two ponds to water's edge as shown on East Map #20.
11
21. Lamoka Easement - Behind homes 1760 -1774 Seneca Blvd.
Access at 1760 Seneca Blvd. Maintain easement as shown on East Map #21.
22. Donna's Pond - Behind homes 1722 -1732 Seneca Blvd.
Maintain drainage easement as shown on East Map 422. Access at 1730 Seneca Blvd.
23. Solary Canal Ponds and Fields - Located off of Deleon Street and Howard Avenue
Mow fenced in area - all fields to water's edge, around ponds. Chemical vegetation control along fences,
trees, structures, outfalls, as needed. (19) Complete services at $350 each, additional services added or
deducted at $350 each, at the City's option.
SCHEDULE OF LANDSCAPE MAINTENANCE SERVICE
MAINTENANCE CODE FREQUENCY
1. MOW
1B,3B,8B
A. WEEKLY
2. TRIM HEDGES
1B,3B,8B
B. BI- WEEKLY
3. WEEDEATER
9. FERTILIZATION
C. MONTHLY
4. MULCH -3" DEEP
10. PLANT REPLACEMENT
D. SEMI - ANNUAL
5. EDGING
11. INSECT CONTROL
E. AS NEEDED
6. WEEDING
12. HERBICIDE
F. ANNUALLY
7. PRUNING
13. OVERSEED RYE
G.3x PER YEAR
8. TRASH PICK -UP
14. IRRIGATION INSPECTION / REPAIR
H. BI- MONTHLY
LOCATIONS
CITY STORMWATER PONDS AND EASEMENTS
1. COREY LANE POND
2. RHODEN LANE POND
3. OAK FOREST LAKE EASEMENT
4. NORTH TUSKAWILLA ROAD
5. MOCKINGBIRD LANE EASEMENT
6. WHITE DOVE PONDS
7. MURPHY ROAD POND
8. MURPHY LAKE
9. EDGEMON AND MURPHY ROW EASEMENT
10. EDGEMON AVENUE EASEMENT
MONTH (GROWING) MONTH (DORMANT)
04/1 THRU 10/30 11/1 THRU 3/30
1 B,3B,5B,8B
113,313,813
113,313,811
1 B,3B,8B
1B,3B,8B
1 B,3B,8B
113,313,813
1B,3B,8B
1 B,3B,5B,8B
1 B,3B,8B
CITY STORMWATER PONDS AND EASEMENTS ADDITIONAL SITES
$8,360 ANNUALLY
I C,3C,5C,8C
1C,3C,8C
IC,3C,8C
IC,3C,8C
IC,3C,8C
1C,3C,8C
IC,3C,8C
IC,3C,8C
IC,3C,5C,8C
1C,3C,8C
$7,790 ANNUALLY
11. HIGHLANDS POND
1B,3B,8B
IC,3C,8C
12. SHEOAH CIRCLE EASEMENT
1B,3B,8B
1C,3C,8C
13. SHEPARD ROAD EASEMENT
111,313,813
IC,3C,8C
14. LOMBARDY CANAL
113,311,813
1C,3C,8C
15. S. EDGEMON CANAL
1B,3B,8B
1C,3C,8C
16. BAHAMA BERM/ROW
113,313,811
1C,3C,8C
17. GATOR POND
IB,3B,8B
1C,3C,8C
18. N. EDGEMON CANAL
111,313,811
1C,3C,8C
19.OVIEDO LINE AT WS BLVD.
1B,3B,5B,8B
1C,3C,5C,8C
20. BOAT POND
113,313,811
1C,3C,8C
21. LAMOKA EASEMENT
113,313,811
1C,3C,8C
22. DONNA'S POND
I13,313,813
1C,3C,8C
SOLARY CANAL PONDS AND FIELDS
$6,650 ANNUALLY
23. SOLARY CANAL PONDS AND FIELDS
IB,3E,12E
IC,3E,12E
12
SPECIFIC TASKS
1.0 TURF MOWING
Unless specified above, mowing of all grassed areas shall be once every FOURTEEN (14) days in the
heavy growing season and shall be MONTHLY, or as instructed by the City's Representative, during the dormant
growing season. Growing seasons are dictated by the weather and therefore may change per the City's
Representative, but otherwise shall be:
Growing Season - APRIL 1 through OCTOBER 30.
Dormant Growing Season — NOVEMBER 1 through MARCH 30.
City reserves the right to modify the service schedule, add to or reduce, at any time with seven (7) days
written notice via email.
SPECIFIC TURF MOWING
• Bahiagrass
Bahia grassed areas will be mowed by finish mower or bush hog and shall not be scalped.
At no time shall more than one -third (1/3) of the leaf surface be removed in one mowing in any turf area
unless specifically authorized in writing by the City of Winter Springs.
Prior to mowing and trimming any turf and bed areas; paper, bottles, cans and all other debris must be
removed from areas immediately bordering site (ex: sidewalks and curblines) and actual site locations. Areas are
to look clean and neat and free of debris at all times.
Turf care activities shall be scheduled during the normal work week (M -F 7:30am to 5:00pm) as a general
rule and to allow for the proper access to all areas. Should field conditions occur that require a modification to the
normal service schedule, Service Provide must give the City's Project Manager 24 hours notice and receive
approval prior to a service schedule modification.
2.0 EDGING
Edging of all walks, curbs, edging of pavements, and grass invasion shall be done during each service
visit. All grass and dirt to be blown off onto grass areas only.
3.0 WEEDEATING / LINE TRIMMING
Areas inaccessible to mowing equipment shall be kept neat and trimmed as needed. Trimming of grass
and weeds around any fixed objects (walls, light posts, light fixtures, equipment boxes, pond structures, sign
posts and trees) will be done through chemical control within a limit of six inches (6 ") maximum or trimmer so as
not to inflict damage of any kind to structure, equipment or tree.
13
SECTION 00300
BID FORM
GENERAL
1.1 Description
The following Bid is hereby made to the City of Winter Springs, hereafter called the OWNER. Bid is
submitted by: F, 32708 (Corporation)
Da mal_ee Ca ration 216 Stoner Rd. Winter Spx inc3s,
(insert legal name, address, and whether sole proprietorship, partnership or corporation.)
Dawria.l.ee Corporation
12 The Undersigned:
A. Acknowledges receipt of:
1. Project Manual for the Storm Water Ponds and Easements dated March 2011.
2. Drawings
3. General NoteslDetails
4. Addenda:
Number N/A dated
B. Has examined the site and all Bidding Documents and understands that in submitting his Bid, he waives
all right to plead any misunderstanding regarding the same.
C. Agrees:
1. To hold this Bid open for 90 calendar days after the bid opening date.
2. To enter into and execute a contract with the OWNER, if awarded on the basis of this Bid.
3. To accomplish the work in accordance with the contract documents_
1.3 Stipulated Amount' O
A. Total Base Bid
I will provide the services under this pro ect for the Base Bid Amount of
ar(A —1.3 5"' }C
93
Nine thous three hundred & ten Dollars ($ .00 r I }.
The Base Bid amount reflects pricing for the following Services (place check mark):
X Mowing Services
The Bidder hereby agrees to perform all work as required by the Contract Documents for the
following Unit Prices. All work required to be performed by the Contract Documents is to be
included'within the following Pay Items, inclusive of furnishing all manpower, equipment,
materials and performance of all operations relative to the project. Work for which there is not a
pay item will be considered incidental to the Contract and no additional compensation will be
allowed. The Owner, at his sole option and discretion, may choose to add or deduct from the
contract work at the unit prices set forth below. Service Provider shall be paid for actual
quantities completed in accordance with the Contract Documents. The following is the order of
precedence which will be used in case of conflicts within the Bid Schedule provided by each
Bidder: Unit Cost, Total Cost, Total Base Bid (See attached Bid Form).
c
1.4 Major Equipment (Not Used)
1.5 Bid Schedule
A. I have attached evidence of qualification and licensing to do business in the State and locality of this
project.
B. I have attached all requested support documentation.
1.6 Submittal
RESPECTFULLY SUBMITTED, this 29� day of Forch , 2011
Service Provider
By (signature)
Dawnalee Corporation
Easiness Address City Wi ni-_pr g =ngcState -Florida- 2rp 32ZD8
Title President
BID CALCULATION SHEET - PART _J.
Mowing Services
Growing Season Dorman Season
(A)
1. Corey Lane Pond
$ 80. x 7 = $_ 560.
2, Rhoden Lane Pond
$ '120. x 7 =
3, Oak Forest Lake" Easement
$ B Q - x 7 = $ SFCt -
4. North Tuskawilla Road
$ 80 x 7 = $ 560.
W 7 = $ 429
5. Mockingbird Easement
$ . x -
6. White Dove Ponds
$130. x 7 = $ 910.
$M_7x 7 = $ g 0
7_ Murphy Pond
8, Murphy Lake
$100. x 7 = $ 700.
- 9. Seville Chase Easement
$ 40. -__ x 7 = $ 22880.-
$ 30. x 7 = $:
10. Williams Road Easement
11. Edgemon & Murphy ROW
$. -x 7 = $ 280.
12. Edgemon &Murphy )rase.
$�0. x 7 = $ 420.
13. Fisher Rd ROW Easement
$ 30. x 7=s 210
ADD TOTAL COST (A +B): $ 9310.00 GRAND TOTAL PER YEAR.
- -Enter this amount on the BID FORM - Sec. 00300 (1.3A) --
The City has the right to add or delete service area section at anytime during the agreement period. Please be
sure to price each section accordingly,
** *End of Section * **
I�
1 Y1
�t11z�.Cfe��„ •�`
f
(B)
$-j0.
x5 -$ 200.
$__6O.
x5 =$ 300.
$ AD_ x5 =$ 206
$_A0.
x 5 = $ 200.
$__30- x 5 = $ -J-U -.
$ 65,
x 5 = $ 325.
$ 55.
x 5 = $ 325.
$ 50.
x5=$ 250.
$_20.
x5 =$ 100.
$ 15.
x5=$ 75.
$ 20.
x5 =$ 100.
$ 30..
x5 =$ 150.
$_15.
x5 =$ 75.
ADD TOTAL COST (A +B): $ 9310.00 GRAND TOTAL PER YEAR.
- -Enter this amount on the BID FORM - Sec. 00300 (1.3A) --
The City has the right to add or delete service area section at anytime during the agreement period. Please be
sure to price each section accordingly,
** *End of Section * **
I�
1 Y1
�t11z�.Cfe��„ •�`
f
BID CALCULATION SHEET — PART 2
UNIT COSTS
The Bidder agrees with all conditions herein stated, proposes to contract, to the Base Bid sums, with the Owner
the following Unit Costs resulting in additions to or deductions from the Base Bid as follows:
UNIT PRICE #1
Mulch Provided & Installed (Pine)
UNIT PRICE #2 (Provide and install)
Labor to install 1 Gallon Plant
Labor to install 3 Gallon Plant
Labor to Install 7 Gallon Plant
Labor to install 15 Gallon Tree
Labor to install 30 Gallon Tree
UNIT PRICE #3
Irrigation Repairs and Troubleshooting:
$ 45.00 — per cubic yd.
$ 6.00 each
$ each
$- a - each
$ _— q u o each
$oe
each
Labor (Main Technician) $ 45.00 per hour
Labor (Helper) $ �— per hour
UNIT PRICE #4
Labor and materials for tree pruning and removal:
Labor (Cutter)
Labor (Groundsman)
UNIT PRICE #5 (Materials and labor)
Spraying of Round Up
Spraying of Growth Inhibitor
UNIT PRICE #6 (Materials and labor)
Sodding - Bahia
** *End of Section "*
$ uuoolre per hour
$ gpte per hour
$ p g 25.00 per square foot
�
$__25 0 0 per gallon
$ 175.00 per pallet
f
4-f
` CI
SECTION 00300
� •
GENERAL
11 Description
The following Bid is hereby made to the City of Winter Springs, hereafter called the OWNER. Bid is
submitted by: Dawnnlee Corporation
>316 to er . Rd.
ant�r�in s FL. 32708
(insert legal name, address, and whether sole proprietorship, partnership or corporation.)
1.2 The Undersigned: Dawnalee Corporation
A. Acknowledges receipt of:
1, Project Manual for the Storm Water Ponds and Easements dated May 2011.
2. Drawings
3. General Notes /Details
4, Addenda:
Dumber N/A , dated
B H ht to examined the e site misunderstanding ng raga ding the sameerstands that in submitting his laid, he waives
all g plead
C. Agrees:
^r an ri�iPndar days after the bid opening date. _
2. To enter into and execute a contract with the OWNER, if awarded on the basso ,s i .
3. To accomplish the work in accordance with the contract documents.
1.3 Stipulated Amount
A. Total Base Bid
i will provide the services under this project for the Base Bid Amount of
Seventy seven hundred & ninety Dollars ($ 7790.00
The Base Bid amount reflects pricing for the following Services (place check mark):
X Mowing Services
The Bidder hereby agrees to perform all work as required by the Contract Documents for the
following Unit Prices. All work required to be performed by the Contract Documents is to be
included within the following Pay Items, inclusive of furnishing all manpower, equipment,
materials and performance of all operations relative to the project. Work for which there is not a
pay item will be considered incidental to the Contract and no additional compensation will be
allowed. The Owner, at his sole option and discretion, may choose to add or deduct from the
contract work at the unit prices set forth below. Service Provider shall be paid for actual
quantities completed in accordance with the Contract Documents. The following is the order of
precedence which will be used in case of conflicts within the Bid Schedule provided by each
Bidder: Unit Cost, Total Cost, Totai Base Bid (See attached Bid Form).
i.4 Major Equipment (Not Used)
1,5 Bid Schedule
A. I have attached evidence of qualification and licensing to do business in the State and locality of this
project.
B. I have attached ail requested support documentation.
1,6 submittal
RESPECTFULLY SUBMITTED, this 11 day of May 20 11
Service Provider
By (signature) �L'� -yL
2Q� Title Presa dent
Business Address 218 Stoner Rd. City Winter Springs State Florida Zip 32708
West Side
2. Sheoah Cir Easement
3. Shepard Road Easement
4. Lombardy Canal
5, S. Edgemon Canal
6, Bahama Berm
7. Gator Pond
8. N. Edgemon Canal
East Side
1, Oviedo Line at WS Blvd
2. Boat Pond
3. Lamoka Easement
4. Donna's Pond
SID CALCULATION SHEET -PART i
Mowing Services
Growing Season Dorman Season
(A)
� 40. x 7 = $__Z$Q.
$ 50. x 7 = $ 350.
$-3'U -x 7 = $-750
-
$x 7 = $may
$� ~x 7 = $ 490.
$rte- �x 7 = $�i.
$100. x7
$ 20. x7 =$ 140.
$--W -' –x 7
$r9=�x 7
$ =x7 =$ 490.
s9go
03
$_.._2.1)__ x 5 = $_ i [�tl _
$ _ _ x 5 = $_J25—
$ 25. x5 =$ 125.
$ 35. x5= $_175. -
$��-
X5=$ 100-
$---5jD x5
$ 10 X5 =$ 50.
$ �_E 25x5 =$ 1 25-
45 x 5 = $ 225,
$ 3� , r x 5 = $_ 15 -_.-
200
ADD TOTAL COST (A *B %. 0790.00 GRAND TOTAL PER YEAR.
-Enter this amount on the BID FORM - Sec. 00300 (1.3A) --
The City has the right to add or delete service area section at anytime during the agreement period. Please he
sure to price each section accordingly.
***End of Section* /.
BID CALCULATION SHEET -PART 2
t,. 3l\iI T COS i s
The Bidder agrees with all conditions herein stated, proposes to contract, to the Base Bid sums, with the owner
the following Unit Costs resulting in additions to or deductions from the Base Bid as follows:
UNIT PRICE #1
Mulch Provided & Installed (Pine)
UNIT PRICE #2 (Provide and install)
Labor to install 1 Gallon Plant
Labor to install 3 Galion Plant
Labor to install 7 Gallon Plant
Labor to install 15 Gallon Tree
Labor to install 30 Gallon Tree
UNIT PRICE #3
Irrigation Repairs and Troubleshooting.
$ A5 ng ___ per cubic yd.
$ 5.50-6-00 each
$ ` each
$� each
$ quote each
Labor (Main Technician) $45.00 per hour
Labor (Helper) $ .0-.-O-G- per hour
UNIT PRICE #4
Labor and materials for tree pruning and removal:
Labor (Cutter)
Labor (Groundsman)
UNIT PRICE #5 (Materials and labor)
Spraying of Round Up
Spraying of growth Inhibitor
UNIT PRICE #5 (Materials and labor)
Sodding - Bahia
** *End of Section""
$quote per hour
j- owe per hour
$25.00 per square foot
$25-.-OU- per gallon
$ 175.00 per pallet
Dawnalee Corporation
216 Stoner Rd
Winter Springs, FL 32708
City of Winter Springs
RE: Solary Canal Proposal
Bushhog /mow Canal 350.00 per cut
Growing season cuts 2 times monthly maximum
Winter season bi- monthly cuts
Application of Roundup 4 times per year included in above quote.
Dawna Ferguson
Dawnalee Corporation