HomeMy WebLinkAboutDawnalee Corporation - Agreement for Landscape Maintenance Services - Interim (1 Month)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.
WHEREAS, City wishes to obtain interim landscape maintenance set -vices for the State Road 434 Rights of Way,
Medians, Easements and Ponds Landscape Maintenance for a limited time period; and
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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 pat -ties hereto unless incorporated in this Agreement.
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.
11 The term of this Agreement shall be for one (1) month, corrimencing on February 10, 2014, and terminating at
midnight on March 9, 2014, unless either party chooses to exercise its rights under Section 20, "Te "nation".
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 other wise:
a. "Agreement" or "Contract" shall be used interchangeably and shall refer to this
Agreement, as amended from time to tune, 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.
a. "Work" or "Services" shall be used interchangeably and shall include the performance of
the work agreed to by the parties in this Agreement.
"City Project Manager" or "Designated Representative" or "Project Director" shall mean die City's Urb
3.0 SCOPE OF SERVICES
Service Provider shall do, perform, deliver and carry out, in a professional manner, the type of services as
set forth in the "Scope of Work," attached hereto as Exhibit 'A' and fully incorporated herein by this reference, including but
not limited to the furnishing of all labor, equipment, tools, materials, and incidentals.
4.0 AMENDMENTS AND MODIFICATIONS
Any cardinal change in the terms and conditions set forth in this Agreement must be mutually agreed to by
both the City and the Service Provider, and may beimplemented only after this Agreement has been amended in writing.
The City reserves the eight 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)
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Service Provider shall perform services in conformance with the schedule reasonably established by t
the status of work on at least a monthly basis or as otherwise reasonably requested by the City. Should Service Provider
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
6.1 Compensation. For the Services provided pursuant to the Agreement, the City agrees to pay
Service Provider a sum not to exceed Nine Thousand Four Hundred and Seventy dollars ($9,470.00). If this Agreement
is extended, the total base amount paid to Service Provider shall not exceed the above mentioned number 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 Servitm
Provider the invoice amount providing said amount accurately reflects the terms and conditions of this Agreement. Invoic
may only be submitted on a monthly basis unless otherwise agreed by the City. Unless otherwise agreed in writing by t
City, there shall be no other compensation paid to the Service Provider and its principals, employees, and indepentic
professional associates and consultants in the performance of Work under this Agreement. The City agrees to make
payments due within thirty (30) days of receipt of a proper invoice delivered by Service Provider. The Service Provider in
only bill die City for actual work performed. I
State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance - Interim (I month)
6.4 Truth-In-Negotiation Certificate. Signature of this Agreement by the Service Provider shall act as the
execution of a truth-in-negotiation certificate certifying that the wage and rates and costs used to determine the compensation
provided for in this Agreement are accurate, complete, and current as of the date of the Agreement.
7.0 RIGHT TO INSPECTION
7.1 City or its affiliates shall at all times have the right to review or observe the services performed by Service
Provider,
7.2 No inspection, review, or observation shall relieve Service Provider of its responsibility under this
Agreement.
8.0 AUDIT AND INSPECTIONS
The Service Provider shall maintain records on the City's projects, in accordance with generally accepted
accounting principals and practices to substantiate all invoiced amounts. Said records will be available to the City during the
Service Provider's normal business hours for a period of two (2) years after the Service Provider's final invoice for
examination to the extent required to verify the direct costs (excluding established or standard allowances and taxes) incurred
herein. Should such an audit by the City reveal monies owed to the City, the Service Provider shall reimburse the City for
the cost of the audit and pay the principal overcharge amount owed the City plus interest accrued at the prime interest rate in
effect on the date of discovery. Said interest rate shall apply to the principal overcharge amount revealed in the audit for the
period from the original payment due date(s) to the payment by the Service Provider of all monies owed.
9.0 PROFESSIONALISM AND STANDARD OF CARE
Service Provider shall do, perform and carry out in a professional manner all Services required to be
performed by this Agreement. Service Provider shall also use the degree of care and skill in performing the Services that are
ordinarily exercised under similar circumstances by reputable members of Service Provider's profession working in the same
or similar locality as Service Provider.
10.0 SUBMITTAL OF PROGRESS REPORTS
Service Provider shall submit a monthly written progress report as to the status of all Work set forth in this
Agreement. The report shall in a sufficient manner demonstrate that any birds 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
Set-vice Provider shall comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority hearing
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.
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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.
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
Agmement lh-d-af
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 regular basis, 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.
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16.0 INSURANCE
NIPPON"
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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 tel of this Agreement:
General and Auto Liability
Professional Liability (if applicable)
Worker's Compensation
MINIMUM LIMITS
$500,000 per person/incident
$1,000,000 incident
$1,000,000
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, ata minimum, a policyholders' rating of "A", and a financial class of
"VE" 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, be s. The Service Provider's insurance policies should be
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andorsed 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 content a provision or
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calendar days written notice have been given to the City by certified mail.
applicable to Service Provider, its employees, agents or subService Providers, if any, with respect to the work and services
described herein.
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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
C,
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 perfouning 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,
R. Terminate and settle all orders and subcontracts relating to the performance of the ten-ninated 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.
State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance - Interim (I month)
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Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if
and to the extent caused by acts of God-, fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving
Service Providers labor force); extraordinary breakdown of or damage to City's affiliates' generating plants, their equipment,
or facilities-, court injunction or order-, federal and/or state law or regulation-, order by any regulatory agency; or cause or
causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party
to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any
circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement,
21.0 GOVERNING LAW & VENUE
This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the
laws of the State of Florida. Venue for any state action or litigation shall be Seminole County, Florida. Venue for any federal
action or litigation shall be in the Middle District of Florida in Orlando, Florida.
22.0 HEADINGS
23.1 Paragraph headings are for the convenience of the parties only and are not to be construed as part of this
Agreement.
23.0 SEVERABILITY
24.1 In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void, or
otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the City, shall negotiate an
equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of
this Agreement shall otherwise be fully enforceable.
24.0 INTEGRATION- MODIFICATION
25.1 The drafting, execution, and delivery of this Agreement by the Parties have been induced by no
representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the
entire understanding of the parties, and there are no her 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 firin, 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 Set -vice 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:
ORIMMING717=1
Dawnatee Corporation
216 Stoner Road
Winter Springs, F1 32708
EpLcit
Y:
City of Winter Springs
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 hatudess 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,
State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance - Interim (I month)
a. the acts, errors, omissions, intentional or otherwise, arising out of or resulting from
Set -vice Provider's and its employees, partners, Service Providers, and agents on the
performance of the Set -vices 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;
a. 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-,
ls. 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
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.
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
n t A tained. Notlfnain-thi� Ag
considered to create the relationship of employer and employee between the parties.
42. NONWAIVER
of (1) any provision of this Agreement, (2) the right to have it fully perfornied, (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 duty authorized representatives as of the date first written above.
SERVICE PROVIDER:
F6:x'(; dspd
Nap
(Printed and Signed)
- 4,&,
Title
Date
CITY:
CITY OF WINTER SPRIW155". FLORIDA
A Floridamunicipal coqrotaiion
KRVZ�, L. SM VI -I I'
City Manag
get'
Date
ATTEST
ANDRE. LOR-ENZO-LUACES, City Clerk
.—.- I
audylvetRICOWND M,
1.1 Work Covered by Contract Documents
A. This project shall be a unit price contract.
B. The project as shown on the Attachments and described in these specifications constitutes the work to be
performed under this contract.
3. SAFETY REQUIREMENTS
A. Any equipment and tools used in performing the work under this Agreement shall conform to the Flori
Department of Transportation -Manual of Uniform Traffic Devices. i
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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 PAGE
a., x►ON IN M I
MAINTENANCE CODE FREQUENCY
1. mow
A. WEEKLY
2. TRIM HEDGES
B. BI -WEEKLY
3. WEEDEA TER
C. MONTHLY
4. MULCH -3" DEEP (350 yards total)
D. SEMI-ANNUAL
5. EDGING
E, AS NEEDED
6. WEEDING
F. ANNUALLY
7. PRUNING
G. 3 TIMES A YEAR
S. TRASH PICK-UP
H. BI -MONTHLY
9. CHEMICAL PROGRAM
Ie AS REQUESTED
10, ANNUALS
J. PER PROGRAM
11. CUTTING NATIVE GRASSES (CUTBACKNOMORETHAN50O
12. IRRIGATION MAINTENANCE (SEE NOTES ]ATEACHLOCA TIONISCOPE)
f
Note: R61its-of-w are to be maintained a minimum of 5'feet behind sidewalks plant beds and fences furthest rom
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PRIME
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N
X MLIMIEWIMULT
MAINTENANCE/FREQUENCY CODE SEASONAL VARIATION
A B
MONTH MONTH
ITE RIR st DESCRIPTION 03/01 THRU 09/30 10/01 THRU 02/28
1. SR 434 MEDIANS (SR 419 to SR 417) IA,2A,3A,5B,7ERA, 1B,2E,3B,4F,5ERA,6B
6A,9J,11F,12J 9J,7E,12J
2. SR 434 RIGHTS OF WAY lA,2R,3A,5A,6A,8A, IB,2E,3B,4F,5E,6E,
7E,9J,12J 8A,7E,9J,12J
3. FROTPONDS IB,2B,3B,5B,8B,12J IE,2E,3E,4F,5E,8B,
I IF,6E,7E IIE,6E,7E,12J
4. VISTAWILLA DRIVE MEDIAN IA,2B,3A,5B,6A,7E, IB,2E,3B,4F,5C,6E,7E,
8A,12C 8A,12C
1. MEDIANS ISR 434)
From intersection at SR 17-92 to SR 417 overpass (including median just East of SR 417 overpass). SR 434 Village
Walk (17-92 to SR 419) has irrigation to be maintained. Timers are located at the intersections of Moss Road and
Belle Avenue at SR434. Medians between Central Winds Blvd and Tuskawilla Road have irrigation to be
maintained. Battery operated timers are in the medians. All irrigation on SR 434 in the medians and ROW is
supplied with reclaimed water. Mulching and Fertilization to be performed for all plant bed areas.
2. RIGHTS of WAY (SR 434)
Both sides of roadway on SR 434 from Talmo St. to SR 417 (to roadway sign East of overpass on South side
R.O.W.) Service area is from curb to minimum of 5' behind sidewalks and planter bed areas (where applicable and
wider as necessary in some areas). To include gazebo areas located at Moss Road and Winter Springs Elementary (SR
434 frontage). SR 434 Village Walk (17-92 to SR 419) has irrigation to be maintained. Timers are located at the
intersections of Moss Road and Belle Avenue at SR434. Mulching and Fertilization to be performed for all plant bed
areas.
State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance - interim 0 month)
Pond 1- at intersection of Consolidated Services Rd. (Sam. Cry. Bus Bam) and SR 434.
Pond 2 - between Stone Gable Subdivision and Winding Hollow Subdivision. Irrigation is to be maintained along
front fence — TBOS Timer (2 zones).
Pond 3 -adjacent to Post Office (Includes pond infront and back). Irrigation has to be maintained along front
fence — TBOS Timer (I zone).
Pond 4 - North side of SR 434 West of Tuscom Blvd.
Mulching and Fertilization to be performed for all plant bed areas (Ponds 2,3)
4. STA LA DETVE MEDIAN
Median located on Vistawilla Drive adjacent to SR 434. There is St. Augustine turf and lush landscaping to be
maintained. The reclaimed water irrigation system (battery timer) is to be monitored monthly, at minimum. Trash
pickup is a focus at this location as it is at a stop light near a convenience store. Mulching to be performed for all
plant bed areas,
"Continued on next page**
State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance - Interim (I month)
SECTION 01100
TECHNICAL SPECIFICATIONS
SPECIFIC TASKS
1.0 MOWING
The mowing of all grassed areas shall be no less than once every seven (7) days in the heavy growing
season. Mowing shall be no less than bi-weekly, or as instructed by the City's Representative, during the dormant
gAnikig
City's Representative, but otherwise shall be:
All turf areas will be mowed to the following heights: St. Augustine to a height of 4 inches on average and
Bahia to a height of 3 inches on average, depending upon established grass needs, by finish mower orturf mower.
No bahia seed pods shall remain immediately after each mowing. At no time shall more than one-third (1/3) of the
leaf surface be removed in one mowing.
Prior to mowing and trimming any turf and bed areas-, paper, trash, bottles, wood, cans and all other debris
(as well as misplaced dirt or sand) must be removed from areas immediately bordering site and actual site locations.
Areas are to look clean and neat and free of debris at all times,
Any clipping, trimming debris will be removed from site as work is completed, or at the end of each day
that work is performed. Lawn clippings may be lcft on the turf areas so long as no readily visible clumps remain on
the grass surface after mowing. Otherwise large clumps of clippings will be collected and disposed of by Service
Provider. In case of fungal disease outbreaks, all clippings will be collected and properly disposed of until disease
is undetectable.
2.0 MULCHING (Not used in the litteOm agr-eenaino�
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4iftehing to be performed thmag the wifiteF mooths; (by ne later than Deeteassef 15) in ordef to keep
plamed areas neat and freshly maintained, SIaleh depth shall be a tend of thizee (3) inches, and placed, net dumped,
as i'vell as kept ffem around the immedmte base of plants and shrubs. Pine bafk at- r-exyeled tree frusleb is to beased
; � , I a Repmsernati�.
unless etherwL;a matreeted by the Gi,
Edging of all walks, curbs, edging of pavements, hardscapes, and grass invasion shall be done weekly
during the heavy growing season and bi-weekly for the remainder of the year. All grass and dirt to be blown off
onto grass areas only. No debris shall be blown onto hard surfaces or into shrub or flower beds. Schedule for
edging of soft surfaces such as turf, bed borders, and ground cover shall be performed bi-weekly or more as needed.
4.0 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, guard
rails, fences, and trees) will be done through chemical control within a limit of six inches IS") maximum or
mechanical trimmer so as not to inflict damage of any kind to structure, equipment or tree. Line trimming or
mechanical trimming of ponds shall be done to the water's edge.
5.0 PRUNING SHRUBS AND ORNAMENTALS
Pruning of plants shall be perhanned as needed to remove dead wood harboring insects and disease arid to
promote maximum health and growth. The finding of insects or disease shall be reported, immediately to the City
Representative so as to limit losses. Aesthetic pruning shall consist of removal of dead or broken branches. Pruning
shall be performed to balance infiltration light to enhance new growth.
Small leafed shrubs, such as pittirsporum, azaleas and Indian hawthorn, etc,, are to be kept trifruned in a
tight, neat appearance, with removal of partial new growth after no more that four inches of new growth appears.
Larger leafed shrubs, such as vibumurn, may attain new growth reaching from 2" to 4" before removal. But at no
times are shrubs to display a disorderly appearance.
Ornamentals, such as crinum lilies, are to be trimmed aggressively during the rainy season to be kept neat
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and fungus free. This may be as frequent as every other week, Sago palms are to be trimmed a minimum of three
times a year, or more often, as needed, depending on growth and health. Azaleas are to be trimmed at regular
intervals as described above with the exception of the months of October thru March when no trimming should be
(lone to achieve maxunurn flowering. Wax myrtles are to be trimmed aggressively in order to maintain a rise,,
compact habitat, At no time is an herbicide in be used to rid plants of sticker growth, Instead, hand pulling or
aggressive tri 'ng routine is to be established.
All plants and ornamentals that produce any dead members (i.e,, sounds, sage, eaten grasses, holly rem,
etc,) are to be systematically checked and cleaned with special attention to early spring cleanup. At no time shall
grasses be trimmed of more than 50% of their foliage and should be trims ed (luring the March/April time frame.
6.0 PLANT REPLACEMENT
The Service Provider shall be responsible for replacing any plant materials that die or become damaged to
the point that the plant grade is less than Florida Number I as a result of neglect or damage caused by the
maintenance operation, Replacement material shall be identical to plant species, quality and specifications of the
materials at the time the loss occurs,
7.0 TREE TRIMMING
Ali trees, except Crape myrdes, are to be trimmed as often as necessary to most public safety requirements
and comply with ISA industry standards. Trimming of established trees shall be to a maximum of ran (10) foot
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under canopy and pruned just outside the branch collar by the Service Provider. New or young trees are to be
pruned with an ideal under canopy of seven () feet or to a suitable and healthy height for each tree. Sucker growth
is to be removed by hand or trinimer from the base of a tree, Herbicides are not to be used for this purpose.
Palms are to be trimmed regularly to ensure the absence of seed pods and dead or dying fronds dropping to
the ground and not as severely as the hurricane cut; using the 9/3 rule. Ligustrum, and Holly trees are to be
maintained per industry standards and tris reed a nriturnum of once every third week, or as specified by City's
Representative, In Rights -of -Way areas along sidewalks arid roadways, vines and small limbs may grow out and
distant pedestrian or vehicular traffic, such obstacles are to be removed as needed during the service schedule by
way ol'pruning shears or a hand saw.
Approved traffic (M,U,T.C.D.) warning devices shall be used when necessary to provide safety to persons
and vehicular traffic within any areas undergoing pruning. Work will be scheduled after consulting with the City's
Representative,
8.0 WE, EDING
Weeding of all plant bed areas is to be as often as necessary to conform with the shrub trimming schedule,
and to control weed population and maintain healthy plants. Remove weeds, vines said "voluntary" seedlings from
Phoning beds as needed. Weed control in landscaped areas will be accomplished by hand weeding and/ or
application of round -up and a pre -emergent herbicide, if needed. All weeds in sidewalks, hardscapes, drains, curb
lines, or other paved areas shall be chemically controlled or removed by hand.
State Road 434 Rights of Way, Medians, Easernents and Ponds Landscape Maintenance - Intaom (I month)
9®0 ANNUALS (As Requested)
owing annuals.
10.0 IRRIGATION
Complete irrigation inspections shall be performed one (1) time per month at minimum. Details of the
inspection shall be recorded on a log sheet (to be submitted with the monthly billing) and consist of the following:
I Turning on each zone and inspecting each head for the proper coverage, including straightening, adjusting
the output of water, adjusting spray pattern and unclogging any heads,
1 Repairing broken heads and lateral lines, as necessary.
3. Checking the irrigation controller(s) for proper operation and programming. If there are battery controllers
on the site, check each for battery life and replace at 75% depletion.
4. Test rain sensor(s) for proper operation and replace as necessary.
5. Checking all zone valves for proper open and closure, making sure to inspect for leaking from the mainline.
6. Checking water source for leaking and visual inspection of backflow device, if present.
T Visually inspect turf, planters and trees in irrigated areas for signs of drought stress and effect adjustments
and/or repairs to remedy the issue. A visual 'ride through' of all irrigated areas shall be done each
week during the growing season and bl-weekly during the dormant season. This activity can also be
accomplished by the mowing crew.
The Service Provider shall submit a detailed report, at the time of billing of each monthly service,
consisting of the clock and locatioa. eac� zoire bv virvalter- a -td aav revairs or work verfn-med durivg that qervice-
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before the work is to be performed. No payment will be made for heads or parts damaged by the Service Provider.
Service Provider shall immediately repair any and all damaged property wn the areas specified in this
agreement to meet original specifications with commercial quality irrigation parts. All work performed by Service
[*rovider to meet industry standards. All damaged irrigation heads shall be turned in each month along with the
monthly billing in order to qualify for payment.
All labor required to repair or replace defective parts is included in the contract price except when
repairing valves, main lines or lateral lines over 1 1/2", clock or wiring problems, or lines under sidewalks or
roadways. Labor cost for these services shall be billed at $45 per hour. Material costs shall be paid on the basis of
approved wholesale documented cost plus 15% for overhead and profit.
Service Provider is to immediatel.�, notify Owner if a mainline leak is noticed. Should the Service Provider
need to shut down the mainline for any reason, the Owner must be contacted at: (407) 327-5976 or after hours
at (407) 327-2669.
City
of Winter
Springs
Memo
To: City Clerk's Office
From: Steven T. Richart, Urban Beautification Manager
CC: Kevin Smith, City Manager
Date. 2/3/2014
Re: SR 434 Landscape Maintenance - Interim Contract with Dawnalee Corp.
1ATT7.-TW two (2) originals of the a�vjreement for Iands*_qjwTFMff.Z r
for SR 4 at require signature of the City Manager. Once each original has been signed, pleas'
return one (1) original to me and one (1) original should remain with the City Clerk's Office.
PLEASE EXPEDITE THIS PROCESS — SIGNED AGREEMENT SHOULD BE
ARETURNED TO ME
BY 217/14 --THNK YOU!
On January 31, 2013, after over 3 months of substandard performance, the service agreement (IT,.
004/13/SR) with Eastwood Tuff Turf was terminated. Pursuant to a request from staff, Dawnale -
Corporation has agreed to honor their original bid price (ITB 004/13/SR on 7/11/13) in the amount
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$113,640 for 1 year of service (Bid Tabulation is attached),
In the interim, while staff is seeking approval from the City Commission for an annual agreement wit
Dawnalee, a I month service agreement is necessary during this time period. The cost is $9470 for
month (1/12 of the total bid price).
Funding for the interim agreement with Dawnalee is available from the budgeted P.O. balance of th
previous contract with Eastwood coming from the 1525 R&M Grounds Line Code.
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