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Dawnalee Corporation - Agreement for Landscape Services - 2020 01 21 (Package 2)
AGREEMENT 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, a Florida Profit Corporation("Service Provider"),located at 216 Stoner Road,Winter Springs,Florida 32708. WITNESSETH: WHEREAS, City wishes to obtain landscape maintenance services for S.R. 434, City of Winter Springs Medians, Right of Ways(ROWs), and Ponds on a continuing basis; and WHEREAS, Service Provider participated in the selection and negotiation process ("RFP 07-19 KM Landscape Maintenance Services"); and WHEREAS, Service Provider is willing to provide such landscape maintenance services for Package#2 S.R.434, City of Winter Springs Medians, Right of Ways(ROWs),and Ponds("RFP 07-19 KM Landscape Maintenance Services")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 Term. The initial term of this Agreement shall be for two(2)years,commencing on January 1, 2020, and terminating at midnight on December 31, 2021, 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 three(3) 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 annual compensation may be increased to allow for consumer price increases based on the Bureau of Labor and Statistics' Consumer Price Index for All Urban Consumers (all cities, all items) using the "Unadjusted 12-months" percent number for All items, not to exceed two percent (2.0%). Said increase shall become effective beginning with the invoice for work performed after the start of the new Agreement period. 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 Profit Corporation and its principals, officers, employees, and agents. d. "Public Record"shall have the meaning given in Chapter 119.011, 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" shall mean the City Manager, the Director of Urban Beautification, or his/her respective designee, who is to provide the general administration of the Agreement. 3.0 SCOPE OF SERVICES 3.1 The Service Provider shall do,perform,deliver and carry out, in a professional manner,the type of landscape maintenance 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 materials, equipment,tools, labor, and incidentals, unless otherwise expressly agreed to by the City. 3.2 Prior to the commencement of Services provided in accordance with this Agreement, the Service Provider and the City Project Manager may perform a video or photo survey of the conditions of all exterior conditions at each of the designated areas covered by this Agreement. The Service Provider and the City Project Manager shall jointly prepare and sign a written report of the survey which shall describe the condition and location of all unhealthy plants. 3.3 The Service Provider shall immediately notify the City Project Manager verbally, and follow in writing within twenty-four(24) hours, of any damage which the Service Provider discovers, whether or not such damage was caused by the Service Provider. 3.4 The Service Provider shall be obligated to immediately or promptly repair, in accordance with Exhibit"A",to the City's satisfaction,any damage to exterior plantings, irrigation systems, or any other property within the areas specified in this Agreement. In the event the Service Provider has not repaired any such damages within a reasonable time, as determined by the City, the City may repair such damage and deduct such cost from the next payment due to the Service Provider. The Service Provider shall be liable to the City for any such costs in excess of the amount deducted by the City. 3.5 During the 30-day period preceding the expiration of the term of this Agreement, or, in the event of an earlier termination, during the 30-day period following the date of termination, the Service Provider and the City Project Manager may perform a video or photo survey of the final conditions of all exterior conditions at each of the designated areas covered by this Agreement. Said survey shall establish Page 2 of 13 Landscape Maintenance Services Package#2-S.R. 434, City of Winter Springs Medians, Right of Ways(ROWs), and Ponds Dawnalee Corporation a punch list of plantings and materials that do not meet the specifications and standards found acceptable to the City and that must be replaced by the Service Provider. If the plantings and materials so identified are not replaced by the Service Provider, the cost of replacement shall be withheld from the City's final payment to the Service Provider. 4.0 AMENDMENTS AND MODIFICATIONS 4.1 Modifications or changes in the terms and conditions set forth in this Agreement, including any exhibits hereto, must be mutually agreed to in writing and executed by the parties bound to this Agreement. 4.2 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 or schedules of this Agreement,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. 4.3 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 5.1 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. 5.2 No extension for completion of services shall be granted to Service Provider without City's prior written consent. 6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF SERVICE PROVIDER 6.1 Compensation for Base Maintenance Services. For the Services provided pursuant to the Agreement and identified in the Scope of Work as Base Maintenance services, the City agrees to pay Service Provider Twelve Thousand Eight Hundred and Eighty and no/100 Dollars($12,880.00)per month. If this Agreement is extended, the total annual amount paid to Service Provider shall not exceed the above mentioned number adjusted by the Consumer Price Index as set forth in paragraph 2.1 of this Agreement. 6.2 Compensation for Identified Services outside of the Base Maintenance Services. For Services identified by the Scope of Work to be outside of the monthly Base Maintenance Services(see section 2.B.of Exhibit"A"), Service Provider shall be compensated as provided for by the Service Provider's Proposal Form,which is provided as an attachment to Exhibit"A." 6.3 Compensation for Additional Services. From time to time during the term of this Agreement, City may request that Service Provider perform additional Services related to but not specifically required under the Agreement. For any such 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. Page 3 of 13 Landscape Maintenance Services Package#2-S.R.434, City of Winter Springs Medians, Right of Ways(ROWs), and Ponds Dawnalee Corporation 6.4 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. 6.5 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, 8.1 The Service Provider shall maintain records on the City's projects, in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. Said records shall be kept and made available to the City in accordance with Section 18.1 herein. The Service Provider may be audited by the City in relation to this Agreement at the City's discretion. 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 9.1 Service Provider shall do, perform and cant' out in a professional manner all Services required to be performed by this Agreement. Service Provider shall also use the degree of care and skill in performing the Services that are ordinarily exercised under similar circumstances by reputable members of Service Provider's profession working in the same or similar locality as Service Provider. 10.0 SUBMITTAL OF PROGRESS REPORTS 10.1 Service Provider shall submit a monthly written progress report as to the status of all Work set forth in this Agreement. 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. Page 4 of 13 Landscape Maintenance Services Package#2-S.R. 434, City of Winter Springs Medians, Right of Ways(ROWs), and Ponds Dawnalee Corporation 11.0 WARRANTY OF PROFESSIONAL SERVICES 11.1 The Service Provider(for itself and any of its employees,contractors, partners,and agents used to perform the Services) hereby warrants unto the City that all of its employees (and those of any of its contractors, partners, and agents used to perform the Services) have sufficient experience to properly complete the Services specified herein or as may be performed pursuant to this Agreement. In pursuit of any Work, the Service Provider shall supervise and direct the Work, using its best skill and attention and shall enforce strict discipline and good order among its employees. The Service Provider shall comply with all laws,ordinances,rules,regulations,and lawful orders of any public authority bearing on the performance of the Work. 12.0 CORPORATE REPRESENTATIONS BY SERVICE PROVIDER 12.1 Service Provider hereby represents and warrants to the City the following: a. Service Provider is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for Service Provider has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto,and the execution,delivery,and performance hereof by Service Provider has been duly authorized by the board of directors and/or president of Service Provider. In support of said representation, Service Provider agrees to provide a copy to the City of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. Service Provider is duly licensed under all local, state and federal laws to provide the Services stated in paragraph 3.0 herein. In support of said representation, Service Provider agrees to provide a copy of all said licenses to the City prior to the execution of this Agreement. 13.0 WORK IS A PRIVATE UNDERTAKING 13.1 With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the City and Service Provider is such that the Service Provider is an independent contractor and not an agent of the City. The Service Provider, its contractors, partners, agents, and their employees are independent contractors and not employees of the City. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the City, on one hand, and the Service Provider, its contractors, partners, employees, or agents, during or after the performance of the Work under this Agreement. 14.0 PROGRESS MEETING 14.1 City Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the City, during the term of work entered into under this Agreement. Service Provider's Project Manager and all other appropriate personnel shall attend such meetings as designated by the City Project Manager. Page 5of13 Landscape Maintenance Services Package#2-S.R. 434, City of Winter Springs Medians, Right of Ways(ROWs), and Ponds Dawnalee Corporation 15.0 SAFETY 15.1 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, contractors,and agents while performing Services provided hereunder. 16.0 INSURANCE 16.1 Without limiting any of the other obligations or liabilities of Service Provider, Service Provider shall, at its sole expense, procure, maintain and keep in force adequate amounts and types of insurance conforming to the minimum requirements set forth below. The insurance shall become effective prior to the commencement of work by Service Provider and shall be maintained in force until final completion.The Certificate of Insurance must be made to the City of Winter Springs, 1126 East State Road 434, Florida, 32708 and should reference the operation and shall name the City as an additional insured. Prior to renewal, non-renewal, cancellation, or change or modification of any insurance policy, at least 30 days advance written notice shall be given to the City of Winter Springs. All insurance required herein shall be written as primary policies, not contributing to or in excess of any coverage that the City may carry.The insurance carriers shall have a minimum of B+rating based on the latest rating publication for Property and Casualty Insurers such as A.M. Best Company(or its equivalent). All insurers must be lawfully admitted to conduct business within the State of Florida. The amounts and types of insurance shall conform to the following minimum requirements: a. Worker's Compensation. Shall cover Service Provider and subcontractors to the fullest extent of the minimum coverage amounts required by law. b. Commercial General Liability. Minimum limit of$1 Million per occurrence and $3 Million aggregate for bodily injury and property damage liability; this coverage shall also include: Premises and Operations liability; Completed Operations/Product liability; Contractual liability; and,coverage of Service Provider's subcontractors and Independent Contractors. c.. Commercial Automobile Liability. Minimum limit of$1 Million, covering any auto including owned, non-owned, hired or leased. In the event Service Provider owns no automobiles, the Commercial Auto Liability requirement shall be amended allowing Service Provider to maintain only Hired & Non-Owned Auto Liability. If vehicles are acquired throughout the term of the contract, Service Provider agrees to purchase "Owned Auto' coverage as of the date of acquisition.This amended requirement may be satisfied by way of endorsement to the Commercial General Liability,or a separate Commercial Auto coverage form. Service Provider expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Service Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. 17.0 COMPLIANCE WITH LAWS AND REGULATIONS, 17.1 In the performance of work and services under this Agreement, Service Provider agrees to comply with all Federal, State and Local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement that are applicable to Service Provider,its employees,agents or subcontractors, if any,with respect to the work and services described herein. Page 6 of 13 Landscape Maintenance Services Package#2-S.R. 434, City of Winter Springs Medians, Right of Ways(ROWS),and Ponds Dawnalee Corporation 18.0 DOCUMENTS 18.1 Public Records. Pursuant to Section 119.0701, Florida Statutes and other applicable public records laws, Service Provider agrees that any records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form, characteristics, or means of transmission,of Service Provider related,directly or indirectly,to the services provided to the City under this Agreement and made or received pursuant to law or ordinance or in connection with the transaction of official business by the City,may be deemed to be a public record,whether in the possession or control of the City or the Service Provider. Said records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form, characteristics, or means of transmission of Service Provider are subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's designated custodian of public records. IF THE SERVICE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SERVICE PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE CITY CLERK, AT (407) 327-5955, CITYCLERKDEPARTMENT WINTERSPRINGSFL.ORG, 1126 EAST STATE ROAD 434, FLORIDA 32708. Service Provider is required to and agrees to comply with public records laws. Service Provider shall keep and maintain all public records required by the City to perform the services as agreed to herein. Service Provider shall provide the City, upon request from the City Clerk, copies of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by law. Service Provider shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term. Upon completion of the Agreement, Service Provider shall transfer to the City, at no cost,all public records in possession of the Service Provider, provided the transfer is requested in writing by the City Clerk. Upon such transfer,Service Provider shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. However, if the City Clerk does not request that the public records be transferred, the Service Provider shall continue to keep and maintain the public records upon completion of the Agreement and shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City Clerk, in a format that is compatible with the information technology systems of the City. Should the City not possess public records relating to this Agreement which are requested to be inspected or copied by the City or any other person, the City shall immediately notify Service Provider of the request and the Service Provider shall then provide such records to the City or allow the records to be inspected or copied within a reasonable time. If the Service Provider does not comply with a public records request, the City may enforce this Section to the extent permitted by law. Service Provider acknowledges that if the Service Provider does not provide the public records to the City within a reasonable time, the Service Provider may be subject to penalties under Section 119.10, Florida Statutes. The Service Provider acknowledges that if a civil action is filed against the Service Provider to compel production of public records relating to this Agreement,the court may assess and award against Service Provider the reasonable costs of enforcement, including reasonable attorney fees. All public records in connection with this Agreement shall, at any and all reasonable times during the normal business hours of the Service Provider, be open and freely exhibited to the City for the purpose of examination, audit, or otherwise. Failure by Service Provider to grant such public access and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the City upon delivery of a written notice of cancellation. If the Service Provider fails to comply with this Section,and the City must enforce this Section, or the City suffers a third party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to Service Provider's failure to comply with this Section, the City shall collect from Service Provider prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing Page 7 of 13 Landscape Maintenance Services Package#2-S.R.434, City of Winter Springs Medians, Right of Ways(ROWs),and Ponds Dawnalee Corporation this Section against Service Provider. And, if applicable, the City shall also be entitled to reimbursement of all attorneys'fees and damages which the City had to pay a third party because of the Service Provider's failure to comply with this Section. The terms and conditions set forth in this Section shall survive the termination of this Agreement. 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. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than City and Service Provider, and all duties and responsibilities under this Agreement will be for the sole and exclusive benefit of City and Service Provider and not for the benefit of any other party. 19.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by Service Provider, Service Provider shall be fully responsible to City for all acts and/or omissions performed by the subcontractor as if no subcontract had been made. 19.3 If City determines that any subcontractor is not performing in accordance with this Agreement, City shall so notify Service Provider who shall take immediate steps to remedy the situation. 19.4 If any part of this Agreement is subcontracted by Service Provider, prior to the commencement of any Work by the subcontractor, Service Provider shall require the subcontractor to provide City and its affiliates with insurance coverage as set forth by the City. 20.0 TERMINATION 20.1 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 21.1 Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes(except involving Service Providers labor force); extraordinary breakdown of or damage to City's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. Page 8 of 13 Landscape Maintenance Services Package#2-S.R. 434, City of Winter Springs Medians, Right of Ways(ROWs), and Ponds Dawnalee Corporation 22.0 GOVERNING LAW&VENUE 22.1 This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole County, Florida.The parties agree that the Agreement was consummated in Seminole County,and the site of the Services is Seminole County. Venue for any federal action or litigation shall be in the Middle District of Florida in Orlando, Florida. 23.0 HEADINGS 23.1 Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 24.0 SEVERABILITY 24.1 In the event any portion or part thereof of this Agreement is deemed invalid,against public policy, void, or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the City, shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable. 25.0 INTEGRATION. 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 represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, or Agreements, either oral or written, and all such matters shall be deemed merged into this Agreement. 26.0 THIRD PARTY RIGHTS 26.1 Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Service Provider. 27.0 PROHIBITION AGAINST CONTINGENT FEES 27.1 Service Provider warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Service Provider,to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual,or firm,other than a bona fide employee working solely for the Service Provider,any fee, commission,percentage,gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 28.0 NO JOINT VENTURE 28.1 Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties,and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 29.0 ATTORNEY'S FEES 29.1 Should any litigation arise concerning this Agreement between the parties, the parties agree to bear their own costs and attorney's fees. Page 9 of 13 Landscape Maintenance Services Package#2-S.R. 434, City of Winter Springs Medians, Right of Ways(ROWs), and Ponds Dawnalee Corporation 30.0 COUNTERPARTS, 30.1 This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 31.0 DRAFTING, 31.1 City and Service Provider each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 32.0 NOTICES 32.1 All projects, notices, demands, requests, instructions, approvals, and claims shall be in writing. All notices of any type shall be given by U.S. mail or by hand delivery to an individual authorized to receive mail for the below listed individuals, all to the following individuals at the following locations: For Service Provider: Dawnalee Corporation 216 Stoner Road Winter Springs,FL 32708 For City: City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Phone: (407)327-1800 Facsimile: (407)327-4753 Notice shall be deemed to have been given and received on the date the notice is physically received if given by hand delivery, or if notice is given by first class U.S. mail, postage prepaid, then notice shall be deemed to have been given upon the date said notice was deposited in the U.S. Mail addressed in the manner set forth above. Any party hereto by giving notice in the manner set forth may unilaterally change the name of the person to whom notice is to be given or the address at which notice is to be received. 32.2 Either party may change the notice address by providing the other party written notice of the change. 33.0 SOVEREIGN IMMUNITY 33.1 The City intends to avail itself of the benefits of Section 768.28, Florida Statutes and any other statutes and common law governing sovereign immunity to the fullest extent possible. Neither this provision nor any other provision of 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. Erdman agrees that City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, City shall not be liable for any claim or judgment, or portion thereof, to any one person for over two hundred thousand dollars ($200,000.00), 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, Page 10 of 13 Landscape Maintenance Services Package#2-S.R.434, City of Winter Springs Medians, Right of Ways(ROWs), and Ponds Dawnalee Corporation exceeds three hundred thousand dollars ($300,000.00). Nothing in this Agreement is intended to inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. This paragraph shall survive termination of this Agreement. 34.0 INDEMNIFICATION 34.1 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 attorneys fees through any and all administrative, trial and appellate proceedings), directly or indirectly arising from: a. any default under this Agreement by Service Provider; b. any negligent act, omission or operation of work related to all Services performed under this Agreement by Service Provider, and its employees, principals, agents, independent contractors, and consultants. c. the acts, errors, omissions, intentional or otherwise, arising out of or resulting from Service Provider's and its employees, partners,contractors, and agents on the performance of the Services being performed under this Agreement; d. Service Provider's,and its employees', partners',contractors',and agents' failure(s)to comply with the provisions of any federal, state, or local laws, ordinance, or regulations applicable to Service Provider's and its employees', partners', contractors', and agents' performance under this Agreement; e. any fraud and misrepresentation conducted by Service Provider and its employees, partners, contractors, and agents on the City under this Agreement. 34.2 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. 35.0 ORDER OF PRECEDENCE 35.1 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. Page 11 of 13 Landscape Maintenance Services Package#2-S.R. 434, City of Winter Springs Medians, Right of Ways(ROWs), and Ponds Dawnalee Corporation 35.2 Any inconsistency in the work description shall be clarified by the City and performed by the Service Provider. 36.0 AGREEMENT INTERPRETATION 36.1 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. 36.2 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. 37.0 NONDISCRIMINATION 37.1 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 disability. 38.0 ARREARS 38.1 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. 39.0 WARRANTY 39.1 The Service Provider warrants that skilled and competent personnel to the highest professional standards in the field shall perform the Services. Service Provider shall comply with all laws, ordinances and rules in performing the Services. Service Provider shall pay all taxes, fees, license fees required by law, including but not limited to occupational fees and withholding taxes and assume all costs incident to the Services, except as provided herein. 40.0 INDEPENDENT CONTRACTOR 40.1 The Service Provider specifically understands and agrees that it is an independent contractor with respect to the Services provided pursuant to this Agreement, and not an employee, agent, or servant of the City. All persons engaged in any of the 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 interpreted to establish any relationship, other than that of an independent contractor, between City and Service Provider, during or after performing the Services. Page 12 of 13 Landscape Maintenance Services Package#2-S.R. 434, City of Winter Springs Medians, Right of Ways(ROWs),and Ponds Dawnalee Corporation 41.0 WAIVER 41.1 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 serums hereunder shall operate as a waiver of(1)any provision of this Agreement,(2)the right to have it fully perfomieti,(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. Failure of City to insist upon performance within any time period or upon a proper level or quality of performance shall not act as a waiver of City's right to later claim a failure to perform by Service Provider. 42.0 E3 CLUSI1/iTY 42.1 This is not an exclusive Agreement. The City may,at its sole discretion,contract with other entities for warp similar to that to be performed by the Service Provider hereunder. IN WITNESS WHEREOF,the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. SERVICE PROVIDER* DAWNALEE CORPORATION A - rwda Profit CorpQWto Name(Printed and Signed) Title Date i CITY: CITY OF WINTV i ,, RRI1�4S, FLU RIbA A Florida rnupw�al c+,)rptTatzon Sti�.WI�J BrJ�LE City Manager Tate ATTEST,--. 1017 CHRISTIAN Q,0V4AtV,interim di Cierk Page 13 of 13 Landscape;Maintenance Services Package#2- S.R.434, City of Winter Springs Medians,Right of Ways(ROWs),and Ponds Dawnalee Corporation Exhibit"A" SCOPE OF WORK Packa a #2, S.R. 434 Cit of Winter S rin s Medians Ri ht of Wa s ROWs and Ponds 1. LOCATIONS OF SERVICES, A. S.R. 434 Medians(S.R. 419 to S.R. 417) i. From the intersection at S.R. 17/92 to S.R. 417 overpass (including median just East of S.R. 417 overpass). [Note: S.R. 434 Village Walk(17/92 to S.R. 419) has irrigation to be maintained. Timers are located at the intersections of Moss Rd. and Belle Ave. at S.R. 434. Medians between Central Winds Blvd. and Tuskawilla Rd. has irrigation to be maintained. Battery operated timers are located in the medians. All irrigation on S.R. 434 in medians and R.O.W. is supplied with reclaimed water.] B. S.R. 434 Rights of Way(R.O.W.) i. Both sides of the roadway on S.R. 434 from Talmo St. to S.R. 417, (to roadway sign East of the overpass on the 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). Service to include gazebo areas located at Moss Rd. and Winter Springs Elementary School(S.R. 434 frontage). [Note: S. R. 434 Village Walk(17/92 to S.R. 419) has irrigation to be maintained. Timers are located at the intersections of Moss Rd. and Belle Ave.on S.R. 434.] C. F.D.O.T. Ponds i. Pond #1 - Located between the Seminole County Bus Yard (Consolidated Services Compound). ii. Pond#2—Located between Stone Gable Subdivision and Winding Hollow Subdivision. [Note: Irrigation is to be maintained along front fence—TBOS Timer—(2)Zones.] iii. Pond#3—Located adjacent to Post Office(includes ponds in front and back). [Note: Irrigation is to be maintained along front fence—TBOS Timer—(2)Zones.] iv. Pond #4 — Located on the north side of S.R. 434 West of Tuscora Blvd. (Public Works Compound- 150 N. Hartman Lane.) D. Vistawilla Dr. Median i. Median located on Vistawilla Dr. adjacent to S.R. 434. [Note: The reclaimed water irrigation has irrigation to be maintained. Timers are located at the intersections of Moss Rd. and Belle Ave. on S.R. 434.] Page 1 of 8 Landscape Maintenance Services Package#2-S.R.434,City of Winter Springs Medians,Right of Ways(ROWs),and Ponds Dawnalee Corporation Exhibit"A" 2. SERVICES TO BE PROVIDED. [Note: All services to be provided are further described below in Section 3.Terms/Explanations] A. Base Maintenances Services. The following services shall be provided by Service Provider, at all locations of services, as base maintenance services for which Service Provider is compensated monthly in accordance with the Agreement. The below services are required weekly through the growing season (March 15 through October 15)and bi-weekly through the dormant season(October 16 through March 14). i. Mow ii. Blow iii. Trim Hedges iv. Weedeater V. Edge vi. Weeding Beds vii. Prune Trees viii. Remove Spanish Moss ix. Trash Removal B. Identified Services outside of the Base Maintenance Services. Certain services and materials shall be provided by the Service Provider as needed or as requested by the City,as further described below in Section 3, and are in addition to the base maintenance services identified in Section 2. A. above. The costs for such additional services and materials are identified in the Proposal Form submitted by the Service Provider, attached hereto as Attachment 1 and fully incorporated herein by this reference. The following services shall be provided at all locations: i. Mulch ii. Fertilization iii. Insect and Disease Control iv. Irrigation Inspection and Repair 3. TERMS/EXPLANATIONS A. Mowing /Turf Care i. Mowing of all grassed areas shall be no less than once every seven(7)days in the heavy growing season and shall be no less than bi-weekly, or as instructed by the City°s Representative, during the dormant growing season, Crowing seasons are dictated by the weather and therefore may change per the City Project manager, but otherwise shall be: Page 2 of Landscape Maintenance Services Package 2-S.R.434,City of winter Springs Medians,Right of ways(ROWS),and fends Dawnalee Corporation Exhibit"A" a. Heavy Growing Season-March 15 through October 15 b. Dormant Growing Season-October 16 through March 14 ii. Prior to mowing and trimming any turf and bed areas; paper, bottles, cans and all other debris (as well as misplaced dirt or sand) must be removed from areas immediately bordering site (ex: sidewalks and curb lines) and actual site locations. Areas are to look clean and neat and free of debris at all times. iii. 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. iv. Turf care activities shall be scheduled during the normal work week(M-F 7:30am to Dusk unless directed otherwise) as a general rule and to allow for access to water plant facilities. Should field conditions occur that require a modification to the normal service schedule, Service Provider must give the City 24 hours' notice and receive approval prior to a service schedule modification. V. Specific Turf Care a. St.Augustine i. Provided care shall be in accordance with the University of Florida Cooperative Extension Services Calendar for St. Augustine sod care, culture, and good horticultural practice as shown in Publication ENH 5. St. Augustine grassed areas will be mowed to a height of 4.5" inches on average, depending upon established grass needs, by finish mower or a groom mower. b. Bahia Grass i. Provided care shall be in accordance with the University of Florida Cooperative Extension Services Calendar for Bahia Grass sod care, culture, and good horticultural practice as shown in Publication ENH 6. Bahia grassed areas will be mowed to a height of 3" inches on average, depending upon established grass needs, by finish mower or a groom mower. C. Cutting of Native Grasses i. Service Provider is to cut Native Grasses to no more than 50%of their length. ii. Service Provider is to cut native grasses in late winter to early spring;just prior to new shoot growth. B. Removal of Grass Clippings and debris i. All debris(grass clippings)created by the mowing process is to be removed by mechanical means from all adjacent and contiguous surfaces following all landscaping activities. ii. All clippings and trimming debris will be removed from site as work is completed, or at the end of each day that work is performed. Lawn clippings may be left on the turf areas so long as no readily visible clumps remain on the grass surface after mowing. Otherwise large clumps of clippings will be collected and disposed of by Service Provider. In case of fungal disease outbreaks, all clipping will be collected and properly disposed of until disease is undetectable. No debris bags shall be left on site more than 6 hours. Page 3 of 8 Landscape Maintenance Services Package#2-S.R.434,City of Winter Springs Medians,Right of Ways(ROWS),and Ponds Dawnalee Corporation Exhibit"A" C. Pruning/Trimming Shrubs, hedges, and ornamentals i. Pruning of plants shall be performed as directed to remove dead wood, harboring insects, and disease and to promote maximum health and growth.The finding of insects or disease shall be reported immediately to the City 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. ii. Selective pruning shall be performed as directed by the City Project Manager to remove dead wood or moss. Trees shall be trimmed to maintain the required Department of Transportation clearance of 14'over the roadway. Suckers at the base of trees and branches hanging low into the median so as to impede a lawn mower shall be removed as regular maintenance; buck homing is not permitted unless requested by the City. iii. Ligustrums and shrubbery shall not accumulate more than 2" of growth before being trimmed. iv. All plants shall be maintained to a well-shaped appearance according to each species' natural growth habit unless requested otherwise by the City Project Manager. Flowering shrubs shall be pruned in the proper season to allow full flowering potential for the following flower season. Grouped plantings shall be allowed to form masses appropriate to the species. V. Small leafed shrubs, such as Pittosporum, Azaleas and Indian hawthorn, etc., are to be kept trimmed in a tight, neat appearance,with removal of partial new growth after no more than four inches of new growth appears. vi. Larger leafed shrubs, such as viburnum, may attain new growth reaching from 2" to 4" before removal.At no times are shrubs to display a disorderly appearance. a. Ornamentals,such as crinum lilies,are to be trimmed aggressively during the rainy season to be kept neat and fungus free. This may be as frequent as every other week. b. Sago palms are to be trimmed a minimum of three times a year, or more often,as directed, depending on growth and health. Azaleas are to be trimmed at regular intervals as described above with the exception of the months of October thru March when no trimming should be done to achieve maximum flowering. C. Wax myrtles are to be trimmed aggressively in order to maintain a neat, compact habitat. d. At no time is an herbicide to be used to rid plants of sucker growth. Instead, hand pulling or aggressive trimming routine is to be established. e. All ornamentals that produce any dead fronds (i.e., coontie, sage, aztec grass, holly fem,etc.)are to be systematically checked and cleaned with special attention to early spring cleanup. vii. Dead plant material shall be removed by the Service Provider immediately during the normal service visit and a report filed with the City detailing the location of removal and species removed. D. Weedeater Trimming Page 4 of 8 Landscape Maintenance Services Package#2-S.R.434,City of Winter Springs Medians,Right of Ways(ROWs),and Ponds Dawnalee Corporation Exhibit"A" i. Areas inaccessible to mowing equipment shall be kept neat and trimmed as directed. 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. E. Mulching. Note: Costs for these services are not included in the monthly base maintenance price. Costs for these services are established on the proposal form submitted by the Service Provider, attached hereto as Attachment"1". i. Mulching is to be performed between November 1 and December 25 each year to keep planted areas neat and freshly maintained. Mulch depth to be a minimum total depth of three (3) inches and placed, not dumped, as well as kept from around the immediate base of shrubs. Mulch type to be chosen by the City Project Manager. ii. Beds must be cleared of leaves and other debris by the Service Provider prior to adding new mulch. The intent of doing this will be to prevent unnecessary height growth of the beds. F. Edging i. Edging of all walks, curbs, edging of pavements,and grass invasion shall be done weekly during the heavy growing season and bi-weekly for the remainder of the year. ii. 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. iii. Schedule for edging of soft surfaces such as turf, bed borders, and ground cover shall be performed bi-weekly or more as directed. G. Weeding i. Weeding of all plant bed areas is to be completed as often as necessary to conform to the shrub trimming schedule, to control weed population and maintain healthy plants. ii. Remove weeds, vines and "voluntary" seedlings from planting beds. Weed control in landscaped areas will be accomplished by hand weeding and/or application of round-up and a preemergent herbicide if needed. iii. All weeds in sidewalks or pavement areas(including curbing)shall be chemically controlled or removed by hand. iv. The sod-free rings around trees shall be kept in weed-free condition, and shall be maintained at a diameter determined by the City. V. All mulch areas or plant beds shall be continuously maintained free of weeds or grasses. vi. All turf areas shall be maintained in a weed free condition.Any area that becomes infested with weeds or other undesirable grasses must be treated and or replaced at the cost of the Service Provider. H. Pruning/Tree Trimming (less than 13') i. All trees are to be trimmed as often as necessary to meet public safety requirements and comply with ISA and ANSI Industry Standards for tree care. Trimming of established trees shall be to a minimum of eight (8) foot and a maximum of thirteen (13)foot under canopy and pruned just outside the branch collar by the Service Provider. Page 5 of 8 Landscape Maintenance Services Package#2-S.R.434,City of Winter Springs Medians,Right of Ways(ROWs),and Ponds Dawnalee Corporation Exhibit"A" ii. Note: The costs for trimming palms or crepes greater than 13' are not included in the monthly base maintenance price. Costs for these services are established on the proposal form submitted by the Service Provider, attached hereto as Attachment 1". iii. New or young trees are to be pruned with an ideal under canopy of six (6) feet or to a suitable and healthy height for each tree. iv. 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. V. Dead palm fronds shall be removed as they occur from all palms. Seeds pods shall be removed on an as directed basis from all palms. Trimming of palm fronds shall be conducted with a hand saw. Only dead fronds shall be removed. Palms shall not be trimmed above 9 o'clock and 3 o'clock. I. Removal of Spanish Moss i. Remove all low hanging Spanish Moss in ornamental trees and shrubs. ii. Spanish Moss that is 8' or lower on any tree or ornamental shall be removed when other scheduled tasks are completed at the same frequency. iii. Spanish moss will additionally be removed from time to time at the request of the City. J. Annuals and/or Plant Replacements. Note: Costs for these services are not included in the monthly base maintenance price. Costs for these services are established on the proposal form submitted by the Service Provider, attached hereto as Attachment"1". i. 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 1 as a result of neglect or damage caused by the maintenance operation. ii. Replacement material shall be identical to plant species, quality and specifications of the materials at the time the loss occurs. K. Insect and Disease Control. Note: Costs for these services are not included in the monthly base maintenance price. Costs for these services are established on the proposal form submitted by the Service Provider, attached hereto as Attachment"1". i. The Service Provider shall establish, in conjunction with the City, a preventive program to insure proper care of turf and ornamentals. ii. The Service Provider warrants turf against infestation and disease and will replace same if deemed to be below accepted industry standards(IFAS)by the City. iii. Application times for herbicide and pesticide applications shall be completed by licensed, trained individuals. iv. Plants will be treated chemically as required to effectively control insect infestation and disease as environmental, horticultural and weather conditions permit.The Service Provider is responsible for any damaged areas due to disease or insect infestation. L. Chemical Maintenance-Fertilizer and Herbicide. Note:Costs for these services are not included in the monthly base maintenance price. Costs for these services are established on the proposal form submitted by the Service Provider, attached hereto as Attachment"1".. Page 6 of 8 Landscape Maintenance Services Package#2-S.R.434,City of Winter Springs Medians,Right of Ways(ROWs),and Ponds Dawnalee Corporation Exhibit"A" i. Fertilization and insecticide treatments shall be provided as directed by the City to maintain the health and appearance of all turf and plant material. ii. Soil amendments,fertilizer, nutrients,pesticides,fungicides,pre-emergent, post emergent, and any other chemicals deemed proper, beneficial or required to maintain the turf and plant material by the Service Provider shall be included in the chemical program monthly maintenance fee. iii. Monthly reports may be requested by the City. The reports should outline all treatment provided for the month and any deficits observed. iv. Timely and prompt treatment is to be performed on all areas detected with problems and areas at risk. A 7-10-day follow-up appointment is to be set with the City to ensure eradication of disease or pest problems. Subsequent visits, if necessary, are to be scheduled until the problems no longer exist. M. Irrigation Inspections, Repairs, and Technician Hourly Rates. Note: Costs for these services are not included in the monthly base maintenance price. Costs for these services are established on the proposal form submitted by the Service Provider, attached hereto as Attachment"T'. i. Complete irrigation inspections shall be performed one(1)time per month at minimum. a. All repairs over$50.00 must be pre-approved by the City. b. The Service Provider is not responsible for the cost of irrigation repairs unless Service Provider caused the damages. No payment will be made by the City for heads or parts damaged by the Service Provider. ii. Details of the inspection shall be recorded on a log sheet(to be submitted with the monthly billing)and consist of the following: a. Turning on each zone by number and inspecting each head for the proper coverage, including straightening, adjusting the output of water, adjusting spray pattern and unclogging any heads. b. Repairing and replacing broken heads and lateral lines,as necessary.All replacement parts shall be itemized ion the bill. c. Checking the irrigation controller(s)/clocks at all locations for proper operation and programming. If there are battery controllers on the site, check each for battery life and replace at 75%depletion. d. Checking all zone valves for proper open and closure, making sure to inspect for leaking from the mainline. e. Checking water source for leaking and visual inspection of backflow device,if present. f. Visually inspect turf, planters and trees in irrigated areas for signs of drought stress and effect adjustments and/or repairs to remedy the issue. iii. Service Provider is to immediately prepare an estimate to repair or replace damaged parts on the property within the areas specified in this agreement to meet original specifications with commercial quality irrigation parts. All work performed by Service Provider 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. iv. Labor cost for these services is established on the proposal form for each project. Material costs shall be paid on the basis of approved wholesale documented cost plus 15%for overhead and profit. Page 7 of 8 Landscape Maintenance Services Package#2-S.R.434,City of Winter Springs Medians,Right of Ways(ROWs),and Ponds Dawnalee Corporation Exhibit"A" V. Service Provider is to immediately notify the City if a mainline leak is noticed. Should the Service Provider need to shut down the mainline for any reason, the City must be contacted at:(407)327- 5962. N. Additional Services identified by Scope of Work. Additional identified miscellaneous services, including but not limited to tree removal and stump grinding, may be completed by the Service Provider as needed from time to time. Note:Costs for these services are not included in the monthly base maintenance price. Costs for these identified services are established on the proposal form submitted by the Service Provider, attached hereto as Attachment"1". O. Additional Services outside of Scope of Work, as specifically requested by City. From time to time,the City may request certain services related to but not specifically addressed by the original Scope of Work. Note: Costs for these services are not included in the monthly base maintenance price and are not established on the proposal form submitted by the Service Provider. Service Provider is to prepare proposal for additional work as it is requested by the City prior to commencing with additional work. Prior written approval is required for all additional scope not listed on this document. Page 8 of 8 Landscape Maintenance Services Package#2-S.R.434,City of Winter Springs Medians,Right of Ways(ROWS),and Ponds Dawnalee Corporation Exhibit A - Attachment 1 - Landscape Maintenance Agreement Respondetrt iNatneUµC. � I r Name and Title of PersonI 1 tin: i sMaintenance, - A. ......... .., ., I- _.. i ret r 1a Or r r AIN (p,er tre ) . ... :. +lulah 5uppiied...,, 1 au and installed er cube i Pert ter(per eppiiflicatloti) p. .... Yard .... m D� int ra#ed pest �Mlal agerr�ent .� li�c ati os.............. . per a . on) .. . � D �' �� .. 6 ... �.. .. ........P'RrJIsQrSAL 1 ?t4L w° .....� Pi..ANY '1`REi= AMD©i�C3L_�,�1ND Gp�+E�+th;C°rgr i e�wn� t to be in.cluded ;as Part of proposal review criteria. price to include all components of lnstalf atidn including staking, term in,and one-year warranty. (c I as t I p 1 u s �.. nd cover( 1us SI rubs(Cost plus%) �pelrares Cost plus%) . . Canapy trees(Cost.— ltls 9fi� t nderst (cost ' f �Y.... plus%) o tress Sod(Cast plus .......... .......... . _ . .. .. ..... Page 1 of 2 UNOMMMUMMMMWAMOR, 'CREIi~REMOVAL ANU ST't1h+IP��� t to be Included s part of the proposal review rit rI . Price to Include back MI/sodif heeded. ....._� .... .1 ....... ..,... . . ,.., .. n mm .... ... �. ............... Tree r®rrovel't 2" removal Is" <? T.�. r1 9 11 v I 1 " 71ree removal ..." 1 Not to be Included as part of proposal review criteria unless is note �. ....0 1 ri t ri #s p,lus r r t irrtation 7echniian Hourty Rate �a Signature of peman completing foft; Page 2 of 2 �u M11110 w Almi N ii1� ICI