HomeMy WebLinkAboutDawnalee Corporation Agreement For Landscape Maintenance Services 2010 10 01 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, authorized to conduct
business in Florida ( "Service Provider "), located at 216 Stoner Road, Winter Springs, FL 32708.
WITNESSETH:
WHEREAS, City wishes to obtain Landscape Maintenance Services for Cross Seminole Trail on a
continuing basis; and
WHEREAS, Service Provider participated in the selection and negotiation process; and
WHEREAS, Service Provider is willing to provide such Landscape Maintenance Services for Cross
Seminole Trail 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 This contract shall be for a term of twelve (12) months commencing on October 1, 2010 and
terminating on September 30, 2011. By mutual agreement of both parties hereto, the term of this Agreement may
be extended for two (2) additional one year terms, provided the City determines, in its discretion, that Service
Provider has adequately performed during the previous term of this Agreement. In the event this contract is
extended, the contract price may be adjusted to allow for consumer price increases based on Bureau of Labor
and Statistics - Producer Price Index not to exceed 2 (two) percent. The adjustment will be based on the annual
contract period from the same period of the previous year and calculated prior to renewal. The Agreement may
be canceled in whole or part by the City or the Service Provider, upon giving at least (30) days written notice prior
to cancellation; EXCEPT that non - performance on the part of the Service Provider will be grounds for immediate
termination. Unless otherwise provided in said notice, all work being performed by Service Provider at the time of
receipt of the notice shall immediately cease and no further work shall be provided by Service Provider under this
Agreement.
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:
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a. "Agreement" or "Contract" shall be used interchangeably and shall refer to this
Agreement, as amended from time to time, which shall constitute authorization
for the Service Provider to provide the maintenance services approved by the
City.
b. "Effective Date" shall be the date on which the last signatory hereto shall execute
this Agreement, and it shall be the date on which this Agreement shall go into
effect. The Agreement shall not go into effect until said date.
c. "Service Provider" shall mean Dawnalee Corporation, a Florida Corporation,
and its principals, officers, employees, and agents.
d. "Public Record" shall have the meaning given in Section 119.011(1), Florida
Statutes.
e. "Work" or "Services" shall be used interchangeably and shall include the
performance of the work agreed to by the parties in this Agreement.
f. "City Project Manager" or "Designated Representative" or "Project Director" shall mean the Urban
Beautification Services Manager for the City, or his designee, who is to provide the general
administration of the Agreement.
3.0 SCOPE OF SERVICES
3.1 Service Provider shall provide those Landscape Maintenance Services for Cross Seminole
Trail, for the City of Winter Springs, as set forth in the "Scope of Work," attached hereto as Exhibit 'A' and fully
incorporated herein by this reference, including the furnishing of all labor, equipment, tools, materials, incidentals
and the performing of all operations necessary as described in the Project Manual.
4.0 CHANGES IN THE SCOPE OF WORK
4.1 City may make changes in the Services at any time by giving written notice to Service Provider. If
such changes increase (additional services) or decrease or eliminate any amount of Work, City and Service
Provider will negotiate any change in total cost or schedule modifications. If the City and the Service Provider
approve any change, the Contract will be modified in writing to reflect the changes. All change orders shall be
authorized in writing by City's and Service Provider's designated representative.
4.2 All of City's amendments thereto shall be performed in strict accordance with the terms of this
Agreement insofar as they are applicable.
5.0 SCHEDULE
5.1 Service Provider shall perform services in conformance with the schedule reasonably established
by the City Project Manager. Service Provider shall complete all of said services in a timely manner and will keep
City apprized 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 the Services provided pursuant to the Agreement, the City agrees to pay
Service Provider a sum not to exceed Nineteen Thousand Five Hundred Dollars ($19,500). If this Agreement is
extended, the total annual amount paid to Service Provider shall not exceed the above mentioned number
adjusted by the Producer Price Index as set forth in paragraph 2.1 of this Agreement.
6.2 Additional Services. From time to time during the term of this Agreement, City may request that
Service Provider perform additional Services not required under the Project Manual. For those additional services
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agreed upon by the City and Service Provider in writing, City agrees to pay Service Provider a total amount equal
to that mutually agreed upon by the parties in writing.
6.3 Payment. Upon receipt of a proper invoice from Service Provider, the City agrees to pay the
Service Provider the invoice amount providing said amount accurately reflects the terms and conditions of this
Agreement. Invoices may only be submitted on a monthly basis unless otherwise agreed by the City. Unless
otherwise agreed in writing by the City, there shall be no other compensation paid to the Service Provider and its
principals, employees, and independent professional associates and consultants in the performance of Work
under this Agreement. The City agrees to make all payments due within thirty (30) days of receipt of a proper
invoice delivered by Service Provider. The Service Provider may only bill the City for actual work performed.
7.0 RIGHT TO INSPECTION
7.1 City or its affiliates shall at all times have the right to review or observe the services performed by
Service Provider.
7.2 No inspection, review, or observation shall relieve Service Provider of its responsibility under this
Agreement.
8.0 AUDIT AND INSPECTIONS
All Service Provider's records with respect to any matters covered by this Agreement shall be made
available to the City, at any time during normal business hours, as often as the City deems necessary, to audit,
examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be
fully cleared by the Service Provider within thirty (30) days after receipt by the Service Provider. Failure of the
Service Provider to comply with the above audit requirements will constitute a material breach of this Agreement
and may result, at the sole discretion of the City, in the withholding of payment for services provided under this
Agreement.
9.0 PROFESSIONALISM AND STANDARD OF CARE
9.1 Service Provider shall do, perform and carry out in a professional manner all
Services required to be performed by this Agreement. Service Provider shall also use the degree of care and skill
in performing the Services that are ordinarily exercised under similar circumstances by reputable members of
Service Provider's profession working in the same or similar locality as Service Provider.
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.
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:
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a. Service Provider is duly registered and licensed to do business in the State of Florida
and is in good standing under the laws of Florida, and is duly qualified and authorized
to carry on the functions and operations set forth in this Agreement.
b. The undersigned signatory for Service Provider has the power, authority, and the
legal right to enter into and perform the obligations set forth in this Agreement and all
applicable exhibits thereto, and the execution, delivery, and performance hereof by
Service Provider has been duly authorized by the board of directors and /or president
of Service Provider. In support of said representation, Service Provider agrees to
provide a copy to the City of a corporate certificate of good standing provided by the
State of Florida prior to the execution of this Agreement.
c. Service Provider is duly licensed under all local, state and federal laws to provide the
Services stated in paragraph 3.0 herein. In support of said representation, Service
Provider agrees to provide a copy of all said licenses to the City prior to the execution
of this Agreement.
13.0 WORK IS A PRIVATE UNDERTAKING
13.1 With regard to any and all Work performed hereunder, it is specifically understood and agreed to
by and between the parties hereto that the contractual relationship between the City and Service Provider is such
that the Service Provider is an independent contractor and not an agent of the City. The Service Provider, its
contractors, partners, agents, and their employees are independent contractors and not employees of the City.
Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent
contractor, between the City, on one hand, and the Service Provider, its contractors, partners, employees, or
agents, during or after the performance of the Work under this Agreement.
14.0 PROGRESS MEETING
14.1 City Project Manager may hold periodic progress meetings on a monthly basis, or more
frequently if required by the City, during the term of work entered into under this Agreement. Service Provider's
Project Manager and all other appropriate personnel shall attend such meetings as designated by the City Project
Manager.
15.0 SAFETY
15.1 Service Provider shall be solely and absolutely responsible and assume all liability for the safety
and supervision of its principals, employees, contractors, and agents while performing Services provided
hereunder.
16.0 INSURANCE
16.1 Liability Amounts. During the term of this Agreement, Service Provider shall be responsible for
providing the types of insurance and limits of liability as set forth below.
a. The Service Provider shall maintain comprehensive general liability insurance in the minimum
amount of $1,000,000 as the combined single limit for each occurrence to protect the Service
Provider from claims of property damages which may arise from any Services performed
under this Agreement whether such Services are performed by the Service Provider or by
anyone directly employed by or contracting with the Service Provider.
b. The Service Provider shall maintain comprehensive automobile liability insurance in the
minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000
property damage as the combined single limit for each occurrence to protect the Service
Provider from claims for damages for bodily injury, including wrongful death, as well as from
claims from property damage, which may arise from the ownership, use, or maintenance of
owned and non -owned automobiles, including rented automobiles whether such operations
be by the Service Provider or by anyone directly or indirectly employed by the Service
Provider.
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c. The Service Provider shall maintain, during the life of this Agreement, adequate Workers'
Compensation Insurance in at least such amounts as are required by law and Employer's
Liability Insurance in the minimum amount of $1,000,000 for all of its employees performing
Work for the City pursuant to this Agreement.
16.2 Special Requirements. Current, valid insurance policies meeting the requirements
herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of
Insurance shall be provided to the City by Service Provider upon the Effective Date of this Agreement which
satisfied the insurance requirements of this paragraph 16.0. Renewal certificates shall be sent to the City 30 days
prior to any expiration date. There shall also be a 30 -day advance written notification to the City in the event of
cancellation or modification of any stipulated insurance coverage. The City shall be an additional named
insured on all stipulated insurance policies as its interest may appear, from time to time.
16.3 Independent Associates and Consultants. All independent contractors or agents employed
by Service Provider to perform any Services hereunder shall fully comply with the insurance provisions contained
in these paragraphs for sections 15 and 16.
17.0 COMPLIANCE WITH LAWS AND REGULATIONS
17.1 Service Provider shall comply with all requirements of federal, state, and local laws, rules,
regulations, standards, and /or ordinances applicable to the performance of Services under this Agreement.
18.0 DOCUMENTS
18.1 Public Records. It is hereby specifically agreed that any record, document, computerized
information and program, audio or video tape, photograph, or other writing of the Service Provider and its
independent contractors and associates related, directly or indirectly, to this Agreement, may be deemed to be a
Public Record whether in the possession or control of the City or the Service Provider. Said record, document,
computerized information and program, audio or video tape, photograph, or other writing of the Service Provider
is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written
approval of the City's City Manager. Upon request by the City, the Service Provider shall promptly supply copies
of said public records to the City. All books, cards, registers, receipts, documents, and other papers in connection
with this Agreement shall at any and all reasonable times during the normal working hours of the Service Provider
be open and freely exhibited to the City for the purpose of examination and /or audit.
18.2 The Service Provider acknowledges that the City is a Florida municipal corporation and subject to
the Florida Public Records Law. Service Provider agrees that to the extent any document produced by Service
Provider under this Agreement constitutes a Public Record; Service Provider shall comply with the Florida Public
Records Law.
19.0 ASSIGNMENT
19.1 Service Provider shall not assign or subcontract this Agreement, or any rights or any monies due
or to become due hereunder without the prior, written consent of City.
19.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by
Service Provider, Service Provider shall be fully responsible to City for all acts and /or omissions performed by the
subcontractor as if no subcontract had been made.
19.3 If City determines that any subcontractor is not performing in accordance with this Agreement,
City shall so notify Service Provider who shall take immediate steps to remedy the situation.
19.4 If any part of this Agreement is subcontracted by Service Provider, prior to the commencement of
any Work by the subcontractor, Service Provider shall require the subcontractor to provide City and its affiliates
with insurance coverage as set forth by the City.
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20.0 TERMINATION; DEFAULT BY SERVICE PROVIDER AND CITY'S REMEDIES
20.1 The City reserves the right to revoke and terminate this Agreement and rescind all rights and
privileges associated with this Agreement, without penalty, in the following circumstances, each of which shall
represent a default and breach of this Agreement:
a. Service Provider defaults in the performance of any material covenant or condition of this Agreement
and does not cure such other default within fourteen (14) calendar days after written notice from the
City specifying the default complained of, unless, however, the nature of the default is such that it
cannot, in the exercise of reasonable diligence, be remedied within fourteen (14) calendar days, in
which case the Service Provider shall have such time as is reasonably necessary to remedy the
default, provided the Service Provider promptly takes and diligently pursues such actions as are
necessary therefor; or
b. Service Provider is adjudicated bankrupt or makes any assignment for the benefit of creditors or
Service Provider becomes insolvent, or is unable or unwilling to pay its debts; or
c. Service Provider has acted negligently, as defined by general and applicable law, in performing the
Services hereunder; or
d. Service Provider has committed any act of fraud upon the City; or
e. Service Provider has made a material misrepresentation of fact to the City while performing its
obligations under this Agreement; or
f. Service Provider is experiencing a labor dispute which threatens to have a substantial, adverse
impact upon performance of this Agreement without prejudice to any other right or remedy City may
have under this Agreement.
20.2 Notwithstanding the aforementioned, in the event of a default by Service Provider, the City shall have
the right to exercise any other remedy the City may have by operation of law, without limitation, and without any
further demand or notice. In the event of such termination, City shall be liable only for the payment of all unpaid
charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the
effective date of termination.
21.0 FORCE MAJEURE
21.1 Any delay or failure of either party in the performance of its required obligations hereunder shall
be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage;
strikes (except involving Service Providers labor force); extraordinary breakdown of or damage to City's affiliates'
generating plants, their equipment, or facilities; court injunction or order; federal and /or state law or regulation;
order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided
that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be
diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for
sixty days, either party may terminate this Agreement.
22.0 GOVERNING LAW & VENUE
22.1 This Agreement is made and shall be interpreted, construed, governed, and enforced in
accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole
County, Florida. Venue for any federal action or litigation shall be Orlando, Florida.
23.0 HEADINGS
23.1 Paragraph headings are for the convenience of the parties only and are not to be construed as
part of this Agreement.
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24.0 SEVERABILITY
24.1 In the event any portion or part thereof of this Agreement is deemed invalid, against public policy,
void, or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the City, shall
negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of
the remaining parts of this Agreement shall otherwise be fully enforceable.
25.0 INTEGRATION; MODIFICATION
25.1 The drafting, execution, and delivery of this Agreement by the Parties have been induced by no
representations, statements, warranties, or agreements other than those expressed herein. This Agreement
embodies the entire understanding of the parties, and there are no further or other agreements or understandings,
written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to
herein. Modifications of this Agreement shall only be made in writing signed by both parties.
26.0 WAIVER AND ELECTION OF REMEDIES
26.1 Waiver by either party of any terms or provision of this Agreement shall not be considered a
waiver of that term, condition, or provision in the future.
26.2 No waiver, consent, or modification of any of the provisions of this Agreement shall be binding
unless in writing and signed by a duly authorized representative of each party hereto.
27.0 THIRD PARTY RIGHTS
27.1 Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than
City and Service Provider.
28.0 PROHIBITION AGAINST CONTINGENT FEES
28.1 Service Provider warrants that it has not employed or retained any company or person, other than
a bona fide employee working solely for the Service Provider, to solicit or secure this Agreement, and that it has
not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee
working solely for the Service Provider, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement.
29.0 NO JOINT VENTURE
29.1 Nothing herein shall be deemed to create a joint venture or principal -agent relationship between
the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any
manner which would indicate any such relationship with the other party.
30.0 ATTORNEY'S FEES
30.1 Should either party bring an action to enforce any of the terms of this Agreement, the prevailing
party shall be entitled, to the extent permitted by law, to recover from the non - prevailing party the costs and
expenses of such action including, but not limited to, reasonable attorney's fees, whether at settlement, trial or on
appeal.
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31.0 COUNTERPARTS
31.1 This Agreement may be executed in any number of counterparts, each of which when so
executed and delivered shall be considered an original agreement; but such counterparts shall together constitute
but one and the same instrument.
32.0 DRAFTING
32.1 City and Service Provider each represent that they have both shared equally in drafting this
Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event
of a dispute between the parties.
33.0 NOTICE
33.1 Any notices required to be given by the terms of this Agreement shall be delivered by hand or
mailed, postage prepaid to:
For Service Provider:
Dawnalee Corporation
216 Stoner Road
Winter Springs, FL 32708
For City:
City of Winter Springs
Urban Beautification Manager
1126 East State Road 434
Winter Springs, FL 32708
Phone: (407) 327 -5976
Facsimile: (407) 327 -6695
33.2 Either party may change the notice address by providing the other party written notice of the
change.
34.0 SOVEREIGN IMMUNITY
34.1 Nothing contained in this Agreement shall be construed as a waiver of the City's right to
sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential
liability under state or federal law.
35.0 INDEMNIFICATION
35.1 For all Services performed pursuant to this Agreement, the Service Provider agrees to the fullest extent
permitted by law, to indemnify and hold harmless the City and its commissioners, employees, officers, and city
attorneys (individually and in their official capacity) from and against all claims, losses, damages, personal injuries
(including but not limited to death), or liability (including reasonable attorney's fees through any and all
administrative, trial and appellate proceedings), directly or indirectly arising from:
a. any default under this Agreement by Service Provider;
b. any negligent act, omission or operation of work related to all Services performed
under this Agreement by Service Provider, and its employees, principals, agents,
independent contractors, and consultants.
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c. the acts, errors, omissions, intentional or otherwise, arising out of or resulting
from Service Provider's and its employees, partners, contractors, and agents on
the performance of the Services being performed under this Agreement;
d. Service Provider's, and its employees, partners, contractors, and agents failure
to comply with the provisions of any federal, state, or local laws, ordinance, or
regulations applicable to Service Provider's and its employees, partners,
contractors, and agents performance under this Agreement;
e. any fraud and misrepresentation conducted by Service Provider and its
employees, partners, contractors, and agents on the City under this Agreement.
35.2 The indemnification provided above shall obligate the Service Provider to defend at its own
expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of
liability and all suits and actions of every name and description that may be brought against the City or its
commissioners, employees, officers, and City Attorney which may result from any negligent act, omission or
operation of work related to the Services under this Agreement whether the Services be performed by the Service
Provider, or anyone directly or indirectly employed by them. In all events the City and its commissioners,
employees, officers, and City Attorney shall be permitted to choose legal counsel of its sole choice, the fees for
which shall be reasonable and subject to and included with this indemnification provided herein.
36.0 ORDER OF PRECEDENCE
36.1 In case of any inconsistency in any of the documents bearing on the Agreement between the City
and the Service Provider, the inconsistency shall be resolved by giving precedence in the following order:
a. Addenda to this Agreement subsequent to the Effective date of this Agreement;
b. This Agreement;
c. Exhibits to this Agreement; and
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.
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•
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by
their duly authorized representatives as of the date first written above.
SERVICE PROVIDER:
f eleil/V/9 /
Nap49 (Printed Signed)
Title
Date
CITY:
CITY OF WINTER SPRINGS, FLORIDA -
A Florida muni ipal corpora •
KEV L. SMITH
Ci Manag r
Date
ATTv .
I\ �
AND r'3; LORENZO - LUACES, City Clerk
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Exhibit 'A'
GENERAL CONDITIONS
1. SCOPE
The scope of work includes furnishing Landscape Maintenance Services for the Cross Seminole Trail in
Winter Springs as described including all labor, equipment, tools, materials, and incidentals, and performing
of all operations necessary as described in the Project Manual.
2. ENGINEERS
The Owner is the Engineer on this project.
3. APPLICABLE SPECIFICATIONS AND REQUIREMENTS
All work to be performed on this project shall conform to applicable specifications and requirements included
(or referenced) in these Contract Documents.
4. PERMITS, LICENSES AND REGULATIONS
The Service Provider shall procure and pay for all permits, licenses, and bonds necessary for the prosecution
of the Work, and /or required by municipal, State and federal regulations, laws and procedures, unless
specifically provided otherwise in the Contract Documents. The Owner shall provide all required easements.
The Service Provider shall give all notices, pay all fees, and comply with all federal, state and municipal laws,
ordinances, rules and regulations and codes bearing on the conduct of the Work. This Contract, as to all
matters not particularly referred to and defined herein, shall notwithstanding, be subject to the provisions of all
pertinent ordinances, codes and normal regulatory procedures of the municipality or other political subdivision
within whose limits the Work is constructed, which ordinances, codes and procedures are hereby made a part
hereof with the same force and effect as if specifically set out herein.
The Service Provider must obtain a City Arbor license within (30) days of execution of this agreement. The
Service Provider must have a valid state or a neighboring municipality Irrigation Repair License prior to
execution of this agreement. Contractor or approved sub - Contractor must have a valid state Certified Pest
Control Operator's License.
5. PERFORMANCE AND PAYMENT BONDS (not used)
6. BID BOND (not used)
7. INSURANCE AND HOLD HARMLESS INDEMNIFICATION
Hold Harmless Agreement - To the fullest extent permitted by laws and regulations Service Provider shall
indemnify and hold harmless Owner and their consultants, agents and employees from and against all claims,
damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges
of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or
resulting from the performance of the Work, provided that any such claim, damage, loss or expenses (a) is
attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property other
than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any
negligent act or omission of Service Provider, any Subcontractor, any person or organization directly or
indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of
them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or
arises by or is imposed by Law and Regulations regardless of the negligence of any such party.
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In any and all claims against Owner or any of their consultants, agents or employees by any employee of
Service Provider, any Subcontractor, any person or organization directly or indirectly employed by any of
them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the
indemnification obligation under the previous paragraph shall not be limited in any way by any limitation on
the amount or type of damages, compensation or benefits payable by or for Service Provider or any such
Subcontractor or other person or organization under workers' or workmen's compensation acts, disability
benefit acts or other employee benefit acts.
Service Provider's Liability Insurance - The Service Provider shall not commence any work under this
Contract until he has obtained all insurance required under this paragraph. Service Provider shall purchase
and maintain such comprehensive general liability and other insurance as is appropriate for the Work being
performed and furnished and as will provide protection from claims set forth which may arise out of or result
from Service Provider's performance and furnishing of the Work and Service Provider's other obligations
under the Contract Documents, whether it is to be performed or furnished by Service Provider, by any
Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work,
or by anyone for whose acts any of them may be liable. The insurance required by this paragraph shall
include the specific coverage's and be written for not less than the limits of liability and coverage's provided or
required by law, whichever is greater. The comprehensive general liability insurance shall include completed
operations insurance. The comprehensive general liability insurance shall also include Contractual Liability
Insurance applicable to Service Provider's obligations under the Hold Harmless Indemnification. All of the
policies of insurance so required to be purchased and maintained (or the certificates or their evidence thereof)
shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed
or renewal refused until at least thirty days' prior written notice has been given to Owner by certified mail. All
such insurance shall remain in effect until final payment and at all times thereafter when Service Provider may
be correcting, removing or replacing defective work in accordance with the Contract Documents. Service
Provider's General Liability Insurance shall include the Owner, and Owner's consultants as insured or
additional insured which may be accomplished by either an endorsement of Service Provider's
Comprehensive General Liability policy or by Service Provider's carrier issuing a separate protection liability
policy.
Various types of coverage and corresponding limits are further described under Article 16.0 of the Agreement
(Section 00500).
8. SALES TAX
The Service Provider shall include in his bid, and shall pay, all Florida State sales tax and other local, State,
and Federal taxes in accordance with existing laws and regulations.
9. LAYOUT OF WORK (not used)
10. CHANGES IN THE WORK
The owner may, at any time, or from time to time, without invalidating the Agreement order alterations,
deletions or revisions in the Work by written Change Order or Field Order. Upon receipt of any such order
Service Provider shall promptly proceed with the Work involved which shall be performed under the
applicable conditions of the Contract Documents.
Any deviations from these specifications, plans and contract documents, must be approved by the Owner in
advance of the construction either by a written and executed Change Order or a written Field Order.
The Service Provider agrees that he will do such work as may be required for the proper execution of the
whole work herein contemplated, including all labor, equipment and materials reasonably necessary for the
proper completion of the work. The Service Provider agrees that he will make no claim for extra work unless
that material or work is not covered by, or properly inferable from the Contract Documents. If the Service
Provider makes a claim for an extra or additional cost and requests a Change Order be issued prior to
performing the work, and the Owner renders a decision denying such request, the Service Provider must
notify the Owner in writing within 3 days of the time that the Service Provider is informed of the Owner's
decision. Otherwise the Owner will not consider any such difference as a claim for a Change Order or
additional payment or time. Any such written notice received by the Owner from the Service Provider within
the 3 -day period shall be just reason for the Owner to re- evaluate his previous decision.
12
11. DEFINITION AND COORDINATION OF CONTRACT DOCUMENTS
The Advertisement for Bids, Proposal and Agreement, General Conditions, Special Conditions, and addenda,
any change orders, the drawings and specifications, and any supplementary documents are essential parts of
this contract, and together constitute the Contract Documents. Any item shown on the drawings shall be
considered as included in the specifications, whether specifically mentioned therein or not, and vice versa.
Any errors or omissions as to standards or work in the drawings and specifications shall in no way relieve the
Service Provider of the obligation to furnish a first -class job in accordance with the best standard practice and
in accordance with the intent of the Contract Documents.
A. In case of conflict, the precedence of the Contract Documents shall be as follows:
1. Service Provider's Bid (Proposal) and Agreement
2. Change Orders
3. Special Conditions
4. Advertisement
5. Instructions to Bidders
6. General Conditions
7. Drawings
An addendum issued prior to bid, may modify any of the contract documents in existence at that time.
The addendum takes precedence over the previous issue of the contract document being modified.
12. FINAL DRAWINGS (not used)
13. CONSTRUCTION SCHEDULE (not used)
14. PAYMENTS
The Contractor shall give a detailed invoice and written report at the end of each month describing the work
performed at each of the designated locations listed in this agreement. If any repair work, or plantings were
made during the month, a detailed description of the work performed, plantings and /or repairs are to be listed
with their respective locations and attached to the invoice. The City Representative prior to processing for
payment will review these invoices. In case of any conflicts, an inspection of the area and work in question
will be made by the City Representative and an authorized representative of the Contractor at a time agreed
upon by both parties not more than five (5) working days after receipt of invoices. Once the City
Representative has approved the invoices, payment will be thirty (30) days thereafter.
A. Payments may be withheld if:
1. Work is found defective and not remedied;
2. Repairs or replacements have not been made for which the Contractor is responsible;
2. Contractor does not make prompt and proper payments to subcontractors;
3. Contractor does not make prompts and proper payments for labor, materials, or equipment furnished him;
4. Another Contractor is damaged by an act for which Contractor is responsible;
5. Claims or liens are filed on the job; or
6. In the opinion of the City of Winter Springs, Contractor's work is not progressing satisfactorily.
15. PAYMENTS WITHHELD
The Owner will disburse, and shall have the right to act as agent for the Service Provider in disbursing such
funds as have been withheld pursuant to Section 00700, paragraph 14, to the party or parties who are entitled
to payment there from. The Owner will render to the Service Provider a proper accounting of all such funds
disbursed in behalf of the Contract. Neither the final payment nor any part of the retained percentage shall
become due until the Service Provider, if required, shall deliver to the Owner his written one year guarantee
on the work and a complete release of liens arising out of this Contract, or receipts in full in lieu thereof, and, if
13
required in either case, an affidavit that so far as he has knowledge or information, the releases and receipts
include all the labor and material for which a lien could be filed; but the Service Provider may, if any
subcontractor refuses to sign a release or receipt in full, furnish a bond satisfactory to the Owner, to indemnify
himself against any lien. If any lien remains unsatisfied after all payments are made, the Service Provider
shall refund to the Owner all monies that the latter may be compelled to pay in discharging such a lien,
including all costs and a reasonable attorney's fee.
16. OWNER'S RIGHT TO TERMINATE THE CONTRACT
17. GENERAL GUARANTEE (not used)
18. APPAREL
All service provider personnel shall maintain a professional, neat and appropriate appearance when on job
site in order to reflect the standards of the community. Marked uniforms shall be worn when working on the
project. Footwear shall conform to the appropriate OSHA standards.
END OF SECTION
14
SECTION 01010 — Exhibit 'A' Continued
SUMMARY OF WORK
SCHEDULE OF LANDSCAPE MAINTENANCE SERVICES
MAINTENANCE CODE FREQUENCY
1. MOW A. WEEKLY
2. TRIM HEDGES B. BI- WEEKLY
3. WEEDEATER C. MONTHLY
4. MULCH -3" DEEP D. SEMI - ANNUAL
5. EDGING E. AS NEEDED
6. WEEDING F. ANNUALLY
7. PRUNING G. 3X PER YEAR
8. TRASH PICK -UP H. BI- MONTHLY
9. FERTILIZATION I. AS REQUESTED
10. ANNUALS (NOT IN PRICE)
11. INSECT CONTROL
12. TURF HERBICIDE (St. Augustine Only)
13. TRIMMING OF TREES (ONLY ALONG SERVICE AREA)
14. IRRIGATION MAINTENANCE
MAINTENANCE /FREQUENCY CODE SEASONAL VARIATION
A B
MONTH MONTH
ITEM# & DESCRIPTION 03/01 THRU 09/30 10/01 THRU 02/28
1. Trail 1A, 2E, 3A, 5B, 8A, 1B, 3B, 4F, 5E, 8E,
6B, 7E, 13E 6E, 7E, 13E
2. Bridge at SR 434 1A, 2B, 3A, 5B, 8A, 1B, 2E, 3E, 5E, 8A,
6B, 2E, 11E, 9G, 11E, 7E, 6B, 9G, 4F,
7E, 13E, 14C 6E, 14C
3. Creek Bridge 7E, 13E 7E, 13E
LOCATIONS AND SCOPE
1. Cross Seminole Trail
Just south (approx. 30') of the south entrance onto the SR 434 Cross Seminole Trail Overpass Bridge,
heading North West along the trail to the Layer Elementary entrance road (current end of the trail).
Maintain each side of trail to project boundaries which is usually 2 to 8 passes with a 50" mower deck, but
this varies in many areas. Includes small medians at each Trail Head.
2. SR 434 Bridge
SR434 Cross Seminole Trail Overpass, located just east of Tuskawilla Road. No work is performed on
the actual bridge itself. Beds under and around bridge are included. Service area has irrigation with
timer being located on the South West side of SR 434 by the power boxes.
3. Cross Seminole Trail (Creek) Bridge
Located between the Seminole County Bus Yard (Consolidated Services) and Layer Elementary School.
Keep vines from growing over hand railings and onto bridge. Trim any overhanging tree limbs and
foliage.
15
1. GENERAL
1.1 Work Covered by Contract Documents
4. The work to be performed under this Contract consists of landscape maintenance services for the Cross
Seminole Trail in Winter Springs. Perform all work in accordance with the Contract Documents. Furnish
all materials, equipment, tools, and labor which are reasonably and properly inferable and necessary for
the proper completion of the work, whether specifically indicated in the Contract Documents or not.
B. The Contractor shall be obligated, at its expense, immediately or promptly to repair to the City's
Representative's satisfaction, any damage to exterior plantings, or irrigation systems or any other
property within the areas specified in this agreement. In the event the contractor has not repaired
any such damage within reasonable time, as determined by the City's Representative, the City
may repair such damage and deduct such cost from the next payment due to the Contractor. The
Contractor shall be liable to the City for any such cost in excess of the amount deducted by the
City.
C. The Contractor shall be obligated to immediately notify the City Representative verbally and
follow in writing within twenty-four (24) hours after the event of any damage which the Contractor
discovers, or should have discovered in the exercise of reasonable care, whether or not such
damage was caused by the Contractor.
D. Prior to the commencement of work on this contract, an authorized representative of the
Contractor and the Designated Representative of the City may perform a video condition survey
of all exterior plantings at each of the designated areas of the City covered by this Agreement.
The Contractor and the City shall jointly prepare and sign a written report of the condition survey
which shall describe the condition and location of all unhealthy plants
E. During the 30 day period preceding the expiration of the term of this Agreement, or, in the event
of an earlier termination a 30 day period following the termination, a final condition survey may be
made jointly by the City Representative and the Contractor. This survey shall establish a punch
list of plantings and material that do not meet the specifications and that must be replaced prior to
the final completion of the contract. If the plantings and materials so identified are not replaced,
an appropriate amount shall be withheld from the final payment.
2. CONTRACT
2.1 General
A. This project shall be maintained under a unit price contract.
B. The project as shown on the Drawings and described in these specifications constitutes the work
to be performed under this contract.
3. SAFETY REQUIREMENTS
3.1 General
A. Any equipment and tools used in performing the work under this Agreement shall conform to the
Florida Department of Transportation - Manual of Uniform Traffic Devices.
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).
16
C. Contractor shall follow proper Maintenance of Traffic (MOT) procedures set forth by the Florida
Department of Transportation (FDOT) while working under this agreement.
END OF SECTION
17
SECTION 01100 — Exhibit 'A' Continued
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 growing season. Dormant and growing seasons are dictated by weather and therefore may change per
the City's Representative, but otherwise shall be:
Heavy Growing Season - March 1 thru September 30
Dormant Growing Season - October 1 thru February 28
All 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. At no time shall more than one -third (1/3) of the leaf surface be
removed in one mowing.
Prior to and during the mowing process, turf and bed areas must be cleaned of: paper, bottles, cans,
limbs and all other debris (as well as misplaced dirt or sand). Trash must also be removed from areas
immediately bordering site and actual site locations. Areas are to look clean, neat and free of debris at all times.
Debris that accidentally become shredded by lawn equipment during the mowing process must be completely
removed before leaving the site.
Any clipping and /or 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 Contractor. 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 5 hours.
2.0 MULCHING
Mulching to be performed during the dormant growing season as per the service schedule 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. Pine Bark mulch is to be used
unless the City requests a change to recycled mulch.
3.0 EDGING
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. 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 WEEDEATING
Areas inaccessible to mowing equipment shall be kept neat and trimmed as needed. Trimming of grass
and weeds around any fixed objects (walls, light posts, light fixtures, equipment boxes, pond structures, sign
posts and trees) will be done through chemical control within a limit of six inches (6 ") maximum or trimmer so as
not to inflict damage of any kind to structure, equipment or tree.
18
5.0 PRUNING SHRUBS AND ORNAMENTALS
Pruning of plants shall be performed as needed 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 Representative so as to limit losses. Aesthetic pruning shall consist of removal of dead or broken branches.
Pruning shall be performed to balance infiltration Tight to enhance new growth.
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 that four inches of new growth appears.
Larger leafed shrubs, such as viburnum, 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 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 done to achieve maximum flowering. Wax myrtles are
to be trimmed aggressively in order to maintain a neat, compact habitat. 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. All
ornamentals that produce any dead fronds (i.e., coontie, sage, aztec grass, holly fern, etc.) are to be
systematically checked and cleaned with special attention to early spring cleanup.
6.0 PLANT REPLACEMENT
The Contractor 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. Replacement material shall be identical to plant species, quality and specifications of the
materials at the time the loss occurs.
7.0 TREE TRIMMING
All trees are to be trimmed to meet industry standards. Trimming of established trees is to be done to a
maximum of ten (10) foot under canopy and pruned just outside the branch collar. New or young trees are to be
trimmed with an ideal under canopy of seven (7) feet or as appropriate for the size and health of each tree.
Sucker growth is to be removed by hand or trimmer 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 seeds and fronds dropping to the ground
and not as severely as the hurricane cut. Ligustrum and Holly trees are to be maintained per industry standards or
as specified by City's Representative.
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 WEEDING
Weeding of all plant bed areas is to be as often as necessary to conform to the shrub trimming schedule,
to control weed population and maintain healthy plants. 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 pre- emergent herbicide if needed. All weeds in sidewalks or pavement areas (including curbing)
shall be chemically controlled or removed by hand.
9.0 ANNUALS (As Requested — NOT INCLUDED)
Annuals are to be changed four (4) times per year as determined by Owner or City's Representative for
each seasonal change. A schedule shall be determined and agreed upon by both Owner and Service Provider.
Bed preparations are to consist of 14 -14 -14 Granular fungicide and Cavalier Subdue GR. along with any added
soil preparations or enhancements needed to facilitate strong healthy growing annuals.
19
10.0 IRRIGATION (Currently only at SR 434 Bridge)
The Service Provider shall provide irrigation inspections one (1) time per month at minimum. The
scheduled inspection shall consist of turning on each zone and inspecting each head for the proper coverage,
including straightening, or adjusting the flow of water and adjusting or unclogging any heads. If any heads or
parts are defective, and the defect or damage was not caused by the Service Provider, the Service Provider will
replace the parts at that time, billing only for the parts, and all parts to be given to the Owner or City
Representative for inspection with the monthly invoice.
The Service Provider shall submit a detailed report, at the time of billing of each monthly service,
consisting of the clock and location, each zone by number, any repairs or work performed during that service. All
parts used will be itemized on the bill with a maximum of $ 150.00 to be spent without approval during the regular
monthly scheduled maintenance visits. If additional money is needed for any repairs, the Owner or City
Representative must be given a detail report of the repair and the cost involved 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 within the areas specified in this
agreement to meet plant replacement specifications or original irrigation parts. All work performed by Contractor
to meet industry standards.
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 '/ ", clock or wiring problems, or lines under sidewalks or
roadways. Labor cost for these services is established in the bid calculation sheet of SECTION 00300, BID
FORM. Material costs shall be paid on the basis of approved wholesale documented cost plus 15% for overhead
and profit.
Mainline breaks before the zone valves shall be repaired by Owner unless otherwise instructed.
Contractor is to immediately 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 before action is taken in any circumstance.
11. CHEMICAL PROGRAM
1.1 FERTILIZATION /PEST CONTROL- TURF (Not Used)
20
. , . .
Service Area Map -Exhibit 'A' Continued
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1*
CROSS SEMINOLE TRAIL 1 \
HOWELL BRAattH
City of Mater Springs Maintenance Area ', ---',”
Landscape Maintenance \ `,, , .. ::, * > ,
• Service area begins just South of the Southern entrance to the SR 434 Bridge Overpass. Access is located off of
Gardena Avenue, adjacent to State Road 434, 2 blocks past the Cross Seminole Bridge (heading east on SR 434
from Tuskawilla Road) at the Gardena Road Trail Head; proceed on the trail to the bridge entrance area.
• Service area ends at the entrance road to Layer Elementary School off of SR 419.
• Cross Seminole Trail is to be maintained on both sides up to the edge of sodded areas, wooded areas, fences, or
property lines; where applicable.
21
City of Winter
Springs
Memo
To: City Clerk's Office
From: Steven T. Richart, Urban Beautification Manager
CC: Kevin Smith, City Manager
Date: 8/11/2010
Re: Cross Seminole Trail Landscape Maintenance
Dear City Clerks:
Please find three (3) originals of the Agreement for Landscape Services for Cross Seminole Trail that
requires signature of the City Manager for execution. The agreement was bid to three vendors with the
base contract cost as follows:
• Annan Landscaping $19,500
• Dawnalee Corporation $19,500
• Eastwood Tuff Turf-, Inc. $21,720
Due to the fact that there are two bids submitted at the exact same price, I am recommending
Dawnalee Corporation over Annan Landscaping for the following reasons:
1. Dawnalee Corporation is the current contractor on the project and they have performed
admirably for the past three years.
2. Dawnalee Corporation is a business located within the City of Winter Springs.
3. Dawna and Lee Ferguson have donated time, labor and finances toward the
betterment of the City for many years. They are a staple business in addition to being
residents of Winter Springs.
Someone from the Clerk's Office will need to attest each of the three (3) originals for all agreements.
Once they have been fully executed, please retum two (2) originals from each agreement to me and
one (1) original should remain with the City Clerk's Office.
Thank you very kindly,
54veit. T. gam/
1