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HomeMy WebLinkAboutAccent Bollard and Light Maintenance Services Agreement 2012 11 07 AGREEMENT FOR LIGHT MAINTENANCE SERVICES THiS AGREEMENT FOR ACCENT BOLLARD AND LIGHT MAINTENANCE SERVICES("Agreement") is made and entered into by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City"), located at 1126 East State Road 434, Winter Springs, Florida 32708, and SCHOOZ CORPORATION, piB/A MARKCOCKERILL PROPERTIES, authorized to conduct business in Florida("Service Provider"),located at: 10813 Lanny Drive,Clermopt.FL 34711. WITNESSETH: WHEREAS, City wishes to obtain accent bollard and light maintenance services for the Winter Springs Town Center District(Quote October 2012)for a limited time period; and WHEREAS, Service Provider participated in the selection and negotiation process;and WHEREAS, Service Provider Is willing to provide such accent bollard and light maintenance services for the Winter Springs Town Center District (Quote October 2012), for the City under the terms and conditions stated herein. NOW,THEREFORE, for good and valuable consideration, the receipt and sufficiency of which Is hereby acknowledged,the parties covenant and agree as follows: 1.0 GENERAL PROVISIONS 1.1 Recitals. The foregoing recitals are deemed to be true and accurate and are fully incorporated herein by reference. 1.2 Engagement. The City hereby engages Service Provider and Service Provider agrees to perform the Services outlined in this Agreement for the stated fee arrangement. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 1.3 Due Diligence. Service Provider acknowledges that It has investigated prior to the execution of this Agreement and satisfied itself as to the conditions affecting the Services, the availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance as set forth herein, and the steps necessary to complete the Services within the time set forth herein. Service Provider warrants unto the City that it has the competence and abilities to carefully and faithfully complete the Services within the time set forth herein. Service Provider will perform its Services with due and reasonable diligence consistent with sound professional practices. 2.0 TERM AND DEFINITIONS., 2.1 The term of this Agreement shall be for twelve(12)months, commencing on November 1,2012,and terminating at midnight on October 31,2013, unless either party chooses to exercise its rights under Section 20, "Termination". The parties shall have the option to extend the term of this Agreement for five (5) one-year periods. Any such extension shall be by mutual written agreement of all parties and shall be executed no less than ninety(90)days prior to the expiration of this Agreement's current term. The City Manager or the City Manager's designee (hereinafter "City Manager") shall review the performance of the Service Provider annually at least ninety(90)days prior to the Agreement's anniversary date. The City manager shall recommend a one (1) year extension or termination. Should the Service Provider and City agree to extend the Agreement,the Service Provider may be entitled to an increase In rates in an amount not to exceed one half(112)the change in the Consumer Price Index(CPI)for the most recently available twelve(12) month period for All Urban Consumers(CP1-U)for All Items, U.S. City average, published by the Bureau of Labor Statistics of the U.S. Department of Labor for 1982-84, or the successor index to same. Said increase shall become effective beginning with the invoice for work performed after the start of the new Agreement period. 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: WSTC ACCENT AND BOLLARD LIGHT MAINTENANCE AGREEMENT QUOTE--OCTOBER 2012 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 SCHOOZ CORPORATION. DIBIA MARK COCKERILL PROPERTIES. a Florida Corporation, and its principals, officers, employees, and agents, d. "Public Record" shall have the meaning given in Section 119.011(1), Florida Statutes. e. 'Work" or "Services" shall be used interchangeably and shall include the performance of the work agreed to by the parties in this Agreement. f. "City Project Manager"or"Designated Representative"or"Project Director'shall mean the City's Urban Beautification Manager, or his/her designee, who is to provide the general administration of the Agreement. 3.0 SCOPE OF SERVICES Service Provider shall do, perform, deliver and carry out, in a professional manner, the type of services as set forth in the"Scope of Work,' attached hereto as Exhibit'A' and fully incorporated herein by this reference, including but not limited to the furnishing of all labor,equipment,tools, materials,and incidentals. 4.0 AMENDMENTS AND MODIFICATIONS Any cardinal change in the terms and conditions set forth in this Agreement must be mutually agreed to by both the City and the Service Provider, and may be implemented only after this Agreement has been amended in writing. The City reserves the right to make changes in the work, including alterations, reductions therein, or additions thereto. Upon receipt by the Service Provider of the City's notification of a contemplated change, the Service Provider shall(1) if requested by the City, provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the City of any estimated change in the completion date, and (3)advise the City in writing if the contemplated change shall affect the Service Provider's ability to meet the completion dates or schedules of this Agreement. If the City so instructs, in writing, the Service Provider shall suspend work on that portion of the work affected by a contemplated change, pending the City's decision to proceed with the change. If the City elects to make the change, the City shall issue an Amendment to this Agreement or Change Order and the Service Provider shall not commence work on any such change until such written amendment or change order has been issued and signed by each of the parties. 6.0 SCHEDULE Service Provider shall perform services in conformance with the schedule reasonably established by the City Project Manager. Service Provider shall complete all of said services in a timely manner and will keep City apprised of the status of work on at least a monthly basis or as otherwise reasonably requested by the City. Should Service Provider fall behind on the established schedule, it shall employ such resources so as to comply with the schedule. No extension for completion of services shall be granted to Service Provider without City's prior written consent. WSTC ACCENT AND BOLLARD LIGHT MAINTENANCE AGREEMENT QUOTE-OCTOBER 2012 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 Four Thousand Seven Hundred and Forty Dollars ($4,740). If this Agreement is extended, the total annual amount paid to.Service Provider shalt not exceed the above mentioned number adjusted by the Producer Price index as set forth in paragraph 2.1 of this Agreement. 6.2 Additional Services. From time to time during the term of this Agreement, City may request that Service Provider perform additional Services not required under the Project Manual. For those additional services agreed upon by the City and Service Provider in writing,City agrees to pay Service Provider a total amount equal to that mutually agreed upon by the parties in writing. 63 Payment. Upon receipt of a proper invoice from Service Provider, the City agrees to pay the Service Provider the invoice amount providing said amount accurately reflects the terms and conditions of this Agreement. Invoices may only be submitted on a monthly basis unless otherwise agreed by the City. Unless otherwise agreed in writing by the City, there shall be no other compensation paid to the Service Provider and its principals, employees, and independent professional associates and consultants in the performance of Work under this Agreement The City agrees to make all payments due within thirty (30) days of receipt of a proper invoice delivered by Service Provider. The Service Provider may only bill the City for actual work performed. 6.4 Truth-in-Negotiation Certificate. Signature of this Agreement by the Service Provider shall act as the execution of a truth-in-negotiation certificate certifying that the wage and rates and costs used to determine the compensation provided for in this Agreement are accurate, complete, and current as of the date of the Agreement. 7.0 RIGHT TO INSPECTION 7.1 City or its affiliates shall at all times have the right to review or observe the services performed by Service Provider. 7.2 No inspection, review, or observation shall relieve Service Provider of its responsibility under this Agreement. 8.0 AUDIT AND INSPECTIONS The Service Provider shall maintain records on the City's projects, in accordance with generally accepted accounting principals and practices to substantiate all invoiced amounts. Said records will be available to the City during the Service Provider's normal business hours for a period of two (2) years after the Service Provider's final invoice for examination to the extent required to verify the direct costs (excluding established or standard allowances and taxes) incurred herein. Should such an audit by the City reveal monies owed to the City, the Service Provider shall reimburse the City for the cost of the audit and pay the principal overcharge amount owed the City plus interest accrued at the prime interest rate in effect on the date of discovery. Said interest rate shall apply to the principal overcharge amount revealed in the audit for the period from the original payment due date(s)to the payment by the Service Provider of all monies owed. 9.0 PROFESSIONALISM AND STANDARD OF CARE Service Provider shall do, perform and carry out in a professional manner ail Services required to be performed by this Agreement Service Provider shall also use the degree of care and skill In performing the Services that are ordinarily exercised under similar circumstances by reputable members of Service Provider's profession working in the same or similar locality as Service Provider. 10.0 SUBMITTAL OF PROGRESS REPORTS, Service Provider shall submit a monthly written progress report as to the status of all Work set forth in this Agreement. The report shall in a sufficient manner demonstrate that any funds expended were used to provide the agreed-upon Services. If the detail is not sufficient in the City Project Manager's reasonable discretion to permit the City to determine the Work performed or the manner in which it is being performed,the WSTC ACCENT AND BOLLARD LIGHT MAINTENANCE AGREEMENT QUOTE-OCTOBER 2012 City may seek more detail from the Service Provider. Service Provider agrees to provide that information within a reasonable time period. 11.0 WARRANTY OF PROFESSIONAL.SERVICES The Service Provider(for itself and any of its employees, contractors, partners, and agents used to perform the Services)hereby warrants unto the City that all of its employees(and those of any of its contractors, partners,and agents used to perform the Services)have sufficient experience to properly complete the Services specified herein or as may be performed pursuant to this Agreement. In pursuit of any Work, the Service Provider shall supervise and direct the Work, using its best skill and attention and shall enforce strict discipline and good order among its employees. The Service Provider shall comply with all laws, ordinances, rules,regulations,and lawful orders of any public authority bearing on the performance of the Work. 12.0 CORPORATE REPRESENTATIONS BY SERVICE PROVIDER Service Provider hereby represents and warrants to the City the following: a. Service Provider is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for Service Provider has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by Service Provider has been duly authorized by the board of directors and/or president of Service Provider. in support of said representation, Service Provider agrees to provide a copy to the City of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. Service Provider is duly licensed under all local, state and federal laws to provide the Services stated in paragraph 3.0 herein. In support of said representation, Service Provider agrees to provide a copy of all said licenses to the City prior to the execution of this Agreement. 13.0 WORK IS A PRIVATE UNDERTAKING, With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the City and Service Provider is such that the Service Provider Is an independent contractor and not an agent of the City. The Service Provider, its contractors, partners, agents, and their employees are independent contractors and not employees of the City. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an indepeeQnsent contractor, between the City, on one hand, and the Service Provider, its contractors, partners, agents,during or after the performance of the Work under this Agreement. 14.0 PROGRESS MEETING City Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the City, during the term of work entered into under this Agreement. Service Provider's Project Manager and all other appropriate personnel shall attend such meetings as designated by the City Project Manager. 15.0 SAFETY Precautions shall be exercised at all times for the protection of all persons (including the City's employees)and property. The safety provisions of all applicable laws, regulations, and codes shall be observed. Hazards arising from the use of vehicles, machinery, and equipment shall be guided or eliminated in accordance with the highest accepted standard of safety. Service Provider shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, contractors, and agents while performing Services provided hereunder. WSTC ACCENT AND BOLLARD LIGHT MAINTENANCE AGREEMENT QUOTE-OCTOBER 2012 16.0 JNSURANCE. Service Provider shall maintain in full force and effect during the life of the Agreement, Worker's Compensation insurance covering all employees in performance of work under the Agreement. Service Provider shall make this same requirement of any of its subcontractors. Service Provider shall indemnify and save the City harmless for any damage resulting to them for failure of either Service Provider or any subcontractor to take out or maintain such insurance. The following are required types and minimum limits of insurance coverage which the Service Provider agrees to maintain during the term of this Agreement COVERAGE MINIMUM LIMITS General and Auto Liability $500,000 per person/incident I$1,000,000 incident Professional Liability(if applicable) $1,000,000 Worker's Compensation Statutory Neither Service Provider nor any subcontractor shall commence work under this Agreement until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of a Certificate of insurance and endorsement. The City shall approve such certificates. All insurers shall be licensed to conduct business in the State of Florida. Insurers must have, at a minimum, a policyholders' rating of°A', and a financial class of"Vii" as reported in the latest edition of Best's Insurance Reports, unless the City grants specific approval for an exception. All policies provided should be Occurrence, not Claims Made, forms. The contractors insurance policies should be endorsed to add the City of Winter Springs as an Additional Insured. The Service Provider shall be responsible for all deductibles. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be cancelled, materially changed or renewal refused until at least thirty (30) calendar days written notice have been given to the City by certified mail. 17.0 COMPLIANCE 1NITH LAWS AND REGULATIONS, in the performance of work and services under this Agreement, Service Provider agrees to comply with all Federal, State and Local laws and regulations now in effect,or hereinafter enacted during the term of this Agreement that are applicable to Service Provider, its employees,agents or subcontractors,if any,with respect to the work and services described herein. 18.0 pOCUMENTS 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 ali 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. WSTC ACCENT AND BOLLARD LIGHT MAINTENANCE AGREEMENT QUOTE--OCTOBER 2012 19.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by Service Provider, Service Provider shall be fully responsible to City for all acts and/or omissions performed by the subcontractor as if no subcontract had been made. 19.3 If City determines that any subcontractor is not performing in accordance with this Agreement, City shall so notify Service Provider who shall take immediate steps to remedy the situation. 19.4 If any part of this Agreement is subcontracted by Service Provider, prior to the commencement of any Work by the subcontractor, Service Provider shall require the subcontractor to provide City and its.affiliates with insurance coverage as set forth by the City. 20.0 TERMINATION This Agreement may be terminated by the Service Provider upon thirty (30) days prior written notice to the City in the event of substantial failure by the City to perform in accordance with the terms of this Agreement through no fault of the Service Provider. It may also be terminated by the City with or without cause immediately upon written notice to the Service Provider. Unless the Service Provider is in breach of this Agreement, the Service Provider shall be paid for services rendered to the City's satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the City,the Service Provider shall: A. Stop work on the date and to the extent specified by the City. B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. C. Transfer all work in process, completed work and other material related to the terminated work to the City or approved designee. D. Continue and complete all parts of the work that have not been terminated. 21.0 FORCE MAJEURE Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war, sabotage; strikes (except involving Service Providers labor force); extraordinary breakdown of or damage to City's affiliates' generating plants,their equipment,or facilities;court injunction or order,federal and/or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days,either party may terminate this Agreement 22.0 GOVERNING LAW&VENUE This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be in the Middle District of Florida in Orlando, Florida. 23.0 HEADINGS 23.1 Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement 24.0 SEVERABI ITY 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. WSTC ACCENT AND BOLLARD LIGHT MAINTENANCE AGREEMENT QUOTE-OCTOBER 2012 25.0 INTEGRATIO11:MODIFICATION 25.1 The drafting, execution, and delivery of this Agreement by the Parties have been induced by no representations,statements,warranties,or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties,and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. 26.0 THIRD PARTY RIGHTS Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Service Provider. 27.0 pROHIBITION AGAINST CONTINGENT FEES Service Provider warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Service Provider,to solicit or secure this Agreement,and that It has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona ride employee working solely for the Service Provider, any fee, commission, percentage, gift,_or other consideration contingent upon or resulting from the award or making of this Agreement. 28.0 NO JOINT VENTURE Nothing herein shalt be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 29.0 ATTORNEY'S FEES, If any legal action or other proceeding is brought for the enforcement of this Agreement,or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees,court costs,and all expenses(including taxes)even if not taxable as court costs(Including, without limitation, all such fees,costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 30.0 COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 31.0 DRAFTING, City and Service Provider each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 32.0 NOTICES Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: For Service Provider: Schooz Corporation,D/B/A Mark Cockerill Properties 10913 Lemay Drive Clermont,FL 34711 WSTC ACCENT AND BOLLARD LIGHT MAINTENANCE AGREEMENT QUOTE-OCTOBER 21112 For City: City of Winter Springs Urban Beautification Manager 1126 East State Road 434 Winter Springs,FL 32708 Phone:(407)327-1800 x315 33.2 Either party may change the notice address by providing the other party written notice of the change. 34.0 SOVEREIGN IMMUNITY Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shalt survive termination of this Agreement. 35.0 INDEMNIFICATION, 35.1 For all Services performed pursuant to this Agreement, the Service Provider agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its commissioners, employees, officers, and city attorneys(individually and in their official capacity)from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees through any and all administrative,trial and appellate proceedings), directly or indirectly arising from: a. any default under this Agreement by Service Provider, b. any negligent act, omission or operation of work related to all Services performed under this Agreement by Service Provider, and its employees, principals, agents, independent contractors,and consultants. c. the acts, errors, omissions, intentional or otherwise, arising out of or resulting from Service Provider's and its employees, partners, contractors, and agents on the performance of the Services being performed under this Agreement d. Service Provider's, and its employees, partners, contractors, and agents failure to comply with the provisions of any federal, state, or local laws, ordinance, or regulations applicable to Service Provider's and its employees, partners, contractors,and agents performance under this Agreement; e. any fraud and misrepresentation conducted by Service Provider and its employees, partners, contractors, and agents on the City under this Agreement. 35.2 The indemnification provided above shall obligate the Service Provider to defend at its own expense or to provide for such defense, at the option of the City,as the case may be, of any and all claims of 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. WSTC ACCENT AND BOLLARD LIGHT MAINTENANCE AGREEMENT QUOTE-OCTOBER 2012 36.0 ORDER OF PRECEDENCE 36.1 in case of any inconsistency in any of the documents bearing on the Agreement between the City and the Service Provider,the inconsistency shall be resolved by giving precedence in the following order: a. Addenda to this Agreement subsequent to the Effective date of this Agreement; b. This Agreement; c. Exhibits to this Agreement,and d. The Bid documents. 36.2 Any inconsistency in the work description shall be clarified by the City and performed by the Service Provider. 37.0 AGREEMENT INTERPRETATION 37.1 At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found In the Agreement or specifications, the City at its sole discretion will interpret the intent of the Agreement and work descriptions and the Service Provider hereby agrees to abide by the City's interpretation and agrees to carry out the work in accordance with the decision of the City. 37.2 When the material, article, or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only. The Service Provider will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the City. A substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand name specified. The City has full discretion to decide whether a substitute is reasonably equivalent. Service Provider must notify the City prior to use of the substitute for a specified brand name and allow the City to make a determination before Service Provider uses the substitute. 38.0 NONDISCRIMINATION The Service Provider warrants and represents that it complies with all Federal and State requirements concerning fair employment and will not discriminate by reason of race,color, religion,sex, age, national origin, or physical handicap. 39. ARREARS The Service Provider shall not pledge the City's credit or make it guarantor of payment or surety for any contract,debt, obligation,judgment, lien or any form of indebtedness. The Service Provider further warrants and represents that it has no obligation for indebtedness that would Impair its ability to fulfill the terms of this Agreement. 40. WARRANTY The Service Provider warrants that skilled and competent personnel to the highest professional standards in the field shall perform all services. 41. INDEPENDENT CONTRACTOR The Service Provider agrees that it is an independent contractor with respect to the services provided pursuant to this Agreement,and not an employee,agent,or servant of the City. All persons engaged in any of the work or services performed shall at all times, and in all places, be subject to the Service Provider's sole discretion,supervision,and control. The Service Provider shall exercise control over the means and manner in which It and its employees perform the work; the City's interest is in the results obtained. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. 42. NONWAIYER No inspection by the City, nor any payment for or acceptance of the whole or part of the items in this Agreement, nor any extension of time, nor any possession taken by the City of the product or services hereunder WSTC ACCENT AND BOLLARD LIGHT MAINTENANCE AGREEMENT QUOTE-OCTOBER 2012 shall operate as a waiver of(1) any provision of this Agreement, (2) the right to have It fully performed, (3)any power herein reserved by the City or(4)any right to damages under this Agreement No waiver of any breach of this Agreement shall be held to be a waiver of any other breach. 43. FXCLUSMTY This is not an exclusive Agreement. The City may, at its sole discretion, contract with other entities for work similar to that to be performed by the Service Provider hereunder. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. R SERVICE PROVIDER: /\--C--f26./VD-J , N1TTIte Cocia-RoU. Name(Printed and Signed) Pre_ tc l„ _t Title 1 O! -7/a©I a, Date CITY: CITY OF WINTER SPRINGS ••RIDA A Florida munici I cor•• : ,,. KE , L. SMITH Cit %a/7//U Date /7/ ATTE'I'. / AND-i7'�RENZO-LUACES, City Clerk WSTC ACCENT AND BOLLARD LIGHT MAINTENANCE AGREEMENT QUOTE-OCTOBER 2012 E) ,,;3;-1- -- Scate- 01=.uofZk SUMMARY OF WORK 1. GENERAL 1.1 Work Covered by Contract Documents A. The work to be performed under this Contract consists of all related work for the Winter Springs Town Center Accent and Bollard Light Maintenance (Blumberg Blvd. and Cross Seminole Trail Bridge). Perform all work in accordance with the Contract Documents furnish all materials, equipment, tools, and labor which are reasonably and properly inferable and necessary for the proper completion of the work, whether specifically indicated in the Contract Documents or not. B. The Service Provider shall be obligated,subject to immediately or promptly to repair to the City's Representative's satisfaction, any damage to exterior plantings,or irrigation systems or any other property within the areas specified in this agreement. In the event the Service Provider has not repaired any such damage within reasonable time, as determined by the City's Representative, the City may repair such damage and deduct such cost from the next payment due to the Service Provider. The Service Provider shalt be liable to the City for any such cost in excess of the amount deducted by the City. C. The Service Provider shall be obligated to immediately notify the City Representative verbally and follow in writing within twenty-four (24) hours after the event of any damage which the Service Provider discovers, or should have discovered in the exercise of reasonable care,whether or not such damage was caused by the Service Provider. 2. CONTRACT 2.1 General A. This project shall be executed as a unit price contract. 3. SAFETY REQUIREMENTS 3.1 General A. Any equipment and tools used in performing the work under this Agreement shall conform to the Florida Department of Transportation-Manual of Uniform Traffic Devices as applicable. B. Equipment shall be maintained in good repair, shall be fueled on concrete surfaces only, and shall be provided with the proper noise reduction and safety devices as prescribed by the Occupational Safety and Health Administration(OSHA). TECHNICAL SPECIFICATIONS Winter Springs Town Center Accent and Bollard Light Maintenance (Blumberg Blvd.and Cross Seminole Trail Bridge) SPECIFIC TASKS 1.0 inspections Monthly((lx per month)inspection and maintenance of lighting systems at the Blumberg Boulevard Medians and Cross Seminole Trail Bridge(SR 434). • Check each light for operation. a. Adjust each light fixture and clean lenses as necessary. 2 (.; b. Replacement of light bulbs as necessary(except as noted in Section 2.2b below). • Check each transformer for proper time and operation. a. Set time and date as needed(if applicable). b. Check photo cell(if applicable)for proper operation. • Check each breaker and/or power outlet for proper operation(if applicable), reset GFI's as necessary. • Warranties on equipment shall be honored by contractor. • Vandalism,theft,acts o nature,replacement/repair of wiring,fixtures and transformers shall be at an additional cost of per hour labor plus materials (materials provided at wholesale cost plus 15%for overhead). Quotes must be provided before any additional work is authorized. • All replacement parts shall be of commercial quality and of equal specification as the original equipment. A manufacturer's warranty of at least 1 year shall apply to all transformers and light fixtures installed as part of this agreement. 2.0 Service Locations 1. A-Blumberg Boulevard(Bollards,Column lights and Veteran's Memorial Area) a. Bollalds in medians along Blumberg Blvd.Eighty-Six(86)Bollard lights. b. Column lights on pavilions and vertical structures. Forty-eight(48)column lights. c. Soot and deck lights at the Veteran's Memorial Area. Twenty(20)spot lights at ground level, structure mounted and flag pole mounted. Fourteen(14)low voltage deck lights at plaques (includes transformer). 2. B-Cross Seminole Trail Bridge(Column Up-lighting) a. SR 434 and Cross Seminole Trail Bridge. Eight(8)up-lights at columns. b. Ught bulbs replaced at a cost of time and materials for this area. 'Note—Each service location(1&2)shell be billed on a monthly invoice detailing the date,adjustments,additional labor and repairs made during the monthly visit. 3.0 Additional Terms and Conditions • All existing plantings and fixtures on-site shall remain undisturbed and protected during work related to this project. Damage to existing hardscapes, plants, irrigation or wiring shall require repair or replacement by the Service Provider within 48 hours. • The project site shah be cleaned of any debris and equipment prior to the end of each service visit • it Is the responsibility of the Service Provider to research the jobsite,project manual and all aspects of the project prior to commencement of work related to the Winter Springs Town Center Accent and Bollard Light Maintenance(Blumberg Blvd.and Cross Seminole Trail Bridge). 3 Steven Richert From: Natalie Cocked!)[nataliecockerif@aol.com) Sent: Monday, October 08,2012 12:43 PM To: Steven Richert Subject: Re: PM_Blumberg_CrossSemBridge_LightMaint 2012.pdf-Adobe Acrobat Professional Hi Steven, Mark would be happy to continue this contract at the current price of $370.00 for Blumberg, we provide bulbs. City to pay for fuses, ballasts etc. $25.00 for Cross Seminole Trail Bridge to check the 8 lights each month and city pays for replacement bulbs as needed. Labor charges $35.00 per hour as needed. We hope you have been satisfied with the work over the previous years. fk IIP ..c. -054.9. Many Thanks Natalie For Mark Cockerill Properties Mark 352 255 7155 Home Office 321 765 4101 Natalie 321 6091424 Natalie Cockerill Please click on the link to see our various project video's on YouTube http://goo.gi/APiuK Realtor, Home Wise Realty Group. Certified Distressed Property Expert. Specialist British Buyers Representative UK Independent Mortgage Consultant CEMAP Home Wise Office 435 Douglas Ave, Suite 1005 Altamonte Springs, Fl, 32714 Cell 321 609 1424 Home Tel 321 765 4101 —Original Message----- From:Steven Richert<srichart@winterspringsfl.orq> To:'Natalie Cockerill'<nataliecockerill@aol.com>; 'Office'<lightscaoesoroCdtyahoo.com>;'scott@fountaindoctors.com' <gcott@fountaindoctors.com> Cc:Steven Richert<srichartCalwintersoringsfl.orq> Sent: Mon,Oct 8,2012 11:58 am Subject PM_Biumberg CrossSemBridge_LightMaint 2012.pdf-Adobe Acrobat Professional Please provide quote for the attached light maintenance program. I need it by Wednesday of next week. Thanks,SR 1