HomeMy WebLinkAboutR-2012-071 - Executed an Extension to Agreement with Alvarez Landscaping Group, Inc. until new Bid is awarded not to exceed October 1, 2012 RESOLUTION NO. 2012-071
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN EXTENSION TO AN AGREEMENT BETWEEN THE CITY
OF DANIA BEACH AND ALVAREZ LANDSCAPING GROUP, INC. FOR
LANDSCAPING SERVICES TO BE PERFORMED THROUGHOUT THE
CITY, UP TO AND UNTIL SUCH TIME AS THE BIDDING PROCESS,
AWARD OF A BID, AND EXECUTION OF A NEW LANDSCAPING
SERVICES CONTRACT HAVE BEEN COMPLETED, FOR A PERIOD OF
TIME NOT TO EXTEND BEYOND OCTOBER 1, 2012; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on December 14, 2007, Alvarez Landscaping Group, Inc. executed an
Agreement with the City for landscaping services to be performed throughout the City (a copy of
the Agreement is attached as Exhibit "A"), and is made a part of and incorporated into this
Resolution by this reference; and
WHEREAS,the current Agreement expires on June 14, 2012; and
WHEREAS,there is a continuing need for landscaping services; and
WHEREAS, City officials bid this project on May 18, 2012, and staff members need
additional time to complete an analysis of the responses to the bid, and bring their
recommendations to the City Commission for consideration on, or before, the last Commission
meeting in August 2012;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That an Extension to the Agreement between the City and Alvarez
Landscaping Group, Inc. is approved for the continuation of landscaping services to be
performed throughout the City; the Agreement is extended up to and until such time as the
bidding process, award of a bid, and execution of a new landscaping services contract have been
completed, and for a period of time not to extend beyond October 1, 2012.
Section 2. That the proper City officials are authorized to execute an Extension to the
Agreement between the City and Alvarez Landscaping Group, Inc. for the continuation of
landscaping services to be performed throughout the City.
Section 3. That the City Manager and City Attorney are authorized to make minor
revisions to the Extension to the Agreement which are deemed necessary and proper and in the
best interests of the City.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. That an Extension to the Agreement between the City and Alvarez
Landscaping Group, Inc. becomes effective June 15, 2012, upon the passage and adoption of this
Resolution.
PASSED AND ADOPTED on June 12, 2012.
ATTEST:
LOUISE STILS6N,'CM12 t PATRICIA A. FLURY
CITY CLERK MAYOR
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APPROVED AS TO O ND CORRECTNESS:
THOM S J.OSBRO
CITY ATTORNEYo
2 RESOLUTION#2012-071
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AGREEMENT
THIS IS AN AGREEMENT ("Agreement"), dated16C9W166Z. 114 , 200 7
between: THE CITY OF DANIA BEACH ("City"), a Florida municipal corporation, with a
business location at 100 WEST DANIA BEACH BOULEVARD, DANIA BEACH, FLORIDA
33004, and ALVAREZ LANDSCAPING GROUP, INC.("Contractor") with a business location
at 4611 S. UNIVERSITY DR. #215,DAVIE, FL 33328.
In consideration of the mutual terms, conditions, promises, covenants and payments set
forth in this Agreement, the sufficiency and receipt of which are acknowledged, City and
Contractor agree as follows:
ARTICLE I
PREAMBLE
In order to establish the background, context and frame of reference for this Agreement, j
and to generally express the objectives and intentions of the parties, the following statements,
representations and explanations are the predicates for the undertakings and commitments
included within the provisions which follow, and may be relied upon by the parties as essential
elements of the mutual considerations upon which this Agreement is based.
1.1 The Contractor, for the consideration fully set out below, shall furnish all the
materials,equipment and labor to perform all work requested by the City,all in full and complete
accordance with the Exhibit One, attached to this Agreement, which Exhibit is incorporated into
this Agreement by this reference.
ARTICLE 2
SERVICES AND RESPONSIBILITIES
2.1 Contractor agrees to do everything required by this Agreement and to comply
with any and all other provisions in the documents and items incorporated by reference into this
Agreement. Contractor also agrees to perform all clean-up and bear the expense of any off-site
disposal,which is or may be necessitated by its work.
2.2 Contractor agrees that all work performed under this Agreement shall be done
in a professional manner and that Contractor's efforts will produce a quality result.
2.3 Contractor represents to City, with full knowledge that City is relying upon
these representations when entering into this Agreement with Contractor, that Contractor has the
expertise, experience and work force sufficient to timely perform the services to be provided by
Contractor pursuant to the terms of this Agreement.
2.4 Contractor represents to City that Contractor is properly licensed by all
applicable federal, state and local agencies to provide the services specified under this
Agreement. If any of the Contractor's licenses are revoked, suspended or terminated for any
reason by any governmental agency,Contractor shall notify the City immediately.
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2.5 Contractor agrees to conduct all work and services under this Agreement in
accordance with all applicable federal, state and local laws and regulations. Contractor will
identify all governmental authorities and agencies having jurisdiction to approve work and
Contractor agrees to obtain all permits and approvals from any and all such governmental
authorities which have jurisdiction. If permitted by the permitting agency,and if City can realize
a cost savings by such action, City may authorize the Contractor to seek required permits on
behalf of and in the name of City as its Contractor; provided, however, that Contractor agrees to
fully indemnify and hold harmless the City in all respects as a result of the obtaining of any and
all such permits and approvals. Without limiting the foregoing, City agrees to reimburse
Contractor, upon City's receipt of adequate proof that Contractor has paid same, the amounts of
all permit fees incurred by Contractor in connection with the applications, processing and
securing of approvals or permits which are required to be obtained from all governmental
authorities which have jurisdiction over any and all aspects of this work, except City permits and
fees which shall be waived and except for so much of any fees as to which the City is required to
remit to other governmental agencies.
2.6 City's Public Services Director (the "Director"), or his designated
representative, will be the person through whom Contractor must communicate all information
pertaining to the Agreement.
2.7 Contractor shall guarantee all work against poor workmanship and shall
immediately correct any defects which may appear upon written notification by the City's
Director or his designated representative. Defective materials shall be warranted to the extent of
the manufacturer's applicable warranty.
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ARTICLE 3
TERMS AND CONDITIONS
' 3.1 Contractor shall begin to perform the work as and when so directed by the
Director.
3.2 This Agreement may be terminated by City if Contractor fails to perform the
work to City's sole and reasonable approval, after City sends written notice of any deficiency to
Contractor and Contractor does not cure such deficiency within five (5) days from the date of
such notice. In such event, the Contractor shall be paid compensation for completed work
accepted by the Director, if such work meets City's sole and reasonable approval, which
approval will not be unreasonably withheld. In the event that the Contractor abandons work
specified in this Agreement or causes it to be terminated, Contractor shall indemnify the City
against any loss pertaining to its abandonment up to a maximum of the amount to be paid under
this Agreement. All finished or unfinished materials, documents and reports prepared by
Contractor shall become the property of City and shall be delivered by Contractor to City before
payment,if any,is made to Contractor by City.
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ARTICLE 4
COMPENSATION AND METHOD OF PAYMENT
4.1 Contractor shall be compensated as specified in Exhibit One.
4.2 Payment will be made to Contractor at:
ALVAREZ LANDSCAPING GROUP, INC.
4611 S.UNIVERSITY DR. #215
DAVIE,FL 33328
4.3 The acceptance of work shall constitute a waiver of all claims by the City
except for any or all claims arising from the guarantee in this Agreement, unsettled liens,
lawsuits, deficiencies or faulty work appearing after final payment for such work. The
acceptance of payment shall constitute a waiver of all claims against City by the Contractor.
4.4 Contractor shall, before any final payment is made by City, provide City copies
of releases of all liens, if any, from any and all subcontractors, materials' providers and the like,
who or which supplied or furnished any labor, services or materials that were used in the Work.
Contractor shall then furnish the City a"No Lien Affidavit". Final payment shall be made upon
submission by the Contractor of evidence satisfactory to the City that all payrolls, material bills
and other costs incurred by the Contractor in connection with the work, have been paid in full,
and after all guarantees and specifications for products, materials or both incorporated into the
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Work that appear in this Agreement have been furnished to and found acceptable by the City.
ARTICLE 5
CHANGES IN SCOPE OF WORK
City or Contractor may request changes that increase, decrease or otherwise modify the
j work, as described in this Agreement. These changes may affect the compensation specified
above and, if so, they must be described in a written amendment, executed by the authorized
agents of both of the parties,prior to any deviation from the terms of this Agreement. In no event
will Contractor deviate or permit deviation from the work described in this Agreement without
City's advance written consent.
ARTICLE 6
PROTECTION OF CITY'S PROPERTY
At all times during the performance of this Agreement, the Contractor shall protect the
City's property and the property of others from all damage whatsoever on account of
Contractor's performance of work.
ARTICLE 7
INDEMNIFICATION
7.1 Contractor shall indemnify and hold harmless City and the City's officers, employees
and agents as specified in the Invitation to Bid.
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7.2 The Contractor agrees to release the City from and against any and all liability
and responsibility in connection with the work. If Contractor exposes City to liability for any
reason arising out of the work, Contractor's compensation may be withheld until City can
determine the extent of City's exposure and City retains the right to offset any amounts related to
such matters against Contractor's compensation, if any. City will notify Contractor in writing
when it determines Contractor may have exposed City to any liability and City will provide a
reasonably ascertainable date by which resolution of the exposure, offset or both will be
determined.
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ARTICLE 8
INSURANCE
8.1 Contractor shall provide,pay for and maintain in force at all times during the term
of this Agreement, such insurance, including Workers' Compensation insurance and
comprehensive general liability insurance as stated below:
A. Workers' Compensation insurance to apply for all employees in
compliance with the "Workers' Compensation Law" of the State of
Florida and all applicable federal laws, for the benefit of the Consultant's
employees.
B. Comprehensive general liability insurance, including contractual, with
minimum limits of One Million Dollars ($1,000,000.00) per occurrence,
combined single limit for bodily injury liability and property damage
liability. The City is to be named as an"additional insured' with respect
to any claims arising out of this Agreement.
C. Automobile Liability with minimum limit of One Million Dollars
($1,000,000.00)combined single limit.
D. If Contractor hires a subcontractor for any portion of any work, then such
subcontractor shall provide general liability insurance with minimum
limits of liability of One Million Dollars($1,000,000.00).
E. The Contractor shall provide the Risk Manager of the City Certificates of
Insurance for coverages and policies required by this Agreement. All
certificates shall state that the City shall be given thirty(30)days' advance
notice prior to expiration or cancellation of any policy. Such policies and
coverages shall not be affected by any other policy of insurance which the
City may carry in its own name.
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ARTICLE 9
INDEPENDENT CONTRACTOR
This Agreement does not create an employee/employer relationship between the parties.
Contractor agrees that it is not the City's employee for any purposes,including but not limited to,
the application of the Fair Labor Standards Act, minimum wages' laws and overtime payments,
Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax
Act, the provisions of the Internal Revenue Code, the Florida Workers' Compensation Act, and
the Florida unemployment insurance law. The Contractor shall retain sole and absolute
discretion and exercise its judgment as to the manner and means of carrying out Contractor's
activities and responsibilities toward completion of work. Administrative procedures applicable
to services rendered under this Agreement shall be those of Contractor, which policies of
Contractor shall not conflict with City, H.U.D., or United States policies, rules or regulations
relating to the use of Contractor's funds provided for in this Agreement. The Contractor agrees
that it is a separate and independent enterprise from the City, that it has full opportunity to find
other business, that it has made its own investment in its business, and that it will utilize a high
level of skill necessary to perform the work. This Agreement shall not be construed as creating
any joint employment relationship between the Contractor and the City and the City will not be
liable for any obligation incurred by Contractor, including but not limited to unpaid minimum
wages, overtime premiums or both. All agents, employees and subcontractors of the Consultant
retained to perform services pursuant to this Agreement shall comply with all laws of the United
States concerning work eligibility.
ARTICLE 10
DEFAULT OF AGREEMENT AND REMEDIES
10.1 Remedies in Default. In case of any default by Contractor, the City, through
City's Director or his designated representative, shall notify the Contractor, in writing, of such
default and direct Contractor to comply with all provisions of the Agreement. If Contractor does
not timely cure such default of the date after notice was sent by City, City may declare a default
of this Agreement and may notify the Contractor of such declaration of default in writing and
terminate the Agreement.
ARTICLE 11
BANKRUPTCY
It is agreed that if the Contractor is adjudged bankrupt,either voluntarily or involuntarily,
then this Agreement shall terminate effective on the date and at the time the bankruptcy petition
is filed and Contractor will automatically be in default of this Agreement and the provisions of
Article 10 will be enforced at City's discretion.
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ARTICLE 12
DISPUTE RESOLUTION
12.1 Venue; Fees. All claims, counterclaims, disputes and other matters in question
between City and Contractor arising out of, relating to or pertaining to this Agreement, or the
breach of it,or the services of it,or the standard of performance required in it,shall be addressed
by resort to non-binding mediation as authorized under the laws and rules of Florida; provided,
however, that in the event of any dispute between the parties, the parties agree to first negotiate
with each other for a resolution of the matter or matters in dispute and, upon failure of such
negotiations to resolve the dispute, the parties shall resort to mediation. If mediation is
unsuccessful, any such matter may be determined by litigation in a court of competent
jurisdiction in Broward County,Florida,or the Federal District Court of the Southern District of
Florida and appropriate appellate courts for such venue and jurisdiction. In any litigation, the
parties agree to each waive any trial by jury of any and all issues. In the event of any litigation
which arises out of, pertains to,or relates to this Agreement, or the breach of it, or the standard
of performance required in it, the prevailing party shall be entitled to recover reasonable
attorneys' fees from the non-prevailing party.
12.2 Operations During Dispute.
12.2.1 In the event that a dispute, if any, arises between the City and the
Contractor relating to this Agreement,or its performance or compensation,the Contractor agrees
to continue to render service in full compliance with all terms and conditions of this Agreement
as required by the City.
12.2.2 Notwithstanding any other provisions in this Agreement, whenever
any service provided by the Contractor fails to meet City's reasonable approval, the City will
have the right to terminate the Agreement five(5) days after the date when the written notice was
sent by City of the deficiency,if Contractor has not cured such deficiency within that time.
ARTICLE 13
MISCELLANEOUS
13.1 Legal Representation. It is acknowledged that each party to this Agreement had
the opportunity to be represented by counsel in the preparation of this Agreement. Further, the
rule that a contract shall be interpreted strictly against the party preparing same shall not apply to
this Agreement due to the joint contributions to it of both parties.
13.2 Records. Contractor shall keep such records and accounts and require any and
all subcontractors to keep records and accounts as may be necessary in order to record complete
and correct entries as to personnel hours charged to the work, and any expenses for which
Contractor may attempt to claim reimbursement, Such books and records will be available at all
reasonable times for examination and audit by City and shall be kept for a period of three (3)
years after the completion of all work to be performed pursuant to this Agreement. Incomplete
or incorrect entries in such books and records will be grounds for disallowance by City of any
fees or expenses based upon such entries.
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13.3 Assignments, Subcontracts and Amendments. This Agreement, and any
interests in it, shall not in whole or in part be assigned, subcontracted, transferred in any way or
otherwise encumbered, under any circumstances,by Contractor without the prior written consent
of City. For purposes of this Agreement, any change of ownership of or controlling interest in
Contractor shall constitute an assignment which requires City approval. Violation of the terms
of this paragraph shall constitute a breach of this Agreement by Contractor and City may, in its i
discretion, cancel this Agreement and all rights of Contractor under this Agreement will
terminate. '
It is further agreed that no modification, amendment or alteration of the terms or
conditions contained in this Agreement shall be effective unless contained in a written document
executed by the authorized agents of the parties.
13.4 No Contingent Fees. Contractor warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for the Contractor 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 Contractor
any fee, commission, percentage, gift or other consideration contingent upon or resulting from
the award or making of this Agreement. For the breach or violation of this provision, the City
shall have the right to terminate the Agreement without liability and, in its discretion, to deduct
from the Agreement price, or otherwise recover the full amount of such fee, commission,
percentage,gift or consideration.
13.5 Notice. Whenever any party desires to give notice to the other party, it must be
given by written notice, sent by certified United States mail, with return receipt requested,
addressed to the party for whom it is intended. The places for giving of notice shall remain as set
forth below until they shall have been changed by written notice in compliance with the
provisions of this section. For the present,the Contractor and the City designate the following as
the respective persons and places for giving of notice:
City: Dominic Orlando,Public Services Director
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach,Florida 33004
Copies to: Ivan Pato,City Manager and
Thomas J.Ansbro,Esq.,City Attorney
100 West Dania Beach Blvd.
Dania Beach,FL 33004
Contractor: Juan C. Alvarez,President
Alvarez Landscaping Group,Inc.
4611 S.University Dr. #215
Davie,FL 33328
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13.6 Binding Authority. Each person signing this Agreement on behalf of either
party individually wan-ants that he or she has full legal power to execute this Agreement on
behalf of the party for whom he or she is signing, and is authorized to bind and obligate such
party with respect to all provisions contained in this Agreement.
13.7 Headings. Headings in this Agreement are for the convenience of reference
only and shall not be considered in any interpretation of this Agreement.
13.8 Exhibit One and its provisions referred to in this Agreement form an essential
part of this Agreement,are treated as a part of this Agreement and are incorporated into it by this
reference.
13.9 Severability. If any provision of this Agreement or application of it to any
person or situation shall to any extent be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable, shall not be affected, and shall continue
in full force and effect,and shall be enforced to the fullest extent permitted by law.
13.10 Governing Law. This Agreement shall be governed by the laws of the State of
Florida with venue lying in Broward County,Florida.
13.11 Extent of Agreement. This Agreement represents the entire and integrated
Agreement between the City and the Contractor and supersedes all prior negotiations,
representations or agreements,either written or oral.
14.12 Waiver. Failure of the City to insist upon strict performance of any provision or
condition of this Agreement, or to enforce any right contained in it, shall not be construed as a
waiver or relinquishment for the future of any such provision, condition or right, but the same
shall remain in full force and effect.
14.13 Conflict. In the event there is a conflict between any of the terms in any of the
documents contained in any Exhibit to this Agreement and any terns of this Agreement, the
terms of this Agreement shall prevail.
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IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and
year first written above.
CITY:
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CITY OF DANIA BEACH,
a Florida municipal corpora
A EST:.
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LOUISE STILSON,CITY CLERK AN PA ITY MANAGER
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APPROVED FOR FORM AND CORRECTNESS:
BY:
THOMAS J.ANSBRP,CITY ATTORNEY
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CONTRACTOR:
ALVAREZ LANDSCAPING GROUP, INC.,a
Florida corporation
I WITNESSES:
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' i �ature Sign
Print Name Print Name/Title
Signa e
d r k�
Print Name
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me on
200 -7 \r .TUAAJ 14- .Vo9'P.67— , as P;eEs,1-.,)EAj7
res reetivel+p; ofr��y1� Z �JQ/IJ�S'C.A�1/V�a GRouP lqc- , a uA'rz' corporation,on
behalf of the corporation. He/she/they is(are personally known to me or have produced
as identification and did(did not)take an oath. F c. D L A A A11L—q-?3.
NOTARY PUBLIC, State of Florida
My commission expires: EXFjj
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MY OF DA!"#l1EA.DUCH
ENMATWNToDM
GROUNW AND T-OFMAYSIAMMAN
BW#1?-21
1.1 SCOPE
1.1.1 Tlue City of Dania Beeea k referred to as dw"City", is actively seeslcan#bids from
qualified awbaetom *twred to as the "Coatroctor°, to ;oc;+damcas wi% the terns, conditiaos
and speaif ninesmftined in d&bviftfion to Sld.no City is requesting bids fi M qualified
vendors to provldee nrvxms for they dosigoded Grounds Maintenance Antes baoawd in the City.
Thee succ l:bidder will AmM all necesmy leElm toots,eguipmeek etc. to maintain
the areas is accordance witty do species ofd&bid.
1.1.2 By sW*aittlgg a frig,the bidder a koowkx%p that be or she is fad with the
sites and the scope of worle pidw to submit submining a bid. I City reserves that right to mmare
specific locations an a temporary or per aarna bail,as may be rogubed at the City's diecratim.
This removal will rvdture the invoice amount by a.paveenEage► of ttte amount bid for the entire
pmjm or the specific amotmt paced for the speck heat m on the next invoice sub mithed
for payment. The City slrrlt detdtroainee the percmkV 3o be useect Failure of a bidder to be
familiar with the vwv ct and mapf+itancxe requirmieWs.of a pro jed of this size and oewfleexity
dues not nerve d a Conamw of*e teaapamdbifrty#hr compledon of all required gwAces.Tea
C Wsetor or SurbF ar dyeing tree pnnting or sups ry iateir mum comply with Berle Rod
City Code of OrdbnaaaoM Choper 26, Artfcl+e III, Section 26-32, mquhft tins or perawtn to be
member in good standing with dw"ntmadonal Society of Arboriculture"and Section 26-35,
Definitions as well as all applicable secdoes of Articles XIV and XV of ties Broward County
Code. C,cntractiar must provide proof of cardfication by,or secepmrwe 4 persons or fum by the
"National Arborist AssocWon."
a. Contt* for smell nalhtaiu itba coahvetudly covered pw areas at the prescribed
fi+equemey rate with ccenvendaaut production style mowing amuf lawn rnalatetmnoe
equiptnnst. Exceptions to the specified wee doff be gated by the'Public Services
D7eiparUmot Dote for(the"Airectw")or Mo designee.
b. Coot er Sofirm aft pan a n ftw(3)tomes a year in March,July and October
with an NPK 24-2 l I witb no hoc tit 2%weber itmiublm nitrogen and 406A orWic
tfiler utred in Mmh and A ere or a 13-3-13 slow relme Ixtilim in fir. Slerubs
and trees area to be&rdWM:t1mw*tea a year in Milt,July aired Igoventber wbh an 13-
3-13 ftfifiixer. Fartif ur for pWm tr+area wt31 be of the following congmition: Palm
special 13•3-1 3 with slow rnken pot mum applied three Umes per your in March,July
and Novemtbe t 1 anuefi+ectrar+er's recommended rant of application will apply for all Om
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compositions. The chemical composition of the fertilizer must be approved prior to
application to check for appropriate trace minerals. The Director of Public Services or
his designee must be notified at least 24 hours prior to application of fertilizer for
verification of use and type. Fertilization, including provision of the fertilizer, is to be
considered a part of the maintenance function in its entirety.
c. Upon arrival at a job site for the cutting operation, the Contractor shall immediately
survey the area to remove all litter, glass, rocks, dead foliage and debris subject to
becoming a projectile if engaged by a mower. All grass clippings,vegetative trimmings
and existing overburden shay be blown from the street and walk areas on the same day
maintenance is performed prior to leaving the site. Raking of leaves and other debris
shall be performed at the base of shrubbery and all others areas to maintain a neat and
aesthetic appearance. Contractor shall remove all waste materials from the maintenance
operation and properly dispose all waste materials at the Public Services Site. Debris is
not to be blown into streets or onto a pedestrian pathway. Pathways and sidewalks shall
be blown clear or swept prior to leaving the site.
d. Contractor shall trim all hedges and shrubs to a uniform height during each site visit.
Hedge material looted in the median shall be trimmed to not exceed three (3) feet in
height unless otherwise directed.Some areas are to be hand pruned as required.
e. Tree trimming shall be required in all areas under contract.Treks shall be trimmed to a
minimum clearance height of 8 ft. Tree suckers (water sprouts) are to be removed as
they grow. The Contractor shall trim all overgrowth where it obstructs or restricts sight
distance view of vehicles, i.e. limbs branching into the roadway from the median or
swale,or landscaping taller than 30". Contractor shall also be responsible for removing
limbs from the roadway that emanate from areas under contract. The Contractor shall be
alert to remove trafTic hazards(such as, but not limited to,obstruction of stop signs and
other roadway signs) or unsafe conditions caused by tree limb obstruction during each
site visit. Dead palm fronds shall be disposed of along with daily trash pickup during
normal maintenance frequencies. The Director of Public Services or his designee will
address any possible variation to this on an individual basis.Because of the certifications
and licenses needed for tree trimming this section may be sub-contracted and is to be
listed as a separate item on the bid proposal sheet.
f Edging shall be dune along all sidew
alks,curbs,blacktop,walkways, asphalt paths and
road edges with a gas operated edger during each site visit. Grass shall also be edged
back where it encroaches upon the street f om the swale or other areas. Edged material
Shall be swept and collected for disposal by the Contractor.
g. Weeding shall include, but is not limited to, ornamental beds, base of shrubbery and
hedges, sidewalks, curb lines and any other areas weeds exist including tongue end of
medians that are devoid of grass. Weeds shall be manually pulled during each site visit
to prevent an unsightly appearance caused by their presence. All tree beds are to be
completely clear of weeds at all times.
•-� h. Weed eating shall be done around all fixed objects exposed in the turf including,but not
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be limited to, all irrigation heads, trees, poles/posts or any other fixtures found in such
settings. Weed eating shall be done with string trimmers or herbicides. The Public
Services Department (tire `Department") in advance of use must approve the type of
herbicide. The Contractor shall be responsible for replacing any damaged foliage caused
by the use of herbicides or string trimmers.. When using a string trimmer, weed eating
shall be done so trees are not girded. The Cow shall establish a ring around each
tree with herbicide to preclude girding.
i. Evidence of insects shall be brought to the attention of the Director or designee. The
Contractor shall be responsible for applying pesticide and fungicide on an as needed
basis and the cost shall be factored in the bid. The Department must approve the use of
chemicals. Signs shall be posted alerting the public of pesticide application. The
Contractor shall be responsibly for the treatment of fire ants at all times and locations
under contract noted by the Contractor or the City. All fire ant mounds are to be treated
regularly with a granular insecticide.
j. The Contractor shall inform the City`s designee of any immediate safety hazard or
vandalism(including graffiti) upon discovery in the field. The Contactor shall contact
the City for placement of barricades where hazards exist to safeguard the area until the
situation can be corrected. The Contractor shall contact the city if any holes are found
constituting a hazard.
k. The Contractor, upon completion of mowing a section, shall inform the Director or his
designee of any damage to the sprinkler system and shall be repaired or replaced and
retuned to opmfmg condition within 24 hours.The Contractor must notify the Director
or his designee when the repaani have been made
1. Mowing shall be done to a height of three inches (3"). The Contractor shall prow all
grass at the following intervaals: April I through November 30, once every ten (10)
calendar days;from December 1 to March 31.once every 14 calendar days, for it total of
34 cuts exwpt for area noted as requiring less frequent maintenance. Areas Muirinst
f Wnt maintenance shall he considered as redwiriug once g_mmonth maintenance.
This schedule shall be modified by the Director of Public Services to either increase or
decrease the number of cuttings per year. If, in the opinion of the City, a modification
due to abnormal conditions is doomed necessary, Contractor shall be notified as far in
advance as reasonably possible of maintenance acquirement changes.
in. To be included in the total price of the maintenance contract shall be a $15,000.00
contingency in event that additional services are found necessary during the contract
Yew.
n. The Contractor shall apply pesticides to the grass, ground cover, shrubbery, trees and
palms to control pests that arc prevalent.
o. Weed control in turf grass will be accomplished by spraying herbicides in open turf
areas where there is no danger of accidental application that may damage surrounding
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trees, shrubbery, ground cover or other vegetation. Areas containing woods must be
removed by hand if herbicide spraying would result in damage to surrounding
vegetation. It is imperative that all safety requirements in dispersing herbicides be
carefully followed. Contractor should obtain copies of instructional material on
herbicide application, which are available at the County Agricultural Extension Service
in the Town of Davie. Any applicator should be thoroughly familiar with its contents for
personal and public safety. All pesticide application classified as restrictive use shall be
carried out by a certified applicator or under the direct supervision of a certified
applicator.
p. The Applicator must be a certified Pest Control Operator and hold a Lawn and
Ornamental Certificate issued by the Florida DepwU=t of Health and Rehabilitative
Service, Entomology Service Division. It is also required that when applying any
insecticides to areas of heavy pedestrian traffic, such as around the Administration
Building,spray application warning flags be.clearly displayed to designate the areas.
q. All areas are to be maintained in a.condition acceptable to the Director of Public Services
or his designee. All work is to start no earlier than 7.00 am. No work shall be done after
sunset or on Sunday without specific instructions from the Department.
r. When mowing in traffic arterial medians, personnel are required to weer a safety vest.
Proper safety signage (A-frame signs), such as" Men Working Ahead", cones, flagmen
or other warning devices shall be used to alert motorist of work in the area. All signs
shall be temporary and must be in accordance with the Florida Department of
Transportation's manual on uniform traffic control devices and safe practices. OSHA
standard shall be utilized where applicable.
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