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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-312Temp Reso #9162 Page 1 November 8, 2000 CITY OF TAMARAC, FLORIDA RESOLUTION NO, R-2000- 312 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE AWARD OF BID NO, 00-24B TO PRESTIGE PROPERTY MANAGEMENT AND MAINTENANCE, INC., FOR GROUNDS MAINTENANCE AND LANDSCAPING SERVICES; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH PRESTIGE PROPERTY MANAGEMENT AND MAINTENANCE, INC; AUTHORIZING AN ANNUAL EXPENDITURE IN AN AMOUNT NOT TO EXCEED $443,279; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac publicly advertised Bid No. 00-24B for Landscape and Grounds Maintenance Operations; and WHEREAS, on August 30, 2000, two (2) bids were opened and reviewed in order to determine cost and responsiveness to the City's technical specifications; and WHEREAS, Prestige Property Management and Maintenance, Inc., was the lowest most responsive and responsible bidder; and WHEREAS, funding is available in the General and Stormwater Management Funds for said purpose; and WHEREAS, the Director and Assistant Director of Public Works, and Purchasing/Contracts Manager recommend that the City award Bid #00-24B to Prestige Property Management and Maintenance, Inc., for grounds maintenance services; and 11 Temp Reso #9162 Page 2 November 8, 2000 WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac that grounds maintenance services be provided contractually by Prestige Property Maintenance and Management, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The award of Bid #00-24B to Prestige Property Maintenance Management, Inc. is HEREBY authorized, a copy of said Bid being hereto attached as Fvhihi+ 1 L:1 SECTION 3: The appropriate City Officials are HEREBY authorized to execute an agreement with Prestige Property Management and Maintenance, Inc., a copy of said Agreement being hereto attached as Exhibit 2. SECTION 4: An annual total expenditure in an amount not to exceed $443,279 is HEREBY authorized from within the General and Stormwater Management Funds. SECTION 5: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. U Temp Reso #9162 Page 3 November 8, 2000 E n 1 SECTION 6: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of 2000. Jqt SCHREIBER AYOR ATTEST::., MARION SE ON CITY CLERK I HEREBY CERTIFY that I Have approve his / REfOLUTI s„to for�fi. XITCHELL S. KRA CITY ATTORNEY U:\adm correspondence\agenda\9162RES-Grounds Maintenance Contract Award w TEMP. -RESO. No. C O REQUEST FOR BID F TAjUl�� BID # 00-24B CITYWIDE LANDSCAPE MAINTENANCE FINANCE DEPARTMENT PURCHASING DIVISION CITY OF TAMARAC 7525 NW 88TH AVENUE TAMARAC, FLORIDA 33321-2401 Contract Documents: Notice Inviting Bids General Terms and Conditions Special Conditions Technical Specifications Bid Forms Bid Form Attachments Standard Form Of Agreement TABLE OF CONTENTS 1 Page No. 2 9-13 14-29 30 - 46 47 - 56 57 - 63 F TA �1 City of Tamarac Finance Department, Purchasing Division 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-2450 Facsimile (954) 724-2408 Website: www.tamarac.org BID 00-24B INVITATION TO BID Sealed bids, addressed to the Purchasing and Contracts Manager of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until Wednesday, August 30, 2000 at 2:00 p.m., at which time bids will be publicly opened and announced for: CITYWIDE LANDSCAPE MAINTENANCE All bids received after the date and time stated above will be returned unopened to the Bidder. All Bidders are invited to attend the opening. One original and two copies (2) of the bid shall be submitted on an official bid form furnished with the bid package and those submitted otherwise will not be considered responsive. The submittal shall be plainly marked "Bid No. 00-24B CITYWIDE LANDSCAPE MAINTENANCE opening on Wednesday, August 30th, 2000 at 2:00 p.m." on the outside of the envelope. A Mandatory Pre -Bid Conference, including a site tour will be held on Tuesday, August 8th at 10:00 a-m, at the City of Tamarac, City Ha a Room 105, 7525 NW 88th Avenue, Tamarac, Florida. At this conferences- contractors in ttendance are encouraged to ask any questions concerning the project.(A 5% Bid Bond mu t be submitted with each bid. The work performed consists of the Contractor shin abor, materials, tools, and equipment necessary as indicated in the specifications. The City reserves the right to accept or reject any or all bids, or any part of any bid, to waive any informalities, and to award in the best interest of the City of Tamarac. Bid documents will be available for review and may be obtained from the office of Purchasing Division, 7525 NW 88th Avenue, Tamarac, FL 33321. y Anne M. Lodato, CPPB Senior Buyer Publish Sun Sentinel: Sunday, 7/23/00 Sunday, 7/30/00 2 Equal Opportunity Employer INSTRUCTIONS TO BIDDERS BID 00-24B CITYWIDE LANDSCAPE MAINTENANCE It is the intent of the City to award this bid to the lowest responsible and responsive bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of The City of Tamarac. The City reserves the right to award the bid on a split order basis, lump sum or individual item basis unless otherwise stated. Description of Work: The City of Tamarac is interested in obtaining proposals from qualified Contractors, for an initial three (3) year contract, with the option to renew for one (1) additional three (3) year period, to provide the best quality landscape maintenance service available at the most economical price. Service and good workmanship are of primary concern. GENERAL TERMS AND CONDITIONS These general terms and conditions apply to all offers made to the City of Tamarac by all prospective Bidders including but not limited to Request for Quotes, Request for Bids and Request for Proposals. As such the words "bid" and "proposal" are used interchangeably in reference to all offers submitted by prospective bidders. 1. SUBMISSION OF THE BID: The Bidder is directed to deliver sealed bids to the City's Purchasing Office, City of Tamarac, 7525 N. W. 88th Avenue, Tamarac, Florida 33321, ON: Wednesday, August 30th, 2000 at 2:00 P.M. At this time the bids will be opened, the names of all Bidders will be announced and all bids shall be a matter of public record. All Bidders and their representatives are invited to attend. The Bidder must show the bid number, bid name, time and date of the bid opening on the outside of the sealed bid package. Delivery of the sealed bids to the City Purchasing Office on or before the above date is solely and strictly the responsibility of the Bidder. Late bids will be returned unopened to the Bidder. It is the Bidder's responsibility to read and understand the requirements of this bid. Unless otherwise specified the Bidder must use the bid form furnished in the bid packet. Bidders are required to state exactly what they intend to furnish to the City via this Solicitation and must indicate any variances to the terms, conditions and specifications of this bid, no matter how slight. If variations are not stated in the bid, it shall be construed that the Bidder's bid fully complies with all conditions identified in this bid. The Bidder shall submit one (1) ORIGINAL and two (2) copies of the bid. The ORIGINAL bid must be manually and duly signed in ink by a Corporate Officer, Principal, or Partner with the authority to bind the bidding company or firm by his/her signature. All quotations must be typewritten or filled in with pen and ink. Bids having erasures or corrections must be initialed in ink by the Bidder. 3 All prices, terms and conditions quoted in the submitted bid will be firm for acceptance for sixty days from the date of the bid opening unless otherwise stated by the City. 2. BONDING: An acceptable Bid Bond, Cashier's Check, or Certified Check payable to the City of Tamarac in amount not less than 5 % (percent) of the bid, must accompany the bid. Additional bonding may be required in the Special Terms and Conditions of this invitation. The Bonding must be executed by a surety company authorized to do business in the State of Florida or secured in a manner satisfactory to the City of Tamarac. 3. WITHDRAWAL OF BID: Any Bidder may withdraw its bid prior to the indicated opening time. The request for withdrawal must be submitted in writing to the City Purchasing Office. 4. PUBLIC ENTITY CRIMES FORM: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 5. NON -COLLUSIVE AFFIDAVIT: Each Contractor shall complete the Non -Collusive Form and shall submit the form with the Proposal. CITY considers the failure of the Contractor to submit this document to be a major irregularity and may be cause for rejection of the Proposal. 6. QUANTITIES: Quantities shown are estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the City. 7. PRICES, PAYMENTS AND DISCOUNTS: Bid prices shall be fixed and firm to the extent required under Special Conditions. Payment will be made only after receipt and acceptance of materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. Bidders are encouraged to provide prompt payment terms in the space provided on the Bid Form. If no payment discount is offered, the Bidder shall enter zero (0) for the percentage discount to indicate net 30 days. If the Bidder does not enter a percentage discount, it is understood and agreed that the payment terms shall be 2% 10 days, net 30 days effective on the date that the City receives an accurate invoice or accepts the product, whichever is the later date. Payment is deemed to be made on the date of the mailing of the check. 8. DELIVERY: All items shall be delivered F.O.B. destination to a specific City of Tamarac address. All delivery cost and charges must be included in the bid price. All exceptions shall 4 be noted. Failure to do so may be cause for rejection of the bid. The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the bid. 9. BRAND NAMES: Manufacturers' name, brand name, model number or make is used in these specifications for the sole purpose of establishing minimum requirements of quality, performance and design. 10. SAMPLES AND DEMONSTRATIONS: When requested samples are to be furnished free of charge to the City. If a sample is requested it must be delivered within seven days of the request unless otherwise stated in the bid. Each sample must be marked with the bidder's name and manufacture's brand name. The City will not be responsible for returning samples. The City may request a full demonstration of any product or service before the award of a contract. All demonstrations will be done at the expense of the Bidder. 11. CONDITIONS OF MATERIALS: All materials and products supplied by the Bidder in conjunction with this bid shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Bidder at no cost to the City. 12. COPYRIGHTS OR PATENT RIGHTS: The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this bid. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. 13. SAFETY STANDARDS: The Bidder warrants that the product(s) supplied to the City conforms with all respects to the standards set forth in the Occupational Safety and Health Act and its amendments to any industry standards if applicable. 14. PERFORMANCE: Failure on the part of the Bidder to comply with the conditions, terms, specifications and requirement of the bid shall be just cause for the cancellation of the bid award. The City may, by written notice to the Bidder, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 15. DEFAULT: In the event that the Bidder defaults on the contract or the contract is terminated for cause due to performance, the City reserves the right to obtain the materials or services from the next lowest Bidder or other source during the remaining term of the contract. Under this arrangement the City will charge the Bidder any excess cost occasioned or incurred thereby and shall apply to any bid bond required. 16. TERMINATION FOR CONVENIENCE OF CITY: Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to the Bidder, the CITY may without cause and without prejudice to any other right or remedy, terminate the Bid for the 5 CITY's convenience whenever the CITY determines that such termination is in the best interest of the CITY. Where the Bid is terminated for the convenience of the CITY the notice of termination to the Bidder must state that the contract is being terminated for the convenience of the CITY under the termination clause and the extent of termination. Upon receipt of the notice of termination for convenience, the Bidder shall promptly discontinue all work at the time and to the extent indicated on the notice of termination, terminate all outstanding sub -contractors and purchase orders to the extent that they relate to the terminated portion of the Contract and refrain from placing further orders and sub -contracts except as they may be necessary, and complete any continued portions of the work. 17. ASSIGNMENT: The Bidder shall not transfer or assign the performance required by this bid without the prior written consent of the City. Any award issued pursuant to this bid and monies that may become due hereunder are not assignable except with prior written approval of the City. 18. EMPLOYEES: Employees of the Bidder shall at all times be under its sole direction and not an employee or agent of the City. The Bidder shall supply competent and physically capable employees. The City may require the Bidder to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Bidder shall be responsible to the City for the acts and omissions of all employees working under its directions. 19. TAXES: The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 20. BID PREPARATION EXPENSE: The Bidder preparing a bid in response to this bid shall bear all expenses associated with its preparation. The Bidder shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for the expense of bid preparation and/or presentation. 21. SITE INSPECTION: It shall be the responsibility of the Bidder to inspect the site before submission of bids. No plea of ignorance by the Bidder of conditions that exist or that may hereafter exist as a result of failure to fulfill the requirements of this contract will be accepted as the basis for varying the requirements of the City or the compensation to the Bidder. 22. OMISSION OF DETAILS: Omission of any essential details from these specifications will not relieve the Bidder of supplying such product(s) as specified. 23. INSURANCE REQUIREMENTS: Bidder agrees to, in the performance of work and services under this Bid, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this Bid that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. Bidder shall obtain at Bidder's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Bid. Bidder shall maintain such insurance in full force and effect during the life of this Bid. Bidder shall provide 9 to the City's Risk Manager certificates of all insurance required under this section prior to beginning any work under this Bid. Bidder shall indemnify and save the City harmless from any damage resulting to it for failure of either Bidder or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage which the Bidder agrees to maintain during the term of this contract: Limits Line of Business/ Coverage Commercial General Liability Occurrence $1,000,000 Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 Workers' Compensation & Employer's Statutory Liability Aggregate $1,000,000 $1,000,000 The City reserves the right to require higher limits depending upon the scope of work under this Bid. Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Bidder will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverages throughout the term of this Bid. All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. The Bidder's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Bidder's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Bidder shall be responsible for the payment of all deductibles and self -insured retentions. The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self -insured retention. 7 If the Bidder is to provide professional services under this Bid, the Bidder must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. 24. INDEMNIFICATION: The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Bidder or his Subcontractors, agents, officers, employees or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. 25. CLARIFICATION TO TERMS AND CONDITIONS: Where there appear to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Detailed Specifications outlined in this bid, the Special Conditions and/or the Detailed Specifications shall prevail. The Bidder shall examine all bid documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquires, suggestions, request concerning clarification or solicitation for additional information shall be submitted in writing to the City of Tamarac Purchasing and Contract Manager. The City shall not be responsible for oral interpretations given by any City employee or its representative. 26. BID TABULATION: Bidders who wish to receive a copy of the bid tabulation should request it by enclosing a stamped, self-addressed envelope with their bid, or by requesting a tabulation be sent to their fax machine. Bid results will not be given out by telephone. The City does not notify unsuccessful bidders of contract awards. 27. RECORDS/AUDITS: The Contractor shall maintain during the term of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor, The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract for the duration of the contract and retain them for a minimum period of one (1) year beyond the last day of the contract term. SPECIAL CONDITIONS 1. ASSIGNMENT OF CONTRACT: Neither this contract, nor any portion thereof, shall be assigned, except by formal approval of the City Commission. No such approval will be construed as making the City a part of or to such assignment, or subjecting the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the contractor of his liability and obligation under this contract, and despite any such assignment, the City shall deal through the Contractor only. However, if the company is sold during the life of the contact, the buying agent must provide the City with a letter signed by an officer of the new owner that can legally bind the company, stating that they will continue to perform the requirements of the contract under all the terms, conditions, and specifications so stated in the contract. 2. CONTRACTOR'S RESPONSIBILITY: Contractor shall provide sufficient manpower so as to perform work safely and expeditiously with all equipment plainly marked with the company name. All equipment provided pursuant to this Bid shall be in good and proper working order. The contractor shall provide a qualified foreman present on the site at all times, as a fully authorized agent of the contractor, and capable of making on -site decisions. The contractor shall be aware that the job site is not secure, and as such is subject to pedestrian traffic at all times of the day and night. It shall be the responsibility of the contractor to secure the job site at all times during and after construction to protect the general public from harm, and remove from the job site and properly dispose of all residues at the end of each and every workday. No unsecured materials or equipment are to be on site at night or over a weekend, unless arrangements have been made with and prior approval obtained from applicable representative of the Home Owners' Association in writing. Any materials or equipment left on site shall be with the Contractor, who is fully and totally responsible for security. 3. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY: Extreme care shall be taken to safeguard all existing facilities, site amenities, utilities, irrigation systems, windows, and vehicles on or around the job site. Damage to public and/or private property shall be the responsibility of the contractor and shall be repaired and/or replaced in equal or better condition at no additional cost to the City. The contractor shall use all means to protect existing objects, structures and vegetation designated to remain. In the event of damage, contractor shall immediately make all repairs, replacements and dressings to damaged materials, to the approval of the City, at no additional cost to the City. In the event of damage to public and/or private property, the contractor shall immediately contact the City's Public Works Department by telephone (954) 724-241 Q and inform the appropriate staff member about the location and extent of the damages. 4. PERMITS AND LICENSES: The contractor shall be responsible for securing all City Building permits. However, all City permit fees are waived. The contractor shall submit copies of all permits required for this work. The contractor will be responsible for all applicable State and County fees. 9 5. SUBMITTALS: Contractor shall submit all required forms and documents as required by this contract including but not limited to bonds, insurance certificates and any required drawings within 15 days from the Notice of Award. Additionally, Contractor shall apply for all applicable licenses or permits within 15 days of the Notice of Award. 6. WAIVER OF LIENS: Prior to Final Payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is subject of the BID. Payment of the invoice and acceptance of such payment by the CONTRACTOR shall release the CITY from all claims of liability to the CONTRACTOR in connection with the BID. 7. PAYMENT: Payment will be made after project has been completed, accepted, and properly invoiced. Invoices must bear the project name, bid number and purchase order number. The City has up to thirty (30) days to review, approve and pay all invoices after receipt. The contractor shall invoice the City and provide a written request to the City to place the release of the Performance Bond on the City Commission Agenda, thereby beginning the one-year warranty period. 8. CONTRACT DOCUMENTS: In addition to the Agreement, the contract documents shall consist of the Standard Form Of Bid, Bid Proposal executed and submitted by the contractor, Project specifications, plans and specifications (where applicable), any addendum's or change orders, bond(s), insurance certificate, and the City resolution awarding the bid. 9. CHANGE ORDERS: Without invalidating the contract, without any monetary compensation, and without notice to any surety, the City reserves and shall have the right to make increases, decreases or other changes to the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory manner. The contractor shall not start work pursuant to the change order until a change order setting forth the adjustments is approved by the City, and executed by the City and Contractor. Once the change order is so approved, the contractor shall promptly proceed with the work. A. CHANGES IN THE WORK/CONTRACT PRICE: 1. Contract Price The Contract Price constitutes the total compensation (subject to authorized adjustments, if applicable) payable to the Contractor for performing the work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at his expense without change in the Contract Price or Time except as approved in writing by the Project Manager. 2. Change Order The Contract Price and/or Time may only be changed by a Change Order. A FULLY EXECUTED CHANGE ORDER FOR ANY EXTRA WORK MUST EXIST BEFORE SUCH EXTRA WORK IS BEGUN. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. The amount of the claim with supporting data shall be delivered (unless the Engineer allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts to which the claimant is entitled as a result of the occurrence of said event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph. B. CHANGES IN CONTRACT TIME: 1. Change Order The Contract Time may only be changed by a Change Order. A FULLY EXECUTED CHANGE ORDER MUST EXIST PRIOR TO EXTENSION OF THE CONTRACT TIME. 2. Notice Any claim for an extension of the Contract Time shall be based on written notice delivered by the party making the claim to the other party fifteen (15) days prior to the substantial completion date of the project. Notice of the extent of the claim shall be delivered with supporting data and stating the general nature of the claim. Contractor hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Contractor has given the notice and the supporting data required by this Paragraph. 3. Basis For Extension Extensions of time shall be considered and will be based solely upon the effect of delays to the work as a whole. Extensions of time shall not be granted for delays to the work, unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay the progress of work as a whole. Time extensions shall not be allowed for delays to parts of the work that are not on the critical path of the project schedule. Time extensions shall not be granted until all float or contingency time, at the time of delay, available to absorb specific delays and associated impacts is used. 11 C. CITY'S OPTION: In the event satisfactory adjustment cannot be reached by the City and the Contractor for any item requiring a change in the contract, and a change order has not been issued, the City reserves the right at its sole option to terminate the contract as it applies to these items in question and make such arrangements as the City deems necessary to complete the work. The cost of any work covered by a change order for an increase or decrease in the contract price shall be determined by mutual acceptance of a lump sum by the City and Contractor. If notice of any change in the contract or contract time is required to be given to a surety by the provisions of the bond, the giving of such notice shall be the contractor's responsibility, and the amount of each applicable bond shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to the CITY. Failure of the Contractor to obtain such approval from the Surety may be a basis for termination of this Contract by the CITY. 10. LIQUIDATED DAMAGES: Upon failure of Contractor to complete the work within the time specified for completions, (plus approved extensions if any), Contractor shall pay City the sum of $250 for each calendar day that the completion of the work is delayed beyond the time specified in the contract for completion, as fixed and agreed liquidated damages and not as a penalty. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by City as a consequence of such delay and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the contract on time. Regardless of whether or not a single Contract is involved, the above -stated liquidated damages shall apply separately to each portion of the work for which a time of completion is given. City shall have the right to deduct from and retain out moneys which may be due or which may become due and payable to Contractor, the amount of such liquidated damages and if the amount retained by City is insufficient to pay in full such liquidated damages, Contractor shall pay in full such liquidated damages. Contractor shall be responsible for reimbursing City, in addition to liquidated damages or other per day damages for delay, for all costs of engineering, architectural fees, and inspection and other costs incurred in administering the construction of the project beyond the completion date specified or beyond an approved extension of time granted to Contractor whichever is later. These liquidated damages will not prohibit City from recovering ascertainable actual damages incurred as a result of the same delay to which the liquidated damages apply. Contractor may be liable for both liquidated damages as stated herein, and for excess completion costs of this project. In the event Contractor has been either terminated from or has abandoned the project prior to completion, this liquidated damages clause is still applicable to hold Contractor liable for the liquidated damages. 12 It BONDS: The contractor shall furnish a 5% Bid Bond. The contractor shall furnish separate Performance and Payment Bonds in the amount of 100% of the total bid award amount as security for the faithful project performance and payment of all of the contractor's obligations under the contract documents, per City Code Section 10-156. At the completion and formal approval and acceptance of all work associated with the project, a one year warranty period will begin. At this time, a warranty bond in an amount not less than 25% of the final contract amount must be submitted. If the surety on any bond furnished by the contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in Florida, the contractor shall, within seven (7) days thereafter, substitute another bond meeting the requirements outlined above, which must also be acceptable to the City. 13 CITYWIDE LANDSCAPE MAINTENANCE BID 00-24B TECHNICAL SPECIFICATIONS SCOPE OF SERVICES: The City of Tamarac is interested in obtaining proposals from qualified Contractors, for an initial three (3) year contract, with the option to renew for one (1) additional three (3) year period, to provide the best quality landscape maintenance service available at the most economical price. Service and good workmanship are of primary concern. The work consists of furnishing all labor, materials, equipment, tools, service and supervision necessary to properly complete the project. Installation shall be by a licensed landscape contractor and crew with at least three years of verifiable full-time experience with landscaping projects of similar nature or dollar cost. SPECIFICATIONS: The Specifications listed below constitute the technical specifications for this project. Contractor shall be responsible for taking measurements and verifying all dimensions, conditions, quantities and details shown on the drawings, schedules, or other data received from the City, and shall notify City of all errors, omissions, conflicts and discrepancies found therein. Failure to discover or correct errors, conflicts or discrepancies shall not relieve Contractor of full responsibility for unsatisfactory work, faulty construction, or improper operation resulting therefrom nor from rectifying such condition at Contractor's own expense. SECTION 1. DEFINITIONS 1.1 DEBRIS & LITTER: Objects that are unsightly or present obstacles to mowing and other grounds maintenance operations including but not limited to, rocks in lawn areas, wind and storm damage items; paper, glass, trash, or debris deposited or blown onto the sites; palm fronds and tree limbs; and illegally posted signs within the public rights - of -way, are to be removed by Contractor, at Contractor's expense. 1.2 EDGING: The cutting of overhanging vegetation away from the hard surface (curbs, sidewalks, driveways, etc.) to include actual depth penetration of soil. 1.3 HEDGE TRIMMING: The trimming of hedges or any shrub material. 14 1.4 I.P.M.: Integrated Pest Management is a sustainable approach that combines the use of prevention, avoidance, monitoring and suppression strategies in a way that minimizes economic, health, and environmental risks. IPM will be implemented for the treatment of damaging insects and diseases to shrub and turf areas. Incidental application of pesticide will be done as needed. Ant bait will be used for control of ant hills upon monthly inspection. Post and pre -emergent herbicides will be applied to control weeds in landscape beds, tree rings, pavers and crack weeds. 1.5 IRRIGATION: All of the plumbing and electrical devices involved in the distribution of irrigation water. The plumbing begins at, but does not include, the main supply and ends with the drain valve or sprinkler head. The electrical begins at, and includes, the electrical controller (including box) and ends with the electrical solenoid on a valve or sprinkler head. 1.6 MULCH: Shall mean shredded cypress, melaluca, eucalyptus, or rainbow (red mulch). 1.7 PERFORMANCE BOND: Shall mean the form of security approved by the City and furnished by the Contractor as a guarantee that the Contractor will execute the work in accordance with the terms of this Bid and will pay lawful claims. 1.8 PROPER VEHICLES: Any vehicle that is not in violation of any provision of this Bid is a proper vehicle. 1.9 PEST CONTROL: The use of integrated pest management techniques to control outdoor pests such as weeds, rodents, plant insects and diseases. 1.10 SCOPE OF WORK: The work in this Bid shall consist of the supervision, materials, equipment, labor and all other items necessary to complete said work. 1.11 SHRUB: A woody plant of relatively low height, distinguished from a tree by usually having several stems rather than a single trunk. 1.12 WEED EATING: The cutting of grass and weeds in areas that is inaccessible to mowers due to obstacles. 1.13 WEED: Any plant growing where it is not desired. Plants such as, but not limited to: clover, dandelions, purslane, chickweed, plantain, knotweed, black medic, and volunteer trees are also considered weeds. Grass in plant, rock and shrub beds, cracks in sidewalks, streets and parking lots is also a weed. SECTION 2. TERM 2.1 PERFORMANCE PROBATION PERIOD: The Contractor will enter into a three (3) month probationary period beginning on the date of the contract award. During this time City staff will closely scrutinize the Contractor's performance. If the performance IN is acceptable, the Contractor will be notified and the contract will extend through the expiration date given in the Agreement. The City has the right to terminate the contract during the probationary period with or without cause, and this right shall be solely at the discretion of the City. . 2.2 CONTRACT TERM: The term of the Agreement shall be for a three (3) year period commencing on and including December 10, 2000 and expiring on December 9, 2003. Service shall commence no later than fourteen (14) days from the date the Agreement is executed by both parties. 2.3 OPTION EXTENSION): City shall have the option to extend the term of the Agreement on a month -to -month basis upon thirty (30) days written notice to the Contractor. 2.4 RENEWAL TERM: The City reserves the right to renew the terms of this Bid for one (1) additional three (3) year increment pending a mutual Agreement between the City and the Contractor and a review of contractor's performance for the previous years. City shall do such review with a written notice to Contractor. SECTION 3. SCOPE OF SERVICES 3.1 GENERAL STATEMENT OF CONTRACTOR'S OBLIGATIONS: Contractor hereby agrees to provide landscape maintenance to public right-of-ways and/or medians within the corporate limits of the city at specific locations as described in the schedule of prices for level 2 areas, Attachment "A" Bid Form. 3.2 MOWING SPECIFICS: (a) Mowing shall be performed in a manner consistent with landscape maintenance industry standards that ensures smooth surface appearance without scalping or leaving any missed uncut grass. (b) Reel mowers with rollers or rotary mowers will be used on St. Augustine grass; reel mowers with roller, rotary mowers, or flail mowers will be used on Bahia grass. (c) All mowers must be adjustable and adjusted to the proper cutting height and level for the kind of grass and current condition of the turf. Mower blade height adjustment is to be measured from a level floor surface to the parallel and level plane of the mower blade. (d) All mower blades are to be sharp enough to cut, rather than to tear grass blades. 16 (e) All litter and debris is to be removed from turf before mowing to avoid shredding that will damage turf appearance, or items that may be propelled by mower blades. (f) Mowing will be done carefully so as not to damage bark of trees or shrubs, intrude into ground cover beds, damage sodded berms, damage to sprinkler heads, valves, manifolds, time clocks, curbs, or other facilities. (g) Grass clippings or debris caused by mowing, weed eating or trimming will be removed from adjacent walks, drives, gutters, and curbs or surfaces on the same day as mowed or trimmed. Nothing shall be allowed to stay in the vicinity of a stormwater inlet/catch basin(s) nor be allowed to enter into any body of water. Failure to follow these requirements may result in termination of the contract. (h) Mowing will not be done when weather or conditions will result in damaged turf or uneven cutting. (1) Berms must be mowed without damaging the turf. 0) St. Augustine Grass shall not be mowed lower than two (2) inches in height. Cut heights should be set to remove half (1/2) of the blade height, not to exceed three quarter (3/4) of the blade height, with an average maintained height of three (3) to four (4) inches. (k) Clippings from St. Augustine and Bahia grass shall be removed from right-of- way natural turf areas when excessive clippings result from growth rates exceeding mowing frequencies specified in section 3.3 of this Bid. The City's supervisor shall make excessive clippings determination. (1) Bahia grass shall not be mowed lower than two (2) inches in height. Cut heights should be set to remove half (1/2) of the blade height, not to exceed three quarter (3/4) of the blade height, with an average maintained height of three (3) to four (4) inches. 3.3 MOWING FREQUENCIES: (a) Level_1 (St. Augustine): Thirty (30) to thirty-two (32) times annually based on a frequency of three (3) times per month, in the months of April through October and two (2) times per month, in the months of November through March. (b) Level 2_(B_ahia): Twenty-six (26) to twenty-eight (28) times annually based on a frequency of three (3) times per month, in the months of May through September and two (2) times per month, in the months of October, November, March and April, with December, January and February only requiring one (1) per month. 3.4 SHRUB AND HEDGE CARE: Shrubs shall be maintained in a healthy, growing correct -color condition and in the shape and area specified, or as specifically directed by City designee. 17 w Contractor shall prune & trim all shrubs and hedges, which include but not be limited to, the removal of dead and/or broken branches, suckers or sprouts, branches that may hang over walkways, grow through fences or obscure roadway vision. Pruning shall be performed to have shrubs appear orderly and neat at all times. All pruning & trimming will be accomplished in accordance with standard practices including the use of sharp cutters and not hedge shears for pruning. Machetes shall not be permitted for any operation. 3.6 WEED EATING AND EDGING: (a) Weed eating: Grass shall be trimmed during, or as an immediate operation following, mowing. Weed eating may be accomplished by hand or hand powered shears or rotary nylon "fish line" cutting machines. Grass will be trimmed at the same height as adjacent turf is mowed, and as needed to remove all grass leaves from around all obstacles and vertical surfaces in the turf such as posts, trees, walls, cement medians. Berms shall be trimmed with a small trim mower only. Contractor shall use special care when weed eating around trees to limit damage to bark surface and/or the living cambium layer beneath, and when weed eating around sprinkler heads and other irrigation system fixtures to assure their proper water delivery function. (b) Edging: Mechanical edging of all turf edges abutting sidewalks, and flush paved surfaces, including all road curbs, drives, etc., will be done during or as an immediate operation following the mowing for the cycle as follows: turf will be edged approximately eighteen (18) inches outside and around all trees that are in lawn areas, or as directed by City designee. Turf will be edged approximately ten (10) inches out from the drip line of shrubs and hedges. Turf edging at shrub beds, flower beds, ground cover beds, hedges, or around trees (where edging rather than weed eating is directed) shall be edged with a manual or mechanical edger to a neat vertical uniform line. Dirt and debris produced by edging or weed eating will be removed and swept from adjacent hard surfaces during or as an immediate operation following the mowing. (c) Chemical Edging: Chemical application may be used as an alternative to mechanical edging to kill weeds and trim in and around areas such as planters, areas adjacent to buildings, trees, fence lines, sprinkler heads and cement medians (concrete divider isles). Prior to application of chemicals, all areas shall be trimmed to proper mowing height. Chemicals shall be applied in a manner to limit drift to six (6) inches. fiR] Contractor is responsible for replacement of all damaged sod at Contractor's cost and City shall not be financially responsible for replacement of sod damaged by Contractor. If sod replacement is not complete within one week of written notification, City may replace and deduct the cost of replacement from the next monthly payment application. 3.6 WEED EATING AND EDGING FREQUENCIES: (a) Level 1 St. Augustine): Edging and weed eating to be done every time area is mowed. (b) Level 2 (Bahia): Edging and weed eating is to be done every time area is mowed. 3.7 WEED CONTROL - LANDSCAPE MAINTENANCE WEED CONTROL: (a) Weeds are to be mowed, trimmed or edged from turf areas as part of turf care operations. Weeds are to be manually or mechanically removed from shrub, hedge, ground cover or flowerbeds on the same frequency as edging and weed eating as stated in section 3.5 of this Bid. (b) Weeds are to be mechanically or chemically removed from walkways, walkway and curb gutter expansion joints and along fence lines and cement noses of concrete medians with every mowing. (c) Contractor may use contact herbicides for killing spots of weeds in St. Augustine grasses, with written permission. 3.8 TURF FERTILIZATION: Fertilization for all turf areas should be completed so as to provide one (1) pound of actual nitrogen per 1,000 square feet of lawn area, for each application specified: (a) St. Augustine Turf Fertilization: St. Augustine turf fertilization shall follow the schedule contained for the fertilization of St. Augustine lawn areas, attached as Attachment D and Attachment E. (b) St. Augustine Weed and Feed Application: St. Augustine weed and feed application shall follow the schedule attached as Attachment D and Attachment E. (c) Bahia and St. Augustine Insecticide and Fertilizer Combination: Bahia and St. Augustine insecticide and fertilizer combination shall follow the schedule attached as Attachment D and Attachment E. Me (d) Fire Ant Control: Fire ant control will be done on an as -needed basis with written City authorization only, with the use of Amdro or other insecticide labeled for fire ant control. (e) Disease Control: Disease control in turf and shrub areas will be by identification and diagnosis and application of appropriate fungicide or bactericide as needed upon written authorization of the City. 3.9 SHRUB AND GROUNDCOVER FERTILIZATION: Shrub and groundcover shall be fertilized in accordance with the Schedules attached as Attachment D and Attachment E, with a 10-10-10 mixture with microelements at the rate of three quarter (3/4) pound of fertilizer per 100 square feet of shrub area. 3.10 MULCH: Mulch shall be added to planting beds once a year in March. Mulch shall be applied three (3) inches thick. Beds will be clean of weeds when new mulch is applied. Beds may be cultivated to help achieve this depth prior to application of new mulch. 3.11 TREE CARE: All tree work shall be supervised by a Licensed Arborist, licensed by, and a member in good standing of, the National Arborist Association (NAA). Additionally, all pruning shall be in accordance with the NAA, 1989 Revision of "Pruning Standards for Shade Trees" or most current edition. Under all circumstances, this work should be performed so as to ensure the highest possible value for each tree is maintained, based on the International Society of Arboriculture (ISA) Standard Valuation Guidelines. Other Standards of practice as published by the United States Department of Agriculture, Florida Department of Agriculture and Consumer Services - Division of Forestry, and/or University of Florida/Florida Cooperative Extension Service Institute of Food and Agriculture Sciences, may be referenced when local conditions are not specifically addressed by the NAA or ISA guidelines. (a) Palm Trees: Dead fronds from palm trees shall be removed from the ground as they fall. All Palms throughout the City shall be thinned of dead fronds and trimmed once annually. (b) Shade Trees: Shade Trees shall be pruned to remove sucker growth and to maintain clear visibility between grade and a height of at least six (6) feet. All damaged, dead or diseased limbs resulting from weather or pests shall be removed immediately. All trees throughout the City shall be thinned and trimmed once annually. (c) Accent Trees: Accent Trees such as Cattley Guava, Ligustrum and Oleander Standards shall be pruned by thinning to maintain shape of tree every other month. (d) Debris: All debris, limbs and fronds will be picked up the same day of pruning. Failure to pick up debris will result in a fee of $50.00 per day, as long as debris remains. The parties agree that damages consequent to a breach of this section are not readily ascertainable at the time of execution of this Bid, and agree that $50 per 20 day is an amount proportionate to the cost incurred by the City as a result of such breach. The parties agree that this amount is not intended as punitive damages. 3.12 TREE FERTILIZATION: (a) Tree fertilization: Shade trees shall be fertilized in accordance with herein attached Attachment D and Attachment E with a 8-10-10 or 10-10-10 mixture complete fertilizer with microelements, at a rate of one (1) pound per caliper inch of trunk diameter at breast height (DBH). (b) Palm Tree Fertilization: Palms shall be fertilized in accordance with herein attached Attachment D and Attachment E with a complete 10-5-5 mixture Palm Special type fertilizer containing microelements at the rate of one (1) to five (5) pounds per palm, dependent on the trunk diameter, generally one-half (2) pounds per inch of trunk diameter. 3.13 LITTER AND DEBRIS CONTROL: 3.13.1 Standard Services: (a) Litter removal from turf areas and plant beds and designated right-of-way areas shall be complete prior to each mowing operation in the same day. (b) Litter is to be removed entirely from the sites and disposed of in accordance with City of Tamarac Ordinances, at Contractor's expense (no dumping on City property shall be permitted). (c) The City reserves the right to maintain ownership of all shrub and tree trimmings, for mulch cultivation services. The Contractor shall be required to deliver said trimmings to the Public Works Department if requested by Landscaping Division, as part of services. (d) City retains the right to request debris removal upon a finding by City staff that such services are necessary. 3.13.2 Storm & Hurricane Debris Removal: (a) The Contractor shall make available to the City upon request, up to two (2) five (5)-man crews, including required equipment, for trash and vegetative debris removal. These services shall be performed following significant weather events, at the City's discretion. (b) The Contractor shall make these services available to the City within 12 hours, whereby the City maintains the right of refusal. In the event the City relinquishes this service, the City may later request such service upon reevaluation by City staff. 21 3.14 IRRIGATION: (a) Inspections: Contractor shall check irrigation systems upon each mowing operation to ensure no damage to heads or valves. The entire irrigation system shall be thoroughly inspected and wet tested for proper coverage two (2) times a month by Contractor. Contractor will replace any heads or valves damaged by Contractor in the act of mowing at Contractor's expense. Cost of replacement will be charged to Contractor and shall be performed by a licensed irrigation contractor. City personnel reserve the right to inspect all systems. (b) Adustments: The Contractor shall be responsible for any adjustments to time clocks or other irrigation control devices. The Contractor will, as part of routine inspection services, make any minor head, or nozzle adjustments to maintain full irrigation coverage as are needed, including but not limited to, straightening/resetting of misaligned heads and cleaning of nozzles. (c) Replacements: Replacements for damage caused during maintenance shall remain the responsibility of the Contractor. Contractor shall replace items needed due to normal wear and tear or damages caused by equipment other than that used for maintenance. These costs will be as per set rate herein attached as Attachment "B" of this Bid. (d) Materials to be utilized in the performance of this Bid are as follows: Heads Rainbird 1800 Series 6" & 4" Pop -ups (w/PA-8 shrub adapters) Rainbird R-50 Series Rotary (3.0) Hunter PGP Rotary 6" Pop-up Hunter PGM Rotary 4" Shrub Toro 300 XP Rotary Stream Pop -ups Toro 570 Series 6" & 4" Pop -ups Hardie HS 6" Pop -ups Saf-T-Lawn 6" Pop -ups Valves - Hardie 700 Ultraflow Electric Globe Rainbird 150/200 PE Electric Angle AVP Pressure Valves FimCo Hydroindexing Valves 3.15 CHEMICAL PEST CONTROL: (a) Turf Insecticide Program: Turf insecticide program on St. Augustine turf will receive preventative application of insecticide as outlined in Schedule #1 and Schedule #2 attached as Attachment D and Attachment E. After required applications, insect control will be identification of target insect and treated on an as -needed basis (unit price) upon City authorization. P% (b) Shrub, Tree, Groundcover Insect Control: Shrub, tree and groundcover insect control shall be for specific insects identified by City staff as problematic and treated as needed upon City authorization. Some specific insects to be controlled are aphids, scale and grasshoppers. (c) General Use of Chemicals: 1. All work involving the use of chemicals shall be in compliance with all federal, state and local laws and will be accomplished by or under the direction of a person holding a valid Florida Certified Pesticide Applicators License. Application shall be in strict accordance with all governing regulations. 2. A listing of proposed chemicals to include commercial name, application rates and type of usage including Material Safety Data Sheets (M.S.D.S.) shall be submitted to the City designee for approval at the beginning of this Bid. All proposed chemicals shall be approved by the Florida Department of Agriculture. No work shall begin until written approval of use is obtained from the City designee. 3. Chemicals shall only be applied by or under the supervision of those persons processing a valid Florida Certified Pesticide Applicators License. Applications shall be in strict accordance with all governing regulations. 4. Records must be kept and retained (with copies provided to the City in application report) as prescribed by law for the use of pesticides of all operations stating dates, times, methods of applications, chemical formulations, applicator's names and weather conditions. 5. Chemicals shall be applied when air currents are still and using methods preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in or near the project. No spray applications are permitted when prevailing wind speeds exceed five (5) miles per hour. 6. Any soil, sod or plants contaminated or damaged by misuse of chemicals on the sites will be removed and replaced, with such removal and replacement cost paid for by Contractor. 3.16 GENERAL: (a) Damages: Damage to landscape material due to any cause shall be immediately corrected by Contractor. This includes up righting and staking any fallen or leaning trees and palms; removal of dead or damaged material; and minor grading and replacement of sod displaced by vehicles. Any pits left from tree removal shall be 23 filled with good soil and sod laid to match existing grade. (Contractor must contact City designee within twenty four (24) hours of such repairs.) Contractor shall also replace any landscape, irrigation, or structures damaged by maintenance operations or due to neglect to perform these specifications. If the Contractor fails to repair damages or replace the damaged item the City shall charge cost of all labor & materials required to complete reinstallation, to maintenance contractors. (City designee will notify Contractor prior to replacement of repair.) (b) Reports: The Contractor shall be provided with a checklist to be filled out and returned to the Public Works Landscape Supervisor or designee after each grounds maintenance and/or irrigation operation. All maintenance operations and the dates they were performed shall be noted, and any repairs or damages shall be described. No payment will be made unless all reports are provided. (c) Schedule: Contractor shall provide a weekly schedule of daily activities to Public Works Landscape Supervisor or designee a minimum of two (2) weeks prior to beginning of scheduled work. (d) Time Limits: All maintenance shall be performed in accordance with Contractor's approved time schedule, submitted after Notice of Award. The following limitations shall apply, and may only be modified if requested in writing and approved by the Public Works Department Director: Irrigation only: 1. City Hall and Broward Sheriff's Office shall be maintained on weekends only. 2. All other public facilities shall be maintained on weekdays after 3:30 p.m. only. General: 3. Rights -of -way shall be maintained at any time excluding weekday rush hours, generally Monday through Friday 7:30 - 9:00 am and 4:30 - 6:00 p.m. (e) Special attention will be given to specified areas, as established by the City, prior to national holidays to ensure that the City is at its best during these times. Contractor will check area two (2) days prior to the holiday and verify that maintenance has been properly performed. 3.17 ADDITIONAL WORK: (a) Sod Replacement: Contractor will supply sod replacement to the City on an as - needed basis. Sod will be priced per square foot of removal, grade and install; prices will be adjusted annually. 24 (b) Palm and Tree Removals: Contractor will supply a set price including labor, equipment and disposal for removal of palms and trees as needed. Two (2) size rates shall be provided, one for trees and palms up to 25' in height, and one for trees and palms larger than 25' in height up to 40' in height. All removals shall include stump grinding or removal where appropriate. (c) Fertilizing: Contractor will supply labor for additional fertilizing if needed. Labor will be priced on a per 50 lb. bag basis, including cost of fertilizer. (d) Additional I.P.M.: Price shall be per 50 gallons of insecticide or 50 pounds of granular insecticide per as -needed application, including labor and materials. (e) Storm and Debris Cleanup: Debris shall be removed within the project maintenance areas after major storm events, including but not limited to hurricanes, at the City's request, on a crew hourly rate, which should include a minimum five (5) man crew, all necessary equipment, and disposal in said rate. SECTION 4. RATES, RECORDS AND BILLING 4.1 RATES: The rates referred to in Section 5 shall be applied to services performed by Contractor within service area. Contractor shall also receive compensation for additional work performed as stated in Section 5. City shall approve such additional work first. (a) The rates quoted are to apply to any area annexed into the city. (b) Contractor shall work with City to resolve any unforeseen problems that may arise during the term of this Bid. This includes, but is not limited to, providing extra crews and equipment in times of emergency. 4.2 RECORDS: Contractor agrees to maintain, at Contractor's principal office listed in this Bid, adequate books and records relating to the performance of its obligation under this Bid. 4.3 BILLING: After each maintenance operation is complete, Contractor shall request inspection by the City's supervisor, and sign -off on job ticket, to be included with each monthly invoice. Contractor then shall submit a monthly invoice on the first day of each month, itemizing all maintenance items performed the previous month, with signed -off tickets attached. A schedule of all maintenance items to be performed the following month shall be submitted with the invoice noting dates, times and locations of operations. The Public Works Department must be notified prior to any change in scheduling within five (5) working days to allow City staff to inspect sites for scheduled maintenance. Written reports must be turned in to the Public Works Department after each mowing operation on a checklist to be provided to Contractor by City. 25 Payment will be made after all services have been received, accepted, and properly invoiced. Invoices must bear the project name, bid number and purchase order number. The City has up to thirty (30) days to review, approve and pay all invoices after receipt. SECTION 5. COMPENSATION SCHEDULES AND FREQUENCIES 5.1 COMPENSATION: Contractor shall be paid the following sums for all services that Contractor provides City as stated in Attachment A. SECTION 6. CONTRACTOR'S LOCAL OFFICE 6.1 OFFICE/MANAGING AGENT: Throughout the term of this Contract, the Contractor shall establish and maintain a local office or authorized managing agent within Broward County and shall designate in writing within ten (10) days of execution of this Contract the agent upon whom all notices may be served from the City. Service upon Contractor's agent shall always constitute service upon the Contractor. 6.2 HOURS: Contractor's local office shall be open during collection hours so that City can lodge complaints, request for information, and requests for service. At a minimum, the Contractor's local office shall be available during the hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. 6.3 STAFFING: Contractor's local office shall have a responsible person in charge during regular business hours, shall be equipped with sufficient telephones, a local telephone number, and sufficient attendants to receive telephone calls. Attendant(s) shall receive calls in a courteous and polite manner, record all complaints, and resolve all complaints in an expeditious manner within the next business day SECTION 7. CONTRACTOR'S RELATION TO THE CITY 7.1 INDEPENDENT CONTRACTOR: The relationship of the Contractor to the City shall be that of an independent contractor, and no principal -agent or employer -employee relationship between the parties is created by this Bid. By entering into this Bid with the City, Contractor acknowledges that it will, in the performance of its duties under this Bid, be acting as an independent contractor and that no officer, agent or employee of the Contractor will be for any purpose an employee of the City and that no officer, agent or employee of the Contractor is entitled to any of the benefits and privileges of a City employee or officer under any provision of the statutes of the State of Florida and ordinances of the City. W. 7.2 NON -WAIVER OF POWERS AND REGULATIONS: This Bid shall not be taken or held to imply the relinquishment or waiver by the City of its power to make other reasonable requirements or regulations pertaining to the subject matter hereof, and the City hereby expressly reserves the right to make all regulations which may be necessary or proper to secure the safety, welfare and accommodation of the public, including, but not limited to, the right to adopt and enforce regulations to protect and promote the health and general welfare of the public from danger and inconvenience in the management and operation of landscape maintenance detailed herein. Further, nothing herein contained shall constitute a waiver of any of the requirements of the rules and regulations heretofore adopted by the City, including the right to make such changes and amendments to said rules and regulations as City may deem to be advisable and necessary to protect the public health and general welfare of its inhabitants. 7.3 DISCRIMINATION PROHIBITED AFFIRMATIVE ACTION: Contractor, in the execution, performance, or attempted performance of this Contract, shall not discriminate against any person or persons because of sex, race, religion, color, national origin, handicap or marital status. The said Contractor's employees or applicants for employment (as provided in Title VI of the 1964 Civil Rights Act, and the Florida Human Rights Act of 1977) understand and agree that this Bid is conditioned upon the veracity of this paragraph. Furthermore, the Contractor herein assures the City that said Contractor will comply with Title VI of the Civil Rights Act of 1964 when Federal grant(s) is/are involved. Other applicable Federal and State laws, Executive Orders, and regulations prohibiting discrimination as herein above referenced are included by reference hereto. This Statement of Assurance shall be interpreted to include Vietnam -Era Veterans and Disabled Veterans within its protective range of applicability. The Contractor must be an Equal Opportunity Employer and have an affirmative action plan. 7.4 LABOR FORCE: Employees of the Contractor shall at all times be under Contractor's sole direction and are not employees or agents of the City. The Contractor shall supply competent and physically capable employees. The City may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Contractor shall be responsible to the City for the acts and omissions of all employees working under its directions. A representative of the Contractor for the purpose of contact during regular work - hours, after-hours, weekends and holidays must be identified. The named representative will become a part of this Bid and shall be understood and agreed by both parties to be the contact person for Contractor. Said representative(s) shall be on -site, in a supervisory position, at all times during which work is being performed. Additionally, said supervisor shall be fully fluent in the English language and shall be able to maintain effective communications with all crewmembers under said supervisor's control. All personnel shall wear proper attire during City service 27 performance, including any applicable and required Occupational Safety and Health Administration (OSHA) safety articles or equipment. (a) Safety precautions: Federal, State and Local environmental regulations shall be followed to minimize the possibility of air, water and soil contamination or other undesirable results. Additionally, all work in public right-of-ways shall be performed in accordance with a Florida Department of Transportation, Broward County and/or City approved traffic maintenance plan. The costs related to any and all materials required for said traffic regulation shall be included. Access and passage by all vehicular and pedestrian traffic shall be maintained while work under this Bid is being performed. Blockage will not be permitted for more than 30 minutes without written approval of the Public Works Director or designee. (b) Contractor's responsibility: Contractor shall provide sufficient manpower so as to perform work safely and expeditiously with all equipment plainly marked with the company name. All equipment provided pursuant to this Bid shall be in good and proper working order. Unless otherwise stated, all services shall be between the hours of 8 A.M. and 6 P.M. Exceptions to this schedule can only be made with the prior approval of the City in writing. The Contractor shall provide a qualified Supervisor present on the site at all times, as a fully authorized agent of the Contractor, and capable of making on -site decisions. The Contractor shall be aware that the job site is in a City facility, that it is not secure, and as such is subject to pedestrian traffic at all times of the day and night. It shall be the responsibility of the Contractor to secure the job site at all times during and after construction to protect the general public from harm, and remove from the job site and properly dispose of all residues at the end of each and every workday. No unsecured materials or equipment are to be on site at night or over a weekend, unless arrangements have been made with and prior approval obtained from applicable City personnel in writing. Any materials or equipment left on site shall be at the risk of the Contractor, who is fully and totally responsible for security. Loss of materials or equipment due to theft, vandalism, etc., shall be the responsibility of the Contractor. Any material left on site overnight shall be properly marked and identified in order to ensure public safety. 7.5 EQUIPMENT: Contractor, at its sole cost and expense, shall furnish and maintain all Equipment as is considered reasonably necessary to perform the work in an acceptable manner to the City and at a satisfactory rate of progress. The equipment shall be maintained in a safe and efficient working condition throughout the term of the Contract and any renewal period. Contractor shall establish a regular preventative maintenance program for all Equipment and shall maintain records of preventative maintenance and other maintenance repairs to the Equipment. Contractor shall be responsible for initiating, maintaining and supervising all maintenance programs, safety precautions and programs, in connection with the work and services performed hereunder. Contractor shall establish reasonable procedures and programs to prevent W." property loss or damage and/or personal injury to persons, including, but not limited to, employees performing such work and all other persons who may be affected hereby. Contractor shall comply with all Federal, State, and Local rules and regulations when conducting operations pursuant to this Contract. Contractor shall maintain files and records of all citations and violations of any laws, statutes, ordinances, or regulations in the ownership, title, maintenance, or operating of the Equipment and such files and records shall be available upon reasonable notice for review by the City. If Contractor is in violation of any law, Contractor shall be solely responsible for coming into compliance with such law and shall be solely responsible for the payment of any fine charged for such violation. SECTION 8. PERFORMANCE EVALUATION AND MONITORING 8.1 DEFAULT OF CONTRACT: The City may, by written notice to the Contractor, terminate the Contract if the Contractor has been found to have failed to perform the agreed upon services in a manner satisfactory to the City as per specifications. The date of termination shall be stated in the notice. City shall be sole judge of non- performance. Failure to respond to requests by City within twenty four (24) hours regarding inadequate maintenance procedures, litter, limbs and other debris not removed will result in a $50.00 a day deduction from the following payment application. The parties agree that damages consequent to a breach of this section are not readily ascertainable at the time of execution of this Contract, and agree that $50.00 per day is an amount proportionate to the cost incurred by the City as a result of such breach. The parties agree that this amount is not intended as punitive damages. 8.2 DISPUTE RESOLUTION: All disputes pertaining to this Bid between the City and the Contractor shall be settled internally with the appropriate City staff making the final determination and through the following chain of command: 1) Public Works Landscape Supervisor; 2) Project Manager, 3) Assistant Director of Public Works, 4) Director of Public Works, and 5) City Manager. The Purchasing and Contracts Manager or designee shall be present and included in all dispute resolution meetings pertaining to this Bid. In the event a dispute cannot be settled through the chain of command set forth in this section, the dispute shall be brought forward in a court of competent jurisdiction. The laws of Florida shall be controlling. Venue shall be in Broward County, Florida. 29 COMPANY NAME: (Please Print):_ Phone: a 4, 1 'S 4-- & 4'ro .. & MAIM ENAr10E, IN-. Fax: k �h • Zt $ --- N O I ICE --- BEFORE INGYOUR BID,, SUBMITTING MAKE SURE YOU... TT . 1. Carefully read the General Terms & Conditions, Special Conditions and the General Requirements. 2. Carefully read the TECHNICAL SPECIFICATIONS and then properly fill out the BID FORMS (Attachment "A° through Attachment "E"). 3. Fill out and sign the NON -COLLUSIVE AFFIDAVIT (Attachment "F" and have it properly notarized. 4. Sign the CERTIFICATION PAGE (Attachment "G"). Failure to do so will result in your Bid being deemed non -responsive. 5. Fill out BIDDERS QUALIFICATION STATEMENT (Attachment "H"). 6. Fill out the REFERENCES PAGE (Attachment "I"). i. Sign the VENDOR DRUG FREE WORKPLACE FORM (Attachment "J"). V 8. Fill out the LIST OF SUBCONTRACTORS (Attachment "K"). 9. Include a 5% BID BOND. (Attachment "L"). Failure to provide a bond will result in automatic rejection of your bid. y 10. Carefully read the CHANGE ORDER and STANDARD FORM OF AGREEMENT documents. 11. Submit ONE ORIGINAL AND TWO (2) PHOTOCOPIES of your bid and clearly marked with the BID NUMBER AND BID NAME on the outside of the envelope. 12. Make sure your BID is submitted prior to the deadline. Late Bids will not be accepted. ^� 13. INCLUDE PROOF OF INSURANCE. FAILURE TO PROVIDE THE REQUESTED ATTACHMENTS MAY RESULT IN YOUR BID BEING DEEMED NON -RESPONSIVE. THIS PAGE AND THE FOLLOWING COLORED PAGES ARE TO BE RETURNED WITH YOUR BID. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. 30 1 f) ATTACHMENT "A" CITYWIDE LANDSCAPE MAINTENANCE BID FORM BID NUMBER 00-24B PRESTIGE _N"r Submitted by: Eli I ;,S` so�,� ., — fG (Bidder) (Date) THIS BID SUBMITTED TO: CITY OF TAMARAC Attention: Purchasing and Contracts Manager 7525 Northwest 88th Avenue, Tamarac, Florida 33321 The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into an Bid with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Time frames indicated in this bid. 2. This bid will remain subject to acceptance for sixty (60) days after the day of bid opening. Bidder will sign and submit an Bid with the necessary documents required by the City within fifteen (15) days prior to the date of the City's Award. 3. a) Bidder has familiarized itself with the nature and extent of the contract documents, Work, Sites, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. b) Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. c) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any Bid or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 4. Bidder will complete the Work for the prices shown in "Citywide Landscape Maintenance Bid Form", Attachment "A". 5. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. Bidder accepts the provision of the Bid as to liquidated damages in the event of failure to complete the work on time. The undersigned agrees to forfeit to the City, as liquidated damages for each calendar day elapsing between the dates established for response and/or performance minimums, and the actual dates beyond which said responses or completion(s) are achieved, the amount of $250.00 per calendar day. 31 City of Tamarac f-inance Department, Purchasing Division 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-2450 Facsimile (954) 724-2408 Website: www,tomarac.org August 14, 2000 ADDENDUM #1 BID NO. 00-24B This addendum and the following information addresses and clarifies additional landscape maintenance locations included in the Bid. The following is the requested addition to the bid package. CITYWIDE LANDSCAPE MAINTENANCE BID NO� 00-24B Due to the additional locations associated with Bid #00-24B Citywide Landscape Maintenance, the City is issuing the following addendum to the Bid submittals: 1. Page 20, Section 3.11 TREE CARE The following language has been added: "All tree work shall be subject to present and pending Broward County regulations. Bidder shall conform to future and pending regulations, including but not limited to, the changes in Section 9, Article XI of the Broward County Code of Ordinance." These changes will be effective September 1, 2001. 2. Following is the list of Lift Station locations within the City of Tamarac. These locations will need to be mowed and/or hedge trimmed. The price for the mowing and/or hedge trimming of these locations must be entered in Section 27 of page 40 of the bid. Lift Station # Lift Station Address 2A 6801 NW 70 Avenue 2A1 7600 NW 70 Avenue 11A 4826 NW 58 Street 14A 4950 NW 47 Terrace 15131 5912 Blue Beech Court 18 8400 Largos De Campo 18B 7200 NW 80 Avenue 20 7700 NW 78 Street Equal Opportunity Employer ADDENDUM #1 BID NO. 00-24B Page 2 Lift Station # Lift Station Address 21 7815 NW 71 Avenue 22 7150 NW 82 Street 23 8790 NW 70 Street 27 8600 NW 75 Street 37 10100 NW 80 Street 39 7700 NW 108 Terrace 40 10000 Southgate Blvd. 43 7300 Brookwood Blvd. 45 10200 NW 67 Street 46 8700 Southgate Blvd. 47A 6001 Nob Hill Road 7E 5505 NW 21 Terrace 3. Please replace Pages 32 and 33 of the original Bid with the new attached pages marked Addendum #1 pages 32A, �33A and 34A. FAILURE TO SUBMIT THE NEW PAGES OF ATTACHMENT "A", MAY RESULT IN YOUR BID BEING DEEMED NOW RESPONSIVE. All other requirements shall remain as specified in the original bid request. If you have any questions, please call the Purchasing Office at (954) 724-2450. Anne M. Lodato, CPPB Senior Buyer Please sign and include this page as part of your bid submittal. Company Name ATTACHMENT "A" BID 00-24B CITYWIDE LANDSCAPE MAINTENANCE 0, r,,/h,r 7 w 1A.Pt, . * 1 SCHEDULE OF PRICES FOR LEVEL 1 AREAS (FACILITIES) ZZ FACILITIES Description AREAS (sq. ft) Quantity Annual Frequency nit price Cost Sod Landscape beds City Hall mowing services 139,850 29,950 32 (7525 NW 88 Avenue) hedge trimming 27,012 WNW' irrigation inspection # of zones 15 24 1 Pruning & Trimming; ;,, � ,: � a trees ) b) palms,: &w .r,. w 6 1 p Chemical applications a) I.P.M. 139,850 12 b) turf fert. 139,850 3 c) shade tree fert. 160. 2 d) palm tree fert. 26 2 e) shrub fert. ;° ,. 3 Mulch 29,950 1 TOTAL;y.'.Broward It, Sheriffs Office mowing services 100,000 11,325 32 (7515 NW 88 Avenue) hedge trimming, 6,84012 ° 2 irrigation inspection .: # of zones 13 24 Pruning & Trimming a) trees" 98 1 1-... W*a b) palms Chemical applicatio n "'1 a) I.P.M. 100,000a,' 12 b) turf fert. 100,000 ` 3 c) shade tree fey(. V" 98 2 . ` d) palm tree f,;ti m,,m. 24 2 e) shrub fe a .. 3 a Mulch 11,325 1 TOTAL Fire Station #1 mo ng services 16,100 750 32 (7501 NW 88 Avenue) h ge trimming ,R ;r 722 K' 12 .r rigation inspection zones 4 12 3 Pruning & Trimming ig n.. a) trees ; .. 5 1 b) palms Chemical applications i a) I.P.M. 16,100 �, 1 2 b) turf fert. 16,100 3 c) shade tree fert. , 5 2 d) shrub fert. 3 Mulch 750 ';; 1 AL K10A ADDENDUM #1 ATTACHMENT "A" BID 00-248 CITYWIDE LANDSCAPE MAINTENANCE SCHEDULE OF PRICES FOR LEVEL 1 AREAS (FACILITIES) ADDENDUM #1 32A ATTACHMENT "A" C7, V _ ._ I i .A- -" t Mowing services include mowing, blowing, edging, weed eating, de -littering & bed maint. 33 ADDENDUM #1 ATTACHMENT "A" Rin or)-gAR (:ITVIA/IIIC I AAIIICrADC RA A IAITCI.l A K i^ff ADDENDUM #1 33A ATTACHMENT "A" BID 00-24B CITYWIDE LANDSCAPE MAINTENANCE I SCHEDULE OF PRICES FOR LEVEL 2 AREAS (PUBLIC R.O.W Public R.O.W. Description Comments Vantity Commercial Blvd. mowing services medians & swales Hedge trimming ` "'w _°mom (From University Drive to irrigation inspection # of zones 24 Prospect Road) includes: Pruning & Trimming b) trees '„•• 1, ». 201 1) NW 31 ave. c) palms µM ""`•. '; n 190 2) NW 56 St. Chemical applications 4�! " ,. fix, �,,aryaua"` ON I.P.M. b) turf fert. c) tree fert. « •, 201 1 d) palm tree fert.';` 190 e) shrub fert. Mulch oLkds & trees TOTAL I Hiatus Road mowing services medians & swales MOM Hedge trimming ;M. y from Commercial Blvd. to irrigation inspection # of zones 61 ;o Mcnab Rd. Pruning & Trimmin b) trees = c) alms r Chemical ap cations ', a) 1. P.M.. b) turf fert/ c) tree f9A. 2 d) pal tree fert. ,: ;...... ... .. , e) sVfub fert. �MLRACS LIZ� WWIR, Cost " Mpich beds & trees 1 D TOTAL f TES, a t "r . Rack Island Road mowing services medians & swales 28 (From Commercial Blvd. hedge trimming t- s,. ��gN' 12 to NW 44 St.) irrigation inspection # of zones 12 24 Pruning & Trimming ; a 61 a, �r a) treesr:�. 1 b) palms 1;:;'' 61 1 Chemical applications pp , w �.�. LP.M.. b turf fert. 2 3 c) shade tree fert. 61 1 -46 d) palm tree fert. fit 1 1- Z. e) shrub fert. " j 2 Q Mulch beds & trees 1 a W ■ � I 34 ADDENDUM #1 ATTACHMENT "A" BID 00-24B CITYWIDE LANDSCAPE MAINTENANCE AREAS FACILITIES Description Sod Land; orella Park mowing services 163,000 10 Prospect Rd.) edging 4,600 8 AL grans Park mowing services 112,000 ithgate & University) edging 5,500 1M TOTAL Community Center mowing services Data not available yet as still On Commercial Blvd. edging under construction east of Pine Island Rd. 10 TOTAL TOTAL ILEVELI Mowing services include mowing, blowing, edging, weed eating, de -littering & bed maint. Annual �equenc 32 Unit Drice I Cost o 4.L"�>• J ADDENDUM #1 34A ATTACHMENT "A" BID 00-24B CITYWIDE LANDSCAPE MAINTENANCE 35 ATTACHMENT "A" BID 00-24B CITYWIDE LANDSCAPE MAINTENANCE 36 ATTACHMENT "A" BID 00-246 CITYWIDE LANDSCAPE MAINTENANCL 37 ATTACHMENT "A" BID 00-24B CITYWIDE LANDSCAPE MAINTENANCE Public R.O-W. Description Comments Woodmont area mowing medians includes: NW 78 Street Pruning & Trimming a) trees NW 81 Street b) ealms: �r NW 82 Street NW 80 Avenue Chemical applicationsT.; a) I.P.M. 4 NW 70 Street b) turf fert. a 16 c) shade tree fert. d) palm tree fert, x;L. Mulch beds & trees TOTAL JANWPA tVuyC�t Prospect Rd. mowing services medians & swales from 4875 block to NW 15 Ave. Pruning & Trimming a) trees b) palms Chemical applications. a) I.P.M.t , x b) turf fert. OWN 17 c) shade tree fert. d) palm tree fert. Mulch beds & trees TOTAL NW 108 Ter./80 Street mowing services medians & swales from McNab to hedge trimming Nob Hill Road irrigation inspection # of zones Pruning & Trimming a) trees .. b) palms ;, f' Chemical applications r a) I.P.M.." a. �.A' N a b) turf fert.,.",' c) shade tree fert. 18 d) palm tree fert. e) shrub fert. ;:, : "W" TOTAL Mulch beds & trees NW 70 Ave. mowing services medians from McNab Rd. to NW 77 Street hedge trimming' irrigation inspection # of zones Includes: Brookwood Blvd. Pruning & Trimminga.br a) trees ?,°y b) palms µ Chemical applications a) I. P.M. ' b) turf fert.! 19 c) shade tree fert. d palm tree fert. a e shrub fert. TOTAL Mulch beds & trees n/a 23 55 Z Cast r** 38 M ATTACHMENT "A" BID 00-24B CITYWIDE LANDSCAPE MAINTENANCE 011 ATTACHMENT "A" BID 00-24B CITYWIDE LANDSCAPE MAINTENANCE Annual Public R.O.W. Description Comments Quantity Frequency Unit price Cost NW 96 Avenue mowing services swales 28 b0 from 81 Street to Chemical applications Canal south of 80 St. a) 1. P.M. 12 24 b) turf fert. 2 TOTAL Wild Life area mowing services 28 Pruning & Trimming tl a) trees 25 Chemical applications a) I.P.M. x 12: b) turf fert. x'v>: 2 l ?_•D TOTAL ., N o Canal Xings mowing services across City 10 28 p " Chemical applications 26 a) 1, P.M. 12 p 1 b) turf fert. , 2 TOTAL 3 Lift Stations mowing services across City 30+ 28 27 hedge trimming where applicable 12 TOTAL Public Safety Lot mowing services Size : 72,747 Sq. Ft. 28 f5 co 28 z W,� TOTAL G1 fA r) ..... . ... . TV 1. Mowing services include mowing, blowing, edging, weed eating, de -littering & bed maintenance where applicable. 2. Hedge trimming includ'es bed maintenance. GRAND TOTAL Level 1 Level 2 Grand Total 5� 150 1 40 /_1 i f_[y:I it l4► 11 iv_-% continued PRESTIGE PROPERTY Bidders Name: 0 F ; R 1'(-.`�� 7 R�''9 .- • v H Eidp=. is . . NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non -responsive and ineligible for award. TERMS: bM2 % DAYS: Delivery/completion: calendar days after receipt of Purchase Order NOTE: To be considered eligible for award, one (1) ORIGINAL AND TWO (2) COPIES OF THIS BID FORM must be submitted with the Bid. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Bid Proposal is not being submitted at this time. Returning this NO BID Form will avoid removal of Bidder from the City of Tamarac's vendor listing. 41 ATTACHMENT "A" continued PR'PSTIG PPCP "STY Fz" a ��,� CEM . _ LNT Bidder's Name: �.i1�►1►'vT EN AN' Variations; The Bidder shall identify all variations and exceptions taken to the Instructions to Bidders, the Special Conditions and ' any Technical Specifications in the space provided below; provided, however, that such variations are not expressly prohibited in the bid documents. For each variation listed, reference the applicable section of the bid document. If no variations are listed here, it is understood that the Bidder's Proposal fully complies with all terms and conditions. It is further understood that such variations may be cause for determining that the Bid Proposal is non -responsive and ineligible for award: Section Variance Section Variance Section Variance Section Variance Attach additional sheets if necessary. Cya - ATTACHMENT "B" BID 00-246 CITYWIDE LANDSCAPE MAINTENANCE ADDITIONAL WORK kAS NEEDED) ITEM DESCRIPTION PRICE 1 Pruning & Trimming tree I'Z'�. per tree palm y5 per tree 2 Tree removal including stump grinding/Without grinding 7, 6 / 7,0o per tree under 25' -:So / 3ro per tree over 25' Palm removal including stump grinding/Without grinding - ] / Z per tree under 25' 30p 17,5o per tree over 25' 3 ►1 61 6 7 8 9 10 11 Sod replacement (per sq. ft.) 15o Bahia 5t. Augustine Fertilizing (per 50 lb. bag including labor) 7� , I.P.M.: a) Pest Control Liquid per 50 gal. Granular per 50 lb. bag b) Fire ant control including labor per 1000 sq. ft. Storm debris removal (per crew hour) Non -Storm debris removal (per crew hour) Irrigation inspection Irrigation repairs including material, labor and restoration work Mechanical edging Hedge Trimming / s. including equipment, hauling & disposal / 6V . including equipment, hauling & disposal 12, per zone per inspection / Q spray heads 30. rotor heads electric valves / q pressure valves f 5% indexing valves a per linear foot for non -curbed area 160 per linear foot 43 Month: ATTACHMENT "C" BID 00-24B CITYWIDE LANDSCAPE MAINTENANCE CITYWIDE LANDSCAPE MAINTENANCE CHECKLIST Full Service Areas Cut Cut Cut Irrig. Irrig. Fert. Comments 1 Commercial Blvd. 2 Hiatus rd. 3 Rock Island Road 4 University Drive 5 Pine Island Road 6 Nob Hill Road 7 Southgate Blvd.a�s� ..:1k..3....t. 8 Boulevards �r 61 9 Mainlands Dr. 10 McNab Road 11 NW 57 Street 12 Greenbrier ,WA 13 Lagos De Campo 14 Sabal Palms 15 Woodlands North 16 Woodmont Area 17 1 Prospect Rd. , 18 108th Ter./80th Street 19 NW 70 Ave. 20 NW77th Street "" 21 NW 81 St./Swalek 22 1 NW 84 Ter. 23 NW 94 Avenue 24 1 NW 96 Avenue 25 Wild Life Area 26 1 Canal Crossings , �.1"_ 271 Lift Stations `. 28 1 Public Safety Lot` 29 City Hall 30 BSO 31 FS #1 32 FS #2 33 PW's 34 Utilities 44 • U O Z O O r O. N LA W U Z Q Z W 2 r m 9 ` 'T W N CL 2 0 U U ❑ U) Q m Z Q W W U _A 7 c f� 0 a U U) O a UN C C E Q C 7 Q CD N r N O J o 0 4) 3 0)� 7 ¢ Cn C L7 N Q Q m 1 _ cn Q N _ a O c (Q o c N N CO N O N O � a U CA Cc:E a 3 06 (0 cn L LO w CU Z Q Z w H Z W Q w N 0- 2 � U C)❑U) p] Z Q w v W 75 Q� U U) s AwR i QM. N 7 7 N J a' U 0 0 Z O C L a) a) Q - a 75 c cv Q - a� w r_ 0 C O Q G O C ci O Q _ O Q C �0. c += @ N_ O C O N U Cr N CV Q Q 3 CO CT C71 O Q (U [V .o aEi 5 c = cu N cc cn m 8 v1 O (U ` "Q o � o- N Q� Q N _ [/J J ¢ _ (n Q Q N _ w CN ` (n CU F- �"" N M et u7 0 E 0 0 E a� 0 w M State of �1'1 ) ) ss. County of CXd1A/AtiP ) ATTACHMENT "F" NON -COLLUSIVE AFFIDAVIT being first duly sworn, deposes and says that: (1) He/she is the 19 UkR , (Owner, Partner, Officer, Representative or Agent) of R-*_STk(A (;o rtT N a r ' rf, t4h!L,,E_ U . the Bidder that has su miffed the attached Bid. (2) He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid. (3) Such Bid is genuine and is not a collusive or sham Bid. (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm, or person to submit a collusive or sham Bid in connection with the Work for which the attached Bid has been submitted; or to refrain from bidding in connection with such work; or have in any manner, directly or indirectly, sought by person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit, or cost elements of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful Bid any advantage against (Recipient), or any person interested in the proposed work. (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful Bid on the part of the Bidder or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: Ti n ss fitness Wd" P,,..b # �4 usa L Binkkey * *MY commission COMM Nn Expires October 31 2003 PFIESTICE P j:., MAINTENAN E, I IC• ,.. r By: w Pr� 1"YA I ATTACHMENT "F" continued NON -COLLUSIVE AFFIDAVIT ACKNOWLEDGMENT State of r (. ) ) ss. County of , C!ou_.)kn� ) j BEFORE ME, the undersigned authority, personally appeared (�vr, LcA to me well known and known by me to be the person described herein and who executed the foregoing Affidavit and acknowledged to and before me that executed said Affidavit for the purpose therein expressed. r" WITNESS my hand and official seal this day of , 20 o U � � use L eMwey * *MYCmm "1onccsu0s NwY ExPire" October 31 2003 NOTARY PUBLIC, State of Flo# at Large v ) Personally known to me or (�) Produced identification (Signature of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced (� DID tape an oath, or ( ✓) DID NOT take an oath. ATTACHMENT "G" CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We(I), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We(I) certify that we(I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION JK OTHER ❑ IF OTHER, EXPLAIN: AUTHORIZED SIGNATURE: (z-E t CA _ AUTHORIZED SIGNATURE (PRINTED OR TYPED) V_� . TITLE FEDERAL EMPLOYER I.D. OR SOCIAL SECURITY.NO`�-�3�Sz COMPANY NAME: ADDRESS: '3 2,00 4'VW PvG L-v. r N \A,..rT CITY. STATE: ZIP: _5331 + TELEPHONE NO.:'1 'h4• 4(- 5 FAX NO.:1 4 CONTACT PERSON: _A v 0^ it Lo DATE Z9 !Zoo a 49 ATTACHMENT "H" BIDDERS QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter: Name of Company: PRESTIGE: Pr,OP-,RTY Address: 32)vt Street City '" State Zip Telephone No. (45V ) 5dq';4-(a Fax No. 4- ZI6 S Loll How many years has your organization been in business under its present name? --5— years If Bidder is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute: '1 6 Under what former names has your business operated? W A At what address was that business located? A Are you Certified? Yes M,-&o ❑ If Yes, ATTACH A COPY OF CERTIFICATION Are you Licensed? Yes 139 No ❑ If Yes, ATTACH A COPY OF LICENSE Has your com�p�y or you personally ever declared bankruptcy? Yes ❑ l No ' If Yes, explain: Are you a sales representative ❑ distributor ❑ broker ❑ or manufacturer ❑ of the commodities/services bid upon? µI rk Have you ever received a contra�act or a purchase order from the City of Tamarac or other governmental entity? Yes la'No ❑ If yes, explain (date, service/project, bid title, etc) A. ors Have you ever reeeived a complaint on a contract or bid awarded to you by any governmental entity? Yes ❑ No ❑ If yes, explain: Have you ever been debarred or suspended from doing business with any governmental entity? Yes ❑ No ,0 f yes, explain: 6101 ATTACHMENT "I" REFERENCES Please list name of government agency or private firm(s) with whom you have done business within the past five years: Agency/Firm Name: Agency/Firm Name: Address Address: City/State/Zip Phone: Fax: Contact Agency/Firm Name: Address City/State/Zip Phone: Fax: Contact Agency/Firm Name: Address City/State/Zip Phone: Fax: Contact Agency/Firm Name: Address City/State/Zip Phone: Fax: Contact: Agency/Firm Name: Address: City/State/Zip Phone: Fax: Contact: Agency/Firm Name: Address: City/State/Zip Phone: Fax: Contact: Agency/Firm Name: Address: City/State/Zip City/State/Zip Phone: Fax: Phone: Fax: Contact YOUR COMPANY NA ADDRESS t,v •�J• �" PHONE: dtSh 1 S44 - "< FAX: 51 AAINTENANCE REFERENCi.,j CITY OF CORAL SPRINGS 9551 West Sample Road Contact: Louis Goldstein Coral Springs, Florida 33075-4501 (954) 345-2112 FLORIDA POWER & LIGHT - PORT EVERGLADES 8100 Eisenhower Boulevard Contact: Carl Stiffler Fort Lauderdale, Florida 33316 (954) 527-3621 BROWARD COUNTY AVIATION DEPARTMENT 1501 Southwest 43rd Street Contact: TV Thurston Fort Lauderdale, Florida 33315 (954)359-1250 BROWARD COUNTY FACILITIES MANAGEMENT Government Center, Room 504 Contact: Anne Rawlings 115 South Andrews Avenue (954) 357-6544 Fort Lauderdale, Florida ,33301 BOCA WEST - VILLAGE OF BRIDGEWOOD ASSOCIATION 2400 Bridgewood Drive " Contact: Carol Meyer Boca Raton, Florida 33434 (561) 483-7133 CITY OF TAMARAC w Public Works Contact: Jean Dupuis 6011 Nob Hill Road (954)724-2405 Tamarac, Florida 33321-2401 BROWARD COMMUNITY COLLEGE Central Campus Contact: Wayne Quimby 3501 Southwest Davie Road, Building 21 (954)475-6825 Davie, Florida 33314 I ATTACHMENT "J" VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement effects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. in order to have a drug -free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business s policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. L Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. r "n ,, r% �1'T r PRESTIGnPRESTIGEPhut- -j-1 I I .. w�fd:� WA Company Name ATTACHMENT "K" INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS The Bidder shall list below the names and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work, which will be done by such subcontractor. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non -responsive and may cause its rejection. Work to be Performed �LftvrD �, Dui � N6 Contractor License Number Percent of Total Contract Subcontractor's Name and Address ��*rfb R 53 AC_ORD,M CERTIFICAT PRODUCER Advanced Ins. Underwriters S201 Ravenswood Road, 4107 Ravenswood Office Center Fort Lauderdale, FL 33312 INSURED OF LIABILITY INSURf"_ICE 05/(11//0o' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Prestige Property Mgmt & Main., Inc. & Prestige Growers, Inc. 3300 SW 46th Avenue Davie, FL 33314 COVERAGES INSURERS AFFORDING COVERAGE INSURERA:Assurance Co of America (MARYLAND) INSURER B: INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I .TR POATE (M I TIVE POLICY QATIE (XPIRATION TYPE OF INSURANCE POLICY NUMBER OLI l DIYY T M !YY -- LIMITS A GENERALLIABILITY SCP32728652 02/18/00 02/18/01 EACHOCCURRENCE $1, 000, 000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $3 0 0�_.0 0.0 CLAIMS MADE X OCCUR MED EXP (Any one person) $1 0 000 PERSONAL & AOV INJURY $1 [_ 0 0 0 ,- 000 GENERAL_ AGGREGATE $2, 00.0,,.-_0,00 GEN'LAGGREGATE LIMITAPPLIESPER: PRODUCTS -COMPIOPAGG $2,000, 000 POLICY JECPRO- LOC A AUTOMOBILE LIABILITY SCP32728652 02/18/00 02/18/01 X COMBINED SINGLE LIMIT (Ea accident) $1, 000, 000 ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY- EA $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESSLIABILITY SCP32728652 02/18/00 02/18/01 EACH CCcURRENCE $1, 000, 000 X OCCUR CLAIMS MADE AGGREGATE $1, 0 09 1 0 0 0 $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC STATU- OTH- TORY LlMiT_5.____..._ER.._..___..._ EMPLOYERS' LIABILITY ____._....._. _.._.._ E.L. EACH ACCIDENT $ . ........... E.L.DISEASE-EAEMPLOYEE $ E.L. DISEASE -POLICY LIVg A OTHERFquipment -- SC232728652 02/18/00 02/18/01 $1.94, 292/$5= Er- �< � DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIALPROVISIONS --4 City of Tamarac as Additional. Insured with respect to Auto and z" �A General Liability Only for Project: Landscape Maintenance Operations OP rn x l-rKIWit—AILHULUCH ADDITIONALINSURED; INSURER LETTER L;ANUELLA I I UN SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Tamarac DATE THEREOF,7HEISSUING INSURER WILL ENDEAVOR TOMAIL30 DAYSWRITTEN Purchasing Division NOTICETOTHE CERTIFICATE HOLDER NAMED TO THE LEFT, BUTFAILURE TO DOSOSHALL 7525 N.W. 88th Avenue IMPOSE NO OBLIGATION OR LIABILITY OF ANYKIND UPON THE INSURER,ITS AGENTS OR Tamarac, FL 3 3 3 21- 2 4 01 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE M%-Unuca-a(ifyi).L OL 2 TFbb'4U /U/1v1dU-L /4 6LH IT► ' • : = ► l If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AGORD25-S(7/97)2 Ot 2 ##S84070/M80174 T M� City of Tamarac V` Purchasing Division 7525 N.W. 88 Avenue Tamarac, Florida 33321-2401 Tel (954) 724-2450 Fax (954) 724-2408 INVOICE =- Customer Name PRESTIGE PROPERTY MANAGEMENT Date 8/30/00 Address 3300 SW 46 AVE Order No. City DAVIE State FL ZIP 33314 Rep AL Phone Qty Description Unit Price TOTAL 1 5% BID BOND DEPOSIT $22,907.90 $22,907.90 BID 00-24B CITYWIDE LANDSCAPE MAINTENANCE CASHIERS CHECK # 4299212119 Please take to Cashier to Validate Receipt SubTotal Pavment Details _. $22,907.90 .. zr%n - CASHIER'S CHECK 4299212119 REMITTER; PRESTIGE PROPERTY MGMT. BRO17 August: 30a `e000 PAY TO THE .I. I Y OF TAr1ARA(r-i[- DATE t5 Rio ORDER OF < Twenty Two y K•,s{`: Thousand Nine Hundred Seven and 90/104 DOLLARS.. REMITTER PAYABLE THRU FIRSTAR BANK OF MINNESOTA, N.A., ST. PAUL. MN y, fi,'y v�(•'1; � { { • W y Sx' e + DRAWER, REtMlHLIC 1:091,0152241:00429 4eIek&45110 Exhibit 2 AGREEMENT TEMP• RESO. No. BETWEEN THE CITY OF TAMARAC I_\►1lp� PRESTIGE PROPERTY MANAGEMENT AND MAINTENANCE, INC. THIS AGREEMENT is made and entered into this day of , 204_O by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Prestige Property Management and Maintenance, Inc., a Florida corporation with principal offices located at 3300 SW 46 Avenue, Davie, FL 33314 (the "CONTRACTOR") to provide for Citywide landscaping carvira_ Now therefore, in consideration of the mutual covenants hereinafter set forth, the CITY and CONTRACTOR agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, all documents contained in Bid No. 00-24B Citywide Landscape Maintenance (General, Supplementary and other Conditions), drawings, specifications, all addenda issued prior to, and all modifications issued after execution of this Bid. These contract documents form the Bid, and all are as fully a part of the Bid if attached to this Bid or repeated therein. 2) The Work The contractor shall perform all work for the City required by the contract documents as set forth below: a) CONTRACTOR shall furnish all labor, materials, and equipment necessary to provide the best quality landscape maintenance service available as described in Bid No. 00-24B Citywide Landscape Maintenance. b) CONTRACTOR shall furnish all labor, materials, equipment, tools, service and supervision necessary to properly complete the project. Installation shall be by a licensed landscape contractor and crew with at least three years of verifiable full-time experience with landscaping and irrigation projects of similar nature or dollar cost. c) Contractor shall clean up and remove each day all debris and material created by the work at the contractor's expense. 1 d) CONTRACTOR shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. CONTRACTOR shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. CONTRACTOR shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the CONTRACTOR's expense. e) All equipment must be stored in a safe manner when not in operation. The CITY shall not be responsible for damage to any equipment or personal injuries caused by the CONTRACTOR's failure to safely store equipment. f) CONTRACTOR shall provide the CITY with seventy-two (72) hours written notice prior to the beginning of work under this Bid and prior to any schedule change with the exception of changes caused by inclement weather. g) CONTRACTOR shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Bid, which are applicable to the CONTRACTOR, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) Insurance Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Bid including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Bid. Contractor shall provide to the City's Risk Manager certificates of all insurances required under this section prior to beginning any work under this Bid. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this Bid. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement and Substantial Completion The work to be performed under this Bid shall be commenced after execution of the Bid and not later than 30 days after the date that Contractor receives Purchase Order. 2 5) Contract Sum The Contract Sum for the above work is Four Hundred Forty -Three Thousand Two Hundred Seventy-nine Dollars and Zero cents ($443,279.00). The Contract sum is determined by the cost of services, including labor and materials for the job also known as Bid 00-24B Citywide Landscape Maintenance and the addition of the Community Center in Attachment A. 6) Payments The CITY shall pay in full the Contract Sum to the Contractor upon completion of the work listed in Paragraph 2 of this Bid unless the parties agree otherwise. The City shall pay the CONTRACTOR for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. 7) Waiver of Liens Prior to payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or contractors who worked on the project that is the subject of this Bid. 8) Warranty Contractor warrants the job completed against defect for a period of one (1) year from the date of completion of work. In the event that defect occurs during this time, Contractor shall correct any and all defects either by repair, replacement or reaccomplishment as determined by the CITY. In the event, such defects, as determined by the CITY, are not properly repaired, replaced or reaccomplished, the CITY shall perform such repairs, replacements or reaccomplishments at the CONTRACTOR's risk and cost. Contractor shall be responsible for any damages caused by defects to affected areas or interior of structure. 9) Indemnification The CONTRACTOR shall indemnify and hold harmless the CITY, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the CONTRACTOR or its officers, employees, agents, subcontractors, or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the CITY or its elected or appointed officials and employees. The above provisions shall survive the termination of this Bid and shall pertain to any occurrence during the term of this Bid, even though the claim may be made after the termination hereof. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. K 10) Non -Discrimination The CONTRACTOR agrees that it shall not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non-discrimination. The CONTRACTOR further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Bid. 11) Independent Contractor CONTRACTOR is an independent contractor under this Bid. Personal services provided by the CONTRACTOR shall be by employees of the Contractor and subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of the CITY. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Bid shall be those of the CONTRACTOR. 12) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Bid without the prior consent of the City. This Bid, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 13) Notice Whenever either party desires or is required party, it must be given by written notice, sent by receipt requested, addressed to the party for whom CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 under this Bid to give notice to any other registered United States mail, with return it is intended at the following addresses. With a copy to City Attorney at the same address. CONTRACTOR (Contact Name) (Title of named above) Prestiae Prooertv Manaaement & Maintenance, Inc. 3300 SW 46 Avenue Davie, FL 33314 4 14) Termination This Bid may be terminated by City or Contractor for cause or by the City for convenience, upon seven (7) calendar days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Bid or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. Default by CONTRACTOR: In addition to all other remedies available to the CITY, this Bid shall be subject to cancellation by the CITY should the CONTRACTOR neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by CONTRACTOR of written notice of such neglect or failure. 15) Bid Subject to Funding This Bid shall remain in full force and effect only as long as the expenditures provided for in the Bid have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Bid, and is subject to termination based on lack of funding. 16) Venue This Bid shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this Bid is fixed in Broward County, Florida. 17) Signatory Authority The CONTRACTOR shall provide the CITY with copies of requisite documentation evidencing that the signatory for CONTRACTOR has the authority to enter into this Bid. 18) Severability; Waiver of Provisions Any provision in this Bid that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The nonenforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Bid. 19) Merger; Amendment This Bid constitutes the entire Bid between the CONTRACTOR and the CITY, and negotiations and oral understandings between the parties are merged herein. This Bid can be supplemented and/or amended only by a written document executed by both the CONTRACTOR and the CITY. IN WITNESS WHEREOF, the parties have made and executed this Bid on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and Prestige Pro ert Mana ement & Maintenance Inc. , signing by and through its to execute same. (President, Owner, C.E.O.,etc.) duly authorized ATTEST: Marion Swenson, CIVIC City Clerk Date: ATTEST: Date: CITY OF TAMARAC Joe Schreiber, Mayor Jeffrey L. Miller, City Manager Date: Approved as to form and legal Sufficiency: Mitchell Kraft, City Attorney PRESTIGE PROPERTY MANAGEMENT & MAINTENANCE, INC. ecretary rr t L A Type/Print Name of Corporate Secy. (CORPORATE SEAL) (N � sident) Type/Print Name of President Date: 'I t C.1 CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF { The foregoing instrument was acknowledged before me this 2.6 day of 20(')I.J by � C LL• (name of officer ,13 74 or agent, title of officer or agent) of[ I'c ��'1 "�1G ' U �-� �e of corporation acknowledging), a [U K CL' (state or place of incorporation) corporation, on behalf of the corporation. He is personally known to me take an oath. VSVIIINI� cclao 447 (type of identification) as identification and did (did not) Signature of Notary Public — St of Florida -Ls�-�L �I nl<( C4 Print, Type or Stamp Name of/Notary Public 7 ATTACHMENT A FREv ucA P G General Manoger S �� GREG uCA Cvnrtane r Property Management and Maintenance, Inc. TOM Jacoe 3300 S.W.46th Avenue / Davie. Florida 33314-2215 /' (954) 684-3465 / Fax: (954) 584-21B5 / Email: Pres34�5@001.cornonQeer CITY OF TAMARAC 6011 Nob Hill Road Tamarac, Florida 33321-2401 (954)724-2405 * Fax (954)724-2428 ATTN: JEAN DLTPUIS RE: LANDSCAPE MAINTENANCE COMMUNITY CENTER 24, 2000 As per your specifications #00-2413 for the CITY OF TAMARAC, we are submitting a bid for grounds maintenance. Our scope of work includes: C mun� y_„ enter >w Mowing, Edging, Line Trimming, Blowing (30 cuts per year) $ 288.00/cycle ...... $ 8,6401.00/year. a& Fertilization - Turf (3 times per year) 225.00/a AP ....... 675,00 /year. W Fertilization - Plants (2 tunes per year) 266.00/app ....... 533.00 /year. TOTAL FOR COMMUNITY CENTER 9,847.00 We appreciate the opportunity to bid your work.: In the event any litigation arises out of this agre meat, the ees plus any costs associated with. If you have a y further prevailing party will be entitled to attorneys f questions, please do not hesitate to contact me., ACCEPTED BY: (print name) SIGNATURE TITLE: DATE: PRESTIGE PROPERTY MANAGEMENT AND MAINTENANCE, INC. Sincerely, Tom Jacob Operations Supervisor TPJ/lb AGREEMENT BETWEEN THE CITY OF TAMARAC AND PRESTIGE PROPERTY MANAGEMENT AND MAINTENANCE. INC. THIS AGREEMENT is made and entered into this aAay of 2000 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Prestige Property_ Management and Maintenance, Inc., a Florida corporation with principal offices located at 3300 SW 46 Avenue, Davie, FL 33314 (the "CONTRACTOR") to provide for Citywide landscaping caniirac Now therefore, in consideration of the mutual covenants hereinafter set forth, the CITY and CONTRACTOR agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, all documents contained in Bid No. 00-24B Citywide Landscape Maintenance (General, Supplementary and other Conditions), drawings, specifications, all addenda issued prior to, and all modifications issued after execution of this Bid. These contract documents form the Bid, and all are as fully a part of the Bid if attached to this Bid or repeated therein. 2) The Work The contractor shall perform all work for the City required by the contract documents as set forth below: a) CONTRACTOR shall furnish all labor, materials, and equipment necessary to provide the best quality landscape maintenance service available as described in Bid No. 00-24B Citywide Landscape Maintenance. b) CONTRACTOR shall furnish all labor, materials, equipment, tools, service and supervision necessary to properly complete the project. Installation shall be by a licensed landscape contractor and crew with at least three years of verifiable full-time experience with landscaping and irrigation projects of similar nature or dollar cost. c) Contractor shall clean up and remove each day all debris and material created by the work at the contractor's expense. 1 d) CONTRACTOR shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. CONTRACTOR shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. CONTRACTOR shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the CONTRACTOR's expense. e) All equipment must be stored in a safe manner when not in operation. The CITY shall not be responsible for damage to any equipment or personal injuries caused by the CONTRACTOR's failure to safely store equipment. f) CONTRACTOR shall provide the CITY with seventy-two (72) hours written notice prior to the beginning of work under this Bid and prior to any schedule change with the exception of changes caused by inclement weather. g) CONTRACTOR shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Bid, which are applicable to the CONTRACTOR, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) Insurance Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Bid including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Bid. Contractor shall provide to the City's Risk Manager certificates of all insurances required under this section prior to beginning any work under this Bid. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this Bid. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement and Substantial Completion The work to be performed under this Bid shall be commenced after execution of the Bid and not later than 30 days after the date that Contractor receives Purchase Order. K 5) Contract Sum The Contract Sum for the above work is Four Hundred Forty -Three Thousand Two Hundred Seventy-nine Dollars and Zero cents ($443,279.00). The Contract sum is determined by the cost of services, including labor and materials for the job also known as Bid 00-24B Citywide Landscape Maintenance and the addition of the Community Center in Attachment A. 6) Payments The CITY shall pay in full the Contract Sum to the Contractor upon completion of the work listed in Paragraph 2 of this Bid unless the parties agree otherwise. The City shall pay the CONTRACTOR for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. 7) Waiver of Liens Prior to payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or contractors who worked on the project that is the subject of this Bid. 8) Warranty Contractor warrants the job completed against defect for a period of one (1) year from the date of completion of work. In the event that defect occurs during this time, Contractor shall correct any and all defects either by repair, replacement or reaccomplishment as determined by the CITY. In the event, such defects, as determined by the CITY, are not properly repaired, replaced or reaccomplished, the CITY shall perform such repairs, replacements or reaccomplishments at the CONTRACTOR's risk and cost. Contractor shall be responsible for any damages caused by defects to affected areas or interior of structure. 9) Indemnification The CONTRACTOR shall indemnify and hold harmless the CITY, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the CONTRACTOR or its officers, employees, agents, subcontractors, or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the CITY or its elected or appointed officials and employees. The above provisions shall survive the termination of this Bid and shall pertain to any occurrence during the term of this Bid, even though the claim may be made after the termination hereof. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 3 10) Non -Discrimination The CONTRACTOR agrees that it shall not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non-discrimination. The CONTRACTOR further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Bid. 11) Independent Contractor CONTRACTOR is an independent contractor under this Bid. Personal services provided by the CONTRACTOR shall be by employees of the Contractor and subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of the CITY. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Bid shall be those of the CONTRACTOR. 12) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Bid without the prior consent of the City. This Bid, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 13) Notice Whenever either party desires or is required under this Bid to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONTRACTOR (Contact Name) Qt, rL (Title of named above) Prestiae Prooertv Manaaement & Maintenance. Inc. 3300 SW 46 Avenue Davie, FL 33314 4 14) Termination This Bid may be terminated by City or Contractor for cause or by the City for convenience, upon seven (7) calendar days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Bid or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. Default by CONTRACTOR: In addition to all other remedies available to the CITY, this Bid shall be subject to cancellation by the CITY should the CONTRACTOR neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by CONTRACTOR of written notice of such neglect or failure. 16) Bid Subject to Funding This Bid shall remain in full force and for in the Bid have been appropriated by th annual budget for each fiscal year of this Bi funding. 16) Venue e effect only as long as the expenditures provided City Commission of the City of Tamarac in the d, and is subject to termination based on lack of This Bid shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this Bid is fixed in Broward County, Florida. 17) Signatory Authority The CONTRACTOR shall provide the CITY with copies of requisite documentation evidencing that the signatory for CONTRACTOR has the authority to enter into this Bid. 18) Severability; Waiver of Provisions Any provision in this Bid that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The nonenforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Bid. 19) Merger; Amendment This Bid constitutes the entire Bid between the CONTRACTOR and the CITY, and negotiations and oral understandings between the parties are merged herein. This Bid can Ii be supplemented and/or amended only by a written document executed by both the CONTRACTOR and the CITY. IN WITNESS WHEREOF, the parties have made and executed this Bid on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and Prestige Property Management & Maintenance Inc. signing by and through its �SlDE (President, Owner, C.E.O.,etc.) duly authorized to execute same. ATTEST: Marion Swenson, CIVIC City Clerk Date: ZJ o ATTEST: CITY OF TAMARAC 7 Schreiber, Mayor Date: Jeffrey L. Mill r, City Manager Date:T _ � Y� Vj;Ad'cl' Approved as t r1 a Sufficiency. i Mitchbll Kraft, City Attorney PRESTIGE PROPERTY MAI4AGEMENT & MAINTENANCE, INC. (C ecretary Type/Print Name of Corporate Secy. (CORPORATE SEAL) 11 (N sident) L Type/Print Name of President Date: CORPORATE ACKNOWLEDGEMENT STATE OF or I d0-- COUNTY OF-B"Crr The foregoing instrument was acknowledged before me this , day of e , 20j&t-�by i' C' Lt CL— (name of officer or agent, title of officer or agent) of�5 Y f 4"name of corporation acknowledging), a t-- [ [ t" (state or place of incorporation) corporation, on behalf of the corporation. He is personal) take an oath. *" "" Limany * *eMy COMM iWon CCMMM Expirm 0cwkw 31 2M (type of identification) as identification and did (did not) Ire Signature of Notary Public — Statkkf Florida �-t s°` Print, Type or Stamp Name of Notary Public ATTACHMENT A FRED LICA � General Mcrnpge/ PRCTIGC5 e GREG uCA Conn uer a i4dmI Property Management and Maintenance, inc. TOM JACOB apercm rA Manager 3300 S-W. /6th Avenue / Davie. Florida33314-2215 % (954) 584-3465 / Fax: (954) 584-2185 / Email: pres34�654gal.com CITY OF TAMARAC October 24, 2000 6011 Nob Hill Road Tamarac, Florida 33321-2401 (954)724-2405 * Fax (954)724-2428 ATTN: JEAN DUPUIS RE: LANDSCAPE MAINTENANCE COMMUNITY CENTER As per your specifications #00-248 for the CITY OF TAMA.KAC, we are submitting a bid for grounds maintenance. Our scope of work includes: CMMuni : Center i I& Mowing, Edging, Line Trimming, Blowing (30 cuts per year) $288.00/cycle ...... as 8,640.00/year. r., Fertilization - Turf (3 times per year) 225.00/app ....... 679,00 /year. w Fertilization - Plants (2 times per year) 266.00/app ....... 53Jij .00 /year. I TOTAL FOR COMMUNITY CENTER 9,847.00 We appreciate the opportunity to bid your work: In the event any litigation arises out of this agrc�ment, the prevailing party will be entitled to attorneys fees plus any costs associated with. If you have any further questions, please do not hesitate to contact me_ ACCEPTED BY: (print name) SIGNATURE: TITLE: DATE: PRESTIGE PROPERTY MANAGEMENT AND MAINTENANCE, INC. Sincerely, Tom Jacob Operations Supervisor TPJ/lb FMAWW 5