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City of Tamarac Resolution R-97-300
u Temp. Reso. #8050 Page 1 November 14, 1997 Rev.#1 — 12/3/97 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-97-300 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE AWARD OF BID NO. 97-20B 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 A REDUCTION IN THE PERSONNEL COMPLEMENT; AUTHORIZING AN ANNUAL EXPENDITURE IN AN AMOUNT NOT TO EXCEED $255,964; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac publicly advertised Bid No. 97-20B for Landscape and Grounds Maintenance Operations; and WHEREAS, on August 27, 1997, three (3) 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., submitted the lowest per unit bid proposal and quoted the lowest cost for service; and WHEREAS, based upon the conditions in the contract, the cost per unit and the availability of funding the City was able to extend contractual ground maintenance services to additional locations and public rights -of -way; and WHEREAS, the results of an economic analysis performed by staff have determined that an annual cost savings of approximately $ 121,784 will be achieved in the Stormwater Management Fund through the utilization of contract services; and Temp. Reso. #8050 Page 2 November 14, 1997 Rev.#1—12/3/97 WHEREAS, in order to capture these cost savings it is necessary to reduce the Public Works Personnel Complement by the following six (6) full-time positions: Grounds Maintenance Supervisor, Landscape Crewleader-Grounds, Maintenance Worker II — Grounds, two (2) Maintenance Worker I — Grounds, and a Maintenance Worker I — Landscape;and WHEREAS, funding is available in the Stormwater Management and General Funds for this purpose; and WHEREAS, the Public Works Director and Operations Manager recommend that the City utilize Prestige Property Management and Maintenance, Inc., for contract landscaping and grounds maintenance services; and 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 ground 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: SECTION 1: The foregoing AWHEREAS= 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 #97-20B to Prestige Property Maintenance Management, Inc., in the amount of $255,964 is HEREBY authorized. 1 1 1 Temp. Reso. #8050 Page 3 November 14, 1997 Rev.#1—12/3/97 SECTION 3: That 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 "'I". SECTION 4: That the Personnel Complement in the Public Works Department is hereby reduced by the following six (6) full-time positions: Grounds Maintenance Supervisor, Landscape Crewleader-Grounds, Maintenance Worker II — Grounds, two (2) Maintenance Worker I — Grounds, and a Maintenance Worker I — Landscape. SECTION 5: That an annual total expenditure in an amount not to exceed $255,964 is hereby authorized from within the Stormwater Management and General Funds. SECTION 6: That the changes in Personnel Complement shall be completed no later than January 30, 1998. SECTION 7: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8: 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. 1 1 1 SECTION 9 passage and adoption. Temp. Reso. #8050 Page 4 November 14, 1997 Rev.#1 — 12/3/97 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this /o ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I appf��ed this RESOLUTION as to form. MITCHELL S.IKF CITY ATTORN (MG:mf - Commission Meeting 12/10/97) day of VOW. SCHREIBER MAYOR RECORD OF COMMIS, MAYOR SCHREIBER DIST 1: COMM. MCKAYE DIST 2: V/M MISHKIN DIST $: COMM. SULTANOF DIST 4: COMM. ROBERTS VOTE 10 I• I* TEMP RESO #8050 I EXHIBIT "111 AGREEMENT BETWEEN THE CITY OF TAMARAC AND PRESTIGE PROPERTY MANAGEMENT & MAINTENANCE, INC. FOR LANDSCAPE MAINTENANCE OPERATIONS r� u • r� CONTRACT BETWEEN CITY OF TAMARAC AND PRESTIGE PROPERTY MANAGEMENT & MAINTENANCE, INC. TABLE OF CONTENTS Article Description Page 1 Definitions 1 2 Term 2 3 Scope of Services 2 4 Rates, Records and Billing 12 5 Compensation, Schedules and Frequencies 12 6 Contractor's Local Office 12 7 Contractor's Relation to City 13 8 Performance, Evaluation and monitoring 16 9 Indemnification 17 10 Insurance 17 11 Compliance with Laws and Regulations 19 12 Miscellaneous Provisions 21 0 AGREEMENT FOR LANDSCAPE MAINTENANCE OPERATIONS This is an Agreement dated the 10 day of December , 1997, between THE CITY OF TAMARAC, a municipal corporation with offices located at 7525 NW 88th Ave., Tamarac, Florida 33321, (hereinafter referred to as "City"), and Prestige Property Management & Maintenance, Inc., a Florida corporation with principal offices located at 3300 SW 46 Ave., Davie, Florida 33314, (hereinafter referred to as "Contractor") to provide for Landscape Maintenance Services. WITNESSETH In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, City and Contractor hereby agree as follows: ARTICLE 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 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. 1.4 MULCH: Shall mean shredded cypress, melaluca, or eucalyptus. 1.6 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 Agreement and will pay lawful claims. 1.6 PROPER VEHICLES: Any vehicle which is not in violation of any provision of this Agreement is a proper vehicle. 1.7 PEST CONTROL: The use of integrated pest management techniques to control outdoor pests such as weeds, rodents, plant insects and diseases. 1 • 1.8 SCOPE OF WORK: The work under this Agreement shall consist of the supervision, materials, equipment, labor and all other items necessary to complete said work. 1.9 SHRUB: A woody plant of relatively low height, distinguished from a tree by usually having several stems rather than a single trunk. 1.10 TRIMMING: The cutting of grass and weeds in areas that are inaccessible to mowers due to obstacles. 1.11 WEED: Any plant growing where it is not desired. Plants such as, but not limited to: clover, dandelions, purslane, chickweed, plantain, knot weed, 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. ARTICLE 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 the Contractor's performance will be closely scrutinized by City staff. If the performance is acceptable, the Contractor will be notified and the contract will extend through the expiration date given in this 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 this jerTemgnt shall be for a one (1) year period commencing on and includinge� l.o , 1997 and expiring on l&,eoj& 9 , 1998. Service shall commence no later than fourteen (14) days from the date this Agreement is executed by both parties. 2.3 OPTION (EXTENSION): City shall have the option to extend the term of this Agreement on a month -to -month basis on thirty (30) days written notice to the Contractor. 2.4 RENEWAL TERM: The City reserves the right to renew the terms of this Agreement for two (2) additional years in one year increments pending a mutual agreement between the City and the Contractor and a review of contractor's performance for the previous year. Such review shall be done with a written notice to Contractor by City. ARTICLE 3 Scope of Services 2 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, attached hereto as Exhibit "A". 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. (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 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 with small trim mowers. Riding mowers or weed eaters will not be permitted on berms. Q) 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 3 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 Agreement. Excessive clippings determination shall be made by the City's supervisor. (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 quartet (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 (Bahia): 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 TRIMMING AND EDGING: (a) Trimming: Grass shall be trimmed during, or as an immediate operation following, mowing. Trimming 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 trimming around trees to limit damage to bark surface and/or the living cambium layer beneath, and when trimming 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" 4 rather than "trimming" is directed) shall be edged with a manual or mechanical edger to a neat vertical uniform line. Dirt and debris produced by edging or trimming 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. - 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. 3.5 TRIMMING AND EDGING FREQUENCIES: (a) Level 1 St. Au ustine : Edging and trimming to be done every time area is mowed. (b) Level 2 (Bahia): Edging and trimming is to be done every other time area is mowed. 3.6 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 flower beds on the same frequency as edging and trimming as stated in section 3.5 of this Agreement. (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. 3.7 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: 5 (a) Bahia Turf Fertilization: Bahia turf fertilization shall follow the schedule contained for fertilization of Bahia lawn areas, attached herein as Exhibit D and Exhibit E. (b) St. Augustine Turf Fertilization: St. Augustine turf fertilization shall follow the schedule contained for the fertilization of St. Augustine lawn areas, attached herein as Exhibit D and Exhibit E. (c) St. Augustine Weed and Feed Application: St. Augustine weed and feed application shall follow the schedule attached herein as Exhibit D and Exhibit E. (d) Bahia and St. Augustine Insecticide and Fertilizer Combination: Bahia and St. Augustine insecticide and fertilizer combination shall follow the schedule attached herein as Exhibit D and Exhibit E. (e) 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. (f) 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. 3.8 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. Contractor shall prune 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 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. 3.9 SHRUB AND GROUNDCOVER FERTILIZATION: Shrub and groundcover fertilization shall be fertilized in accordance with the Schedules attached hereto as Exhibit D and Exhibit 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. Sabals and Washington Palms shall be thinned of dead fronds one (1) time 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. (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 Agreement, and agree that $50 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. 3.12 TREE FERTILIZATION: (a) Shade tree fertilization: Shade trees shall be fertilized in accordance with herein attached Exhibit D and Exhibit 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 Exhibit D and Exhibit 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 (1/2) pounds per inch of trunk diameter. M 3.13 LITTER AND DEBRIS -CONTROL. y 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) three (3)-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. 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 two (2) times a month by contract foreman and City representative. Any heads or valves damaged by Contractor in the act of mowing will be replaced by Contractor at Contractor's expense. All systems shall be inspected weekly by City personnel. Cost of replacement will be charged to maintenance contractor and performed by irrigation maintenance contractor. (b) Adjustments: The Contractor shall be responsible for any adjustments to time clocks or other irrigation control devices. The Contractor will, as part of routine monthly inspection services, make any minor head, or nozzle adjustments to maintain full irrigation coverage as are needed, including but not R1 ! 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 hereto as Exhibit "B" of this Agreement. (d) Materials to be utilized in the performance of this Agreement 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 49 AVP Pressure Valves FimCo Hydroindexing Valves 3.15 CHEMICAL PEST CONTROL: (a) Turf Insecticide Program: Turf insecticide program on St. Augustine and Bahia turf will receive preventative application of insecticide as outlined in Schedule #1 and Schedule #2 attached hereto as Exhibit D and Exhibit E. After required applications, insect control will be identification of target insect and treated on an as -needed basis (unit price) upon City authorization. (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 chemical 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 shall be submitted to the City designee for approval at the beginning of this Agreement. 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, applicators names and weather conditions. 5. Chemicals shall be applied when air current 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 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. (Contractor will be notified prior to replacement of repair by City designee.) 10 (b) Bpports: The Contractor shall be provided with a checklist to be filled out and returned to the Public Works Department after each mowing 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) 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: 1. City Hall and Broward Sheriffs Office shall be maintained on weekends only. 2. All other public facilities shall be maintained on weekdays after 3:30 p.m. only. 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. (d) 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. (b) Plant and Tree Removals: Contractor will supply labor for removal of shrubs and trees as needed. Labor will be priced at an hourly rate per man. Two (2) size rates shall be provided, one for trees and large shrubs up to 25' in height. And one for trees 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 Pest Control: 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 minimum 3 man crew, all necessary equipment, and disposal in said rate. ARTICLE 4 Rates, Records and Billing 4.1 RATES: The rates referred to in Article 5 shall be applied to services performed by Contractor within service area. Contractor shall also receive compensation for additional work performed as stated in Article 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 Agreement. 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 Agreement, adequate books and records relating to the performance of its obligation under this Agreement. 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. 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. ARTICLE 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 Exhibit A. ARTICLE 6 Contractor's Local Office 12 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 ARTICLE 7 Contractor's Relation to City w7.1 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 Agreement. By entering into this Agreement with the City, Contractor acknowledges that it will, in the performance of its duties under this Agreement, 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. 7.2 NON -WAIVER OF POWERS AND REGULATIONS: This Agreement 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. 13 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 Agreement 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 Agreement 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 crew members under said supervisor's control. Proper attire shall be worn by all personnel during City service 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 an 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 Agreement is being performed. Blockage will not be permitted for more than 30 minutes without written approval of the Broward Sheriffs Office (Tamarac Division). 14 (b) Contractors 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 agreement 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 residue 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 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 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, the 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) 724-2410 and inform the appropriate staff member about the location and extent of the damages. 7.6 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 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. ARTICLE 8 Performance Evaluation and Monitoring 8.1 TERMINATION FOR CONVENIENCE OF CITY: Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to the Contractor, the City may without cause and without prejudice to any other right or remedy, terminate this Agreement for the City's convenience whenever the City determines that such termination is in the best interest of the City. Where this Agreement is terminated for the convenience of the City the notice of termination to the Contractor 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 Contractor 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. 8.2 DEFAULT OF CONTRACT: The City may, by written notice to the Contractor, terminate this Agreement 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 Agreement, and agree that 16 $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. 8.3 DISPUTE RESOLUTION: All disputes pertaining to this agreement 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) Landscaping Division Supervisor; 2) Public Works Coordinator, 3) Public Works Operations Manager, 4) Director of Public Works, and 5) City Manager. The Purchasing and Contracts Manager shall be present and included in all dispute resolution meetings pertaining to this Agreement. 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. ARTICLE 9 Indemnification 9.1 CONTRACTOR'S INDEMNIFICATION OF CITY: The Contractor hereby assumes risk of loss and/or injury to property and/or persons arising directly or indirectly from the performance of any of its obligations under this Agreement and further agrees to indemnify and hold harmless the City, its officers, agents, servants and employees from and against any and all claims, liabilities, demands, suits, judgments, costs or expenses, including, but not limited to, expenses of litigation and attorneys' fees, arising from any such claim, loss or injury. Without limiting the foregoing, the indemnity provided herein shall specifically include any claim against the City arising out of any violation of environmental laws of the United States, State of Florida, Broward County, or City of Tamarac. This indemnification shall continue beyond the term of this Agreement for claims arising as a result of this Agreement. ARTICLE 10 Insurance 10.1 GENERAL: The Contractor shall not commence work under this Contract until it has obtained all the insurance required under Article 10 of this Agreement, and such insurance has been approved by the City. Contractor shall be responsible for delivering to the City the Certificate of Insurance for approval. Contractor shall name the City of Tamarac as an additional insured on the Certificate of Insurance. All insurance policies shall be issued by companies duly licensed to write business insurance policies in the State of Florida and rated -A- or better by A. M. Best Key Rating Guide. Further, the City shall be named as an additional insured on all insurance policies (except Workers' Compensation). Certificates of each policy required under this Article, together with a statement by the issuing company that said policy shall not be canceled without thirty (30) days prior written notice received by the City, and shall be delivered to the City's Risk `VA Manager for review and approval. Insurance coverage specified herein constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the Contractor under the terms of this Contract. The Contractor shall procure and maintain, at its own cost and expense, any additional kinds and amounts of insurance that, in its own judgment, may be necessary for proper protection in the prosecution of its work. 10.2 COMPENSATION INSURANCE: The Contractor shall maintain, during the term of this Contract and any renewals, Workers' Compensation Insurance on all of its employees to be engaged in work under this Contract, and shall require the same from any subcontractors used. In the event that any class of employees engaged in hazardous work pursuant to this Contract is not protected under the Workers' Compensation Statute, the Contractor shall provide adequate employer's general liability insurance for the protection of employees not so protected. 10.3 COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the term of this Contract and any renewals Public Liability and Property Damage Insurance in an amount not less than $1,000,000 combined single limit coverage for bodily injury, death and property damage (except automobile). 10.4 AUTOMOBILE INSURANCE: The Contractor shall procure and maintain, during the term of this Contract and any renewals, Comprehensive Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit coverage for bodily injury, death, and property damage. 10.5 SCOPE OF INSURANCE: The insurance required under this Article shall provide adequate protection for the Contractor against damage claims which may arise from operations under this Contract, whether such operations be by the insured or by anyone directly or indirectly employed by the insured. The City shall be named as an insured on all of Contractor's insurance policies required herein. 10.6 LOCAL AGENT FOR INSURANCE AND BONDING: The insurance and bonding companies with whom Contractor's insurance and cash bonds are written shall be licensed to do business in the State of Florida and shall be represented by an agent or agents having an office located in the State of Florida. Each such agent shall be duly qualified, upon whom service of process may be had, and must have authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle any claims that the City, or any other claimant, or any property owner who has been damaged, may have against the Contractor, insurance, and/or bonding company. The name of the agent or agents shall be set forth on all such bonds and certificates of insurance. Contractor shall keep the required insurance in full force and effect at all times during the term of this Contract, and any renewals thereof. Contractor shall furnish to City a Certificate of Insurance on a form furnished and approved by City, evidencing the IiR] Contractor has obtained the required insurance coverage. At the request of the City the original policy shall be provided for inspection within twenty four (24) hours after receipt of such request. All policies must prove that they may not be changed or canceled by the insurer in less than thirty (30) days after the City has received written notice of such change or cancellation. Such insurance amounts shall be increased at City's request, and Contractor shall revise such amounts within thirty (30) days after receipt of such request. 10.7 PERFORMANCE PAYMENT AND WARRANTY BONDS: Within fifteen (15) calendar days after execution of this Agreement, but in any event prior to commencing work, the Contractor shall execute and furnish the City a performance bond and payment bond, each written by a corporate surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for a least five (5) years. The surety shall hold a current certificate of authority from the Secretary of Treasury of the United States as an acceptable surety on Federal bonds in accordance with United States Department of Treasury Circular No. 570. The Contractor shall be required to provide acceptable, separate Performance and Payment Bonds in the amount of one hundred percent (100%) of the bid amount. The performance bond shall be conditioned that the Contractor perform the contract in the time and manner prescribed in this Agreement. The payment bond shall be conditioned that the Contractor promptly make payments to all persons who supply the Contractor with labor, materials, and supplies used directly or indirectly by the Contractor in the prosecution of the work provided for in the contract and shall provide that the surety shall pay the same in the amount not exceeding the sum provided in such bonds, together with interest at the maximum rate allowed by law; and that Contractor shall indemnify and hold harmless the City to the extent of any and all payments in connection with the carrying out of said contract which the City may be required to make under the law. Such bonds shall continue in effect for one (1) year after final payment becomes due except as otherwise provided by law or regulation or by the terms of this Agreement with the final sum of said bonds reduced after final payment to an amount equal to twenty five percent (25%) of the Contract price, or an additional bond shall be conditioned that the Contractor correct any defective or faulty work or material which appear within one (1) year after final completion of the Contract, upon notification by City. ARTICLE 11 Compliance with Laws and Regulations 11.1 VENUE: This Contract shall be considered consummated in Broward County, Florida. All actions brought hereunder shall be brought exclusively in Broward County, Florida. w 11.2 TIME IS OF THE ESSENCE- Time shall be deemed to be of the essence of this Contract whenever time limits are imposed herein for the performance of any obligations by any of the Parties hereto, or whenever the accrual of any rights to either of the Parties hereto depends on the passage of time. 11.3 RIGHT TO REQUIRE PERFORMANCE: The failure of the City at any time to require performance by the Contractor of any provisions hereof shall in no way affect the rights of the City thereafter to enforce the same, nor shall waiver by the City of any breach of any provisions hereof be taken or held to be a waiver of any succeeding breach of such provisions or as a waiver of any provisions itself. 11.4 UNENFORCEABLE PROVISIONS: If any provision of this Contract shall be declared illegal, void or unenforceable by a court of competent jurisdiction, the remaining provisions shall not be affected and shall remain in full force and effect. 11.5 FORCE MAJEURE: Neither the Contractor nor the City shall be liable for the failure to perform its duties if such failure is caused by a riot, war, governmental order or regulation, strike, act of God, or other similar or different contingency beyond the reasonable control of the parties. 11.6 PRIOR CONTRACTS: This Contract supersedes and replaces all verbal communications, agreements and any previous written contracts, which upon execution of this Contract shall be null and void and of no further force and effect. 11.7 APPROVAL BY THE CITY COMMISSION: This Contract shall not be considered fully executed or binding on the City until the same shall have been approved and accepted by the City Commission of the City of Tamarac in open meeting as required by law and executed by the Contractor and the City. After such approval and acceptance, the City shall deliver to the Contractor a certified copy of the Resolution as evidence of the authority of the person authorized to bind the City to the terms, covenants and provisions of this Contract and to perform the same in accordance herewith. 11.8 COMPLIANCE WITH LAWS: Contractor, its officers, agents, employees, and contractors, shall abide by and comply with all Federal, state and local laws. It is agreed and understood that if City calls the attention of Contractor to any such violations on the part of the Contractor, its officers, agents, employees, contractors, then Contractor shall immediately desist from and correct such violation. If Contractor is in violation of any law, Contractor shall be solely responsible for coming into compliance with such law and shall be solely isresponsible for the payment of any fine charged for such violation. 20 ARTICLE 12 Miscellaneous Provisions 12.1 PARAGRAPH HEADINGS: The section and paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Contract. 12.2 ENTIRE AGREEMENT: This Contract constitutes the entire Agreement and understanding between the parties relating to the subject matter, and negotiations and oral understandings between the parties are merged herein. This Agreement shall not be modified, altered, changed or amended in any respect unless done so in writing and approved by Resolution of the City Commission of the City. 12.3 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 to make the City a part of such assignment, or to subject the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the Contractor of any liability and obligation under this Agreement, and despite any such assignment, the City shall continue to conduct business as provided for in this Agreement through the Contractor only. If the Contractor's company is sold during the life of this Agreement, the buying agent must provide the City with a letter signed by an officer of the new owner with authority to legally bind the company, stating that said new owner will continue to perform the requirements of this Agreement under all the terms, conditions, and specifications so stated in this Agreement 12.4 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 Agreement. 12.6 CHANGE ORDERS: Without invalidating this Agreement, and without notice to any surety, the City reserves and shall have the right to make increases, decreases or other changes to the character or quality of the work as may be considered necessary or desirable to complete the purpose of this Agreement in a satisfactory manner. The Contractor shall not start work on any such alteration that requires an increase or decrease to either the contract price or contract time 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. In the event the parties cannot agree on a satisfactory adjustment for any item requiring a change in the contract price or contract time, and a change order has not been issued, the City reserves the right at its sole option to amend the contract as it applies to these items in question and make such arrangements as 21 the City deems necessary to complete the work. The value 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, Contractor and the City's consultant. Any notice required to be given to a surety by the provisions of the bond shall be the Contractor's responsibility, and the amount of each applicable bond shall be adjusted accordingly. 12.6 PERMITS AND LICENSES: The Contractor shall submit copies to the City's Representative of all licenses required for this work. A City of Tamarac Engineering Permit will be required, however, permit fees will be waived. 12.7 BANKRUPTCY: This Contract shall terminate in the case of bankruptcy (whether voluntary or involuntary) or insolvency of the Contractor. In the case of bankruptcy, such termination shall take effect on the day and at the time that the bankruptcy action is filed. 12.8 NOTICES: Any notice required or permitted to be delivered hereunder shall be in writing and shall be deemed to be delivered, whether or not actually received, when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the respective party at the address set forth below: City Manager City of Tamarac 7525 NW 88t" Avenue Tamarac, Florida 33321-2401 Telephone: (954) 724-1230 With Copy_to: City Attorney City of Tamarac 7525 NW 88t" Avenue Tamarac, Florida 33321-2401 Telephone: (954) 724-1240 Contractor: Prestige Property Management and Maintenance, Inc. 3300 SW 46 Avenue Ig Davie, Florida 33314 Telephone: (954) 584-3465 22 In WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. City of Tamarac through its Mayor and Prestige Property Management and Maintenance, Inc. signing by and through its�,�' =�= duly authorized to execute the same. THE CITY OF TAMARAC, FLORIDA w By: l oe Schreiber, Mayor Date: Df-cf'b o 44:�� o , y: Robert S. Noe, Jr., City Manag Date: v c ATTEST: r .By: 11 Carol A. Evans, City Clerk Date: J)cc t a • Appy6ved 0 to form and legal s ell S. Date: Q sczemo 23 ATTEST: Type/Print Name (Corporate Seal) PRESTIGE PROPERTY MANAGEMENT AND MAINTENANCE, INC. By: resident Type/Print Name Date: LL l 3 `1 24 10 I 0 EXHIBIT "A" BID NUMBER 97-20B LANDSCAPE MAINTENANCE OPERATIONS SCHEDULE OF PRICES FOR LEVEL 2 AREAS(PUBLIC R.O.W) Annual Public R.O.W. Descri tion Quantity Frequency Unit price Cost Commercial Blvd. mowing 28 504 14,112 (From University Drive to trimming 14 108 1,512 Prospect Road) edging (If) 14 108 1,512 inclusive of NW 56 Street weed control 14 108 1,512 litter control 28 72 2,016 irrigation inspection 24 120 2,880 Pruning a) shrubs 16 12 432 5,184 b trees & palms 3911 1 2,880 2,880 Chemical applications a) turf insecticide 1 450 450 b turf fort. (Bahia) 2 510 1,020 c shade tree Pert. 201 1 360 360 dpalm tree fort. 190 1 80 80 e shrub fort. 16 2 171 342 Mulch 1 5,853 5,853 TOTAL 39,713 Rock Island Road mowing 28 90 2,520 (From Commercial Blvd. trimming 14 90 1,260 to 44 Street, including edging (If) 14 36 504 canal bank) weed control 14 18 252 litter control 28 18 504 irrigation inspection 24 80 1,920 Pruning ` b) trees & palms 122 1 900 900 Chemical applications a) turf insecticide 1 250 250 b turf fert. M!61 2 150 300 c shade tree Pert. 1 244 244 dpalm tree fort. 61 1 305 305 Mulch 1 420 420 TOTAL * `NNAMM 9,379 57 Street Cut 28 504 14,112 trim 12 108 1,296 irrigation inspection 12 0 0 Chemical applications 10 200 2,000 Turf fort. 2 342 684 Shrub fort. ;; 2 152 304 Palms (pruning) 1 2,184 2,184 „ Mulch 1 625 625 TOTAL 21,205 C] �J • Annual Public R.O.W. Description Quantity Frequency Unit price Cost University Drive mowing -,? :. 28 108 3,024 (From Southgate Blvd. to trimming d .,,, 14 108 1,512 Commercial Blvd.) edging (If) "'"" 14 36 504 ,'' weed control 14 72 1,008 litter control j 28 36 1,008 r. irrigation inspection 24 100 2,400 Pruning �g •.,. b trees & palms 3111 1 1,800 1,800 a Chemical applications a turf insecticide 1 130 130 b turf fert. 2 85 170 c shade tree fert. 180 1 200 200 d) palm tree fert. 131 1 80 80 Mulch 1 8,100 8,100 TOTAL 19,936 Pine Island Road mowing 28 108 3,024 (NW 88 Avenue) line trimming 14 54 756 (From Southgate Blvd. edging (If) Nonni 14 18 252 to Commercial Blvd.) weed control 1 14 18 252 litter control #awl 28 18 504 irrigation inspection 24 Pruning b trees & alms 58 1 450 450 Chemical applications a) turf insecticide 1 250 250 b) turf fert. (Bahia) 2 75 150 c shade tree fert. 34 1 80 80 d) alm tree fert. 24 1 150 150 3. Mulch 1 162 162 TOTAL 6,030 Nab Hill Road mowing 28 144 4,032 (From Southgate Blvd. trimming 14 90 1,260 to Commercial Blvd.) edging (If) 14 18 252 weed control 14 18 252 litter control 2$ 1$ 504 E, irrigation inspection 24 80 1,920 u,. Pruning ' a shrubs 8 12 1 22 1,824 b trees & alms 199 1 589 589 ' Chemical applications �. a turf insecticide >'; 1 325 325 ,^. b) turf fert. 2 432 864 C shade tree fert. 122 1 40 40 d) palm tree fert. 77 1 60 60 e shrub fert. 8 2 60 120 Mulch 1 1,400 1,400 TOTAL 13,442 • • 0 Annual Public R.O.W. Description Quantit Frequency Unit price Cost Prospect Rd. Cut'' 28 216 6,048 trim 12 54 648 irrigation inspection 12 120 1,440 a Chemical applications 10 120 1,200 Turf Fert. 2 57 114 Shrub Fort. 2 19 38 Palms (pruning) .. 1 0 0 Mulch 1 50 50 TOTAL 9,538 Woodlands North Cut 28 72 2,016 trim 12 54 648 irrigation inspection 12 20 240 Chemical applications ANMI 10 80 800 Turf Fort. womw 2 57 114 Shrub Fert. 411111=1 2 19 38 Palms (pruning) 1 182 182 Mulch 1 75 i 75 TOTAL 4,113 Sabal Palms Cut 28 90 2,520 (Rock Island & trim 12 252 3,024 Bailey Rd) irrigation inspection 12 0 0 Chemical applications 10 60 600 Turf Fert. 2 57 114 Shrub Fert. 2 75 150 Palms (pruning) 1 714 714 Mulch 1 263 263 TOTAL 7, 385 Mainlands Dr. Cut 28 108 3,024 trim 12 216 2,592 irrigation inspection 12 160 1,920 Chemical applications 10 60 600 Turf fert. 2 114 228 Shrub fort. 2 152 304 Palms (pruning) 1 0 0 Mulch ' 1 3131 313 TOTAL 8,981 0 • 11 Annual Public R.O.W. Description Quantity Frequency Unit price Cost Wild Life Area Cut:''" 28 54 1,512 *� , Palms (pruning) 1 54 54 TOTAL „, ;a,,; 1,566 Boulevards Cut I p 28 252 7,056 trim 12 108 1,296 w irrigation inspection pia, 12 120 1,440 „ Chemical applications`' 10 - 120 1,200 Turf Fort."' 2 228 456 Shrub Fert. ;' ` 2 114 228 Palms (pruning)°' 1 1,092 1,092 Mulch- 1 .238 238 TOTAL 13,006 Southgate Blvd. Cut 28 432 12,096 & Berm trim 12 216 2,592 irrigation inspection E 12 0 0 Chemical applications �, „ 10 200 2,000 Turf Fort. 2 475 950 Shrub Fort. 2 0 0 Palms NAM 1 84 84 Mulch Mxm 1 250 250 Bush Hog 12 250 3,000 TOTAL 20,972 Woodmont Area Cut mom= 28 432 12,096 trim 12 0 0 irrigation inspection 12 320 3,840 Chemical applications 10 120 1,200 Turf Fort. 2 190 380 ,.. Shrub Fert. 2 0 0 Palms 1 0 D Mulch 1 0 0 TOTAL 17,516 McNab Road Cut 28 396 11,088 Oust East of 70th) trim 12 54 648 irrigation inspection 12 120 1,440 Chemical applications 10 160 1,600 Turf Fert. 2 266 532 Shrub Fort. 2 76 152 Palms 1 300 300 Mulch 1 658 658 TOTALS 16,418 TOTAL OF FULL SERVICE AREAS 209,200.00 C� • 0 NON FULL SERVICE AREAS " Cut includes: mowing, lawn trimming, edging, weeding and litter control. The Cut items include: mowing, lawn trimming,edging, weeding, herbicide of beds and litter control, where applicable per cycle. GRAND TOTAL 240,628.00 • EXHIBIT "B" BID NUMBER 97-20B LANDSCAPE MAINTENANCE OPERATIONS ADDITIONAL WORK (AS NEEDED) ITEM DESCRIPTION PRICE 1.0 Pruning (Accent Trees) $45.00 2.0 Sod Replacement Bahia $0.38 (sq. ft. price) St. Augustine $0.40 3.0 Tree Removal including stump grinding $225.00 (Per tree under 25') $325.00 (Per tree over 25') 4.0 Fertilizing $24.00 (per 50 lb. Bag including labor) 5.0 Additional Pest Control $135.00 Price Per 50 gallon application of insecticide Price per 50 pound bag application of $45.00 granular insecticide 6.0 Fire Ant Control including labor $3.75 (per 1000sf) 7.0 Storm/Debris Removal $135.00 (Cost per crew hour incl. Equipment, hauling and disposal) 8.0 Debris Removal/Non-Storm $120.00 (Cost per crew hour incl. Equipment, hauling and disposal) 9.0 Irrigation Replacements (Cost to replace incl. Materials, labor and restoration work) • Spray heads $6.00 • Rotor heads $23.95 • Electric valves $295.00 • Pressure valves $195.00 • Indexing valves $175.00 10.0 Mechanical Edging (Price per If blade or weed trimming for non -curbed area) .025 0 EXHIBIT "C" CITY OF TAMARAC LANDSCAPE MAINTENANCE OPERATIONS CHECKLIST Month: Full Service Areas Cut lCut Cut Irrig. Fert. Amount Comments 1 Commercial Blvd.- 2 Rock Island Road 3 University Drive 4 Pine Island Road 5157 Street 61 Prospect Rd. 7 Woodlands North 8 Sabal Palms 9 Mainlands Dr. 10 Wild Life Area 11 Boulevards 2 Southgate Blvd. NE 13 Southgate Berm 14 McNab Road 15 Nob Hill Road 16 Woodmont Area Mowing only 17 Lagos De Campos 18 NW 84 Ter. 19 94 Avenue 20 70 Ave./Brookwood Blvd. 21 108th Ter./80th Street 221 NW 81 St./Swale 23 77th Street 24 Greenbrier 25 96th Street/Swale 26 Mainlands Canal Crossings 27 Lift Stations BUSH HOG ONLY 28 Berkowitz Property (NE Corner of Commercial Blvd & Pine Island Rd TOTAL Cut = mowing,trimming, edging, weed eating and litter control Fert.= according to schedule #2 of agreement Mulch & Pruning will be logged in comment areas as needed. " Inclusive of NW 56 Street 1-0 10 I* / ( ( \ k�! %\(§■7�(0 (\ \ \)g�•U3 ) k g¥} 7E#g7 §�k \ - � \ § _ m § § q 0 0 0 03CD cn \ / ©e■_- e \|I Je&ka | } k � @ / 3 2 A k @ � � � & . $ ) 6 $ K . k b $ k B \ �