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Contract- Cutler BayMEMORANDUM I1` 41.0 N vi. 10, ON '33' Office of the Town Manager To: Honorable Mayor, Vice Mayor and Town Council From: Steven J. Alexander, Town Manager Date: March 18, 2011 Steven J. Alexander Town Manager Un a j ttio,�.�\ a Re: Landscape Maintenance Services (RFP # 09 -09) Contract Amendment REQUEST A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF . CUTLER BAY, FLORIDA, AUTHORIZING THE TOWN MANAGER TO AMEND THE LANDSCAPE MAINTENANCE AGREEMENT WITH GROUNDKEEPERS, INC. FOR ADDITIONAL SCOPE OF SERVICES WITHIN TOWN'S DESIGNATED RIGHT -OF- WAYS AND CUL -DE -SACS FOR A ANNUAL AMOUNT OF $23,292.00 AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS On November 18, 2009, via Resolution number 09 -81, the Town Council approved a Landscape Maintenance Contract with Groundkeepers Inc. (the "Contractor "), for services outlined in Request for Proposal (RFQ) number 09 -09. The Contractor provided above satisfactory the town -wide mowing, landscape, and litter patrol services for the Town for over a year and a half. The Public Works staff has identified additional landscape maintenance sites which were not included in the original Scope -of- Services that require litter and mowing services, as outlined in RFQ number 09 -09. Some of the identified sites were maintained by neighbors and Town staff. In order to continue the high level of service which is being offered by our existing Contractor, Town staff has negotiated the proposed amendment to the Landscape Services contract. 10720 Caribbean Boulevard, Suite 105 • Cutler Bay, FL 33189 • 305 -234 -4262 • www.cutlerbay- fl.gov Page 2 of 2 Since the original Scope of Services that was developed in 2009, the Town's Public Works Department has identified the following combination of cul -de -sacs, swales, and center medians that are in need of landscape services: SITE # REFERENCE ADDRESS SITE DESCRIPTION(S 92 8265 SW 184 Terrace CUL -DE -SAC 93 9010 SW 186 Terrace CUL -DE -SAC 94 18921 SW 92 Court. CUL -DE -SAC 95 8874 SW 196 Terrace CUL -DE -SAC 96 SW 208 Street (between SW 92 Ave & SW 87 Ave) CENTER MEDIANS 97 10190 SW 203 Terrace CUL -DE -SAC 98 19700 SW 99 .Court CUL -DE -SAC 99 20200 SW 91 Avenue CUL -DE -SAC 100 9115 SW 202 Terrace CUL -DE -SAC 101 21320 SW 102 Court DEAD END STREET SWALES 102 21430 SW 102 Court DEAD END STREET SWALES 103 20051 SW 79 Avenue between 20091 SW 79 Avenue SWALE AREA (length 31fl/depth 25ft) 104 20321 SW 79 Avenue between 20401 SW 79 Avenue SWALE AREA (length 27ft /depth 25ft) 105 20401 SW 79 Avenue between 7916 SW 205 Street SWALE AREA (length 120ft /depth 25ft) Town staff has determined that it is in the best interest' of the Town to "amend" the original Landscape Maintenance Agreement with Groundkeepers Inc. for an annual amount of $ 23,292.00 for additional maintenance services, on the sites identified above. RECOMMENDATION We recommend that the attached resolution be ,adopted, authorizing the Town Manager to execute an Amendment to the Landscape Maintenance Service Agreement with Groundkeepers Inc. for additional landscape maintenance services for the sites identified above. %FGBC L9. !.„ 10720 Caribbean Boulevard, Suite 105 • Cutler Bay, Fl- 33189 . 305- 234 -4262 - www.cutierbay- fl.gov Groundkeepers, Inc. 8004 N.W. 154th Street, Suite# 330 Miami Lakes, Florida 33016 I Name /Address I Town of Cutler Bay 10720 Caribbean Boulex and Suite 105 Cutler Bay, Florida 33189 Estimate Date Estimate # 3/11,2011 311004 Phone # Project New Sites 305 - 825 -1712 Description Qty Cost Total New Sites - Right of way Monthly Lawn Service., 23,292.00 - 8265 SW 184th Terrace - 9010 SW 186th Terrace - 18921 SW 92nd Court - 8874 SW 196th Terrace - SW 208th Street ( between SW 92nd Avenue @ SW 87th Ave.) - 10 190 SW 203th Terrace - 19700 SW 99th Court = 20200 SW 91 st Avenue - 9115 SW 202nd Terrace - 21320 SW 102nd Court - 21430 SW 102nd Court - 20051 SW 79th Avenue between 20091 SW 79th Avenue - 20321 SW 79th Avenue between 20401 SW 79th Avenue - 20401 SW 79th Avenue between 7916 SW 205th Street -T Thank you for considering us for your Landscaping needs. Total law $23,292.00 Phone # Fax # E-mail 305 - 825 -1712 305 - 825 -1713 billing @groundkeepers.net RESOLUTION NO. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING AN AMENDMENT TO THE LANDSCAPE MAINTENANCE AGREEMENT WITH GROUNDKEEPERS, INC. FOR ADDITIONAL SCOPE OF SERVICES WITHIN TOWN DESIGNATED RIGHT -OF -WAYS AND CUL -DE- SACS FOR AN ANNUAL AMOUNT OF $23,292.00; AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 18; 2009, the Town Council adopted Resolution 09- 81, which approved a Landscape Maintenance Agreement between the Town of Cutler Bay (the "Town ") and Groundkeepers, Inc.; and WHEREAS, the Town desires to increase the landscape maintenance sites included in the original Scope of Services, identified in Request for Proposal (the "RFP ") Number 09 -09; and WHEREAS, the additional landscape maintenance sites consists of cul -de -sacs, swale areas, and new center medians as shown in the attached Exhibit "A "; and WHEREAS, the funds for the additional Scope of Services will be disbursed from the Public Works Department's General Operating Budget — Other Contractual Services; and WHEREAS, the Town Council desires to authorize the Town Manager, on behalf of the Town, to amend the Landscape Maintenance Agreement, to include the additional landscape maintenance sites, as identified in Exhibit "A "; and WHEREAS, the Town Council finds that this Resolution is in the best interest and welfare of the residents of the Town. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. Section 2. Landscape Maintenance Services Agreement Amended. The Town Council hereby approves an amendment . to the Landscape Maintenance Services Agreement with GroundKeepers, Inc., in the annual amount of $ 23,292.00, for additional landscape maintenance sites as shown in Exhibit "A," with the same terms and conditions as defined in RFP Number 09 -09. Section 3. Town Manager Authorized. The Town Manager is hereby authorized, on behalf of the Town, to execute an amendment to the Landscape Maintenance Services Agreement with GroundKeepers, Inc. consistent with the provisions of this Resolution. Section 4. Effective Date. PASSED AND ADOPTED this day of , 2011. EDWARD P. MACDOUGALL, Mayor Attest: ESTHER B. COULSON Town Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE SOLE USE OF THE TOWN OF CUTLER BAY: WEISS, SEROTA, HELFMAN, PASTORIZA, COLE & BONISKE, P.L. Town Attorney FINAL VOTE AT ADOPTION: Mayor Edward P. MacDougall Vice Mayor Ernest Sochin Councilmember Peggy R. Bell Councilmember Mary Ann Mixon Councilmember Sue Ellen Loyzelle 2 EXHIBIT A Page 1 of 3 i � I 'i I i f °z¢ Z Z Z Z Z 1 i a ¢¢ -¢aZ ;i ¢¢( °U ¢¢¢ �UUW��UUUWWUUUUg us ¢ton-oUa�j CU a � =y t�(� ow Lli nn W WW W W WWWW WWWWW H » »wW Z Z » J >wW Z J 000a » D» W»W nUcnmn0wnUcnUn JZJJJJ �W�ocoUnUayoU¢¢ »»D»> 0¢cUnJ0U¢�J 0 iv v) UUUUUUUUUUUUUU UUUUUUUUUU ^i EN;�.' J m:E Nj 3 ioi ca `m N m ial 1 c01 c' cn 0 (4i ' N U! U) C! G, W' W! ro LL > IN o. -Q; a; o U co + C. ' c Loo C a'S t4. I J' m Quo r > I `- ¢ (D ' i Oro C N Go U > U) N U) 0 i U) U C N C m O Y O 0' W m m m m m p L m m LL W 7 p D t t t a� c m ° a� +_ m � m m m m m oij otj m m r� m m( L� c m m m V m L m m m 3 Q m I- m F- m F- m F �s J U � .fl m.-... 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Groundkeepers, Inc. 8004 N.W. 154th Street, Suite# 330 Miami Lakes, Florida 33016 Name / Address I Town of Cutler Bay 10720 Caribbean Boulevard Suite 105 Cutler Bay, Florida 33189 Estimate Date Estimate # 3/11/2011 311004 Phone # Project Nev., Sites 305- 825 -1712 Description Qty Cost Total New Sites - Right of way • Monthly Lawn Service: 23,292.00 - 8265 SW 184th Terrace - 9010 SW 186th Terrace -18921 SW 92nd Court - 8874 SW 196th Terrace - SW 208th Street ( between SW 92nd Avenue @ SW 87th Ave.) -10190 SW 203th Terrace -19700 SW 99th Court - 20200 SW 91 st Avenue - 9115 SW 202nd Terrace - 21320 SW 102nd Court - 21430 SW 102nd Court - 20051 SW 79th Avenue between 20091 SW 79th Avenue - 20321 SW 79th Avenue between 20401 SW 79th Avenue - 20401 SW 79th Avenue between 7916 SW 205th Street Thank you for considering us for your Landscaping needs. Total $23,292.00 Phone # Fax # E -mail 305- 825 -1712 305- 825 -1713 billingngroundkeepers.net TOWN OF CUTLER BAY CONTRACT DOCUMENTS RFP #09 -09 zvuo LANDSCAPE MAINTENANCE SERVICE (PUBLIC WORKS. DEPARTMENT) GROUNDKEEPERS, INC. CONTRACT DOCUMENTS AGREEMENT TOWN OF CUTLER BAY LANDSCAPE MAINTENANCE SERVICE RFP # 09 -09 AGREEMENT LANDSCAPE MAINTENANCE SERVICE THIS AGREEMENT is made this 15 day of December, 2009 by and between the Town of Cutler Bay, Florida (the "Town ") and GROUNDKEEPERS. INC. (the "Contractor"). The parties, for the consideration provided for below, mutually agree as follows: 1..1.1 SCOPE OF WORK- The Contractor shall furnish all labor, materials, supervision, equipment, supplies, and incidentals required to perform the scope of work as outlined in the Detailed Specifications of this Agreement, attached hereto as Exhibit "A" (the "Work "). 1.2 COMPENSATION/PAYMENT- 1.2.1 Contractor shall provide the Town with an invoice on a monthly basis within ten (10) days of the end of each month stating the services provided in the preceding month. 1.2.2The Town shall make payment on said invoices of approved amounts due, as required under the Florida Prompt Payment Act. No payments shall be due or payable for Work not performed or materials not finnished. if there is a dispute with regard to an invoice, the Town may withhold payment until all requested supporting materials are received from Contractor and the dispute is resolved. 1.2.3 Contractor shall be compensated at the unit prices specified in the Bid Proposal, attached hereto as Exhibit "B ", based upon the actual .Work completed for the month. The total compensation under this Agreement shall not exceed $105.000.00 (the "Agreement Sum "). 1.3 TERM- This Agreement shall be effective upon execution by both parties and shall continue for a term of three (3) years. At its sole discretion, the Town shall have an option to renew this Agreement upon the same terms and conditions for up to two (2) additional years (the "Option'. This Option may be exercised at the sole discretion of the Town Manager. Such extension shall be effective upon receipt of a written notice from the Town Manager to the Contractor received no later than 30 days prior to. the date of termination. 1.4 PROTECTION OF PROPERTY AND THE PUBLIC- The Contractor shall continuously maintain adequate protection of all his Work from damage and shall protect public and private property from injury or loss arising in connection with this Agreement as follows: 1.4.1 The Contractor shall take all necessary precautions for the safety of employees in the performance of the Work on, about or adjacent to the work sites, and shall comply with all applicable provisions of Federal, State, and local Iaws, including, but not limited to the requirements of the Occupational Safety and Health Act of 1970, and amendments thereto, and building codes to prevent accidents or injury to persons on, about or adjacent to the work site where the Work is being performed. RFP 09 -09 Page 58 of 64 1.4.2 The Contractor shall erect and properly maintain at all times, all necessary safeguards, including sufficient lights and danger signals on or near the Work, from sunset to sunrise, suitable railings, barricades, or other hazards or other protective devices about unfinished work, open trenches, embankments, or other hazards and obstructions to traffic; provide all necessary security staff on the Work by day or by night for the safety of the public; and take all necessary precautions to prevent accidents and injuries to persons or property on or near the Work. 1.4.3 The Contractor shall be completely responsible -for, and shall replace and make good all loss,. injury, or damage to any property (including landscaping, walks, drives, or structures of the Town and of any land adjoining the work site), which may be caused by Contractor. The Contractor shall, at all times while the Work is in progress, use extraordinary care to see that adjacent .property, whether real or personal, is not endangered in any way by reason of fire, water, or construction operations, and shall take All necessary or directed steps, to protect the property. 1.4.4 Buildings, sidewalks, fences, shade trees, lawns and all other improvements shall be duly protected from damage by Contractor. Property obstructions, such as sewers, drains, water or gas lines, conduits, railroads, poles, walls, posts, galleries, bridges, manholes, valve boxes, meter boxes, street monuments, etc., shall be carefully protected from injury and shall not be displaced. The Contractor shall give due notice to any department or public service corporation controlling such items as manholes, valve boxes, meter boxes, street monuments, etc., prior to adjusting them to grade and shall be held strictly liable to the affected utility if any such appliances are disturbed, damaged or covered up during the course of the Work. 1.5 INDEMNMCATION- 1.5.1 The parties agree that 1% of the total compensation paid to the Contractor for the performance of this agreement shall represent the specific consideration for the Contractor's indemnification of the Town as set forth in this Section 1.5 and in the Terms and Conditions. 1.5.2 To the fullest extent permitted by Laws and Regulations; Contractor shall indemnify and hold harmless the Town and their consultants, agents and employees from and against any and all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of attorneys and other professionals and court costs) arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to ' or destruction of tangible property (other than the work itself) including the loss of use resulting there from and (b) is caused in whole or in part by any, willful and wanton or negligent or gross negligent acts or oinission of Contractor, any subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. RFP 09 -09 Page 59 of 64 1.6 AGREEMENTDOCUMENTS- The following documents shall, by this reference, be considered part of this Contract: Instructions to Proposers; All Addendums; Contract Agreement; Proposal; Detailed Specifications; Qualification Statement; Public Entity Crime Form; Insurance Certificates 1.7 CONTRACTOR'S EMPLOYEES- 1.7.1 The Contractor shall at all times have a competent English speaking supervisor on site who thoroughly understands the Work, who shall, as the Contractor's agent, supervise, direct and otherwise conduct the Work. Contractor's employees shall serve the public in a courteous, helpful, and impartial manner. 1.7.2 Contractor's employees shall wear a clean uniform that provides identification of both the Contractor's company and the name of the employee. 1.7.3 Contractor shall, upon receipt of a written request from the Town, immediately exclude any employee of Contractor from providing Work under this Agreement. 1.7.4 The Work contemplated in this Agreement is on public property, accordingly no alcoholic beverages shall be allowed. 1.7.5 All references in this Agreement to the 'Contractor shall include Contractor's employees or subcontractors, wherever applicable. 1.8 VEHICLES AND EOUIPMENT- Contractor shall have on hand at all times and in good working order such vehicles, machinery, tools, accessories, and other items necessary to perform the Work under this Agreement. All vehicles used by Contractor to provide services under this Agreement shall be painted uniformly with the name of Contractor, business telephone number, and the number of the vehicle in letters legible by the public. The Town may require the repair or replacement of equipment as reasonably necessary. No other advertising shall be permitted on the vehicles. A magnetic sign displaying the Town of Cutler Bay Logo and a caption noting "Public Works" will be required on vehicles at all times. 1.9 INSURANCE - The Contractor shall secure and maintain throughout the _duration of this Agreement, insurance of such type and in such amounts necessary to protect its interest and the interest of the Town against hazards or risks of loss as specified below. The underwriter of such insurance shall be qualified to do business in Florida, be rated AB or better, and have agents upon whom service of process may be made in the State of Florida. The insurance coverage shall be primary insurance with respect to the Town, its officials, employees, agents and volunteers. Any insurance maintained by the Town shall be in excess of the Contractor's insurance and shall not contribute to the Contractor's insurance. The insurance coverages shall include a minimum of: RFP 09 -09 Page 60 of 64 1.9.1 Worker's Compensation and Employer's Liability Insurance: Coverage to apply for all employees for statutory limits as required by applicable State and Federal laws. The policy(ies) must include .Employer's Liability with minimum limits of $500,000.00 each accident. 1.9.2 Comprehensive Automobile and Vehicle Liability, Insurance: This insurance shall be written in comprehensive form and shall protect the Contractor and the Town against claims for injuries to members of the public and /or damages to property of others arising from the Contractor's use of motor vehicles or any other equipment and shall cover operation with respect to onsite and offsite operations and insurance coverage shall extend to any motor vehicles or other equipment irrespective of whether the same is owned, non - owned, or hired. The limit of liability shall not be less than $2,000,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded oxi a form no more restrictive that the latest edition of the Business Automobile Liability Policy, without restrictive endorsement, as filed by the Insurance Services Office. 1.9.3 Commercial General Liabillty. This insurance shall be written in comprehensive form and shall protect the Contractor and the Town against claims arising from injuries to members of the public or damage to property of others arising out of any act or omission to act of the Contractor or any of its agents, employees, or subcontractors. The limit of liability shall not-be less than $2,000,000.00.per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Commercial General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (1) Premises and/or Operations; (2) Independent contractors and Products and/or completed Operations; (3) Broad Form Property Damage, Personal Injury and a Contractual Liability Endorsement, including any hold harmless and /or indemnification agreement. 1.9.4 Certificate of Insurance: Contractor shall provide the Town Manager with Certificates of Insurance for all required policies. The Certificates of insurance shall not only name the types of policy(ies) provided, but also shall refer specifically to this Agreement and shall state that such insurance is as required by this Agreement. The Town reserves the right to require the Contractor to provide a certified copy of such policies, upon written request by the Town. If a policy.is due to expire prior to the completion of the services, renewal Certificates of Insurance or policies shall be fumished thirty (30) calendar days prior to the date of their policy expiration. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the Town before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of the Town Manager. 1.9.5 Additional Insured - The Town is to be specifically included as an Additional Insured for the liability of the Town resulting from operations performed by or on behalf of Contractor in performance of this Agreement. Contractor's insurance, including that applicable to the Town as an Additional Insured, shall apply on a primary basis and any other insurance maintained by the Town shall be in excess of and shall not contribute to Contractor's insurance. Contractor's insurance shall contain a severability of interest provision providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured or Additional Insured in the same manner as if separate policies had been issued to each. All deductibles or self-insured retentions must be declared to and be approved by the Town Manager. The Contractor shall be responsible for the payment of any deductible or self-insured retentions in the event of any claim. RFP 09 -09 Page 61 of 64 1.10 ASSIGNMENT AND AMENDMENT- No assignment by the Contractor of this Agreement or any part of it, or any monies due or to become due, shall be made, nor shall the Contractor hire a subcontractor to perform its duties under this Agreement without prior written approval of the Town. This Agreement may only be amended, by the parties, with the same formalities as this Agreement. 1.11 TERIVIINATION 1.11.1 Either party may terminate this Agreement without cause upon 30 days written notice to the other party. 1.11.2 Upon notice of such termination, the Town shall determine the amounts due to the Contractor for services performed up to the date'of termination. The Contractor shall not be entitled to payment of any lost profits or for Work performed after the date of termination. 1.11.3 After receipt of a notice of termination, and except as otherwise directed, the Contractor shall stop all Work under this Agreement, and shall do so on the date specified in the notice of termination. 1. 11.4 The Town may terminate this Agreement upon five (5) days written notice if the Contractor defaults on any material term of this Agreement. 1.12 GOVERNING LAW - The law of the State of Florida shall govern the contract between the Town of Cutler Bay and the successful proposer and any action shall be brought in Miami -Dade County, Florida. In the event of litigation to settle issues arising hereunder, the prevailing party in such litigation shall be entitled to recover against the other party its costs and expenses, including reasonable attorney fees, which shall. include any fees and costs attributable to appellate proceedings arising on and of such litigation. 1.14 .ACCESS TO PUBLIC RECORDS- The Contractor shall comply with the applicable provisions of Chapter 1 l 9, Florida Statutes. The Town shall have the right to immediately terminate this Agreement for the refusal by the Contractor to comply with Chapter 119, Florida Statutes. The Contractor shall, retain all records associated with this Agreement for a period of three (3) years from the date of Termination. 1.15 INSPECTION AND AUDIT - During the term of this Agreement and for three (3) years from the date of termination the Contractor shall allow Town representatives access, during reasonable business hours, to Contractor's and, if applicable, subcontractor's records related to this Agreement for the purposes of inspection or audit of such records. If upon audit of such records, the Town determines the Contractor was paid for services not performed, upon receipt of written demand by the Town, the Contractor shall remit such payments to the Town. 1.16 SEVERABILITY- If a term, provision, covenant, contract or condition of this contract is held to be void, invalid,'or unenforceable, the same shall not affect any other portion of this Agreement and the remainder shall be effective as though every term, provision, covenant, contract or condition had not been contained herein. 1.17 WAIVER OF JURY TRIAL - The parties irrevocably, knowingly agree to waive their rights to a trial by jury in any action to enforce the terms or conditions of this Agreement. 1.18 COUNTERPARTS - This Agreement may be signed in one or more counterparts, each of which when executed shall be deemed an original and together shall constitute one and the same instrument. RFP 09 -09 Page 62 of 64 1.19 INDEPENDENT CONTRACTOR — It is expressly agreed and understood that.the Contractor shall be in all respects an independent contractor as to Work, and that Contractor is in no respect an agent, servant or employee of the Town. Accordingly, Contractor shall not attain, nor be entitled.to, any rights or benefits of the Town, nor any rights generally afforded classified or unclassified employees. Contractor further understands that Florida Worker's Compensation benefits available to employees of the- Town are not available to Contractor, and agrees to provide worker's compensation insurance for any employee or agent of Contractor rendering services to the Town under this Agreement. All employees and subcontractors of the Contractor shall be considered to be, at all times, the sole employees or contractors of Contractor, under its sole discretion and not an employee, contractor or agent of the Town. 1.20 ACCIDENT PREVENTION AND REGULATIONS — Precautions shall be exercised at all times for the protection of persons and property. The Contractor and subcontractors shall conform to all OSHA, Federal, State, County and Town regulations while performing under the terms slid conditions of this Agreement. Any fines levied by the above - mentioned authorities, because of inadequacies to comply with these requirements, shall be borne solely by Contractor responsible for same. 1.21 BACKGROUND CHECKS - The Contractor will be responsible for maintaining current background checks on all employees and subcontractor employees involved in the performance of this Work. Background checks must be performed prior to the performance of any Work by the employee under this Agreement. Written verification of any background checks must be provided to the Town at the request of the Town Manager. 1.23 LAWS, RULES & REGULATIONS - Contractor shall be held responsible for any violation of laws, rules, regulations or ordinances affecting in any way the conduct of all persons engaged in or the materials or methods used by him, on the Work. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and orders of any public authority bearing on the performance of the Work under this Agreement. Contractor shall secure all permits, fees, licenses, and inspections necessary for the execution of the Work, and upon termination of this Agreement for any reason, Contractor shall transfer such permits, if any, and if allowed by law, to the Town. 1.24 POLICY OF NON - DISCRIMINATION - The Contractor shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work and shall not discriminate on the grounds of race, color, religion, sex, age, marital status, national origin, physical or mental disability in the performance of work under this Agreement. 1.25 NON- WAIVER- The approval, and/or acceptance of any part of the Work by the Town shall not operate as a waiver by Town of any other terms and conditions of the Agreement. 1.26 NOTICES- Whenever any party is required to give or deliver any notice to any other party, or desires to do so, such notices shall be sent via certified mail or hand delivery to: Town: Town of Cutler Bay 10720 Caribbean Blvd., Suite# 105 Cutler Bay, FL 33189 Attention: Town Clerk PIFP 09 -09 Page 63 of 64 Contractor: Groundkeppers, Inc. 8004 NW 154 Street, Suite# 330 Miami Lakes, Fl, 33016 IN WITNESS Attest: 0 M. Signed, sealed and witnessed in the pre a this agreement on the day and date first above written. J. Alexander — Town Manager Town Resolution # 09.81 CONTRACTOR: GROUNDKE EPERS, ]INC. By (*) In the event that the Contractor is a corporation, there shall be attached to each counterpart a certified copy of a resolution of the board of the corporation, authorizing the officer who signs the contract to do so in its behalf, END'OF DOCUMENT RFP 09-09 Page 64 of 64 1. 2. A It SECTION III RFP # 09-09 DETAILED REQUIREMENTS The following specifications leave been developed for Town's medians and swales based upon Three (3) Zones for maintenance activity required (Attachment `B") Each Zone will be defined listing standards for litter control, turf care weeding and edging, and shrub and hedge trimming-, designating schedules for the 2gformance of work; and ffoviding inventories of medians and swales to be maintained. SCOPE OF SERVICES The work includes, but may not be limited to, the furnishing of all labor, materials, tools, equipment, machinery and services for proper maintenance which for the purposes of this bid, shall include litter, trash, and debris removal (including, but not limited to, small items such as paper, cans, bottles, and shopping carts), mowing, edging, hedge trimming, selective tree trimming, planting, removal, raking, sweeping bike paths, weed eating; herbicide applications, insect control, watering, fertilizing, mulching, staking, sod plantingh- eplacement, and street sign installation/repairs. The contractor shall maintain the contractually covered Zones at- the frequency rate prescribed with the conventional production style mowing, lawn maintenance and equipment as required by the Town. 1,1 The Town of Cutler Bay is requesting sealed proposals from qualified Proposers, to provide high quality maintenance of Town Facilities, Medians, and.Swales. The scope of services generally consists of furnishing all labor, supplies, equipment, tools, service and supervision necessary to perform and maintain the work necessary for each Zone's swale and right -of way area, conducive with a safe, neat, and clean environment. GENERAL REQUIREMENTS All Zone areas listed in this section (Attachment "B ") shall be maintained according to the following standards for litter control, mowing, edging, weeding and shrub pruning. Maps are also provided outlining the Zone areas. The following is a detailed listing of general requirements that must be included in base bid unless specified as a "separate billing" item: 2.1 To provide experienced personnel under competent supervision to perform all labor required by this Contract in a safe and workmanlike manner. 2.2 All equipment shall be maintained in an efficient and safe operating condition while performing work under the contract. Equipment shall have proper safety devices maintained at all times while in iise. If equipment does not contain proper safety devices and/or is being. operated in an unsafe manner, the Town may direct the Contractor to remove such equipment and/or the operator until the deficiency is corrected to the satisfaction of the Town. The Contractor shall be responsible and liable for injury to persons caused by the operation of the equipment. 2.3 The President / Chief Operating Officer of the contracting firm must be available to attend bi- weekly meetings with the Public Works Director or his designee. 2.4 To provide a written schedule of planned grounds maintenance activities in advance of the first day of each month. RFP 09 -09 Page 18 of '64 2.5 During hurricane emergencies or other windstorm occurrence, the contractor must be available for 24 hour, 7 days per week work detail that may include, but is not limited to, the supply of five (5) work crews (min, of 4 employees per crew) with trucks, chain saws, and chippers plus a bob cat and a combination backhoe. 2.6 To promptly notify the Public Works Director or his designee of any evidence of pest infestation in any right -of -way and/or swale area. Contractor shall be responsible for all related costs (labor and applicable -treatment chemicals) corrective measures, required to eradicate problem. 2.7 The Contractor will be responsible for replacement of any sprinkler heads lost or damaged in any way. Replacement of sprinkler heads shall be compatible to existing system. Any other damage to lines, valves or other components caused by the Contractor shall be the sole responsibility of the Contractor to repair or replace with identical parts and in a timely manner. 2.8 The contractor will be responsible for maintaining all designated bike paths, clear of any litter and other debris. 2.9 Any damages to the road, facilities, sewers, utilities, irrigation system, plant material or vegetation caused by the Contractor shall be repaired at the expense of the Contractor to the satisfaction of the Town. Failure to restore said damages within three (3) business days following notification shall result in a deduction from the next invoice of the Town's expenses incurred by the Town for labor, material, or equipment to restore the property to its original condition. 2.10 The contractor, or an employee of the contractor approved by the Town, must be on 24 hour call, at all times via cell phone or two -way radio. The contractor must provide the Town, at no cost, one (1) such device throughout the duration of the contract or be compatible with the Town's existing communication system. 2.11 The Contractor shall purchase sufficient magnetic signs, as directed by the Public Works Director, which shall be placed on all vehicles performing work within the Town (two signs per vehicle). 2.12 The Contractor must have an on staff Certified Arborist or a subcontractor, who is in good standing with the National Arborist Association (NAA). 2.13 All structures and monuments, located on Town medians, right -of -way, shall be checked for graffiti and cleaned (painted over). Annual painting will be scheduled; contractor shall supply all labor and materials. Contractor shall be responsible for cleaning (painting over) graffiti on residential and/or commercial perimeter* walls, which are visible from any road. The cleaning (painting over) graffiti shall match, as close as possible, the original perimeter wall paint. 2.14 The contractor may from time to time, on an emergency basis, repair potholes and shoulder of roads utilizing rock and asphalt as directed by the Public Works Director or his designee. 2.15 The contractor, on an immediate and first priority basis, shall be available to the Town to clear roadways or access areas in the event of an Act of God (i.e. storm, tornado, or hurricane) or an auto accident that causes a tree to fall and block a roadway or pedestrian area or any emergency deemed by the Town Manager or his designee. Contractor shall have emergency crews available twenty four (24) hour / seven (7) days per week. 2.16 Provide Labor sufficient labor, as determined by the Town Manager or his designee, for.Town's Special Events up to six (6) days per year. Proposer will provide all necessary labor to set up event, working during event and post -event clean up. This cost shal I be included in the proposer's base RFP 09 -09 Page 19 of 64 bid. The Special Events labor force shall range from a minimum of two (2) employees up to a maximum of twelve (12) employees, as required. 2.17 Removal of shopping carts from all right-of-ways, medians, and swale areas. 2.18 Trimming of trees, removal and/or replacement as necessary, on Zone right -of -way and swale areas. The routine trimming outlined in this section shall apply only to the "RED" highlighted right -of -ways, swales and cul-de-sacs, identified in Attachment `B ". The remainder of the trees trimmed shall be billed separately and prior written approval from the Public Works Director or his designee will be required. Removal of dead and/or damaged trees shall be. performed throughout ALL Zones. New and replacement trees shall be invoiced separately by contractor and shall be Live Oaks Florida grade "l" trees with a minimum of approximately five (5) inch caliper and approximately fifteen (15) feet in height. 2.19 1 Shrubs and ground cover material shall be pruned a minimum of once per month to ensure the best shape, health and character of the individual plant. Mechanical trimming may only be utilized when the health. or appearance of the plant will not be damaged by the mechanical trimmers. Ground cover plants shall be selectively out back to encourage lateral growth and kept in bounds and out of other plantings, walkways, lighting, or other structures. 2.20 Prune, thin, and trim all trees located in the "Red" and "Yellow" highlighted right -of -ways, medians, swales, and cul-de -sacs at least once a year, immediately preceding hurricane season, to keep the trees healthy, to maintain the natural character of the variety, to control shape to prevent crowding. Pruning shall consist of the removal of dead, broken, fungus infected, superfluous and intertwining branches, vines, and the removal of dead or decaying stumps and other undesirable growth. Palms shall be pruned as needed to remove dead fronds and weak stalks. Pruning will also be required from time to time to remove damaged branches from storms, frost, when blocking sight distances, or in response to any other kind of damage, hazard or obstruction. 2.21 Contractor shall be responsible for removing any damaged or fallen trees, obstructions or any other dangerous conditions (in ALL Zones) as determined by the Public Works Director or his designee to be under the purview of this Agreement. Cuts shall be made with sharp and proper tools. When cutting parts of branches a living bud shall be left at the end of the stub. Cuts shall be made sufficiently close to parent stem so that the healing can readily start under normal conditions. On trees known to be diseased,-tools shall be disinfected after each cut and between trees. Prune only at time of season proper for the variety. Prune or trim at least once or twice each growing season to keep the natural shape of the individual plant., 2.21.1 Pruning shall include the following items: • Dead, dying or unsightly part of the tree; • Remove sucker growth from the base of trees in which an exposed trunk character is desired; • Branches that grow toward the center of the tree; • Crossed branches that may rub together; • "V" crotches if it does not ruin the appearance of the tree; • Multiple leader if the tree normally has a single stem; Nuisance growth that interferes with view, traffic signage walks or lighting. Nuisance growth includes the removal of all dangerous . thorns, spikes or appendages which show potential conflict with people; • Shape the top of small trees as needed; and • All branches, dead wood and cuttings shall be removed from the job RFR 09 -09 Page 20 of 64 site at the time of pruning and disposed of in an acceptable manner. All lawn and shrub areas damaged by pruning equipment shall be restored at the contractor's expense. 2.22 Pressure cleaning of slippery and/or stained pedestrian sidewalks will be performed on an as needed basis, as directed by the Public Works Director or designee. 2.23 Contractor will be responsible for removing any litter, leaves, or other material from all sidewalks located in. the "Red" and "Yellow" highlighted right -a -ways, medians, and Swale areas. 2.24 Contractor shall be responsible for the placement of new sod and/or seeding of right -of -way and Swale areas, as identified by the Public Works Director or his designee. The labor and material cost for the new sod shall be paid for separately on a per "Work Order" basis. 2.25 Contractor shall be responsible to fertilize any irrigated sod and planted areas located in the "red" highlighted right -of -ways, medians, swales, and cul -de- 'sacs. The Public Works Director or his designee shall be notified in writing prior to the application of the fertilizer. 'All of the labor and material costs shall be included in the base bid proposal. All irrigated sod and planted areas shall be fertilized using the following: Grass 25 -5 -11 granular slow release twice per year. Shrubs and ground cover plants three applications per year (April, July, and November) with one (1) lb. of Lesco 8 -10 -10 fertilizer per one hundred square feet.. The type and quantity of fertilizer may be adjusted by the Public Works Director or his designee, based on the proposer's recommendation. 2.26 Contractor shall be responsible to mulch all currently mulched'plant beds and tree rings in "Red" highlighted right -of -ways, medians, swales, and cul-de -sacs. The Contractor shall become familiar with current mulch areas prior to bed submission. Identified areas shall be mulched a minimum of four (4) times per year with eucalyptus mulch and a minimum of three (3) inch thickness. 2.27 Contractor shall remove any exotic plants located in the right -of -ways and Swale areas, identified in ALL Zones. The cost of the exotic tree removal shall be paid for separately • on a per "Work Order" basis. 3. MOW, EDGE, TRIM AND CLEAN 3.1 All mowers will be equipped with catching devices, rear discharge capability or no discharge ( "mulching" type). 3.2 All turf areas will be cut to an even and uniform height consistent with accepted horticultural standards for southern turf types. 3.3 All sidewalks, inside curb edges, driveways, tree rings, landscape bed areas will be machine edged with each mowing. Care will be taken to prevent "edging away" of the turf. All crack and crevice vegetation shall be removed as required. 3.4 Line trimming shall be done with each mowing around all fixed objects exposed in the turf, including but not limited to irrigation devices, trees, poles /posts and other fixtures common in such settings. Damage to trees, lawns and/or facilities by virtue of careless or excessive line trimming will not be tolerated. The Contractor shall be liable for the repair and/or replacement and/or liquidated damages at the Town's discretion for any such damage. 3.5 All litter and/or debris shall be removed from the turf area(s) prior to the commencement of the mowing operation. RFP 09 -09 Page 21 of 64 3.6 All grounds maintenance debris generated by the mowing operation shall be removed away from the service area, by vacuuming or raking or other similar means from streets, sidewalks, bike paths, walkways, curbs, and grounds immediately following each service. 3.7 Mowing wet grass shall be avoided when possible. 3.8 Mowing will not be performed when weather or other conditions will result in damaged turf. 3.9 Mowing shall be performed in a manner that insures a smooth surface appearance without scalping or leaving any missed uncut grass. 3.10 Grass clippings or debris caused by mowing will be removed from the adjacent sidewalks, bike paths, gutters and curbs, or surfaces on the same day as turf is mowed. 3.11 Mowing shall be done carefully so as no to "bark" trees or shrubs, intrude into ground cover beds, damage sodded areas, or cause damage to sprinkler heads, valves, manifolds, time clocks, curbs, or other facilities. 3.12 All mowing, edging and trimming of affected areas will be performed simultaneously. 4. GARDENING 4.1 All shrubs. in the right of ways shall be pruned or sheared to comply with current Department of Transportation (DOT) specifications for traffic safety. 4.2 All hedging material will be trimmed evenly. 4.3 All other shrubbery, ferns, flowers arid formal plants will be pruned or sheared to conform with accepted horticultural standards and so as to promote flowering and general plant vitality. 4.4 All plant material will be kept from encroaching on the buildings, signage and/or light fixtures. 4.5 All bedding areas shall be mechanically cultivated as necessary to maintain a weed free bed. 4.6 All vegetative trimmings and debris shall be removed from the bedding areas with each service. 5. WEED MANAGEMENT 5.1 All tree rings and landscape beds located in the "Red" and "Yellow" highlighted locations shall be weeded manually and/or chemically as deemed appropriate by the Contractor, once approved by the Town, in order to provide a weed free environment. All cheinical applications must be made in conjunction with an appropriate spray indicator dye. 5.2 Turf weeding shall be Contractor's responsibility. 5.3 All sidewalks, bike paths, curbs and bullnoses maintained through this Contract will be treated for weeds. 5.4 All exterior equipment to include but not limited to air conditioning equipment, etc., will be treated for weeds to prevent any encumbrance which might affect equipment performance. 5.5 The Contractor shall not use hula hoes, scuffle hoes or related tools that may damage surface moots, plant items, stems and trunks. RFP 09 -09 Page 22 of 64 6. WEED CONTROL 6.1 The Contractor shall provide manual weeding of all town -wide plant beds twenty four (24) times per year. 6.2 The Contractor shall provide spraying of beds with "Surflan" (pre- emergence herbicide) four (4) times per year. 6.3 The Contractor shall provide spraying of brick pavers with "Pramitol 2513" (soil sterilizer - herbicide) two (2) times per year. 6.4 The Contractor shall provide spraying of brick pavers and_ sidewalks edges/joints with "Round Up" (herbicide) as needed. 7. LIFTER . 71 The Contractor shall provide a minimum of two (2) work crews, in order to remove customary or incidental litter from all highlighted locations, ALL right -of -ways, medians, swales and cut-de -sacs on- three (3) times per week Monday, Wednesday, and Saturday. The proper disposal of collected litter shall be the sole responsibility of the contractor. 7.2 All grounds maintenance debris shall be removed from the streets, sidewalks, bike paths and grounds immediately following each service. 7.3 Excessive leaf accumulation in turf areas that may inhibit turf quality or appearance will. be removed as part of this Contract. 7.4 Stone damage clean up of a significant nature is a. negotiable item the cost of which is in addition to the basic Contract's provision. 7.5 All litter and debris shall be removed from sod and shrub beds before mowing to avoid shredding and/or damage to persons or property by propelled rocks, cans, or other foreign objects. 8. OTHER The Contractor will not be responsible or liable for the condition of the landscape due to: 8.1 Drought 8.2 Freeze 8.3 Storm damage 8.4 Other acts of nature 9. SCHEDULES All areas shall be. maintained on schedules as outlined in Attachment "A ", Zone Schedule. Proposer to perform a total of thirty six (36) cuts per year. The cutting height shall be a minimum 2' /? to a maximum 3" above soil level. RFP 09 -09 Page 23 of 64 10. LIST OF ZONES ZONE NUMBER I ZONE NUMBER 2 ZONE NUMBER 3 [PLEASE SEE ATTACHED ZONE MAP AND DETAILED SITES) DESCRIPTION] NOTE. IF MAP AND /OR DETAILED SITE DESCRIPTION ARE NOT ATTACHED, PLEASE CONTACT THE TOWN CLERK, ERIKA GONZALEZ-SANTAMARTA AT (305) 2344262 OR EMAIL: ESANTAMARIA @CUTLERBAY- FL.GOV. RFP 09 -09 Page 24 of 64 4 ■ ZONE MAP (PLEASE SEE ATTACHED MAP AND DETAILED SITE DESCRIPTION (The, right -of -ways and swales highlighted in "Red" and "Yellow" will be the areas, in which the appropriate mowing cycles will occur. The remaining right -of -ways and Swale areas will "not" require mowing. The right -of -ways and swales highlighted in "Orange" will be the areas, in which the appropriate litter removal cycles will occur.) 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Co Q . . . . . . . . . . . . . . M 15 t 1 t �j kp�lra!y1��1•,a `ip �ry/{�.e�lr�!�X i' STARilfSH Ii 24DO5 CONTRACT DOCUMENTS BID FORM bnniromseatal lfaintenance & Landscape Aeitelopnrent November 2 "d, 2009 Mr. Rafael G. Casals Public Work Director Town of Cutler Bay Suite 105 Cutler Bay, Florida 33189 Ref. RFP # 09 -09 Dear Mr. Casals, This letter serves as Groundkeepers, Inc confirination to Wrform the scope of work pertaining. to RFP # 09 -09 title ``Landscape Maintenance Services ". Groundkeepers, Inc will honor the bid price in the aniount of $ 105,000.00 for the services identify therein, We look forward working with you and your staff. Should you have any questions, please feel free to contact me. Sincerely, Aiidi�w J onzale President 8004 A W. 154`t` Street, Suite 9330 .Viami LOA-es, f L 33016 Phone. (305) 82S -1712 Fax: (305) 825 -1713 E -Mail. 1 grorn dkeepers@bellsouth-net TOWN OF CUTLER DAY LANDSCAPE MAINTENANCE SERVICE RFP 4 " -07 PROPOSAL COST PER ZONE Zone Number t -- Zane Number 2 — Zone Number 3 — Allowances (FIXED ANIOUNT- PER YEAR) TOTAL BID PRICE. (PER YEAR) TOTAL BID PRICE (IN WORD Article 11, OPTION TO RENEW l ilk " Ill ' 1 i,11 $ E1000 Rate shall be as gUoted in initial three (3) year contract and shall not increase, Taxpayerl Proposer: Signature of Authorized Representative Printed Narno aid Title RFP 09 -07 Page 30 or 64 SECTION VII TOWN OF CUTLER BAY LANDSCAPE MAINTENANCE SERVICE RFP # 09-09 ALLOWANCES PART 1 SCOPE OF WORK 1.01 DEFINITION Included in the contract sutra is an allocation account for unforeseen conditions, quantity adjustments, and additional work that the Town may deem necessary if ordered and authorized by the Town through the issuance of a "Work Order". 1.02 ALLOWANCE ACCOUNT Monies in the allocation account will be used only on issuance of "Work Orders", approved by the Town Manager or his designee. 1:03 SELECTION OF PRODUCTS UNDER ALLOWANCES Town Manager or his designee duties: 1. Consult with the Contractor in consideration of products and supplier or installers or changes in quantities of contract items. 2. Make selection in consultation with the contractor, designating: a. Product, model and/or class of materials. b. Accessories and attachments. c. Supplier and installer as applicable. d. Cost to Contractor, delivered to the site or installed, as applicable. e. Warranties £ Quantities 3. Transmit Town's decision to the Contractor. 4. Prepare change orders. Contractor's Duties: 1. Assist Town Manager or his designee in determining qualified suppliers, quantities or subcontractor. 2. Obtain proposals from a minimum of three (3) suppliers and/or subcontractors when requested by Town'Manager or his designee. 3. Make appropriate recommendations for consideration of the Town Manager or his designee. RFP 09 -09 Page 55 of 64 4. Notify Town Manager or his designee promptly of: a. Any reasonable objections Contractor may have against any supplier, or party under consideration for installation. b. Any effect on the construction schedule anticipated by selection under consideration. 1.04 CONTRACTOR RESPONSIBILITY FOR PURCHASE, DELIVERY AND INSTALLATION A. On notification of selection, execute purchase agreement with designated suppliers and/or subcontractors. B. Arrange for and process shop drawings, product data and samples, as required. C. Make all arrangements for delivery. D. Upon delivery, promptly inspect products for damage or defects. E. Submit claims for transportation damage. F. Install and finish products in compliance with requirements of referenced specification sections, including restoration. 1.05 ADJUSTMENT OF COSTS A. Should the net cost be more or less than the specified amount_ of the allowance, the contract sum will be adjusted accordingly by change order. Should work be changed by change order: 1. -The amount of the change order will recognize any changes in handling costs at the site, equipment, labor, installation costs, overhead, profit, and other expenses caused by the change order. 2. For products specified under a unit cost in the change order schedule of values, the unit cost shall apply to the additional quantities actually used. B. Submit any claims for anticipated additional costs at the site, or other expenses caused by the selection under the allowance, prior to execution of the work. C. Failure to submit claims within the designated time will constitute a waiver of claims for additional costs. D. At contract closeout, reflect all approved changes in contract amounts in the final statement of accounting. RFP 09 -09 Page 56 of 64 PART 2 EXECUTION 2.01 MEASURE AND PAYMENT A. The cost shall include a fixed amount per the Bid Farm. B. Use of the allocation account shall be for unforeseeable conditions, for construction changes and for availability adjustments, if ordered and authorized by the Town. At the closeout of contract, monies remaining in the contingency allowance will be credited.to the Owner by change order. C. The fixed amount will be $10,000 per year and will be added to the proposer's base bid price. END OF SECTION [SPACE LEFT INTENTIONALLY BLANK] RFP 09 -09 Page 57 of 64