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
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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
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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.
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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.
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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:
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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.
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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.
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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
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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
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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.
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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
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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
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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.)
RFP 09 -09
Page 26 of 64
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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