HomeMy WebLinkAboutItem #12b Landscape Maintenance Contract with Valley Crest
AGENDA ITEM COVER SHEET
Meeting Date: September 5, 2006
I~ b.
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Subject: $184,737 for Landscape Maintenance Contract with Valley Crest.
Item #
Contact Name:
Contact Number:
Stephen C. Krug
6002
Background Summary:
The City has terminated the mowing and landscape maintenance contract with the previous
contractor due to nonperformance. Due to the emergency nature of securing reliable continued
service, the landscaping portion of the contract has been separated out for pricing by a contractor
specializing in this type of high profile maintenance. Staff made inquiries of private and public
owners for a reputable landscape contractor in the Ocoee vicinity. The Valley Crest company was
highly recommended and able to meet our needs. The contractor requested a one-year contract to
provide the emergency work at the best possible price. The City will begin the re-bid process for
this work in six months. Part of this process will involve Public Works determining a competitive
cost to perform the maintenance in house to determine if out sourcing is still the best option for the
City.
Issue:
Award a 12-month contract to give City the benefit of lower rates on the emergency purchase order.
Recommendations
Recommend award of a 12-month landscape maintenance contract with Valley Crest, an Orlando,
Florida company with corporate offices located at 4777 Old Winter Garden Road.
Attachments:
Agreement For General Mowing & Landscaping Term Contract.
Financial Impact:
This work will be funded by the unfilled PW positions that were proposed for a landscape
maintenance crew in the 06/07 budget. The positions will remain vacant until such time as it is
determined that PW can provide the same or better services at a financial benefit to the City.
Type of Item:
o Public Hearing
o Ordinance First Reading
o Ordinance First Reading
o Resolution
o Commission Approval
o Discussion & Direction
For Clerk's Deot Use:
o Consent Agenda
o Public Hearing
[8] Regular Agenda
o Original Document/Contract Attached for Execution by City Clerk
o Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
cg] N/A
o N/A
o N/A
City Manae-er
Robert Frank
Commissioners
Danny HowelL District 1
Scott Anderson. District 2
Rusty Johnson. District 3
Nancy J. Parker. District 4
Mayor
S. Scott Vandere-rift
STAFF REPORT
TO:
The Honorable Mayor and City Commissioners
FROM:
Stephen C. Krug, Director of Public Works
DATE:
September 5, 2006
RE:
$184,737.00 for Landscape Maintenance Contract with Valley Crest
ISSUE
Should the Honorable Mayor and City Commission approve a one-year landscape maintenance contract with
Valley Crest?
BACKGROUNDIDISCUSSION
The City has terminated the mowing and landscape maintenance contract with the previous contractor due to
nonperformance. Due to the emergency nature of securing reliable continued service, the landscaping portion
of the contract has been separated out for pricing by a contractor specializing in this type of high profile
maintenance. Staff made inquiries of private and public owners for a reputable landscape contractor in the
Ocoee vicinity. The Valley Crest company was highly recommended and able to meet our needs. The
contractor requested a one-year contract to provide the emergency work at the best possible price.
The City will begin the re-bid process for this work in six months. Part of this process will involve Public
Works developing a competitive cost to perform the maintenance in house and determine if out sourcing is still
the best option for the City.
This work will be funded by the unfilled PW positions that were proposed for a landscape maintenance crew in
the 06/07 budget. The positions will remain vacant until such time as it is determined that PW can provide the
same or better services at a financial benefit to the City.
The maintenance areas covered under this contract are the following:
. Fire Station Nos. 1,2 & 3.
. Ocoee Cemetery
. Clarke Road Medians
. Maguire Road Medians
. Silver Star Road Medians - Clarke Road east to City limit.
. Ocoee Crown Point Medians
. Old Winter Garden Road Medians
. City Hall Complex - City Hall, Police Station, Community Center, Maguire House, Water Park & Starke
Lake Park.
Mayor
S. Scott Vandergrift
center of Good L .
<\.~e If7i~
Commissioners
Danny Howell, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Nancy J. Parker, District 4
City Manae-er
Robert Frank
AGREEMENT FOR
GENERAL MOWING & LANDSCAPING TERM CONTRACT
THIS AGREEMENT FOR GENERAL MOWING & LANDSCAPING TERM
CONTRACT (this "Agreement") is made this 21 st day of August. 2006, by and between the
CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North
Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "City") and Valley Crest
Landscape Maintenance, a Florida corporation, whose mailing address is 4777 Old Winter
Garden Road (hereinafter referred to as the "Contractor").
WITNESSETH:
WHEREAS, the City desires to enter into an Agreement with the Contractor to perform the
work set forth in that certain Invitation to Bid #B05-15 (the "Work"), and any amendments
thereto being attached hereto as Exhibit "A"; and
WHEREAS, the Contractor is capable of performing the Work and agrees to perform the Work
pursuant to the terms of this Agreement, and for the amounts specified in the Contractor's Bid,
the Contractor's Bid and any amendments thereto being attached hereto as Exhibit "B".
NOW THEREFORE, in consideration of the premises and other good and valuable
considerations exchanged between the parties hereto, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
Section 1. Scope of Agreement. The terms and conditions of Exhibit "A attached hereto as well
as the terms and conditions of Exhibit "B" attached hereto are incorporated by reference herein
as fully as if herein set forth. Unless otherwise specified herein, the Contractor is to furnish all
materials, tools, equipment, labor, supervision, and consumables to complete the Work.
Section 2. Term of Agreement. This Agreement shall consist of one (1) consecutive one (1)
year term (12 months), with the first one (1) year term beginning on August 21. 2006 (the
"Effective Date").
City ofOcoee. 150 N Lakeshore Drive. Ocoee, Florida 34761
phone: (407) 905-3100. fax: (407) 656-8504. www.ci.ocoee.fl.us
Section 3. Compensation. Contractor agrees to provide the services and materials as specified
in Exhibit "A" for the amount specified in Exhibit "B". The amount as specified in Exhibit "B"
may be increased or decreased by the City under the Extra Work provision of this Agreement,
through the issuance of an Addendum, if applicable. Any prices specified in this Agreement,
will remain firm for the initial one (1) year tt;;rm of this Agreement. After the initial one (1) year
term of this Agreement, price adjustments will be allowed pursuant to the Price Adjustment
provision of this Agreement.
Section 4. Payment. All invoices received by the City are payable within (30) days from
receipt, provided they have first been approved by the City, and the City has accepted the Work
for which payment is sought. The City reserves the right, with justification, to partially pay any
invoice submitted by the Contractor. All invoices shall be in duplicate and directed to: City of
Ocoee, Accounts Payable, 150 North Lakeshore Drive, Ocoee, Florida 34761-2258. All invoices
must be clearly marked: City Agreement #B05-15, General Mowing & Landscaping Term
Contract.
Section 5.
General Conditions.
A. Patents and Copyrights. The Contractor shall pay all royalties and assume all costs
arising from the use of any invention, design, process, materials, equipment, product or
device in performance of the Work, which is the subject of patent rights or copyrights.
Contractor shall, at its own expense, hold harmless and defend the City against any claim,
suit or proceeding brought against the City which is based upon a claim, whether rightful
or otherwise, that the Work, or any part thereof, furnished under this Agreement,
constitutes an infringement of any patent or copyright of the United States. The
Contractor shall pay all damages and costs awarded against the City.
B. Termination for Default.
1) The performance of Work under this Agreement may be terminated by the City, in whole
or in part, in writing, whenever the City shall determine that the Contractor has failed to
meet the performance requirements of this Agreement.
2) The City has a right to terminate for default if the Contractor fails to perform the Work,
or if the Contractor fails to perform the Work within the time specified in the Agreement,
or if the Contractor fails to perform any other provisions of the Agreement.
3) Failure of a Contractor to perform the required Work within the time specified, or within
a reasonable time as determined by the City or failure to redo the Work when so
requested, immediately or as directed by the City, shall constitute authority for the City to
hire another contractor to perform the Work. In all such cases, the Contractor or his
surety, shall reimburse the City, within a reasonable time specified by the City, for any
expense incurred in excess of the Agreement prices.
4) Should public necessity demand it, the City reserves the right to utilize services which are
substandard in quality, subject to an adjustment in price to be determined by the City.
The Contractor shall not be liable for any excess costs if acceptable evidence has been
submitted to the City that failure to perform the Work was due to causes beyond the
control and without the fault or negligence of the Contractor.
5) Termination for Convenience. The City may terminate this Agreement at its convenience
with thirty (30) days advance written notice to the Contractor. In the event of such a
termination by the City, the City shall be liable for the payment of all Work properly
performed prior to the effective date of termination and for all portions of materials,
supplies, services, and facility orders which cannot be cancelled and were placed prior to
BID B05-15, GENERAL MOWING & LANDSCAPING TERM CONTRACT 2
the effective date of termination and other reasonable costs associated with the
termination.
c. Warranty. The Contractor warrants that the Work including equipment and materials
provided shall conform to professional standards of care and practice in-effect at the time
the Work is performed, be of the highest quality, and be free from all faults, defects or
errors. If the Contractor is notified in writing of a fault, deficiency or error in the Work
provided within one (1) year from completion of the Work, the Contractor shall, at the
City's option, either redo such portions of the Work to correct such fault, defect or error,
at no additional cost to the City or refund to the City the charge paid by the City which is
attributable to such portions of the faulty, defective or erroneous Work, including the
costs for obtaining another Contractor to redo the Work.
ALL MATERIALS PROVIDED BY THE CONTRACTOR, SHALL BE
MERCHANT ABLE AND BE FIT FOR THE PURPOSE INTENDED.
THE CONTRACTOR SHALL BE
INCIDENTAL OR CONSEQUENTIAL
RESULTING FROM ANY WORK
AGREEMENT.
LIABLE FOR SECONDARY,
DAMAGES OF ANY NATURE
PERFORMED UNDER THIS
D. Time of Completion. The parties understand and agree that time is of the essence in the
performance of this Agreement. The Contractor agrees that all Work shall be performed
regularly, diligently, and uninterrupted within the time specified. The Contractor or City,
respectively, shall not be liable for any loss or damage, resulting from any delay or
failure to perform its contractual obligations within the time specified, due to acts of God,
actions or regulations by any governmental entity or representative, strikes or other labor
trouble, fire, embargoes, or other transportation delays, damage to or destruction in whole
or in part, of equipment or manufacturing plant, lack of or ability to obtain raw materials,
labor, fuel or supplies for any reason including default of suppliers, or any other causes,
contingencies or circumstances not subject to the Contractor's or City's control,
respectively, whether of a similar or dissimilar nature, which prevent or hinder the
performance of the Contractor's or City's contractual obligations, respectively. Any such
causes of delay shall extend the time of the Contractor's or City's performance
respectively, by the length of the delays occasioned thereby, including delays reasonably
incident to the resumption of normal Work schedules. However, under such
circumstances as described herein, the City may at its discretion, cancel this Agreement
for the convenience of the City.
E. Indemnification. To the fullest extent provided by law, Contractor shall indemnify,
defend and hold harmless the City and all of its officers, agents and employees from all
claims, loss, damage, cost, charges or expense including, but not limited to reasonable
attorneys' fees, to the extent caused by the negligence, recklessness or intentional
wrongful misconduct of Contractor, its agents, employees, or subcontractors during the
performance of the Agreement. The City shall use its best efforts to promptly notify the
Contractor in writing of any Claims and shall provide the Contractor with information
regarding the Claims as the Contractor may reasonably request, but the failure to give
such notice or provide such information shall not diminish the obligations of the
BID B05-15, GENERAL MOWING & LANDSCAPING TERM CONTRACT
3
Contractor under this Section. No Claims whatsoever shall be made or asserted against
the City by the Contractor for or on account of anything done or as a result of anything
done or omitted to be done in connection with this Agreement.
F. Correction of Work. The Contractor shall promptly correct all Work rejected by the City
as faulty, defective, or failing to conform to this Agreement whether observed before or
after substantial completion of the Work. The Contractor shall bear all costs of correcting
such rejected Work. In the event that Contractor fails to timely mow or otherwise
maintain a portion of the work, then the City, at its sole discretion and without waiving
any other rights or remedies under this Agreement, may deduct from any amounts due
under this Agreement, the actual cost paid by the City to a third party to perform the
work. If the City performs such work with its own personnel then the City may deduct
from any amounts due under this Agreement such amount equal to what the Contractor
would have charged for doing the work, plus 15% of such amount.
G. Right to Audit Records. The City shall be entitled to audit the books and records of the
Contractor or any sub-contractor to the extent that such books and records relate to the
performance of this Agreement or any sub-contract to this Agreement. Such books and
records shall be maintained by the Contractor for a period of three (3) years from the date
of final payment under this Agreement and by the sub-contractor for a period of three (3)
years from the date of final payment under the sub-contract unless a shorter period is
otherwise authorized in writing.
H. Information. All information, data, designs, plans, drawings, and specifications furnished
to or developed for the City by the Contractor or its employees, pursuant to this
Agreement, shall be the sole property of the City and all rights therein are reserved by the
City, except that the Contractor may disclose any such information to its corporate
affiliates and their agents.
1. Safety Measures. The Contractor shall take all necessary precautions for the safety of the
City's and Contractor's employees and the general public and shall erect and properly
maintain at all times all necessary vehicular and facility safeguards for the protection of
the workers and public. If necessary, the Contractor shall post signs warning against
hazards in and around the work site.
J. Extra Work. The City, without invalidating this Agreement, may order changes in the
Work within the general scope of this Agreement consisting of additions, deletions, or
other revisions, the Agreement price and time being adjusted accordingly. All such
changes in the Work shall be authorized by a written Addendum to this Agreement, and
shall be executed under the applicable conditions of the Agreement.
K. Price Adjustments. For the second and third one (1) year terms of this Agreement, the
contract prices will be automatically adjusted up 3% upon each renewal. If the
Contractor proposes to make a price adjustment higher than 3%, the Contractor shall first
give the City written notice thereof, with explanations stated for the price adjustment, and
such notice shall be given at least one hundred-twenty (120) calendar days prior to the
one (1) year term for which the price adjustment is sought. Nothing contained herein
shall affect the City's right to terminate this Agreement for Convenience as provided
herein.
BID B05-15, GENERAL MOWING & LANDSCAPING TERM CONTRACT
4
L. Familiarity With The Work. The Contractor by executing this Agreement, acknowledges
full understanding of the extent and character of the Work required and the conditions
surrounding the performance thereof. The City will not be responsible for any alleged
misunderstanding of the Work to be furnished or completed, or any misunderstanding of
conditions surrounding the performance thereof. It is understood that the execution of
this Agreement by the Contractor serves as the Contractor's stated commitment to fulfill
all the conditions referred to in this Agreement.
Section 6. Miscellaneous Provisions.
A. The Contractor shall not employ subcontractors without the advance written permission of
the City.
B. Assignment of this Agreement shall not be made without the advance written consent of the
City.
C. The Contractor shall comply with all applicable federal, state and local laws, ordinances,
rules and regulations pertaining to the performance of Work under this Agreement.
D. No waiver, alterations, consent or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by the City.
E. The Contractor is to procure all permits, licenses, and certificates, or any such approvals of
plans or specifications as may be required by federal, state and local laws, ordinances, rules, and
regulations, for the proper execution and completion of the Work under this Agreement.
F. The Contractor shall at all times, keep the Work area free from accumulation of waste
materials or rubbish caused by its operations, and promptly remove any such materials to an
approved disposal location.
G. The Contractor is responsible for all damage or loss by fire, theft or otherwise, to materials,
tools, equipment, and consumables, left on City property by the Contractor.
H. This Agreement is considered a non-exclusive Agreement between the parties.
1. This Agreement is deemed to be under and shall be governed by, and construed according to,
the laws of the State of Florida.
J. Any litigation arising out of this Agreement shall be had in the Courts of Orange County,
Florida.
K. The undersigned hereby certify that this Agreement is made without prior understanding,
agreement or connection with any corporation, firm or person who submitted bids for the Work
covered by this Agreement and is in all respects fair and without collusion or fraud. As to
Contractor, the undersigned hereby warrants and certifies that it is authorized to enter into this
Agreement and to execute same on behalf of the Contractor as the act of the said Contractor.
L. This Agreement, including Exhibit "A" and Exhibit "B", contains all the terms and conditions
agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter
of this Agreement shall be deemed to exist or to bind either party hereto.
BID B05-15, GENERAL MOWING & LANDSCAPING TERM CONTRACT
5
IN WITNESS WHEREOF, Contractor and the City have caused this Agreement to be executed
by their duly authorized officers as of the day and year first above written.
Print Name:
CONTRACTOR:
Valley Crest Landscape Maintenance
, a Florida
corporation
By:
Name:
Title:
(SEAL)
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 2006
by as of , a
Florida corporation, on behalf of the corporation. He/she 0 is personally known to me, or D has
produced as identification.
Signature of Notary Public - State of Florida
Name of Notary (Print, Type, or Stamp)
Commission Number (if not legible on seal):.
My Commission Expires (if not legible on seal):_
BID B05-15, GENERAL MOWING & LANDSCAPING TERM CONTRACT
6
CITY:
CITY OF OCOEE,
a Florida municipal corporation
By:
S. Scott Vandergrift, Mayor
Attest:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of
, 2006.
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON N/A
UNDER AGENDA ITEM NO. NIA
FOLEY & LARDNER, LLP
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared S. Scott Vandergrift and Jean Grafton
well known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida
municipal corporation, and that they severally acknowledged executing the same in the presence of two
subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality.
They are personally known to me.
WITNESS my hand and official seal in the County and State last aforesaid this _day of
,2006.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
BID B05-15, GENERAL MOWING & LANDSCAPING TERM CONTRACT
7
Exhibit A
1 Fire Station 1 Fire Landscape $984 $11 ,808 Valley Crest
2 Fire Station 2 Fire Landscape $464 $5,568 Valley Crest
3 Fire Station 3 Fire Landscape $437 $5,244 Valley Crest
77 City Hall Complex-City Hall, Parks Landscape $3,498 $41,976 Valley Crest
Police station, Community Center,
Maguire House, Water Park, Starke
Lake Park
78 Ocoee Cemetery Parks Landscape $1,968 $23,616 Valley Crest
80 Clarke Road Medians, SR 50 to SR Parks Landscape $3,717 $44,604 Valley Crest
438
81 Ma uire Road Medians from Parks Landsca e $2 185 $26 220 Valle Crest
82 Silver Star Road Medians, Clarke Parks Landscape $1,312 $15,744 Valley Crest
Road east to City limit
97 Ocoee Crown Point Medians Public Works Landscape $1,530 $18,360 Valley Crest
98 Old Winter Garden Road Public Works Landscape $1,499 $17,988 Valley Crest
$17,594 $211,128
BID B05-15, GENERAL MOWING & LANDSCAPING TERM CONTRACT
8
(r
Va II eyCrest
Landscape Maintenance
August 22, 2006
PROPOSAL FOR
LANDSCAPE MANAGEMENT SERVICES
for
City ofOcoee (Per Attached Spreadsheet)
C/O City of Ocoee
150 N. Lakeshore Drive
Ocoee, Florida 34761
Attention; Tonya A. Elliott, Assistant Director of Public Works
4777 Old Winter Garden Road
Orlando, Florida 32811
tel: 407.292.9600
fax: 407.291.4966
www.valleycrest.coln
We appreciate the opportunity to propose to you how ValleyCrest Landscape Maintenance, Inc.,
can help you enhance the quality of your landscape. Our team is committed to integrating the specific
landscape needs of your property with your service expectations and budget considerations. Giving
careful consideration to the individuality of each landscape, ValleyCrest Landscape Maintenance, Inc.,
provides competitive pricing which may include landscape maintenance, irrigation, tree care, and seasonal
color programs. Our Proposal includes Scope of Work, Practical Specifications for Landscape
Management and General Terms and Conditions.
An effective landscape management program is sustainable and provides value. We are confident
that your property would benefit greatly from our efforts to create beauty in the appearance of your
landscape while our operational efficiencies create value to your budget.
We hereby propose the following for your review:
Exterior Landscape Manal!ement
Client's
Initials
Service
Price Per Year
Price Per Month
Base Mana ement Price
Sales Tax
Total Base Mana ement Price
$15g,3eQ.OQ
$2-l~0
~
~
7...1\
$11 ,n 8.89'
Additional Services
Client's Category Service Frequencies Service Price Sales Tax Total Price
Initials Per Year Per Per Year
Occurrence
J
Page 1 of8
Landscape De\ clopment Landscape Malntcnance Calf Course Ma11ltenance 1 Iec Company
~TOW
Billing for additional services will be included in your monthly maintenance invoice.
Extra Services Included in the Base Contract
Additional scope of services that have been included in the base management price include the following:
Disease, Pest & Fertilization is included in base maintenance per the properties noted on the attached
spread sheet..
Monthly Irrigation Inspections and Adjustments included in base maintenance per the properties noted on
the attached spreadsheet.
ValleyCrest Landscape Maintenance, Inc., agrees to furnish all Horticultural Supervision, Labor,
Equipment, Materials and Transportation, as described hereinabove, necessary to maintain the landscape
per the above and per the attached Practical Specifications for Contract Landscape Management and the
General Terms and Conditions.
This proposal is withdrawn unless executed and received within 30 days of the date ofthis document.
Period of Service Ae:reement
This agreement shall be in effect for the period stated: w'ZII04o to ~'&rlOl. Unless terminated pursuant to
Article IV of the General Conditions, at the expiration of the initial term, this Agreement shall be
automatically extended on a month-to-month basis.
You should receive your first invoice within 30 days of our service commencement date, and can expect to
receive them montWy thereafter by the lOth of each month. All billings are due and payable 15 days
following the date of the invoice. Owner/Client agrees to pay any and all cost incurred by ValleyCrest
Landscape Maintenance, Inc., in the collection of the same.
If our proposal meets with your approval, please initial the services in the block provided for each item
selected indicating that you are authorizing that service and sign both originals below. Return one fully
executed original to our office, and retain the second original for your files. This proposal, including the
attached Practical Specifications and the General Terms and Conditions, together are the Service
Agreement.
Again, thank you for the opportunity to submit this proposal. We look forward to serving as your
landscape management professionals.
Sin~_
Susan Chapman
Business Developer
ValleyCrest Landscape Maintenance, Inc.
Client
Approval:
Date:
Page 2 of8
(,
Printed Name:
Contractor
VCM Branch Manager
Title:
Date:
Page 30[8
~CTICAL SPECIFlCATIONS FOR CONTRACT LANDSCAPE MANAGEMENT
I. Scope of Work:
Contractor shall furnish all horticultural supervision, labor, material, equipment and transportation
required to maintain the landscape throughout the contract period, as specified herein.
The scope of our services shall be based exclusively on those items approved and initialed on Page
One (1) of our Proposal document.
II. Lawn Care:
A. Mowinf! and Edging:
Lawns shall be mowed more frequently during the active growing season and as needed
during other seasons. During extended rainy or dry periods mowing will take place as
conditions dictate. Mowing height will be based on what is horticulturally correct for the turf
variety taking into account the season.
Clippings shall not be caught and removed from lawn area unless they are lying in swaths
which may damage the lawn.
Edges shall be trimmed to maintain a neat appearance.
B. Fertilization:
Lawns shall be fertilized as warranted with a commercial fertilizer. The number of
applications will be dependent on the type of nitrogen used and the type of turfgrass.
C. Fungicide:
Apply recommended, legally approved fungicides to control disease-causing damage when
necessary.
D. Pesticide:
Apply recommended, legally approved pesticides to control disease-causing damage when
necessary.
E. Weed Control:
Pre-emerge: This type of control should be used only if a known weed problem warrants its
use.
Post-emerge: Control broad1eafweeds with selective herbicides.
The chosen chemical will be recommended and legally approved for the specific weed
problem.
III. Ground Cover Areal Shrub Areas:
A. Edf!ing:
Edge ground cover as needed to keep within bounds and away from obstacles.
B. Pruning:
Shrubs shall be pruned only as necessary to maintain the natural form of the plant, to maintain
growth within space limitations, and to eliminate damage or diseased wood. This excludes
pruning necessitated by storm damage, disease, neglected overgrowth or winterkill.
Page 4 of8
Q
Weed Control:
Keep beds reasonably free of broad leaf or grassy weeds, preferably with pre-emergent and/or
selective post-emergent/contact herbicides. Cultivating or hoeing weeds is not a
recommended practice.
Pre-emerge: This type of control should be used only if a known weed problem warrants its
use.
Post-emerge: Control broadleafweeds with selective herbicides.
The chosen chemical will be recommended and legally approved for the specific weed
problem. '
D. Fertilization:
Apply fertilizer as warranted. The number of applications will be dependent on the type of
nitrogen used and the type of plant material.
E. Fungicide:
Apply recommended, legally approved fungicides to control disease-causing damage to
ornamentals when necessary.
F. Pesticide:
Apply recommended, legally approved pesticides to control insects causing damage to
ornamentals when necessary.
IV. Slope Care (if applicable):
A. Edging:
Edge as needed to keep plant material within bounds and away from obstacles.
B. Weed Control:
Maintain slopes so they are reasonably free of weeds. Use recommended, legally approved
herbicides to control weed growth in open areas whenever possible, and if necessary. Avoid
soil cultivation to maintain pre-emergent herbicide effectiveness and root health.
Pre-emerge: This type of control should be used only if a known weed problem warrants its
use.
Post-emerge: Control broad1eafweeds with selective herbicides.
The chosen chemical will be recommended and legally approved for the specific weed
problem.
C. Fertilization:
Apply fertilizer as warranted. The number of applications will be dependent on the type of
nitrogen used and the type of plant material.
D. Fungicide:
Apply recommended, legally approved fungicides to control disease-causing damage to slope
area when necessary.
E. Pesticide:
Apply recommended, legally approved pesticides to control insects causing damage to slope
area when necessary.
Page 5 of8
A
v. -_ree Care:
A. Pruning:
Height limitation for tree pruning covered in the specification is 12 feet. On trees over 12 feet
in height only low-hanging branches that present a hazard to pedestrian or vehicular traffic
will be raised. Trees under 12 feet are scheduled to be pruned in the winter months except for
safety-related pruning, which will be done only if necessary. Evergreen trees under 12 feet
shall be thinned out and shaped only if necessary to minimize wind and storm damage.
B. Staking:
Stakes are to be inspected and adjusted or removed as necessary. When trees attain a trunk
caliper of 4" or substantial root development stability, removal will be discussed with client.
VI. Mulched Areas/ Granite Areas:
Mulched or decomposed granite areas will be inspected on our days of service. Weeds and grasses
shall be controlled with recommended, legally approved herbicides only if necessary. In those
areas with excessive mulch build up alternatives will be discussed with the client.
VII. Irrie:ation Svstem (if applicable):
Watering shall be scheduled with automatic controllers to supply quantities and frequencies
consistent with seasonal requirements of the plant materials in the landscape. In some
circumstances, water scheduling may be limited by local watering restrictions.
Where practical, watering shall be done at night or early morning if the system is automatic, unless
notified otherwise by the owner.
Any damages to the irrigation system caused by the Contractor while carrying out maintenance
operations shall be repaired without charge. Where practical, repairs shall be made within one
watering period.
Faulty equipment, vandalism or accidental damage caused by others shall be reported promptly to
owner. Cost of labor and material to perform repair is an extra and shall be paid for by the owner
upon authorization.
Whenever possible, owner's representative shall be instructed on how to turn off system in case of
emergency. Our office is to be advised at once or by next business day.
If the Contractor is required to make emergency repairs or adjustments other than regularly
scheduled visits, a minimum charge will apply.
VIII. Debris Cleanup:
All landscape areas shall be inspected on days of service and excess debris removed. Gardening
debris, generated from our work, shall be removed from paved areas on days of service. This
excludes leaf fall pickup from parking areas, sidewalks, pools, etc.
Page 60f8
(r
GENERAL TERMS AND CONDITIONS
I. Contractor's Responsibilitv:
The contractor shall recognize and perform in accordance with written terms, written specifications and
drawings only, contained or referred to herein.
Contractor reserves the right to renegotiate the contract when price or scope of work is affected by
changes to any local, state, or federal law, regulation or ordinance that goes into effect after the
Agreement is signed.
A. Workforce:
Contractor shall designate a qualified representative with experience in the services being provided.
The workforce is to be personab1y presentable at all times. All employees shall be competent and
qualified, and shall be U.S. citizens or legal residents, and authorized to work in the United States.
B. Materials:
All materials shall conform to bid specifications. Contractor will meet all Agricultural licensing and
reporting requirements.
C. Licenses and Permits:
Contractor to maintain a Landscape Contractor's license, if so required by State or 10ca11aw, and
will comply with all other license and permit requirements of the City, State and Federal
Governments, as well as all other requirements oflaw.
D. Taxes:
Contractor agrees to pay taxeS applicable to it's work under this contract, including sales tax on
material supplied where applicable.
E. Insurance:
Contractor agrees to provide General Liability Insurance, Automotive Liability Insurance, Worker's
Compensation Insurance, and any other insurance required by law or owner/client.
F. Liabilitv:
It is understood and agreed that the Contractor is not liable for any damage of any kind whatsoever
that is not caused by the negligence of the Contractor, it's agents or employees.
G. Subcontracts:
Contractor reserves the right to hire qualified subcontractors to perform specialized functions or
work requiring specialized equipment.
H. Invoicinf!:
Contractor will submit monthly service invoices for the amount set forth under the prices and terms
shown on page I of this Agreement. Any services rendered, that are in addition to or beyond the
scope of work required by this Agreement shall be separately billed.
Page 7 of8
A
.'wner's/Client's Responsibilitv:
A. Utilities:
All utilities shall be provided by the Owner/Client.
B. Access to Jobsite:
Owner/Client shall furnish access to all parts of jobsite where Contractor is to perform work as
required by this Agreement or other functions related thereto, during normal business hours and
other reasonable periods of time, and in the case of after hours emergencies.
C. Pavment:
Owner/Client shall review invoices submitted by Contractor and payment shall be due 15 days
following the date of the invoice and delinquent if not paid by that date. Contractor may cancel
Agreement by giving 7 days written notice for nonpayment, after the payment is delinquent.
D. Notice of Defect:
Owner/Client shall give Contractor at least 7 days written notice to correct any problem or defect
discovered in the performance of the work required under this Agreement. Contractor will not
accept any deduction or offset unless such written notice is given.
III. Other Terms:
II.
The Owner/Client and the Contractor respectively, bind themselves, their partners, successors, assignees
and legal representative to the other party with respect to all covenants of this Agreement. Neither the
Owner/Client nor the Contractor shall assign or transfer any interest in this Agreement without the
written consent of the other.
The parties agree that in the interest of economy, speed and insuring continued good relationships, any
questions arising out of the operation of this Agreement which the parties cannot resolve between
themselves shall be referred to binding arbitration under the rules of the American Arbitration
Association.
IV. Termination:
This agreement may be terminated by either party with or without cause, upon thirty (30) days written
notice to the other party. This agreement may be terminated by the Owner/Client for non-performance
by Contractor, upon thirty (30) days written notice. This agreement may be terminated by Contractor
for non-payment by Owner/Client, upon seven (7) days written notice as stated above. Either party
shall be entitled to cure any deficiencies of performance on payment within seven (7) days of being
notified of deficiency(s). Ifthe Owner/Client makes payment in full within seven (7) days of receipt of
the written notice, the grounds for termination shall be deemed cured. If Contractor corrects the
deficiency identified in the written notice within seven (7) days of receipt of the notice, or if the
deficiency is of such a nature that it cannot reasonably be corrected within seven (7) days and the
Contractor commences a good faith effort to correct the deficiency within seven (7) days of receipt of
notice, the grounds for the termination shall be deemed cured.
For the convenience of Owner/Client only, the monthly charge under this contract is an average of the
total charge for all work to be performed under the contract divided by the number of calendar months
included in the payment period of the contract. In the event this contract is terminated early by either
party, the Contractor shall be entitled to recover his unrecovered costs incurred through the date of
termination, including a reasonable amount of overhead and profit, and any amount in excess of the
monthly charges paid by the Client through the date of termination. This is because substantial portions
of the work for the year, may be performed in the early months of each year of the contract including
potentially significant mobilization costs in start-up and the cost of the work will not be fully recovered
by the Contractor until all monthly payments under the contract have been received.
End
Page 80f8
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