2010-27303 Reso
RESOLUTION NO. 2010-27303
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A MANAGEMENT AGREEMENT, FOR
MAINTENANCE OF THE IMPROVEMENTS (AS SAID TERM IS DEFINED IN
THE DEVELOPMENT AGREEMENT) TO THE 1100 BLOCK OF LINCOLN
ROAD, AS PROVIDED IN THE DEVELOPMENT AGREEMENT BETWEEN
THE CITY AND UTA MANAGEMENT, DATED APRIL 11, 2007; WITH
FUNDING FOR THE FIRST YEAR (FY 2009/10), IN THE AMOUNT OF
$118,577, TO BE APPROPRIATED FROM PREVIOUSLY APPROPRIATED
FY2009/10 RDA CAPITAL MAINTENANCE BUDGET.
WHEREAS, on March 14, 2007, the Mayor and City Commission adopted Resolution No.
2007-26494, approving a Development Agreement between the City and UTA Management
(Manager), for the design, development, and construction of certain improvements to the 1100
Block of Lincoln Road; the project included the conversion of the 1100 block of Lincoln Road
from atwo-way vehicular street to a pedestrian mall with waterscape features and large
specimen trees; and
WHEREAS, as required pursuant to Section 52.6 of the Development Agreement, the City
and Manager shall enter into a Maintenance Agreement for the Improvements (as said term is
defined in the Development Agreement); and
WHEREAS, Manager's maintenance responsibilities include the maintenance, repair, and
replacement of the ponds, water features, plants and trees, lighting and electrical equipment,
mechanical systems, and natural stone pavement on the 1100 block of Lincoln Road, and on
the sidewalk improvements along Alton Road and Lenox Avenue, trash removal, sweeping and
cleaning; and
WHEREAS, the Manager will be responsible for meeting the Cleanliness Index standards
established by the City in the Management Agreement; and
WHEREAS, Manager will also be responsible for meeting the City's Grounds Maintenance
Service standards, as also provided in the Management Agreement; and
WHEREAS, the proposed annual maintenance fee and costs to cover the remainder of
Fiscal Year 2009/10 is $118,577.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve
and authorize the Mayor and City Clerk to execute a Management Agreement, for maintenance
of the improvements (as said term is defined in the Development Agreement) to the 1100 block
of Lincoln Road, as provided in the Development Agreement between the City and UTA
Management, dated April 11, 2007; with funding for the first year (FY 2009/10), in the amount of
$118,577, to be appropriated from previously appropriated FY2009/10 RDA Capital
Maintenance Budget.
PASSED AND ADOPTED this 13 day of ~`an. 2010.
ATTEST:
~/(. (•~
CITY CLERK
T:WGENDA\2010Wanuary 13\Consent\CMB-UTA Maintenance RESO.doc
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Ce
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Authorizing the City
Manager To Enter Into a Management Agreement in the amount of $118,577, for Maintenance of the 1100
Block of Lincoln Road with UTA Management, LLC (Manager), As Provided in Section 52-6 of the
Development Agreement Between the City of Miami Beach and UTA Management, Dated April 11, 2007.
Intended Outcome
Maintain Miami Beach Public Areas & Rights-of-Way Citywide
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Miami Beach Customer
Satisfaction Survey, 81 % of businesses and 82.7% of residents rated landscape maintenance in right-of-
wa and ublic areas as either excellent or ood.
Issue:
Shall the Ma or and Ci Commission a rove the Resolution?
Item Summa /Recommendation:
On April 11, 2007, the City and Manager entered into a Development Agreement with UTA Management,
LLC for the design, development, and construction of certain improvements to the 1100 Block of Lincoln
Road.
Section 52.6 of the Development Agreement provides that: (i) a comprehensive annual maintenance
program and schedule is being prepared by the Design Architects for City for successful future
maintenance of the "urban glade" features of the Project (as defined in the Development Agreement),
including ponds, water features, indigenous plants and trees and special lighting; (ii) such program and
schedule shall be approved by City staff and relevant City agencies; and (iii) Manager shall provide
oversight of such program and schedule as part of a separate agreement to be entered into with City. In
accordance with Section 52.6 of the Development Agreement the City and UTA Management, LLC desire
to enter into an agreement with UTA Management, LLC for the complete (sanitation, landscape, hardscape,
street lighting, and water features) maintenance of the 1100 block of Lincoln Road.
The annual amount of $158,102 proposed by Manager to completely maintain the 1100 block of Lincoln
Road compares favorably to the City estimated annual cost of $158,726.One of the advantages of having
UTA Management control the total maintenance effort of the 1100 block of Lincoln Road is that it will
provide a single manager for all services compared to multiple City departments/divisions providing these
services with different management structures and priorities. It should also be noted that currently the City
budgets $2.3 million to provide Sanitation, Greenspace Management, and Property Management services
on Lincoln Road from the 100 block to the 1000 block; this represents an annual maintenance cost per
block higher than the proposed annual amount. Therefore, the proposed annual amount of $158,102 is
considered to be fair and reasonable. The City will provide funding in the amount of $118,577 to fund nine
(9) months of maintenance services to the end of the current Fiscal Year.
ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION.
Adviso ° Board Recommendation:
~" N/A
Financial Information:
Source of Amount Account-
Fun s: ~ $118,577 168-1985-000342 RDA Capital Maintenance Budget
2 .
3
Total
Financial Im act Summa
Ci Clerk's Office Le islative Trackin
Fred Beckmann, Public Works Director ext. 6012
Sign-Offs:
-Department Direc r Assistant City` Hager City Manager
FHB JGG JMG
w~trvuH~uiuwanuary 13~consenflGMt3-UTA Maintenance SUMM.tl°C `/ / ~ U
V'I lM ~ ~ AG~NOA ITEM C 7T
DATE ~-~3 iv
m MIAMIBEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the Cit mmission
FROM: Jorge M. Gonzalez, City Manager
DATE: January 13, 2010
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO
ENTER INTO A MANAGEMENT AGREEMENT IN THE AMOUNT OF
.$118,577, FROM PREVIOUSLY APPROPRIATED FY2009/10 RDA
CAPITAL MAINTENANCE BUDGET FOR MAINTENANCE OF THE 1100
BLOCK OF LINCOLN ROAD .WITH UTA MANAGEMENT, LLC
(MANAGER), AS PROVIDED IN SECTION 52-6 OF THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND UTA
MANAGEMENT, DATED APRIL 11, 2007.
ADMINISTRATION RECOMMENDATION
The Administration recommends approval of the Resolution.
FUNDING
Previously appropriated as part of capital maintenance line item in the FY 2009/10 RDA Budget.
Since it is still early in the fiscal year, City Administration will be monitoring expenditures
throughout the year to determine if adjustments to the capital maintenance FY 2009/10 RDA
Budget will be required later in the fiscal year.
BACKGROUND
The City is the owner of the public right-of-way on Lincoln Road .between Lenox Avenue and
Alton Road, in Miami Beach, Florida, more particularly described in the attached Exhibit "A" of
the Agreement.
On December 6, 2006, the City Commission adopted Resolution No. 2006-26422, approving a
conceptual plan for the closure of Lincoln Road to vehicles between Lenox Avenue and' Alton
Road and construction of a pedestrian mall.
On March 14, .2007, the City Commission adopted Resolution No. 2007-26494, approving a
Development Agreement between the City and Manager, for the design, development, and
construction of certain improvements to the 1100 Block of Lincoln Road, in conjunction with the
project being developed by MBeach1, LLLP ("MBeach1"), an affiliate of Manager, at 1111
Lincoln Road, Miami Beach, Florida (the "MBeach1 Property").
On April 11, 2007, the City and Manager entered into a Development Agreement, recorded in
Official Records Book 25537, Page 1882 of the Public Records of Miami-Dade County, Florida
(the "Original Development Agreement").
Commission Memorandum- CMB - UTA Management Maintenance Agreement
.January 13, 2010
Page 2 of 5
On June 3, 2009, the City and Manager entered into a First Amendment to Development
Agreement, recorded in Official Records Book 26911, Page 3252 of the Public. Records of
Miami-Dade County, Florida (the "First Amendment", and together with the Original
Development Agreement, the "Development Agreement").
Section 52.6 of the Development Agreement provides that: (i) a comprehensive annual
maintenance program and .schedule is being prepared by the Design Architects for City for
successful future maintenance of the "urban glade" features of the Project (as defined in the
Development Agreement), including ponds, water features, indigenous plants and trees and
special lighting; (ii) such program and schedule shall be approved by City staff and relevant City
agencies; and (iii) Manager shall provide oversight of such program and schedule as part of a
separate agreement to be entered into with City.
ANALYSIS
In accordance with Section 52.6 of the Development Agreement, the City and Manager desire to
enter into this Agreement to set forth the terms and conditions of Manager's management and
oversight of the program and schedule for the Maintenance (as defined below) of the City
Property.
The Manager under the proposed Maintenance Agreement (attached as Exhibit "A") will perform
the following functions and services:
a. Each year during the Term (as defined below) of this Agreement, Manager will prepare a
comprehensive annual maintenance program and schedule for the Maintenance of the
City Property (the "Maintenance Program") and annual budget for the Maintenance of
the City Property (the "Budget"). "Maintenance" shall mean the maintenance, repair,
and replacement of the ponds, water features, plants and trees, lighting and electrical
equipment, mechanical systems, and natural stone pavement on the City Property, trash
removal, sweeping and cleaning. On or before February 1st of each year during the
Term of this Agreement, Manager shall submit the proposed Maintenance Program and
the Budget to the City's Contract Administrator (as defined below) for review and
approval. The Director of the Public Works Department of the City, or his designee,
shall be designated as the "Contract Administrator" for matters concerning this.
Agreement. The City agrees that a single person shall serve as Contract Administrator
under this Agreement and the City shall notify Manager of the person who shall serve as
Contract Administrator and of any changes in who serves as Contract Administrator.
The Contract Administrator shall review and approve or provide comments to the
Maintenance Program and the Budget on or before March 1St of each year. Manager
and the Contract Administrator shall use good faith and due diligence to have an
approved Maintenance Program and an approved Budget (the "Approved Budget") by
no later than September 30th of each year. In the event that the Maintenance Program
and the Budget have not been approved by the Contract Administrator on or before
December 31St for a particular year, the Maintenance Program and the Budget for the
immediately preceding year shall be used until such time as the Maintenance Program
and the Budget has been approved.
Manager will be responsible for meeting the Cleanliness Index standards established by the City
of Miami Beach as provided in Exhibit "C" of the Agreement. Manager will also be responsible
for meeting the City of Miami Beach Grounds Maintenance Service standards as provided in the
Exhibit "D" of the Agreement.
b. Manager shall conduct a competitive bidding process respecting the selection and
retention of all consultants and contractors involved in the Maintenance of the City
Commission Memorandum- CMB -UTA Management Maintenance Agreement
January 13, 2010
Page 3 of 5
Property (each, a "Contractor" and collectively, "Contractors") for the Maintenance of the
City Property. Manager shall obtain at least three qualified bids for each component of
the Maintenance of -the City Property work from licensed consultants and contractors.
Manager shall have the right to select a Contractor, so long as its bid is not more than
five percent (5%) above the lowest qualified bid for such work.
c. Upon selection of each Contractor, Manager will prepare and negotiate the terms and
conditions of the contracts. Each contract shall be prepared based on a form contract
that has been pre-approved by the Contract Administrator. Manager shall submit each
contract to the Contract Administrator for review and approval. The Contract
Administrator shall review and approve or provide comments to each contract within five
(5) days after its receipt of each such contract. Manager, in its capacity as manager of
the City Property, shall enter into the contracts with the Contractors.
d. Manager shall make recommendations regarding the establishment of, and shall assist
in the implementation of, a financial control and accounting system with respect to the
Maintenance Program.
e. Manager will monitor, oversee and supervise the Contractors performing the
Maintenance of the City Property to make sure the work is in compliance with the
Maintenance Program and with each Contractor's obligations under its respective
contract.
Manager has obtained the following competitive qualified bids for the scope of services listed in
the proposed maintenance agreement.
Sanitation Services
Contractor Pro osed Fee
Su erior $58,560
Main Gu $61,488
Lawn Lo is $61,380
Landsca in Services
Contractor Pro osed Fee
Su erior $25,684
Main Gu $27,140
Lawn Lo is $31,620
Water Features Services
Contractor Pro osed Fee
Ed ewater Exhibits $25,740
UTA Management selected the following companies to provide the required maintenance
services. Since the water features are of such specialized nature, UTA Management selected
Edgewater Exhibits, the builder of the water feature, to provide their maintenance.
Commission Memorandum- CMB -UTA Management Maintenance Agreement
January 13, 2010
Page 4 of 5
Annual 9 Months
Sanitation Services
Superior Landscaping and Lawn Services $58,560 $43,920
Landscaping Services
Superior Landscaping and Lawn Services $25,684 $19,263
Water Feature Services
Edgewater Exhibits $25,740 $19,305
TOTAL SERVICES $109,984 $82,488
UTA FEE (15%) $16,497.60 $12,373.20
TOTAL COST $126,481.60 $94,861.20
Contingency (25%) $31,620.40 $23,715.30
TOTAL including Contingency $158,102 $118,576:50
******Contracted Services do NOT INCLUDE
1) Sealer (every two to three years reseal stone)
Note: any contingency used will be marked up with the managers 15% fee
The City's Sanitation and Greenspace Management Divisions have provided their own cost
estimates of what they believe it would cost to perform the level of service specified in the
proposed maintenance agreement. Their estimates are provided below. Since the water feature
maintenance is a very specialized service, Property Management would have to contract for the.
service; therefore, for comparison purposes, we have entered the amount provided by the UTA
Management contractor selected.
City Providers .Estimated Costs
Sanitation $66,641
Greenspace Management $34,600
Property Management $25,740
Subtotal $126, 981
Contingency (25%) $31,745
TOTAL $158,726
The annual amount of $158,102 proposed by Manager to completely maintain the 1100 block of
Lincoln Road compares favorably to the City estimated annual cost of $158,726. One of the
advantages of having UTA Management control the total maintenance effort of the 1100 block of
Lincoln Road is that it will provide a single manager for all services compared to multiple City
departments/divisions providing these services with different management structures and
priorities. It should also be noted that currently the City budgets $2.3 million to provide
Sanitation, Greenspace Management, and Property Management services on Lincoln Road
from the 100 block to the 1000 block; this represents an annual maintenance cost per block
Commission Memorandum- CMB -UTA Management Maintenance Agreement
January 13, 2010
Page 5 of 5
higher than the proposed annual amount. Therefore, the proposed annual amount of $158,102
is considered to be fair and reasonable. It should be noted that the final amount is yet to be
negotiated by the Manager. The City will evaluate performance on the contract on a monthly
basis and will have Manager participate in the quarterly Cleanliness Index management
meetings.
The City will provide funding in the amount of $118,577 to fund for nine (9) .months of
maintenance services to the end of the current Fiscal Year.
Under the terms of the Agreement, the City and the Manager by mutual agreement can expand
the type of services encompassed under the Agreement to other sections of Lincoln Road and
future Lincoln Park.
The Agreement which has been reviewed by the City Attorney's Office and the City
Administration contains other elements such as Manager's Responsibilities, Operating Accounts
and Payment of Expenses, Indemnification, City's Responsibilities, Payment of Expenses,
Furnishings Information, Cooperation, Term, Default, Termination, Representations .and
Warranties by the City, Representations and Warranties by Manager, Assignment, Successor
and Assigns, Notice, Insurance, Partial Invalidity, No Joint Venture, Governing Law,
Enforcement, Entire Agreement,. Amendments, No Waiver, Waiver of Jury Trial, Survival,
Exculpation of Manager and Counterparts; Facsimile.
CONCLUSION
The Administration recommends authorizing the City Manager to enter into a maintenance
agreement in the amount of $118,577, for the 1100 block of Lincoln Road with UTA
Management, as provided in section 52-6 of the Development Agreement between the City of
Miami Beach and UTA Management, dated April 11, 2007.
Exhibits:
A. Maintenance Agreement
JMG/JGG/FHB
T:WGENDA12010Wanuary 13\Consent\CMB-UTA Maintenance Agreement MEMO.DOC
~0~0 - Z73o3
MANAGEMENT AGREEMENT FOR MAINTENANCE
OF 1100 BLOCK OF LINCOLN ROAD
THIS MANAGEMENT AGREEMENT FOR MAINTENANCE OF~1~0 BLOCK OF
LINCOLN ROAD (this "Agreement") is made and entered into as of the y cry of January;
2010, by and between the CITY OF MIAMI BEACH, FLORIDA, a mumcipal corporation of the
State of Florida (the "City"), and UTA MANAGEMENT, LLC, a Delaware limited liability
company ("Manager").
RECITALS:
A. The City is the owner of certain land located on Lincoln Road between Lenox
Avenue and Alton Road, in Miami Beach, Florida, more particularly described in the attached
Exhibit "A" (the "City Property").
B. On December 6, 2006, the City Commission adopted Resolution No. 2006-26422,
approving a conceptual plan for the closure of Lincoln Road to vehicles between Lenox Avenue
and Alton Road and construction of a pedestrian mall.
C. On March 14, 2007, the City Commission adopted Resolution No. 2007-26494,
approving a Development Agreement between the City and Manager, for the design,
development, and construction of certain improvements to the 1100 Block of Lincoln Road, in
conjunction with the project being developed by MBeachl, LLLP ("MBeachl "), an affiliate of
Manager, at 1111 Lincoln Road, Miami Beach, Florida (the "MBeachl Property").
D. On April 11, 2007, the City and Manager entered into a Development Agreement,
recorded in Official Records Book 25537, Page 1882 of the Public Records of Miami-Dade
County, Florida (the "Original Development Agreement").
E. On June 3, 2009, the City and Manager entered into a First Amendment to
Development Agreement, recorded in Official Records Book 26911, Page 3252 of the Public
Records of Miami-Dade County, Florida (the "First Amendment", and together with the Original
Development Agreement, the "Development Agreement").
F. Section 52.6 of the Development Agreement provides that: (i) a comprehensive
annual maintenance program and schedule is being prepared by the Design Architects for City
for successful future mainten~rlce of the "urban glade" features of the Project (as defined in the
Development Agreement), including ponds, water features, indigenous plants and trees and
special lighting; (ii) such program and schedule shall be approved by City staff and relevant City
agencies; and (iii) Manager shall provide oversight of such program and schedule as part of a
separate agreement to be entered into with City.
G. In accordance with Section 52.6 of the Development Agreement, the City and
Manager desire to enter into this Agreement to set forth the terms and conditions of Manager's
management and oversight of the program and schedule for the Maintenance (as defined below)
of the City Property:
1
MIAMI 1987129.6 7713726901
NOW, THEREFORE, for and in consideration of the premises and the mutual covenants
and agreements contained herein, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Recitals. The above recitals are true and correct and incorporated herein by
reference.
2. Retention. The City hereby retains Manager, and Manager hereby agrees to
provide management and oversight of the program and schedule for the Maintenance of the City
Property for the City, on the terms and conditions provided in this Agreement. Manager shall
use its reasonable efforts, skill, judgment and abilities in the discharge of its duties under this
Agreement.
3. Services to be Performed by Manager. Manager agrees to perform the following
functions and services with respect to the program and schedule for the Maintenance of the City
. Property (collectively, the "Services"):
(a) Each year during the Term (as defined below) of this Agreement, Manager
will prepare a comprehensive annual maintenance program and schedule for the Maintenance of
the City Property (the "Maintenance Program") and annual budget (the "Budget") for the
Maintenance of the City Property for the City's fiscal year from October 1St through September
30th ("Fiscal Year"). "Maintenance" shall mean the maintenance, repair and replacement of the
ponds, water features, plants and trees, lighting and electrical equipment, mechanical systems
and natural stone payment on the City Property (collectively, the "Improvements"), trash
removal, sweeping and cleaning. The Budget shall include all out-of-pocket expenses Manager
expects to incur in connection with the performance of the Services under this Agreement,
including, without limitation, liability insurance and legal fees and costs ("Manager's Expenses").
On or before February 1St of each Fiscal Year during the Term of this Agreement, Manager shall
submit the proposed Maintenance Program and the Budget to the City's Contract Administrator
(as defined below) for review and approval. The Director of the Public Works Department of the
City, or his designee, shall be designated as the "Contract Administrator" for matters concerning
this Agreement. The City agrees that a single person shall serve as Contract Administrator under
this Agreement and the City shall notify Manager of the person who shall serve as Contract
Administrator and of any changes in who serves as Contract Administrator. The Contract
Administrator shall review and approve or provide comments to the Maintenance Program and
the Budget on or before March 1St of each Fiscal Year. Manager and the Contract Administrator
shall use good faith and due diligence to have an approved Maintenance Program and an
approved Budget (the "Approved Budget") by no later than September 30th of each Fiscal Year.
In the event that the Maintenance Program and the Budget have not been approved by the
Contract Administrator on or before September 30th for a particular Fiscal Year, the
Maintenance Program and the Budget for the immediately preceding Fiscal Year shall be used
until such time as the Maintenance Program and the Budget has been approved. The Approved
Budget for the balance of the 2010 Fiscal Year is attached as Exhibit "B".
(b) Manager shall conduct a competitive bidding process respecting the
selection and retention of all consultants and contractors involved in the Maintenance of the City
Property (each, a "Contractor" and collectively, "Contractors") for the Maintenance of the City.
2
MIf1MI 1987129.6 7713726901
Property. Manager shall obtain at least three qualified bids for each component of the
Maintenance of the City Property work from licensed consultants and contractors. Manager shall
have the right to select a Contractor, so long as its bid is not more than five percent (5%) above
the lowest qualified bid for such work.
(c) Upon selection of each Contractor, Manager will prepare and negotiate the
terms and conditions of the contracts. Each contract shall be prepared based on a form contract
that has been preapproved by the Contract Administrator. Manager shall submit each contract to
the Contract Administrator for review and approval. The Contract Administrator shall review
and approve or provide comments to each contract within fifteen (15) days after its receipt of
each such contract. Manager, in its capacity as manager of the City Property; shall enter into the
contracts with the Contractors.
(d) Manager shall make recommendations regarding the establishment of, and
shall assist in the implementation of, a financial control and accounting system with respect to
the Maintenance Program.
(e) Manager will monitor, oversee and supervise the Contractors performing
the Maintenance of the City Property to make sure the work is in compliance with the
Maintenance Program and with each Contractor's obligations under its respective contract.
(fj Manager will be responsible for the Maintenance Program meeting the
Cleanliness Index standards established by the City of Miami Beach, which are set forth in the
attached Exhibit "C".
(g) Manager will be responsible for the Maintenance Program meeting the
City of Miami Beach Grounds Maintenance Service standards, which are set forth in the attached
Exhibit "D".
4. Manager's Responsibilities. The liability and responsibility of Manager for a
default by it under the terms of this Agreement will be limited to the actual damages incurred by
the City, its officers, directors, agents, and employees resulting from Manager's material breach
under this Agreement (after expiration of any applicable notice and cure period) or Manager's
willful misconduct or gross negligence. Notwithstanding anything to the contrary herein,
Manager shall not be responsible or liable for. the performance or lack of performance of any
other person or entity whatsoever, including without limitation, the Contractors, and Manager
shall not be responsible or liable for payment of any Maintenance costs in excess of the budgeted
amounts, the completion of the Maintenance of the City Property on time or in budget or any
other matters whatsoever that involve the performance of third parties. In no event will Manager
be liable or responsible for consequential, incidental or punitive damages. It is understood that
the responsibility for compliance with laws in connection with the Maintenance of the City
Property shall be the responsibility of the Contractors, and not Manager. Except as expressly set
forth in this Agreement, Manager has made no representation whatsoever to the City with respect
to the Maintenance Program. Since Manager is responsible for the Maintenance of the City
Property, the City agrees that, during the Term of this Agreement, the City shall not allow the.
use of the City Property, other than by members of the general public (for public purposes
consistent with the public's use of the rest of Lincoln Road Mall), without prior written notice to
3
MIAMI 1987129.6 7713726901
and coordination with Manager. In addition to use by the general public for public purposes, the
aforestated restriction on the use of the City Property (or any portion thereof) shall also not apply
to public or third party uses in conjunction .with the following: (a) any City issued and/or
approved sidewalk cafe permit, film and print permit or artist vendor and/or. street performer
permit; (b) any City and/or City sponsored special event; or (c) any exercise of constitutionally
protected First Amendment rights of free speech and/or assembly. The City or third parties who
use the City Property for such public or third party uses shall be responsible for paying for all
costs and expenses in connection with such use of the City Property.
5. Payment of Expenses. Manager shall submit applications for payment for the
Maintenance work and Manager's Expenses at intervals of not more than once a month. Each
application for payment shall be submitted by Manager to the Contract Administrator on or
before the tenth (10th) day of each month during the Term. The Contract Administrator shall
have ten (10) days after it is presented with an application for payment to review and approve
same or state in writing its reasons for non-approval. 'T'he City shall pay approved applications
for payment within thirty (30) days after the submittal of each application for payment to the
Contract Administrator. With each application for payment, Manager shall submit invoices from
all Contractors included within such application for payment. When Manager receives payment
from the City on approved applications for payment, Manager shall remit payment to the
applicable Contractor(s) within ten (10) days thereafter. Notwithstanding ,anything contained in
this Agreement, once a payment on an application for payment has been made by the City to
Manager, City shall have no liability and/or other obligation to Contractors (or any other third
parties) with regard to such payment.
6. Fees. The City shall pay Manager for its Services in managing and overseeing the
Maintenance Program, a monthly fee in the amount of fifteen percent (15%) of the total costs
reflected in each approved application for payment (the "Fees"). Each application for payment
shall show the total costs for the Maintenance of the City Property incurred during the time
period covered by such application for payment and the Fees due to Manager. The City shall pay
the Fees due Manager, together with the payment of each approved application for payment,
within the time provided in Section 5 above.
7. Indemnification. All contracts entered into by the City with Contractors
performing Maintenance of the City Property shall provide that such Contractors indemnify and
hold harmless-and agree to defend Manager and the City from any and all actions, causes of
action, claims, liabilities, demands, losses and expenses of any kind whatsoever for damage to
property or injury to or death of persons, including, without limitation, reasonable attorneys' fees
and court costs at trial and all appellate levels, which may be filed or made against Manager
and/or the City, and their respective officers, directors, partners, agents, affiliates, employees;
successors and/or assigns, as a result of the actions or inactions of such Contractors in connection
with the Maintenance of the City Property performed or required to be performed by such
Contractors, except to the extent such claims result from Manager's and/or the City's gross
negligence or willful misconduct.
8. Cooperation. Should any claims, demands, suits or other legal proceedings be
made or instituted by any person against the City or Manager which arise out of the matters
MIAMI 1987129.6 7713726901
4
relating to this Agreement, Manager or the City shall provide the other party all pertinent
information and reasonable assistance, in the defense or other disposition thereof.
9. Term. This Agreement shall commence on Final Completion of the Work and
continue until the date that is ten (10) years following the date thereof (the "Term"); unless
terminated sooner in accordance with the terms of this Agreement.
10. Default.
(a) If Manager breaches its obligations as specified herein (and same are not
waived in writing by the .City), then the City shall give Manager written notice specifying ,the
nature of the default and Manager shall have thirty (30) days after receipt of such notice within
which to cure the specified default; provided, however, if the nature of such default is such that
the same cannot reasonably be cured within such thirty (30) day period, Manager shall not be
deemed to be in default if Manager shall, within such period, commence such cure and thereafter.
diligently prosecute the same to completion; provided further, however, that the maximum cure
period for any default hereunder shall not exceed ninety (90) days from the date of the initial
written notice of default from the City to Manager. If the default is not cured within the
applicable cure period, or if Manager becomes the subject of any bankruptcy or insolvency
proceeding, then the City may, on written notice to Manager, terminate this Agreement.
(b) If the City breaches its obligations as specified herein (and same are not
waived in writing by Manager), then Manager shall give the City written notice specifying the
nature of the default and the City shall have ten (10) days after receipt of such notice, in the case
of a monetary default, or thirty (30) days after receipt of such notice, in the case of a non-
monetary default, within which to cure the specified default; provided, however, if the nature of
such default is such that the same cannot reasonably be cured within such thirty (30) day period,
the City shall not be deemed to be in default if the City shall, within such period, commence such
cure and. thereafter diligently prosecute the same to completion; provided further, however, that
the maximum cure period for any default hereunder shall not exceed ninety (90) days from the
date of the initial written notice of default from Manager to the City. If the default is not cured
within the applicable cure period, then Manager may, on written notice to the City, terminate this
Agreement.
11. Termination. Manager shall have the .right to terminate this Agreement for
convenience at any time upon sixty (60) days' prior written notice to the City. The City shall
have the right to terminate this Agreement for convenience at any time upon ninety (90) days'
prior written notice to Manager. Manager shall have the right to bill the City for any
documented termination expenses that may be incurred as a result of the City's termination
action. In the event MBeachl sells the MBeachl Property, either Manager or the City shall have
the right to terminate this Agreement upon thirty (30) days' prior written notice to the non-
terminating party. Upon termination of this Agreement, Manager shall cooperate with any
successor management company and/or the City in order to accomplish an orderly turnover of
the Maintenance Program to such successor management company and/or the City.
12. Representations and Warranties by the City. The City represents and warrants to
Manager that (a) the City has all necessary power to execute and deliver this Agreement and
5
MIAMI 1987129.6 7713726901
perform all its obligations .hereunder, (b) this Agreement has been duly authorized by all
requisite action on the part of the City and is a.valid and legally binding obligation of the City
enforceable in accordance with its terms, and (c) neither the execution and delivery of this
Agreement by the City nor the performance of its obligations hereunder will result in the
violation of any law, rules or regulations or any other agreement to which the City is a party or is
otherwise bound.
13. Representations and Warranties by Manager. Manager represents and warrants to .
the City that (a) Manager is a limited liability company duly organized, validly existing and in
good standing under the laws of the State of Delaware, is authorized to transact business under
the laws of the State of Florida and has all necessary power to execute and deliver this
Agreement and perform all its obligations hereunder, (b) this Agreement has been duly
authorized by all requisite action on the part of Manager and is a valid and legally binding
obligation of °Manager enforceable in accordance with the terms, and (c) neither the execution
and delivery of this Agreement by Manager nor the performance of its obligations hereunder will
result in the violation of any provision of its articles of incorporation or any other organizational
or governing document as amended to date, or will conflict with (i) any law or any order or
decree of any court or governmental instrumentality having jurisdiction or (ii) any other
agreement to which Manager is a party or is otherwise bound.
14. Assig_ ent. This Agreement and all rights hereunder, shall not be assignable by
either Manager or the City without prior written consent of the other, except that Manager shall
be permitted to assign this Agreement to an entity controlling, controlled by or under common
control with Manager.
15. Successors and Assigns. This Agreement shall inure to the benefit of, and be
binding upon, the parties hereto and their respective successors and assigns.
16. Notice. All notices, demands, requests, consents and approvals which may, or are
required to, be given by any party to any other party thereunder shall be in writing and either (a)
personally delivered, (b) transmitted by fax, (c) sent by United States mail, registered or
certified, postage prepaid, return receipt requested, or (d) sent by a nationally recognized
overnight delivery service, freight prepaid, return receipt requested, and addressed as follows,
and shall be deemed given upon receipt if delivered personally, upon the sending machine
printing a confirmation of transmission, if transmitted by fax, or upon the date of delivery (or
refusal to accept delivery) on a business day (or the next succeeding business day, if not
delivered on a business day), as evidenced by the return receipt if sent pursuant to subsection (c)
or (d) above, at the address specified below, or to such other addresses as either party may from
time to time designate in writing and delivery in a like manner. Notice given by an attorney for
either party shall be deemed as effective notice given by such party.
The City: City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Manager
Fax: (305) 673-7782
6
MIAMI 1987129.6 7713726901
With a copy to:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Attorney
Fax: (305) 673-7002
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Fred Beckmann, Public Works Director
Fax: (305) 673-7028
Manager: UTA Management, LLC
l 111 Lincoln Road, Suite 760
Miami Beach, Florida 33139
Attn: Robert S. Wennett
Fax: 305-531-4409
17. Insurance.
(a) City Election to Self-Insure. The City has elected to self-insure the City
Property against physical damage and against liability for loss, damage or injury to property or
persons that might occur on the City Property or to the Improvements located on the City
Property. The City shall be responsible for paying for the cost of repairing any damage to the
Improvements located on the City Property; provided, however, that in the event that the City
Manager, in his sole and reasonable discretion, determines that there are insufficient (or no)
funds to repair the City Property and/or the Improvements to their existing condition
immediately prior to the occurrence or event which caused the damage, then the City shall only
be obligated to initiate such repairs to the extent that funding is available and identified and, even
then, the City's priority in making such repairs (before any aesthetic consideration) shall first be
to assure that neither the damaged portion(s) of the City Property nor the Improvements pose a
serious threat to the public health, safety, or welfare: The City shall notify Manager within a
reasonable time following the occurrence or event of damage, the repairs to be made and the
proposed timeline for same; notwithstanding, the City shall have sole and absolute control over
the means, methods, and materials, as it deems necessary, to prosecute any repairs, and shall
have no liability to Manager as result of same (nor shall any City determination or decision in
prosecuting any repairs be deemed a City default under this Agreement). Manager shall not be
responsible or liable for making or paying for any such repairs, but any such repairs authorized
but the City shall be deemed part of the Maintenance covered under this Agreement for which
Manager shall provide the Services and be entitled to receive the Fees set forth in Sections 3 and
6, respectively, in this Agreement.
(b) Contractor's Insurance. Manager shall require that all Contractors
performing work on the Project maintain insurance coverage at the Contractor's expense, in the
7
MIAMI 1987129.6 7713726901
following minimum amount unless otherwise set forth in the construction contract between the
City and the Contractor:
(i) Workmen's Compensation - Statutory Amount;
(ii) Employer's Liability ($100,000 minimum);
(iii) Broad Form Commercial General Liability (naming the City and
Manager as additional insured): $1,000,000 per occurrence, combined single limit; $2,000,000
in the aggregate;
(iv) Auto Liability ($1,000,000 minimum); and
(v) Property Insurance: coverage for tools and equipment brought
onto or used on the City Property by the Contractors in an amount equal to replacement costs of
all tools and equipment.
All insurance policies required to be maintained by Contractors pursuant to this section shall
have the City and Manager listed in such policies as additional insureds. Each policy shall be
primary and non-contributory and shall contain an endorsement requiring thirty (30) days written
notice from the insurance company to the City and Manager before cancellation or any change in
the coverage, scope or amount of any policy. Renewal certificates or copies of renewal policies
shall be delivered by the Contractors to the City and Manager at least thirty (30) days prior to the
expiration date of any policy. The Contractors shall procure an appropriate clause in, or
endorsement on, each of its insurance policies required hereunder whereby the insurer waives
subrogation.
18. Partial Invalidity. In the event that any one or more of the phrases, sentences,
clauses, or paragraphs contained in this Agreement shall be declared invalid by fmal and
unappealable order, decree, or judgment of any court, this Agreement shall be construed as if
such phrases, sentences, clauses, or paragraphs had not been inserted in this Agreement, it being
intended by the parties that the remaining`provisions of this Agreement shall remain in full force
and effect notwithstanding such invalidation.
19. No Joint Venture. It is not intended by this Agreement to, and nothing contained
in this Agreement shall, create any partnership, joint venture, limited liability company or other
arrangement between the City and Manager other than that of owner and independent contractor.
No term or provision of this Agreement is intended to be, or shall be, for the benefit of any
person not a party hereto, and no such other person shall have any right or cause of action
thereunder.
20. Governing Law. This Agreement and the rights of the parties hereto shall be
governed and construed in accordance with the laws of the State of Florida and all claims related
to this Agreement shall be brought and prosecuted in Miami-Dade County, Florida, which shall
be the exclusive venue for all such matters. Before resorting to litigation, the parties agree to use
commercially reasonable, good faith efforts to resolve disputes without litigation as hereinafter
provided. In the event of a dispute which the parties cannot resolve directly between themselves
within ten (10) days, the parties agree to submit to non-binding mediation for up to a period of
8
MIAMI 1987129.6 7713726901
thirty (30) days after either party sends written notice to the other party demanding mediation
(but no longer unless the parties mutually agree) to resolve the dispute using an independent,
trained mediator agreed to by both parties. If the dispute remains unresolved after such thirty
(30) day period or if the parties cannot agree upon a mediator within fifteen (15) days after the
demand for mediation, either party may proceed to commence litigation. -The parties shall
equally split the cost of the mediator.
21. Enforcement. In the event of any dispute under this Agreement concerning the
meaning or interpretation of any provision of this Agreement, the party not prevailing in such
dispute shall pay any and all costs and expenses reasonably incurred by the other .party in
enforcing or establishing its rights thereunder, including, without limitation, court costs and
reasonable attorney's fees before and at trial and through all appellate levels.
22. Entire Agreement. This Agreement constitutes the entire agreement between the
City and Manager with respect to the subject matter hereof, and supersedes and replaces all prior
or contemporaneous discussions, negotiations, letters, memoranda or other communications, oral
or written, with respect to the subject matter hereof. This Agreement may only be subsequently
modified or amended in a writing signed by both the City and Manager.
23. Amendments. No change, amendment or modification of this Agreement shall be
valid or binding upon the parties hereto unless such change, amendment, or modification shall be
in writing and duly executed by all parties hereto. The City and Manager, by mutual written
agreement, can expand the scope of this Agreement to cover management of the maintenance of
other sections of Lincoln Road and/or the future Lincoln Park.
24. No Waiver. Any waiver by any party of a breach of any provision of this
Agreement shall not operate as, or be construed to be, a waiver of any other breach of such
provision or of any breach of any other provision of this Agreement. The failure of a party to
insist upon strict adherence to any term of this Agreement on one or more occasions shall neither
be considered a waiver nor deprive that party of any right thereafter to insist upon strict
adherence to that term or any other term of this Agreement. Any waiver must be in writing and
signed by the party to be charged therewith.
25. Waiver of Jury Trial. The parties to this Agreement hereby agree not to elect a
trial by jury of any issue triable of right by jury, and waive any right to trial by jury fully to the
extent that any such right shall now or hereafter exist with regard to this Agreement or any action
or proceeding in which more than one of such- parties may be involved. This waiver of right to
trial by jury is given knowingly and voluntarily by the parties hereto, and is intended to
encompass individually each instance and each issue as to which the right to trial by jury would
otherwise accrue. The parties hereto are each hereby authorized to file a copy of this paragraph
in any proceeding as conclusive evidence of this waiver.
26. Exculpation of Manager. Notwithstanding anything contained in this Agreement
to the contrary, upon the occurrence of any claim under this Agreement or termination caused by
Manager's default, the recourse of the City against Manager shall be limited to the actual
damages incurred by the City resulting from Manager's material breach under this Agreement
(after expiration of any applicable notice and cure period) or Manager's willful misconduct or
9
MIAMI 1987129.6 7713726901
gross negligence for the recovery of any judgment from Manager, it being agreed that Robert S.
Wennett, Wellspring Investments Management I, LLC, Urban Investments Advisors, LLC, any
officers, shareholders, partners, members, managers, .directors, employees or agents of Manager,
any members in the entity comprising Manager. and any subsidiaries or affiliates of Manager
shall never be personally liable for any such judgment and are hereby unconditionally and
irrevocably released, satisfied and forever discharged of and from any and all actions, causes of
action, claims, demands, losses, costs and expenses, whether direct, contingent or consequential,
liquidated or unliquidated, at law or in equity, that the City has or may or shall have.
27. Exculpation of the City. Notwithstanding anything contained in this Agreement
to the contrary, upon the occurrence of any claim under this Agreement or termination caused by
the City's default, the recourse of Manager against the City shall be limited to the actual
damages incurred by Manager resulting from the City's material breach under this Agreement
(after expiration of any applicable notice and cure period) or the City's willful misconduct or
gross negligence, it being agreed that any employees or agents of the City shall never be
personally liable for any such judgment and are hereby unconditionally and irrevocably released,
satisfied and forever discharged of and from any and all actions, causes of action, claims,
demands, losses, costs and expenses, whether direct, contingent or consequential, liquidated or
unliquidated, at law or in equity, that Manager has or may or shall have.
28. Counterparts; Facsimile. This Agreement may be executed in counterparts, each
of which shall be deemed an original and all of which together shall constitute one and the same
instrument. A facsimile signature shall be deemed for all purposes to be an original.
[SIGNATURES TO FOLLOW ON NEXT PAGE)
10
MIAMI 1987129.6 7713726901
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed,
by and through their duly authorized representatives, as of the date first written above.
WITNESSES:
•C ~GG~.~~,E%~tJ
Sign
~~ ~i'g C~ r~~j ~~/ L7
Print Name Jam.
~~~i~i~t~(~~~ ~ l .
Sign
~lA~~--- ~..~-1 ~~-T~,~~z.
APPROVED AS TO
FORM & LANGUAGE
CITY:
CITY OF MIAMI BEACH, FLORIDA,
a unicipal corporation of the fate o lorida
By:
Name: M i Herrera Bower
Title: Mayor
Print Name
ATTEST:
B Crit~('i~
Y•
Name: Robert Parcher
Title: City Clerk
,,--- ~ FO CUTION
~~ f0
Ci torne ~~(',, at
MIAMI 1987129.6 7713726901
WITNESSES:
Si
~ f~~
~, j -~
Print N
Sign
Print Name
MANAGER:
UTA MANAGEMENT, LLC, a Delaware limited
liability company
By: Urban Investments Advisors, LLC, a
Delaware limited liability company, its
Managing Member
By: Wellspring Investments Management
I, LLC, a Delaware limited liability
company, its Managing Member
Robert S. Wennett
Managing Member
MIAMI 1987129.6 7713726901
EXHIBIT "A"
CITY PROPERTY
MIAMI 1987129.6 7713726901
i ,
COUSINS SURVEYORS & ASSOCIATES, INC. PROJECT NUMBER :5085--04
3921 SW 47TH AVENUE, SUITE 1011
~ DAVIE, FLORIDA 33314 CLIENT : MBEACHI, LLLP
CERTIFICATE OF AUTHORIZATION L8 ~ 6448
PHONE (954) 580-9885 FAX (954) fi80-0213
LAND pESCRIPTION AND SKETCH
LAND DESCRIPTION
A PORTION OF LINCOLN ROAD LYING BETWEEN ALTON ROAD AND LENOX
AVENUE, AS SHOWN ON "COMMERCIAL SUBDIVISION", ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BODK 6, AT PAGE 5 OF THE PUBLIC
RECORDS OF MIAMI/DARE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
BEGIN AT THE WESTERN MOST SOUTHWEST CORNER OF LOT i, BLOCK 39 QF
SAID "COMMERCIAL SUBDIVISION";
7HENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 15.00 FEET; A CENTRAL ANGLE OF
90'02'39" AND AN ARG DISTANCE OF 23.57 FEET;
- ~ _..
THENCE TANGENT TO TIDE TAST UE8CRIBED C[]RVE AORfik $9'6$'83 ~A$T .' --'---- --_"-------- -- -- -- - ----------- -
ALONG THE SOUTH LWE OF SAID BLOCX 39, A QISTANCE OF 290 FEET TO A
POINT ON A TANGENT CURVE CONCAVE TO THE NORTHWEST;
THENCE NORTHEASTERLY. ALONG THE ARC pF SAID CURVE, HAVING ARADIUS -
QF 15.00 FEET, A CENTRAL ANGLE OF 89.57'21" AND AN ARC DISTANCE OF
23,5¢ FEET; .
THENCE SOUTH 00'48'26" EAST, A DISTANCE OF 130.00 FEET TO A POINT
ON A TANGENT CURYE CONCAVE 70 THE SOUTHWEST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS
OF 15.00 FEET; A CENTRAL ANGLE OF 90'02'39" AND AN ARC DISTANCE OF
- 23.57 FEET;
THENCE SOUTH 89.08'55' WEST ALONG THE NORTH LINE OF BLOCK 46 OF
SAID "COMMERCIAL SUBDIYISION", A DISTANCE OF 290.00 FEET TO A POINT
ON A TANGENT CURVE CONCAVE TO THE SOUTHEAST; '
THENCE NORTHEASTERLY•ALONG THE ARC OF SAID CURVE, HAVING A RADIUS
OF 15.00 FEET, A CENTRAL ANGLE OF 89.57'21" AND AN ARC DISTANCE OF
23.55 FEET;
THENCE NORTH 00'48'26" WEST, A DISTANCE OF 130,00 FEET TO THE POINT
OF BEGINNING.
.. _..:- -....-_ .. _ . _.._._ ..._.....-SAID -LARD-"SITUATE; ..LYING AND-BEING 1N-THE "CIfY-OF- M1AMf BEACH; _........._......_-....._..__.._ ..... - ---_ . - -_ ..... _........ _-- -- .....--- ...._.
MIAMI/DADS COUNTY, FLORIDA; CONTAINING 32,193 SQUARE FEET, MDRE OR
LESS.
REVISIONS DATE FB PG DWN CKD
IAND DfSCRIPT;01J 3 SKETCH 03/O6/U7 ----- pY flEC
PROPENTY ADDRESS
LAND DESCRIPTION 1111 uNCOLN RogD
& SKETCH
FOR LINCOLN ROAD SCALE: N/A
BETWEEN ALOON ROAD
& LENOX AVE SHEET 1 OF 3
COUSINS SURVEYORS & ASSOCIATES, INC. PROJECT NUMBER :5085-D4
r 3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33314 CLIENT ;
CERTIFICATE OF AUTHORIZATION L8 ~ 6448 MBEACHI, LLLP
PHONE 954 680-9885 FAX (954) 680-0213
i
LAND DESCRIPTIdN AND SKETCH
A L 7 0 N R O A D
P08
WESTCRN MOST SOU[HWESf OOR1~11
NOa46'2s"W 130.00' CLOP~''ae~ wD.cx>
WEST LINE - 11 ~ ~ WEST LINE -LOT 1
D D
a 11 a u
TT~~ NQ~
W wED WOW
. ~ U1 V'0 t00A0' V ^'p m
133CFF ~ ~ c . w
~ N C t0
~r
- EAST LINE - LO'f. 12 WEST -1lllE - ITT Z-
1VE61' MNE - IAT 11 -
s ~ .
- r •
O _-T _-___..___
EAST JOIE -LOT It Z UNE -'D3'r S '~ ~
WEST ula - LOi ~o
w ~ Z
~ ~ ~ o ~~
N Z N m
• _ Eait.LN~E= Lq~tn ~ Ln¢ -Lora _. _ r _
WEST uNE - un o W ~ DRE ~- mT s
a to °
A
~ g ~ ~' $
~ ~ ~ o ~ ~
~ a ~.
. - EAST LINE _IOT. B I]RE -" ~ 4S"- - - --
91EST MNE - lAT b v .
I . ~ ~.~
_._ __ . _ __._..-- _ -----___._...__-- ~m --- -- --~ u
-.~--- .... _ .___ ..__ - - __.__ ---.- -- --- --.->o.---_..-- - .-----._... _. _ ._--- -- _.
_ EAST LINE - tOT 8 ENE TOT ~ .-
~WESi L~INE - u~Yl' 7 .. .
i ~ ii~ >D~ >DI~I ~~
_I ~ LEGEND: ~~ NNO tco.oo' U V o ~p
CKD CHECKED BY `"~ P 4' ~ o
DWN DRAWN BY ° ° EAST UNE - uri 6
FB/PD FIELD BOOK AND PADS ~T LMC - ~T T
POB POINT OF BEGINNING SOa48'26"E 1,30.00'
P~ ' PgNT OF CDLOJENCENEH! _
P.B. PLAT BDOK
M/D.C.R. YUJIi/DAOE COUNIY REOORDS
" ARC °~~""~ L E N O X A V E N U E
. R RADIUS
~ CENTRAL ANGLE
REVISIONS DATE FH PG DWN CKD
LAND DESORIPTIOH k SKETCH G.l/08/07 -- AY REC
PROPERTY ADDRESS
LAND bESCRIPTION ~ ~ ~ ~ UNCOW ROAD
& SKETCH
FOR LINCOLN ROAD SCALE: 1 "= 40'
BETWEEN ALTON. ROAb
& LENOX AVE SHEET 2 OF 3 .
COUSINS SURVEYORS & ASSOCIATES, INC. PROJECT NUMBER :5085-04
3921 5W 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33314 CLIENT
CERTIFICATE- OF AUTHORIZATIl7N LB ~ 6448 MSEACHI, LLLP.
PHONE 954 880-9885 FAX (954 fi80-0213
LAND DESCRIPTION AND SKETCH
i, NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR ANO MAPPER.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY,
EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS DF RECORD.
3. DATA SHOWN HEREON ODES NOT CONSTITUTE A'flELQ SURVEY AS SUCH.
4. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
5. BEARINGS SHOWN HEREON ARE ASSUMED. THE SOUTH UNE OF LOT 20. BLOCK 39 ,
°COMMERCU~L SUBDIVISION, FlRST ADDITION", P.B. 6; PG. 36, M/D.G.R.
SAID UNE BEARS S69'08'S5"W.
I HEREBY CERTIFY THAT THE ATTACHED "LAND DESCRIPTION AND SKETCH"
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF
AS PREPARED UNDER MY DIRECTION' 1N >AARCH, 2007. I FURTHER CERTIFY THAT THIS
°LAND DESCRIPTON AND SKETCH° MEETS 7HE MINIMUM TECHNICAL STANDARDS
FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO CHAPTER 61G17 OF
THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.D27, FLORIDA
STATUTES. SUBJECT TO THE QUAUFlCATIONS NOTED HEREON.
FOR THE FIRM, BY: ^^------^-------------------------
RICHARD E. COUSINS
PROFESSIONAL SURYEYOR AND MAPPER
FLORIDA REGISTRATION N0. 4188
REV1510NS DATE FB PG DWN CKD
tANO PESCRIAiroN t 51(ETCH OS/OB/ff1 -^___ AV REC
PROPERTY ADDRESS
LANG DESCRIPTION 1111 LINCOLN ROAD
8c SKETCH
FOR LINCOLN ROAD SCALE: N/A
BETWEEN ALTON ROAD
& LENOX AVE SHEET 3 OF 3
EXHIBIT "B"
APPROVED BUDGET FOR 2010
Annual 9 Months
Sanitation Services
Superior Landscaping and Lawn Services $58,560 $43,920
LandscapinE Services
Superior Landscaping and Lawn Services $25,684 $19,263
Water Feature Services
Edgewater Exhibits $25,740 $19,305
TOTAL SERVICES $109,984 $82,488
UTA FEE (15%) $16,497.60 $12,3 73.20
TOTAL COST $126,481.60 $94,861.20
Contingency (25%) $31,620.40 $23,715.30
TOTAL including Contingency $158,102 $118,576.50
******Contracted Services do NOT INCLUDE
1) Sealer (every two to three years re seal stone)
Note: any contingency used will be marked up with the managers 15% fee
MIAMI 1987129.6 7713726901
EXHIBIT "C"
CLEANLINESS INDEX STANDARDS
MIAMI 1987129.6 7713726901
Examples of large litter:
- Beer cans and bones
- Soh drink glass, cans, plastic
- Sport drink glass plastic
- Wine f Ligcror glass, plasfie/other
- Milk /Juice Plastic, Glass
- Six pock plastic rings
- Plastic f Paper l Polystyrene (loom( drink cups
- f'lasticfPaper bags
- Zipper bags /sandwich bags
- Cardboard boxes
- Paper beverage cases
- Plastic f Glass jars f bottfesf lids
- Cans -steel, aluminum
- Aerosol eons
- Paper faod wrap
- Utensils
- Napkins
- Clothing
- Printed. materials (newspapers, flyers, books, etc.j
m MIAMIBEACH
1
- Cigaretle butts
- Bottle caps
- Straws
- Candy packaging and wrappers
- Polyfoom pocking materials
- Plastic expresso coffee cups
m MIAMIBEACH
~ MIAMIBEACH
~ MIAMIBEACH
.- ....-
•.. .- .
Small ro moderate Can is functioning a~ Between 10%- 30% -One instance of fecal
emounts of Utter. In o is Full with trash, which of a 10 step paved matter is present on the
~,,,; i J step distance the can be seen from the area fs covered by public area.
Utter accumulation eye level. There Is no organic matenols, but
should account to less litter above the rain occu«ing in no more
than 10 small pieces guard. There is somz than 10% of the entire
or 2-4 pieces of large residue from past assessed area. If
litter, but occurring In gorboge. occurring in more than
~''s ~ ~ no more than 10%of Can Is In a clean 10%of the entire
'~~ , xa the entire assessed condition, but may assessed area, then
~~ area. have one smolt add 1 point.
~,£
If the litter densiy isolated instance of a -Between 1 and 3
t
.c',~,: 4 occurs between 14
` sticker or graffiti, pieces of large
``
° ~" 25% of the entire which the eye is not organic materials Is on
area, then add 1 drawn to it. the ground.
_ point. Isolated case of
I( the litter densiy organic material
occurs more than 25% accumulaFlOn caused
of the entire area, then by standing water and
add 2 points. poor drainage.
m MIAMIBEACH
~ MIAMIBEACH
f~.
~. R
`~, n :'
~~ - ~
~,t~ j
Sea oafs located on the sand dunes
should not be rated against the
index for organic material. The
organic materials that should be
rated is sand on paved areas,
leaves, seaweed, etc.
m MIAMIBEACH
5
~ MIAMIBEACH
+m MIAMIBEACH
m MIAMIBEACH
Parking lot is 50 % covered
with organic material,
which has been there for
some time because it is
turning brown.
m MIAMIBEACH
~ MIAMIBEACH
m MIAMIBEACH
10 step area is 90 % covered by standing water that has
been there for some time, since algae is forming on the
paved area. The water is also emitting a smell.
EXHIBIT "D"
GROUNDS MAINTENANCE SERVICE STANDARDS
MIAMI 1987129.6 7713726901
THREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
BID # 00-09/10
THREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
1100 Block of Lincoln Road 12/01/09
3.0 GENERAL CONDITIONS
3.1 SCOPE OF WORK
3.1.1 The work specified in this section consists of furnishing all labor, machinery, tools,
means of transportation, supplies, equipment, materials, services and incidentals
necessary to provide complete landscape maintenance services as specified herein.
NOTE: THE WATER FEATURE/GARDEN MAINTENANCE PROGRAM IS
LIMITED TO REMOVAL OF FLOATING DEBRIS AND ORGANIC
MATERIALS AT EACH SERVICE VISIT. COMPLETE SERVICE
SPECIFICATION FOR THESE AREAS TO BE PROVIDED BY THE CITY AS
DEVELOPED IN CONJUNCTION WITH THE DESIGNER.
3.1.2 The work shall include but not be limited to, litter retrieval and waste disposal, landscape
maintenance, herbicide /insecticide/fertilizer application, irrigation system operation
maintenance /repair and replacement of plants as required. ("Full Service Visits") Bid
prices shall include all labor, equipment and materials needed to perform those duties set
forth in this section.
3.1.3 All work shall be completed in a continuous manner, that is the, trimming, litter retrieval,
etc., shall be completed before leaving the job site.
3.1.4 The Contractor will adhere to a work schedule provided by the City (see Section 4.7.2.).
Any variations to that schedule, requested by either party, must be approved either
verbally or in writing by an authorized representative of the other party.
3.1.5 The work shall include Traffic Control as described herein.
3.1.6 The location of the work referenced is located throughout within the City of Miami
Beach, include the following area:
- 1100 block of Lincoln Road: From the eastern back of curb of Alton Road east to
the western back of cub of Lenox Avenue to the edge of the project limits to the
immediate North and South along the City right a way of Alton Road and Lenox
Avenue. including: all public pedestrian walking surfaces, planters and tree wells.
Approximately 42,000 square feet, Fifty Two (52) full service visits annually.
3.2 QUALIFICATIONS (BIDDER SHALL SUBMIT SATISFACTORY EVIDENCE
WITH THEIR BID OR WITHIN 5 CALENDAR DAYS UPON WRITTEN REQUEST,
THAT THEY MEET THE FOLLOWING MINIMUM REQUIREMENTS)
Parties deemed to be qualified to service this contract shall be judged on their past performance
and present ability to provide all labor, materials, and equipment to successfully fulfill the
provisions of this contract.
3.2.1 Company Qualification
THREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
BID # 00-09/10
3.2.1.1 Company shall have been in continuous service and incorporated in the State of
Florida for a minimum of four (4) years.
3:2.1.2 Company must be fully licensed with all required State and/or Local government
licenses, and permits (irrigation, pest control, horticultural services, etc.}.
3.2.1.3 Company must have a person on staffwith an advanced degree in horticulture,
agronomy, or a related field on staff or be recognized as a Florida Certified
Landscape Contractor through the Florida Nurseryman and Growers
Association.
3.2.1.4 Company must have a I. S. A. Certified Arborist on staff.
3.2.1.5 Company must have a State Certified Pest Control Operator on staff.
3.2.1.6 Company must be a drug and alcohol free workplace.
3.2.2 Personnel Requirements, Management
3.2.2.1 Provide a minimum of one (1) full time graduate horticulturist or Florida
Certified Landscape Contractor to manage all facets of the landscape and turf
management for the contractor.
3.2.2.2 Managers must have excellent communication skills and be capable of directing
all regular maintenance and additional landscape services and coordinating these
with the designated City of Miami Beach staff.
3.2.2.3 Managers shall constantly use their experience and training to prevent, detect
and control adverse conditions by physically inspecting the landscape and
properly guiding the maintenance program.
3.2.3 Technical Services
3.2.3.1.To provide an adequate number of personnel specifically trained, experienced
and licensed in the following areas: turf maintenance, irrigation maintenance,
tree maintenance, and horticultural pest control.
3.2.3.2 Provide a Certified Pesticide Operator through the State of Florida, Department
of Health and Rehabilitative Services.
3.2.3.3 Provide an I.S.A. Certified Arborist, with a minimum of five (5) years
experience with South Florida trees.
3.3 CONTRACTOR'S RESPONSIBILITIES
3.3.1 Manager
The Contractor shall maintain a Manager on staff, employed in a full time position, with
a degree in horticulture, agronomy, or a related field, or recognized as a Florida Certified
Landscape Contractor with a minimum of two years landscape management experience.
THREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
BID # 00-09/10
Managers must have excellent communication skills and be able to be communicated
with by pager, two way radio or cellular telephone. Managers shall be capable of
directing all regular maintenance and additional landscape services and coordinating
these with the designated City of Miami Beach staff. Managers shall constantly use their
experience and training to prevent, detect and control adverse conditions by physically
inspecting the landscape and properly guiding the maintenance program. The Manager
shall inspect all sites a minimum of one time per month and submit an inspection report
documenting conditions to the Project Manager. These inspections shall occur no later
than the end of the first full week of each month.
3.3.2 Supervisor
The Contractor shall maintain a Supervisor at the facilities at all times during the hours
of operations, and such supervisor shall be able to be communicated with by pager, two
way radio or cellular telephone.
The Supervisor shall a minimum oftwo years field supervisory experience and be able to .
supervise all day to day field operations for the Contractor. The Supervisor must have
excellent communication skills and be.capable of directing all regular maintenance
personnel to ensure that operations are conducted in a safe and efficient manner
consistent with contract specifications. The Supervisor shall constantly use their
experience and training to prevent, detect and control adverse conditions by physically
inspecting the landscape and properly guiding maintenance personnel. The Supervisor
shall inspect all work completed before leaving the job site, at the completion of each
regular service to ensure the site is left in a clean, attractive and safe condition.
3.4 CONTRACTOR'S PERSONNEL
Contractor shall employ personnel competent to perform the work specified herein. Contractor's
employees shall be United States citizens or in possession of appropriate documentation
permitting the employees to work in Dade County.
The City reserves the right to request the removal of the Contractor's employee's from
performing maintenance on the City's grounds where the employee's performance or actions are
obviously detrimental to the program. Standard for Contractor's employee's include the
following:
3.5 DISASTER RESPONSE
The Contractor shall maintain, on a twenty-four (24) hour on-call basis, by pager, two way radio,
or cellular telephone, a staff sufficient to address emergency contingencies (ie. hurricanes,
tornados, floods, etc.) which may arise from time to time. The Contractor will respond with
immediate action to emergencies that adversely affect the City of Miami Beach, so that the
situation is corrected at the earliest possible moment. The Contractor shall be compensated for
use of personnel equipment based upon the indicated classifications in the bid tabulation.
3.6 UNIFORMS
The Contractor will provide, at Contractor's expense, color coordinated uniforms for all
THREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
BID # 00-09/10
personnel. Such uniforms shall meet Owners' public image requirements and be maintained by
Contractor so that all personnel are neat, clean and professional in appearance at all times. Non-
uniform clothing will not be permitted, including for new employees.
3.7 CONDUCT
Conduct standards for Contractor's employees should meet or exceed those required for City
employees. The following are some guidelines:
• Drugs and alcohol, or their use, is not permitted on City property nor are personnel
allowed on property while under the influence of such substances.
• Firearms or other weapons are strictly forbidden. "
• Fighting or loud, disruptive behavior is not permitted.
All personnel will be subject to applicable City safety and security rules and procedures
pertaining to conduct, vehicle use, property access, etc.
3.8 SAFETY
3.8.1 Contractor agrees to perform all work outlined in the Contract in such a manner as to
meet all accepted standards for safe practices during the maintenance operation, to safely
maintain equipment, machines, and materials, and to remedy hazards consequential or
related to the work. The Contractor further agrees to accept the sole responsibility for
compliance with all local, County, State or other legal requirements including but not
limited to: (1) full compliance with the terms of applicable O.S.H.A. Safety Orders, (2)
requirements of the Florida Department of Transportation Manual of Traffic Controls
and Safe Practices For Street and Highway Construction. Maintenance and Utility
Operations, at all times so as to protect all persons including Contractor's employees,
agents of the City, vendors, and members of the public or other firms from injury or
damage to their property.
3.8.2 The City, through its Project Manager, reserves the right to issue immediate restraint or
cease and desist order to Contractors when unsafe or harmful acts are observed or
reported relative to the performance of the work under the Contract.
3.8.3 During normal working hours, Contractor shall obtain emergency medical care for any
member ofthe public who is in need thereof, because ofillness or injury occurring on the
site, including a prompt report thereof to the Project Manager.
3.8.4 In performing the scope of work, all safety on or off the job site shall be the sole
responsibility ofthe Contractor. The City shall not be responsible for safety on or offthe
job site. The City's on-site observations or inspections shall be only for the purpose of
verifying that the maintenance Specifications are being implemented properly. The
City's on-site observations or inspections are not for safety on or off the job site.
3.8.5 Traflic Safe Control -The Contractor shall at his cost, observe all safety regulation;
including placing and display of safety devices, provisions of police to control traffic,
etc. as may be necessary in order to conduct the public through the project area in
THREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
BID # 00-09/10
accordance with F.D.O.T.'s "Manual on Traffic Controls and Safe Practices for Street
Highway Construction, Maintenance and Utility Operations."
3.9 CONTRACTOR'S VEHICLES
Contractor's vehicles shall be in good repair, free from leaking fluids, properly registered, of
uniform color and shall bear the company name on each side in not less than 1-1/2" letters.
3.10 CONTRACTOR'S EQUIPMENT
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 use. If equipment does not contain proper safety devices and/or is being operated in an
unsafe manner, the City may direct the Contractor to remove such equipmentand/or the operator
until the deficiency is corrected to the satisfaction of the City. The Contractor shall be
responsible and liable for injury to persons caused by the operation of the equipment.
3.11 CONTRACTOR'S DAMAGES
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 ofthe City. Failure to restore said damages within three (3) working days following
notification shall result in a deduction from the next invoice of the City's expenses incurred by
the City for Labor, material or equipment to restore the property to its original condition.
3.12 INDEPENDENT CONTRACTOR
Contractor shall act under the Contract as an independent Contractor vis-a-vis City of Miami
Beach and will not be an agent or employee of the City. Contractor shall not represent or
otherwise hold out itself or any of its subcontractors, directors, officers, partners, employees, or
agents to be an agent or employee of the City.
3.13 PERMITS, LICENSES, CERTIFICATES
Contractors shall obtain, at their expense, valid permits, licenses and certificates (City, County,
State, Federal) as required for work under the Contract.
3.13.1 Contractors shall give all notices and pay fees and taxes required by law in
performance of the Contract.
3.13.2 Compliance with Miami Beach Parks and Recreation Department and the State
of Florida Department of Transportation Rules and Regulations: Contractors
shall comply and abide by all rules and regulations of the above-referenced
departments as they may be applicable to performance of the Contract.
3.13.3 Advertisin and Suns: Contractors shall not advertise or place signs on the site,
facilities or equipment of the City of Miami Beach.
3.14 SUB CONTRACTORS
Nothing contained in the specifications shall be construed as creating any contractual relationship
between any subcontractor and the City.
THREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
BID # 00-09/10
Contractors shall be as fully responsible to the City for the acts and omission of the
subcontractors as for the acts and omissions of person(s) directly employed.
3.15 PROTECTION OF PROPERTY AND REPAIR OF DAMAGE
3.15.1 All portions of landscape structures, facilities, services, utilities, roads, and
irrigation systems shall be protected against damage or interrupted service at all
times by Contractor during the term of the Contract. Any damage to the property
as a result of the performance of work by Contractor during the terms of the
Contract shall be repaired or replaced in kind and in manner approved by the
Project Manager. All work ofthis kind shall be made immediately after damage
or alteration occurs, unless otherwise directed.
3.15.2 Repairs to plant materials and soils shall specifically be made in accordance with
specifications in Section 4.3.
3.15.3 Repairs to irrigation systems, which are damaged by any means including acts
of God, vandalism, vehicular damage, theft, or undetermined causes, shall be
repaired by the Contractor at no cost to the City, except where the specifications
provide otherwise.
3.15.4 Contractor shall notify the City Project Manager within twenty-four (24) hours
after discovery of any damage caused by accident, vandalism, thefts, acts of
God, or undetermined causes.
3.16 RECORDS
All documents; books and accounting records shall be open for inspection at any reasonable time
during the term ofthe Contract and for three (3) years audit ofthe books and business conducted
by Contractor and observe the operation of the business so that accuracy of the above records can
be confirmed.
All employment and payroll records shall be open for inspection and re-inspection by the City, at
any reasonable time during the term of the Contract.
3.17 TRANSPORTATION
Contractors are to supply all transportation of employees, supplies and equipment.
3.18 STORAGE
Contractors are to provide for all storage at off-site locations delivering to site only sufficient
equipment and materials to complete daily tasks. Permission may be given by Project Manager
for storage of materials or equipment on-site during special projects or conditions.
3.19 WASTE DISPOSAL
Contractors are responsible for removing and disposing from sites all waste handled in
THREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
BID # 00-09/10
performance of the Contract. The City is not required to supply area or facilities for storage or
removal of waste on-site.
3.20 NON-INTERFERENCE
Contractor shall not interfere with the public use of sites and shall conduct his operation so as to
offer the least possible obstruction and inconvenience to the public or disruption to the peace and
quiet of the area within which the services are performed.
THREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
BID # 00-09/10
THREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
4.0 TECHNICAL SPECIFICATIONS
4.1 PURPOSE
These specifications designate the manner in which basic maintenance tasks will be performed in
order to achieve the overall Quality Objective, which is to maintain the landscaping on the listed
sites in a vigorous, healthy, growing, safe, clean, and attractive condition throughout the year.
4.2 STANDARDS AND REFERENCES
The Contractor's Representative shall be well versed in Florida maintenance operations and
procedures. All employees shall be competent and skilled in their particular job in order to
insure that they properly perform the work assigned.
The following organizations provide standards and publications which may be used as a guide
for conducting grounds maintenance and services, under the Contract:
A. Florida Cooperative Extension Services, 18710 SW 288th Street, Homestead,
Florida, 33030.
B. Florida Turf-Grass Association, Inc., 302 Graham Avenue, Orlando, Florida,
32803-6399.
C. National Recreation and Park Association, 1601 N. Kent Street, Arlington,
Virginia, 22209.
D. Florida Recreation and Park Association, 1406 Hays Street, Suite 1, Tallahassee,
Florida; 32301.
E. Florida Department of Transportation, "Manual on Traffic Controls and Safe
Practices for Street & Highway Construction, Maintenance and Utility
Operations."
4.3 MATERIALS
All materials supplied and used by Contractors shall be the best kind available and used in
accordance with manufacturer's directions. Commercial products such as fertilizers and
pesticides shall bear the manufacturer's label and guaranteed analysis. City inspectors may
require tests and reject materials not meeting these specifications or manufacturer's guarantee.
4.3.1 Replacement
Any plants which are damaged or die as a result of improper maintenance or lack of
sufficient maintenance shall be replaced by the Contractor, at no cost to the City, within
10 calendar days upon discovery by the Contractor or notification by the City. The
following criteria shall be used to determine if replacement is necessary.
4.3.1.1 Plants are not in a healthy growing condition and this renders them below the
minimum quality standard (Fla.# 1).
THREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
BID # 00-09/10
4.3.1.2 There is a question of any plants ability to thrive after the end of the thirty four
(34) month maintenance period that would render it below the minimum quality
standard (Fla.# 1).
4.3.1.3 The plant material is dead.
4.3.2 The ten (10) calendar days maybe extended due to seasonal conditions, availability,
preparation time such as root pruning, etc., only if approved by the City, in advance. The
extended time shall be negotiated between all parties concerned, but must receive final
approval by the City. After the 10 day replacement period, the City may perform the
work and withhold monies due to the Contractor for materials and labor costs.
4.3.3 Size, Quality and Grade of Replacement
4.3.3.1 Replacement material shall be of the same brand, species, quality and grade as
that of the material to be replaced, or it shall conform to the Florida Grades &
Standards for nursery plants Florida # 1 Quality, whichever is higher. The size of
the replacement plants shall not be necessarily the same size as the original
specified plant at its initial planting. The replacement shall be of equal size to
the plant to be replaced at the time it has been determined that it must be
replaced. However, if for some reason, the plant to be replaced is smaller than
the size to be replaced, the replacement shall be at least equal to the original size
when the maintenance period began.
4.3.3.2 Plants shall be sound, healthy, and vigorous, free from plant disease, insect pests
or their eggs, and shall have normal root systems and comply with all State and
local regulations governing these matters, and shall be free from any noxious
weeds.
4.3.3.3 All trees shall be measured six (6) inches above ground surface.
4.3.3.4 Shape and Form: Plant materials shall be symmetrical, and/or typical for variety
and species.
4.3.3.S.A11 plant materials must be provided from a licensed nursery and shall be subject
to acceptance as to quality by the Project Manager.
4.3.3.6 Replacements shall be guaranteed for the length of the Contract, or six (6)
months, whichever is greater.
4.3.3.7 The Contractor shall be responsible for hand watering the replacement (if
required), for 42 calendar days after planting.
4.3.4 Water
Should Contractor supply water, the water shall be fresh (non-salt), and containing no
harmful levels of pollutants or chemicals.
4.3.5 Soil
4.3.5.1 Any soil supplied by Contractors shall be good, clean, friable top soil (or soil
mix as specified in original construction documents), free from any toxic,
noxious or objectionable materials, including rocks, lime rock, plant parts or
THREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
BID # 00-09/10
seeds.
4.3.5.2 "Planting Soil Mix" shall be equal parts of Sphagnum peat moss, coarse sand,
and composted organic matter, sterilized.
4.3.5.3 "Muck-sand-soil" shall be 70 percent muck and 30 percent course sand.
4.3.6 Fertilizer
All fertilizer shall be the best commercial grade and except free flowing liquids, shall be
delivered to site and be dry when processed for application. Fertilizers shall be in
appropriate containers and tagged. Special permission from the Project Manager is
required to use bulk fertilizers.
The Contractor shall submit copies of the manufacturer's specifications for all fertilizer
including data substantiating that the proposed materials comply with specified
requirements.
4.3.7 Pesticides - (insecticides, fungicides, herbicides, etc.):
Insecticides & Fungicides shall be only those which are approved or recommended for
use near open water bodies and those specified. Only the Federal Environmental
Protection Agency (EPA) approved products shall be used.
All pesticides are to be registered and approved for use by the Florida Department of
Agriculture.
Submit on an as needed basis, a schedule of spraying and dusting materials to be used to
control pests and disease infestation, the reason for their use and the method to be used to
apply the materials and the method of application before it is delivered and used on the
project. The need for pest and disease control, will be determined by the Contractor's
Horticulturist and approved by the City, Also, if requested by the City, the Contractor
will furnish documentation that the implementation of these control measures for pests
and disease infestation is in strict compliance with all Federal, State, and Local
Regulations.
4.3.8 Miscellaneous Materials
Mulch shall be grade B shredded cypress mulch, free of foreign matter. Other mulch
types may be required upon request by the City. Alternative mulch types will be readily
available on the wholesale market, be of equal or lesser wholesale cost or increased costs
to be paid by City.
4.4 EQUIPMENT
Equipment supplied by Contractor shall be designed for or suited to the grounds maintenance
-task in which it is to be used. Equipment will not be used in areas or to perform tasks where
damage will result to the landscapes or sites.
Contractor shall maintain supplied equipment in a good appearance and all equipment shall be
maintained in a safe, operational and clean condition.
Upon specific request by the City, the Contractor will supply a current list of supplied equipment
THREE YEAR CONTRACT TO PROVIDE
GROUNDS.MAINTENANCE SERVICE
BID # 00-09/10
used by the Contractor, including item, model, manufacturer, year manufactured, and serial
numbers. The Project Manager or his designee shall have the right to reject the .use of any
specific piece of supplied equipment on the site, by notification to Contractor
4.5 COMPLETION OF WORK
All work is to be completed in a continuous manner. That is all mowing, edging, weed control,
trimming, litter removal, etc. shall be completed before leaving the job site.
4.6 GROUNDS MAINTENANCE FUNCTIONS AND TASKS:
4.6.1 NA-Turf Care
4.6.2 Pruning Shrubs and Ground Cover Plants Bed Area Maintenance
All shrubs and ground cover plants growing in the work areas shall be pruned, as
required, to maintain plants in a healthy, growing, flowering condition and to maintain
plant growth within reasonable bounds to prevent encroachment of passageways, walks,
streets, view of signs or any manner deemed objectionable by the Project Manager.
4.6.2.1 Bed Area Maintenance
The Contractor shall keep the bedded areas free of dead plants, leaves, and
branches at all times. All beds shall be vertically edged, and kept weed free at
all times. Edge grass at plant bed lines to keep grass from growing toward
shrubs, keep the width of sod as it was originally placed.
4.6.2.2 Shrubs
All shrub material shall be pruned a minimum of once per month to insure
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.
4.6.2.3 Groundcover
All groundcover material shall be pruned a minimum of once per month to
insure the best shape, health, and character of the individual plant.
Groundcover plants shall be selectively cut back to encourage lateral growth
and kept inbounds and out of other plantings, walkways, lighting, etc.
Mechanical trimmings may only be utilized when the health or appearance of
the plant will not be damaged by the mechanical trimmers.
4.6.3 Trees and Palm Pruning
Trees and palms are to be maintained in a healthy, growing, safe, amactive condition and
in their proper shape and size according to variety, species and function in the landscape
or as specifically directed by the Project Manager.
4.6.3.1 Pruning
Natural Shaping and Thinning
Prune, thin, and trim all trees at least once a year to keep the trees healthy, to
maintain the natural character of the variety, to control shape and to prevent
THREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
BID # 00-09/10
crowding. Pruning in general 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 fruit, inflorescence, dead fronds and weak stalks. Fruit
and/or inflorescence must be remove from palms in locations where the dropping
of fruit will cause an unsafe or unsanitary situation. Disinfect tools between
palms by soaking in a (5.25%) - 25% dilution Chlorine bleach and water solution
for a minimum of 5 minutes. Certain Washingtonian Palms will be an exception
to the pruning practices of normal palm maintenance when existing dead fronds
are maintained as determined by the City Project Manager.
Pruning will also be required from time to time to remove damaged branches
from storms, frost, pruning to prevent encroachment of branches over streets,
into private property, obscuring view of signs or traffic,
particularly at a road intersection, or interference with lighting, etc.
Tree branches shall be pruned up to seven (7') feet over walkways and in areas
so designated by the Project Manager. All tree pruning shall be accomplished
with standard practices including:
Cuts should be made with sharp and proper tools. When cutting parts of
branches, leave a living bud at the end of the stub. Make cuts sufficiently close
to parent stem so that the healing can readily start under normal conditions, but
do not cut in to branch collar. On trees known to be diseased, disinfect tools after
each cut and between trees. Prune only at the 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.
Pruning shall include the following items:
- Dead, dying or unsightly part of the tree
- Remove sucker growth from base of the trees in which an exposed
trunk character is desired
- Branches that grow toward the center of 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 only a single stem
-Nuisance growth that interferes with view, traffic; sign age, walks, or
lighting. Nuisance growth includes the removal of all dangerous
thorns, spikes or appendages which show potential conflict with
people.
- Shape top of small trees as needed
All branches, dead wood, and cuttings shall be removed from the job site at time
of pruning and disposed of in an acceptable manner. All lawn and shrub areas
damaged by pruning equipment shall be restored.
THREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
BID # 00-09/10
4.6.3.2 Staking and Guying -and Tree Set-Up
Maintain existing and- adjust tree stakes, guy wires and hoses or blocks, until
trees are capable of standing vertical and/or resisting normal winds.
4.6.3.2.1 The Contractor shall be responsible for the complete removal and
replacement of those trees lost due to the Contractor's faulty
maintenance or negligence, as determined by the Project Manager.
4.6.3.2.2 Replacement shall be made by the Contractor in the kind and size of
tree determined by the Project Manager.
Where there is a difference in value between the tree lost and the
replacement tree, this difference will be deducted from the Contract
payment. In all cases, the value ofthe tree lost shall be determined by
the Project Manager using the latest "Plant Finder" value
determination.
4.6.3.2.3 All trees that have died or have been blown or knocked over are to be
reported immediately upon discovery to the Project Manager.
4.6.3.2.4 With prior approval from the Project Manager, it is the Contractor's
responsibility to remove and properly dispose of all dead or injured
trees and/or weed trees such as but not limited to Florida Holly or
Melaleucana or Australian Pine. Contractor shall set and support trees
that have been knocked or blown over.
4.6.3.2.5 The Contractor shall be responsible for removing all graffiti. signs,
posters, boards, supports and any other material(s) attached or fastened
to trees, or from elsewhere on the project site, as directed by the
Project Manager.
4.6.4 Weed Control
4.6.4.1 All landscape areas within the specified area, including lawns, shrub and ground
cover beds, planters, and areas covered with concrete, pavers, gravel or shell,
shall be kept free of all weeds at all times. All concrete areas on medians,
curbing around medians and along swales and all sidewalks are included with
each project site. This means complete removal of all weed growth shall be
accomplished at each service visit. For the purpose of this specification, a
weed will be considered as any undesirable or misplaced plant. Weeds shall be
controlled either by hand, mechanical, or chemical methods. The Project
Manager may restrict the use of chemical or mechanical weed control in certain
areas. Mechanical weed control shall not disturb the mulch layer so as to expose
the underlying soil
4.6.4.1.1 Weeds in turf areas N/A.
4.6.4.1.2 Weeds are to be manually removed from shrub, hedge, ground cover
or flower beds, unless chemical or mechanical means are specifically
authorized by the Project Manager. Persistent weed growth such as
the growth of sedges shall be killed with "round up" whenever
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GROUNDS MAINTENANCE SERVICE
BID # 00-09/10
possible.
4.6.4.1.3 Weeds are to be removed from walkways, curbs, expansion joints, and
along fence lines and guardrails at each service or as otherwise
directed by the Project Manager.
4.6.4.2. If infestations cannot be controlled by hand-pulling, or herbicide use will
damage or kill the shrubs or ground-covers, the bed may be excavated, after
removing all plants. Then, weeds may be destroyed before replanting by any of
the following methods:
4.6.4.2.1 Sterilize the soil, or
4.6.4.2.2 Allow weeds to reestablish a vegetative top and treat with a systemic
herbicide, at least two (2) applications, about two (2) weeks apart, or
until there is a 90% kill.
4.6.4.2.3 After the kill, apply, immediately after replanting, apre-emergent
herbicide, such as Treflan or prior to replanting a ground cover fabric.
4.6.4.3 If it is determined by the City that the Contractor responsible for maintenance
allows weed infestations to spread beyond the ability to control them, then the
removal, treatment, and replacement of the planting bed shall be done as
described above by the Contractor at no cost to the City. Soil which exhibits
significant weed growth within one (1) month after planting, (20% ground
coverage of the bed by weeds) shall be considered as previously weed-infested.
4.6.5 Litter. Control
4.6.5.1 Contractor Generated Trash: The Contractor shall promptly remove all debris
generated by his pruning, trimming, weeding, edging, and other work required in
the specifications. Storm drains shall be kept clear and free of debris and mulch.
Debris must be disposed of at an authorized site for commercial use.
Neighborhood trash transfer stations or road side piles are not considered
authorized sites. The Contractor shall clean driveways and paved areas with
suitable equipment immediately after working in them. All cuttings are to be
removed on same day as cut.
4.6.5.2 Litter Removal: Litter removal to be removed from all ,landscape beds, walk
ways and all hard surfaces at each regularly scheduled full service visit (52
annually). Litter removal within the water features/garden to include all floating
liter, debris and organic materials at each regularly scheduled full service visit
(52 annually).
4.6.5.2 Litter Removal: In addition to the litter removal on regularly scheduled full
service visits, the Contractor shall be responsible for litter removal on (TBD)
4.6.6 Fertilization and Soil Testing
The fertilizer used shall be a commercial grade product and recommended for use on
each plant type. Specific requirements should be determined by soil test results, soil
THREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
BID # 00-09/10
type, and time of year. Applications shall proceed continuously once begun until all
areas have been completed. In the event fertilizer is thrown on hard surfaces, it shall be
removed immediately to prevent staining.
Contractor shall have the soil tested one time per year to determine required additives,
and more often if necessary to diagnose problem areas. Apply Lime or Sulfur as required
to adjust pI-i. The Contractor shall provide the City with annual fertilization schedules at
the beginning of each contract year and shall inform the Project Manager at least three
(3) days in advance before beginning any fertilization. Fertilization shall be done during
the first two weeks of April, the first two weeks of July and the last two weeks of
October.
4.6.6.1 Turf-N/A
4.6.6.2 Groundcover, & Shrubs
Shrub and groundcover areas that contain palms shall be fertilized three (3) times per
year with "Palm Special Fertilizer" with the formulation of 8N-2P205-12K20 +4Mg with
micronutrients. 100% ofthe N, K, and Mg must be slow release with micronutrients in a
water soluble form, applied according to label rates. Applications to be made during the
first two weeks of April, the first two weeks of July and the last two weeks of October.
The fertilizer for all planted shrubs and groundcovers shall a complete, slow
release fertilizer with minor elements; with an N, P, K ratio of 3:1:2, unless
soil conditions or plant species dictate differently, with at least 60% of the
nitrogen from anon-water soluble organic source.
All shrubs and groundcovers shall be fertilized by broadcasting by hand over the
beds three (3) times per year. Applications to be made during the first two weeks
of April, the first two weeks of July and the last two weeks of October.
The Contractor shall establish a program that will fertilize all shrubs and
groundcover, describing the type of fertilizer required for each type of plant and
the time of year this work will be undertaken. A copy for approval of the
fertilization schedules shall be provided to the City no less than one (1) month
prior to application. Any plants damaged by over-fertilization or nutrient
deficiencies :shall be replaced at the Contractor's expense. Changes in
fertilization rates, methods and composition must be approved by the City in
writing.
4.6.6.3 Fertilization Trees, & Palms
The fertilizer for all the planted trees shall meet proper horticultural standards
with a complete fertilizer with a N, P, K ratio of 3:1:2 or 3:1:3 (e.g. 12-4-8 or
15-5-15, unless soil conditions or plant species dictate differently, with at least
60% of the nitrogen from anon-water soluble organic source.
THREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
BID # 00-09/10
All Trees 5" caliper or under shall be fertilized three times yearly:
February, June and October using a complete, slow release fertilizer with
minor elements; appling 1 pound of Nitorgen per 1000 square feet of area of
root zone (drip line plus 50%).
All palms shall be fertilized four (4) times per year; every three (3) months;
durning the first week of January, April, July and October applying "Palm
Special Fertilizer" with the formulation of 8N-2PZ0g-12K20 +4Mg with
micronutrients. 100% of the N, K, and Mg must be slow release with
micronutrients in a water soluble form. The fertilizer shall be broadcast
evenly under canopy area at a rate of 1.5 lbs of fertilizer (not N) per 100 sq.
ft.
The Contractor shall establish a program that will fertilize all trees and palms,
describing the type of fertilizer required for each type of plant and the time of
year this work will be undertaken. A copy for approval of the fertilization
schedules shall be provided to the City no less than one (1) month prior to
application. Any trees damaged by over-fertilization or by the use ofwrong type
of fertilizer shall be replaced at the Contractor's expense. Changes in fertilization
rates, methods, and composition must be approved by the City in writing.
4.6.7 General Use of Chemicals
The Contractor shall submit a list of all chemical herbicides and pesticides proposed for
use under this Contract for approval by the Project Manager, including MSDS sheets for
each item. Materials included on this list shall be limited to chemicals approved by the
State of Florida, the Department of Agriculture, and the Florida Department of
Transportation, and shall include the exact brand name and generic formulation. The use
of any chemical on the list shall be based on the recommendations of and be performed
under the direction of a Certified Pest Control Operator. No chemical herbicide or
pesticide shall be applied until use is approved, in writing, by the Project Manager as
appropriate for the purpose and area proposed.
4.6.8 Disease and Pest Control
To control or eradicate infestations by chewing or sucking insects, leafminers, fire ants,
and other pests and diseases, spray affected plants with chemical sprays and
combinations of sprays suitable for that particular pest when the infestation or infection
becomes evident and as often thereafter as necessary. Contractor shall be fully licensed
to spray pesticide. Contractor shall use sound cultural practices that aid in preventing the
presence or proliferation of insect and diseases. Insects in Zoysia grass shall be
controlled by both curative and preventative measures. Timing will be critical on mole
cricket applications and frequencies of application will be as needed to successfully
control their infestations. Nematode samples will be taken at least one (1) time each
year and action shall be taken per the recommendation of the IFAS lab results to control
the populations This lab report shall be submitted to the City for their review as soon as
it is received.
THREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
BID # 00-09/10
4.6.9 Application of Herbicides and Insecticides
Contractor may apply various herbicides by means of spray type devices to aid in the
control of unwanted weeds and vegetation. All applications shall be performed by
persons holding a valid herbicide application license as issued by the State ofFlorida and
shall be done in accordance with the herbicide manufacturer's recommended rates and all
applicable Federal, State, County and Municipal regulations. Herbicides may be used
only with prior approval by the City as to type location, and method of application.
4.6.9.1 The Contractor shall exercise extreme care so as not to over spray and effect
areas not intended for treatment.
Areas adversely affected by such over spray shall be restored by the Contractor
at his expense.
4.6.9.2 The Contractor shall advise the Project Manager within four (4) days after
disease or insect infestation is found. He shall identify the disease or insect and
recommend control measures to be taken, and, upon approval of the Project
Manager, the Contractor shall supply and implement the approved control
measures, exercising extreme caution in application of all spray material, dusts
or other materials utilized. Approved control measures shall be continued until
the disease, or insect is controlled to the satisfaction of the Project Manager.
4.6.9.3 When a chemical is being applied, the person using it shall have in their
possession all labeling associated with the chemical. Also, the chemical shall be
applied as indicated on the said labeling. A specimen label and the Material
Safety Data Sheet for each product shall be supplied to the City.
4.6.9.4 All insecticides shall be applied by an operator licensed pursuant to Chapter 487
of the Florida Statutes. The operator shall have the license/certification in his or
her possession when insecticides are being applied. The implementation of
control measures for pests and disease infestations shall be in strict compliance
with all federal and local regulations. Upon request, the Contractor shall furnish
documentation of such compliance.
4.6.9.5 The spraying of insecticides and other such chemicals are to be confined to the
individual plant. Spraying techniques which may introduce the material being
sprayed beyond the immediate area of the individual plant are strictly prohibited.
4.6.9.6 Spray or dust material on foliage only during calm days. Do not apply when
leaves are wet, when rain is expected within 3-4 hours after spraying, or when
temperatures exceed 88 degrees Fahrenheit. Spray at times when traffic is
lightest (i.e., early mornings or weekends). Use aspreader-sticker to aid in
adherence and absorption of the material. Wash material off of pavements and
buildings immediately after applying.
4.6.9.7 The Contractor shall utilize all safeguards necessary during disease or insect
control operations to ensure safety to the public and the employees of the
Contractor.
4.6.9.8 Copies of Current Material Safety Data Sheets (MSDS) for all chemicals used
THREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
BID # 00-09/10
for pest control under this Contract shall be provided to the Project Manager
before the use of said chemicals_
4.6.10 Verticutting, Aeration and Topdressing-N/A
4.6.11 Turf Renovations-N/A
4.6.12 Irrigation System Maintenance and Watering
Contractor will be responsible for the operation and maintenance of the automatic/
manual irrigation systems and for setting and adjusting the timer to insure proper
watering of all plant material in the landscape.
Contractor will be responsible under this agreement for the parts, labor and supervision
to make irrigation repairs to the lateral line, risers and sprinkler heads up to one inch (1 ")
in diameter as required to keep the system operating. Major repairs to main lines, valves,
pumps and in-take piping shall be reimbursed by the City. Reimbursable repair work
shall require authorization by the City prior to commencement.
Prior to commencement of the maintenance program, the Contractor shall have twenty-
five (25) days from start of contract to inspect the irrigation system and report present
damage or incorrect operation and coverage to the City. The Contractor will be
responsible for the integrity of the system after this initial inspection report and
subsequent repairs.
The timers shall be checked once a week or more frequently as may be required.
The Contractor will also, at least once a month, fully operate all the irrigation zones and
replace, repair or clean all irrigation heads, lines, valves, valve boxes, filters and
controllers as needed. Any equipment damaged by the Contractor's operation shall be
replaced with the same equipment and by the same manufacturer.
Grass shall be cut back around all irrigation heads and valve boxes at each service
to keep them clearly visible and fully operational.
The irrigation shall be capable of providing 1" of water to all lawns and shrub beds each
week or as often as required to provide for a uniform lush green landscape appearance.
System shall be adjusted during the various seasons. All irrigation systems must be
turned off when ever a severe storm warning (Tropical Storm or Hurricane) is issued.
The Contractor shall be required to make all repairs within a minimum 24 hour time
period or sooner as directed by the City's representative. Any form of damage to the
irrigation system must be reported to the City's representative immediately upon
discovery.
Irrigate as necessary during of little or no rainfall using the automatic imgation system
and any supplemental watering necessary to apply proper amount of water to keep the
THREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
BID # 00-09/10
plant material in optimum health. Under normal conditions; irrigate deep and
infrequently (2 - 3 times weekly) to promote a good root system. Water early mornings
within SFWMD watering restriction guidelines. Avoid watering in the evenings. Fines
resulting from the violation of SFWIVID and/or local government imposed watering
restrictions shall be the sole responsibility of the Contractor
Supplemental watering may be required as needed to compensate for wind drift,
temperature extremes, inadequate irrigation coverage, establishment ofnew landscaping
and/or applications of fertilizers and/or pesticides, etc. Supplemental watering may
require a large portable water tank, impact sprinklers, and additional hose to be supplied
by Contractor.
The Contractor is required to ensure adherence to all local watering restriction
ordinances. It will be the responsibility of the Contractor to pay Fines levied due to
lack of compliance.
A written irrigation schedule will be provided by the Contractor and any operation of
irrigation outside the previously approved scheduled time must have the advance
approval of the City.
Contractor shall be responsible for controlling the amount of water used for irrigation
and any damage or costs that result from over-watering or insufficient watering shall be
the responsibility of the Contractor.
4.6.13 Watering
During periods when the irrigation system is not operational, either due to breakdown of
the system, or an extended electric power failure, it shall be the responsibility of the.
Contractor to provide adequate water to maintain the landscape.
4.6.14.1 Supply of water suitable for irrigation shall be the Client's responsibility.
Distribution of the water to the plants shall be the responsibility of the
Contractor. Contractor shall use hand watering, water trucks, portable
pumps, etc. as required to distribute the water.
4.6.14.2 Apply water in quantities and at intervals necessary to maintain the plants in
a healthy growing condition.
4.6.14 Irrigation System
Shall be constantly maintained and adjusted to insure that no water from the system hits
the road or other hard surface.
4.6.15 Mulching Beds
4.6.15.1 Rye lenish mulch in shrub beds as required to cover areas of bare soil,
especially at the edge of the bed and in places where the shrub canopy has not
grown together to shade the soil. Add mulch around tree trunks in sod areas.
THREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
BID # 00-09/10
Mulch shall be added as required to maintain a constant three (3) inches
thickness. Do not pile against tree trunks and shrub stems.
4.6.15.2 Use Amerigrow Recycling's shredded "round -wood" mulch "Pine Bark
Brown" color. Grade "A" Cypress mulch, Melaleuca mulch or other mulches
may be used as designated and approved by the City.
4.6.16 Sand Removal /Policing:
Cleaning of debris within the confines ofthe site by blowing, sweeping, or vacuuming or
other means must be performed as required to keep paved, bricked or concrete surfaces
clean and neat at all times. Debris shall not be directed in to the road way or storm
drains.
4.6.17 Skinned Areas (NOT USED)
4.6.18 Frequency of Services
Frequencies for the sites and services described herein are based upon normal
circumstances. Individual, several and/or all services to a site or sites may be added at an
agreed upon price, or deleted due to natural disaster, excessive rain, disease, drought,
fire, vandalism, accident, insufficient funds and/or any other reason at the sole discretion
of the Owner.
52 Full Service Visits Annual Schedule: Schedule 52 service visits annually according
to the following: service visits to be performed weekly at minimum to complete the
outlined work.
30 Full Service Visits Annual Schedule: - N/A
34 Full Service Visits Annual Schedule: - N/A
12 Full Service Visits Annual Schedule: - N/A
4.7 PERFORMANCE CONTROL AND INSPECTIONS
4.7.1 Maintenance Quality
The quality objective of all services and materials provided by Contractors in accordance
with conditions and specifications herein, is to maintain and service various listed sites,
and to keep them in a healthy, growing, clean and attractive condition throughout the
year.
4.7.2 Maintenance Standards, Frequencies, Work Method
All work shall be performed in accordance with the highest professional maintenance
standards and horticultural techniques. Frequencies set for certain repetitive
maintenance functions and tasks in specifications are minimum frequencies, which must
be increased, if necessary to achieve the Quality Objective.
THREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
BID # 00-09/10
All work is to be completed in a continuous manner. That is all litter removal, weed
control, trimming etc. shall be completed before leaving the job site
Standard and frequencies may be modified from time to time by the City of Miami Beach
Assistant Director of Parks and Recreation or designated representative as necessary to
assure proper maintenance to achieve the Quality Objective.
All work shall be done in a thorough and workmanlike manner under competent
Contractor supervision to the satisfaction of the City of Miami Beach Assistant Director
of Parks and Recreation or designated representative .
The Contractor shall have the exclusive duty, right, and privilege to perform Grounds
Maintenance and Services, as specified herein.
4.7.3 Inspections
4.7.3.1 The Contractor's Representative shall perform maintenance inspections daily
during daylight hours of all sites assigned for the day. Inspections by City of
Miami Beach Greenspace Management Personnel shall provide continuing
inspection of the sites to insure adequacy of maintenance and that methods of
performing the work are incompliance with these specifications. Discrepancies
and deficiencies in the work shall be brought to the attention of the Contractor's
Representatives in writing, directly by the City of Miami Beach Project
Manager, and shall be corrected by the Contractor immediately.
4.7.3.2 The City of Miami Beach Project Manager and the Contractor's Manager shall
meet on the sites once a month, or more frequently at the discretion of the
Project Manager, for awalk-through inspection. The meeting shall be at the
convenience of the City of Miami Beach. All on-going maintenance functions
shall be completed prior to this meeting.
4.7.4 Deficiency/Cure Notices and Corrective/Termination Process:
If the Project Manager determines that there is/are deficiency(s) by the contractor in the
performance of the contract, the Project Manager will notify the Contractor and the
Procurement Director ofthe deficiency(s) in writing. The Procurement Director will send
a Cure Notice to the Contractor requesting that they provide in writing within seven (7)
calendar days ofnotification, any/all actions proposed to betaken inorder tocorrect/cure
the identified deficiency(s).
If all parties (Project Manager, Contractor and Procurement Director) agree that actual
damages/deficiencies would require more than seven (7) calendar days tocorrect/cure, a
reasonable time frame, in writing, will be determined based on a "meeting ofthe minds"
between the Project Manager and the Procurement Director for the identified
deficiency(s).
Should the Procurement Director issue two (2) Cure Notices for the same deficiency(s),
or a total of three (3) Cure Notices within a twelve (12) month period, the City may
exercise its right to proceed with the Termination of this contract.
THREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
BID # 00-09/10
SEE PAGE 16, SECTION 1.57 -TERMINATION FOR DEFAULT
4.7.5 City of Miami Beach Right to Correct Deficiencies
Additionally, and notwithstanding the above provision, the City has the right to move on
site with City forces or private Contractors to correct deficiencies seven (7) calendar
days after notification in writing, by the City of Miami Beach Parks and Recreation
Department Director, or his designee.
If, in the sole discretion or judgment of the Project Manager, the Contractor and/or his
employee(s) are not properly performing the services required under the Contract, then
the Contractor and/or all employees may be temporarily replaced by City personnel and.
payment to be made by the City maybe suspended while the matter is being investigated.
Total costs incurred by completion of the work by the City will be deducted and
forfeited from the payments to the Contractor from the City.
This section shall not be construed as a penalty, but as an adjustment of payment to
Contractor for only the work actually performed, and accepted by the City, and the
recovering of City costs from the failure of the Contractor to complete or comply with
the provision of the Contract.
4.7.6 Quality Control -Performance Reports
Completion of Work: Within 24 hours of completing work the Contractor shall notify
the Parks and Recreation Supervisor assigned to monitor the contract by fax or email of
said completion
Inspection and Approval -Upon receiving notification from the Contractor, the City
shall inspect the serviced location within 48 hours. If, upon inspection, the work
specified has not been completed, the City shall contact the Contractor to indicate the
necessary corrective measures. The Contractor will be given 48 hours from this
notification to make appropriate corrections. If the work has been completed
successfully then the City will pay for services billed.
The Contractor shall submit to the City Project Manager a report of his performance for
the preceding month, under terms ofthe Contract. These reports shall be postmarked no
later than the fifth (5~') day of each month following the month in which services were
performed. Failure to do so shall result in delay of payment until this requirement is
fulfilled.
4.8 SCHEDULING
4.8.1 Contractors shall accomplish normal landscape maintenance required under the Contract
during daylight hours. The City Project Manager may permit night scheduling on an
individual function or task basis.
4:8.2 Contractor shall schedule and conduct the work at times and in a manner which shall not
interfere with normal pedestrian traffic on adjacent sidewalks or vehicular traffic on
adjacent streets, and shall not cause annoyance to residents near the site or users of the
THREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
BID # 00-09/10
site. During periods of peak rush hour traffic, the Contractor will not block or impede
arterial or collector streets.
4.8.3 All work shall be scheduled and completed in a continuous manner, that is, other than a
holiday or non-work day in order to maintain the site in a uniform manner.
4.8.4 Contractor shall not work or perform any operations during inclement weather which
may destroy or damage landscaped areas.
4.8.5 Contractor shall recognize that during the course of the Contract, other activities and
operations may be conducted by City work forces and other Contractors. These
activities may include but not be limited to landscape refurbishment, irrigation system
modification or repair, construction and storm related operations. The Contractor may be
required to modify or curtail certain operations without decreased compensation and
shall promptly comply with any request by the Project Manager. In the event a Site or
part of a Site becomes unavailable for servicing by the Contractor, the Project Manager
may temporarily delete the Site or part of the Site and compensation to the Contractor
will be decreased.
4.8.6 Contractor shall, during the hours and days of operation, respond to all emergencies by
taking the appropriate/required action within two (2) hours. See Section 3.5 -
Disaster Response
4.8.7 Contractor shall have completed all Landscape Maintenance functions prior to the
scheduled maintenance inspection.
4.9 ADDITIONAL WORK
The Project Manager may, at his discretion authorize the Contractor to perform additional work,
including, but not limited to, mowing, trimming, weeding, edging, litter pickup, repairs and
replacements ("grounds maintenance service type work under normal circumstances") when
the need for such work arises. The Project Manager will request quote(s) from the contractor
which may be negotiated as required to obtain a fair and reasonable price. Should negotiations be
unsuccessful, the Project Manager may request quotes from other contractors for the additional
work.
Should additional work be required due to extraordinary incidents/circumstances such as
vandalism, acts of God, and/or third party negligence, the City will pay the contractor based on
the hourly labor rate specified on the Bid Proposal. See Section 3.5 -Disaster Response.
Prior to performing any additional work, the contractor shall prepare and submit a written
description of the work with a cost estimate/price quote to the Project Manager. No work shall
commence without the written authorization from the Project Manager.
Not withstanding the above authorization, when a condition exists wherein there is imminent
danger of injury to the public or damage to property, the Project Manager may verbally authorize
the work to be performed upon receiving a verbal estimate from the Contractor. However, within
24 hours after receiving a verbal authorization, the Contractor shall submit a written
estimate/quote to the Project Manager for the required approval.
THREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
BID # 00-09/10
4.10 BID SUBMITTAL
In addition to the documentation and information requested herein, the Bidders shall submit the
following information with their bid, or within five (5) calendar days upon request:
4.10.1 Company Profile
A profile describing the organization represented by the bidder must be furnished with
the bid submittal. This will include:
* Company history and present organization;
* Name of Principal or Owner(s);
* Name of Affiliates, Subsidiaries, etc.;
* Years of company experience under present ownership;
* The local office address and phone number from which account would be
administered;
* History of local office, including opening date;
* Normal hours of operation of local office;
* Name of person in charge of local office;
* Number of maintenance personnel in the south Florida area normally available to
emergency calls;
* List of all services company is capable of providing.
4.10.2 Personnel
* Provide an organizational chart of entire structure that is proposed to service
account;
* Provide resumes of key management personnel;
* List job descriptions for all positions in the organization described in #1 above;
* Include description of proposed uniforms;
* Provide your overall employee policy and training program;
* Provide outline of safety program.
4.10.3 Turf Maintenance
* List proposed fertilizer type and rate for each turf type and other specific nutrient
additives;
* List proposed application schedule (annual basis);
* Describe proposed mowing schedule and procedures;
* Describe proposed preventative pest management program.
4.10.4 Tree and Palm Maintenance Program
* Provide type(s) of fertilizer and rates proposed for general use, and other specific
nutrient additives;
* List proposed application schedule (annual basis);
* Describe proposed pruning schedule and procedures;
* Describe proposed preventative pest management program.
4.10.5 Shrub and Ground Cover Maintenance Program
* Provide type(s) of fertilizer and rates proposed for general use, and other specific
nutrient additives;
* List proposed application schedule (annual basis)
THREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
BID # 00-09/10
* Describe proposed pruning schedule and procedures;
* Describe proposed preventative pest management program.
4.10.6 Irrigation Maintenance Program
* Describe preventative maintenance program.
4.10.7 Equipment Specifications.
* . List all tools, equipment (including manufacturer) and quantities of each type
that be proposed to perform maintenance.
4.10.8 Bidder's Supplement
* Copies of all applicable licenses, permits, etc. required perform the services;
* List of clients with specialty turf types the bidder currently has, along with
contact information;
* .Miscellaneous Information -this section of the proposal should include any
additional information about the services or bidder that is not addressed
elsewhere in the proposal.
4.10.9 Schedule of Values (see page --)
THREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
BID # 00-09/10
Bid Proposal Page 1 of 3
COMPANY NAME:
We propose to furnish all labor, tools, equipment, transportation, permits, licenses, services and
incidentals necessary in order to provide Grounds Maintenance for the City of Miami Beach, in
accordance with Bid Specifications, as follows:
Item # Project Description Cost per
Service # Services Cost Per Year
1 1100 block of Lincoln Road $ 52 $
ANNUAL GRAND TOTAL: $
Not to Exceed (NTE) Hourly Labor Rates (for Work other than specified herein, at the direction of the City)
SEE SECTION 4.9 -ADDITIONAL WORK
Item # Job Classification NTE Hourly Rate
2 Hourly rate per Contractor Regular time: $
Representative
Overtime:
$
3 Hourly rate per Regular time: $
Laborer/Groundskeeper
Overtime:
$
4 Hourly rate per Irrigation Regular time: $
Technician
Overtime:
$
5 Hourly rate per Large Equipment Regular time: $
Operator
Overtime:
$
6 Hourly rate per Regular time: $
Supervisor/Foreman
Overtime:
$
7 Hourly rate per Climber Regular time: $
Overtime: $
8 Hourly rate per Certified Arborist Regular time: $
Overtime: $
9 Hourly rate per Pest Control Regular time: $
Technician
Overtime:
$
NOTE: THE CITY RESERVES THE RIGHT TO NEGOTIATE THESE NOT TO EXCEED (NTE) HOURLY LABOR RATES
FROM THE SUCCESSFUL BH)DER(S). SHOULD NEGOTIATIONS BE UNSUCCESSFUL, THE CTI'Y RESERVES THE RIGHT TO
THREE YEAR CONTRACT TO PROVIDE
" GROUNDS MAINTENANCE SERVICE
BII) # 00-09/10
REQUEST AND NEGOTIATE HOURLY LABOR RATES FOR ANY/ALL ADDITIONAL WORK .FROM OTHER CONTRACTORS.
THREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
BID # 00-09/10
Bid Proposal Page 2 of 3
COMPANY NAME:
Materials (for Materials not specified herein, to be installed at the direction of the City)
Item # Description Unit Price Installed
10 Cypress Mulch $ /cubic yard
11 Seasonal Color $ /each
12 Percentage above wholesale to provide and install 1 gal. to 45 gal.
plant
$ %
13 For all other materials not specified, Contractor shall furnish at
vendor cost. VENDOR COST
NOTE: AS IT RELATES TO ITEM #20 ABOVE, THE CITY RESERVES THE RIGHT TO NEGOTIATE
THESE COSTS TO~INSTALL PLANT MATERIAL AND TREES UP TO 45 GALLON CONTAINERS
FROM THE SUCCESSFUL BIDDER(S). SHOULD NEGOTIATIONS BE UNSUCCESSFUL, THE CITY
RESERVES THE RIGHT TO REQUEST AND NEGOTIATE THIS COSTS/FEE FROM OTHER
CONTRACTORS.
SCHEDULE OF VALUES
Provide unit price/price per service for the services listed below. These prices may be utilized by the City during
ne otiations, should additional/deleted services be re aired.
SERVICE UNIT PRICE ANNUAL
SERVICES PRICE PER
SERVICE PRICE PER YEAR
Shrub Pruning $ 12 $ $
Groundcover Pruning $ 12 $ $
Tree and Palm Pruning $ 2 $ $
Weed Control $ 52 $ $
Litter Control $ 52 $ $
Shrub and
Groundcover
Fertilization $ 4 $ $
Tree and Palm
Fertilization $ 4 $ $
THREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
BID # 00-09/10
Bid Proposal Page 3 of 3
PAYMENT TERMS: NET 30. If other, specify here
ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE
CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE.
SUBMITTED BY:
COMPANY NAME:
SIGNED:
(I certify that I am authorized to execute this proposal and
commit the bidding firm)
Bidders must acknowledge receipt of addendum (if applicable).
Amendment No. I
Insert Date
Amendment No. 2:
Insert Date
Amendment No. 3:
Insert Date
NAME/TITLE(Print):
ADDRESS:
Amendment No. 4:
CITY/STATE: ZIP:
TELEPHONE NO:
FACSIMILE NO:
Insert Date
FEDERAL I.D.#:
THREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
BID # 00-09/10
CUSTOMER REFERENCE LISTING
Bidder's shall furnish the names, addresses, and telephone numbers of a minimum of six (6) firms or
government organizations for which the Contractor is currently furnishing or has furnished, similar
services. (See "2.18 References", page 24, and "Minimum Requirements, page 2)
1) Company Name
Address
Contact Person/Contract Amount
Telephone No. Fax No.
2)
3)
4)
Company Name
Address
Contact Person/Contract Amount
Telephone No.
Company Name
Address
Contact Person/Contract Amount
Telephone No.
Company Name
Address
Contact Person/Contract Amount
Telephone No.
Fax No.
Fax No.
Fax N
5) Company Name
Address
TIIREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
BID # 00-09/10
Contact Person/Contract Amount
Telephone No. Fax Na
CONTRACTOR'S QUESTIONNAIRE
NOTE: Information supplied in response to this questionnaire is subject to verification.
Inaccurate or incomplete answers may be grounds for disqualification from award
of this bid.
Submitted to The Mayor and City Commission of the City of Miami Beach, Florida:
By
Principal Office
How many years;has your organization been in business under your present business name?
Does your organization have current occupational licenses entitling it to do the work contemplated in this
Contract?
State of Florida occupational license -state type and number:
Dade County certificate of competency -state type and number:
Expiration Date:
Include copies of above licenses and certificates with proposal.
Have you ever had a contract terminated due to failure to comply with contractual
specifications?
If so, where and why?
In what other lines of business are you financially interested or engaged?.
CONTRACTOR'S OUESTIONNAIRE (CONTD.)
THREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
BID # 00-09/10
Give references as to experience, ability, and financial standing
What equipment do you own that is available for the proposed work and where located?
Please list the names and addresses of subcontractors to be used, if any.
Vendor Campaign Contribution(s):
a. You must provide the names of all individuals or entities (including your sub-consultants) with a
controlling financial interest. The term "controlling financial interest" shall mean the ownership,
directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a
direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation,
partnership, business trust or any legal entity other than a natural person.
b. Individuals or entities (including our sub-consultants) with a controlling financial interest:
have have not contributed to the campaign either directly or indirectly, of a
candidate who has been elected to the office of Mayor or City Commissioner for the City of
Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom said
contribution was made.
CONTRACTOR'S QUESTIONNAIRE (CONTD.)
THREE YEAR CONTRACT TO PROVIDE
GROUNDS MAINTENANCE SERVICE
BII) # 00-09/10
I HEREBY CERTIFY that the above answers are true and correct.
SEAL)
(SEAL)