HomeMy Public PortalAbout2007 Agreement.tifRESOLUTION NO. 2007-11
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING
AND APPROVING LANDSCAPE SERVICES AGREEMENT
BETWEEN VALLEYCREST LANDSCAPE MAINTENANCE,
INC., ("VALLEYCREST") AND THE VILLAGE OF KEY
BISCAYNE, PROVIDING FOR THE VILLAGE TO OBTAIN
THE SERVICES OF VALLEYCREST FOR MAINTENANCE
OF LANDSCAPING OF VILLAGE GREEN AND VILLAGE
PLAYING FIELDS, INCLUDING PLAYING FIELD AT THE
ST. AGNES CATHOLIC CHURCH AND PLAYING FIELD AT
THE KEY BISCAYNE COMMUNITY SCHOOL;
AUTHORIZING IMPLEMENTATION OF AGREEMENT;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Village Manager has recommended that the firm of VALLEYCREST
LANDSCAPE MAINTENACE, INC., (THE "VALLEYCREST") be utilized by the Village for the
purpose of providing landscaping maintenance services at the Village Green and at playing fields
utilized by the Village at the St. Agnes Catholic Church and Key Biscayne Community School as
described herein; and
WHEREAS, the Village Council finds, upon advice from the Village Attorney, that the
Village Council is authorized to waive competitive bidding for the landscape services pursuant to
Section 2-85 of the Village Code, upon the Village Council hereby finding that it is impractical to
apply competitive bidding procedures in light of the need to expeditiously proceed with a
continuation of playing field landscape maintenance services resulting from the cessation of
business activities by the Village's former landscape maintenance service provider ; and
WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed
as indicated in this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted
and confirmed.
Section 2. Agreement Approved. That the Village Manager is hereby authorized
to enter into the Landscape Services Agreement with VALLEYCREST, in substantially the form as
attached hereto, and such Agreement is hereby approved, subject to approval of the Village Attorney
as to form and legal sufficiency.
Section 3.
Specification of Funds. That the fund amount and source for the services
described herein are hereby authorized and approved as described in the Memorandum of the Village
Manager which accompanies this Resolution.
Section 4. Implementation. That the Village Manager is hereby authorized to take
any and all action necessary to implement the purposes of this Resolution and the Agreement.
Section 5. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof.
PASSED AND ADOPTED this 10th day of April, 2007.
. 'Z-d/eV1
NCHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO
VILLAGE AT ORN
AND LEGAL SUFFICIENCY:
MAYOR ROBERT L. VERNON
F:\100\103001\Resolutions\Ap. a mg Landscape Services Agreement with ValleyCrest (03-27-07).doc
44
March 27, 2007
LANDSCAPE MANAGEMENT AGREEMENT
Village of Key Biscayne
Parks and Recreation
10 Village Green Way
Key Biscayne, FL 33149
SECTION 1 -DEFINITION
The following Landscape Management Agreement establishes the standard for grounds
maintenance for Village of Key Biscayne, Parks and Recreation located 10 Village Green
Way, Key Biscayne, FL 33149. This standard outlines an efficient and horticulturally sound
program of the highest quality, promoting the healthy growth of turf and plant material while
ensuring the continual neat appearance of the site. This Agreement shall be in effect for the
period of April 1, 2007 to March 31, 2008, unless terminated pursuant to Section III. of the
Terms and Conditions. At the expiration of the term, this Agreement may be renewed by
mutual written agreement.
The prices stated under this Agreement are binding unless Owner/Client fails to accept this
Agreement within 30 days from the date on which it was submitted by Contractor.
SECTION 2 — CONTRACTOR'S PERSONNEL
2.1 ValleyCrest Landscape Maintenance, Inc. ("the Contractor") shall designate a
qualified representative with experience in the services being provided. This
representative will be knowledgeable in horticulture, agronomy and landscape
management.
The Contractor shall have properly trained personnel on site to ensure that all
operations are performed safely and effectively.
All Contractor personnel shall be in uniform and look presentable at all times.
A representative of ValleyCrest Landscape Maintenance, Inc. shall be available for site
walk-through's with the property manager, and encourages this to be done on a
monthly basis.
SECTION 3 -SCOPE OF WORK
3.1 The Contractor shall provide all necessary labor, material, equipment, and fully -
trained supervisory personnel to properly maintain all developed landscaped areas
within the contract limits.
0
4
SECTION 4 -TURF MANAGEMENT
4.1 GENERAL:
A. Turf shall be cut at a height of 3-4" as conditions dictate using a rotary -type
mower. When Bermuda grass is used, a separate set of specs will be
provided. Blades will be balanced and sharpened as needed.
B. The total number of mowings in this agreement is 80.
C. Clippings shall be removed from all paved and mulched surfaces after each
mowing.
D. Trimming around trees, shrubs, signs and foundations shall be performed with
each mowing. Work shall be performed using hand tools or mechanical
devices to present a neat and manicured appearance.
4.2 EDGING:
A. All accessible curbing shall be edged using mechanical methods 80 times
per year.
B. All accessible concrete walks shall be edged using mechanical methods 80
times per year.
C. All dirt and debris resulting from edging operations shall be removed from
curbs, walks, driveways and patios.
SECTION 5 -SHRUB AND FORMAL HEDGE MANAGEMENT
5.1 PRUNING:
A. All shrubs shall be pruned 12 times per year. Care shall be taken not to remove
too much of the flowering surface branches when pruning. Pruning
Page 2 of 9
shall include the removal of wood that is dead, diseased or infested with
insects. Suckers, shoots and irregular growth shall also be removed.
B. Hand -pruning shall be utilized as necessary for certain shrubs. All other
pruning shall be performed by mechanical hedge trimmers.
5.2 WEED CONTROL:
A. Physical removal and post -emergent weed control such as Round -Up shall be
used in treating problem weed areas and weeds that appear in bed areas and tree
rings. Care shall be taken to prevent damage to plant material and turf areas.
B. All paved areas, beds and tree rings shall be sprayed 12 times per year, to the
contract to control weed populations.
SECTION 6 -LANDSCAPE TREE MANAGEMENT
6.1 PRUNING:
A. All dead palm fronds up to 12' shall be removed as needed while the property
is being pruned. All palms should be formally trimmed every year, and is a
service that is strongly recommended by ValleyCrest Landscape
Maintenance. This annual tree trimming will be at an additional cost to this
agreement.
B. Low hanging branches on trees shall be lifted to a height of 8', four times
throughout the year.
SECTION 7 -FERTILIZATION
7.1 TURF APPLICATIONS
A. All turf areas shall be fertilized 12 times per year with the proper blend for
each season.
B. Herbicides shall be added to the fertilizer for 1 application during the winter
season to assist in the reduction of the weeds.
C. Insecticide shall be added to the fertilizer for 1 application during the summer
season to assist in the reduction of turf -damaging insects. This application
does not prevent the presence of fire ants.
7.2 TREE/SHRUB APPLICATION
A. The fertilization program for trees and established shrub beds shall provide the
proper blend of micro and macro -nutrients for each season. There will be 0
applications per year.
B. Fertilizer shall be commercial grade, mixed granules or palletized
fertilizer, with not less than 50% of the total nitrogen being slowly
soluble.
C. Material shall be applied in accordance with the manufacturer's
recommendation and in compliance with the Environmental Protection
Agency's regulations.
7.3 PALM APPLICATION:
A. All palms shall be fertilized 0 times per year. The fertilizer blend applied
shall include magnesium, manganese and micro -nutrients necessary for
proper health and growth.
SECTION 8 -IRRIGATION
8.1 IRRIGATION REPAIRS:
A. The Irrigation system will be inspected 12 times with attention given to proper
coverage and zone settings. All adjustments and cleaning of heads will be
included in this inspection. Any necessary repairs or replacements will be
tagged and brought to the attention of the property manager for their approval.
Repairs that are performed by ValleyCrest Landscape Maintenance will be
billed at $45.00 per hour, plus parts.
B. The Contractor is not responsible for damage they cause in situations where
any components of the irrigation system have been improperly installed. Any
other damage caused by the Contractor shall be repaired at no cost to
Owner/Client.
SECTION 9 — OTHER
9.1 MULCH:
A. Mulch shall be applied as directed by the property manager and
billed separately.
9.2 SEASONAL COLOR:
A. Seasonal color shall be installed, fertilized, maintained and billed
separately at owner's request.
9.3 BIO-HAZARDS:
A. Contractor shall not be responsible for policing, picking up, removing or
disposing of certain materials that may be bio-hazards on the Owner/Client's
property. This includes, but is not limited to, items such as hypodermic needles
(Sharps (needles) will not be handled by the Contractor's employees at any
time), condoms, feminine hygiene products, clothing or materials used in the
process of cleaning up bodily fluids. Contractor shall only be obligated to
report/communicate any observations of potential bio-hazards to the
Owner/Client for their appropriate removal by others, unless previously
arranged by the Owner/Client and Contractor.
9.4 PRODUCT CONTROL & PEST CONTROL:
A.
Contractor shall be responsible for selecting control materials from a list of
products approved for specific use by the US Environmental Protection Agency
and affirmed for that use by the appropriate State or Tribal Government.
Control products are approved on crop (plant species) and site (Residential
Sports or Golf) specific bases. As for any uncontrollable pest, where no
effective product has been discovered and approved for the specific plant and
site use, or where approval of effective control products have been cancelled by
regulating authorities, the Contractor will not be accountable for the control or
repair of any damage associated with the uncontrollable pest. Furthermore,
where new pest problems develop that are not controllable by the reasonable
legal use of available approved pest control materials, the Contractor will not
be responsible for control or repair of damage caused by such uncontrollable
pests.
9.5 ADDITIONAL ITEMS:
A. This package includes an agronomic plan designed for South Florida. Please see
Exhibit A, which is a copy of the S. Florida Agronomic Plan 2007 for Bermuda Sports Turf,
for a list of products and schedule.
B. The land upon which the services are to be provided includes the playing fields of
Village Green Park, the Village playing fields at St. Agnes Church, and the Key Biscayne
Community School.
C.Tree trimming is not part of this contract. There will not be an additional cost
for tree trimming at any time of this contract unless such service requested and approved by
the Village of Key Biscayne.
SECTION 10 — PAYMENT
10.1 PAYMENT: All labor, supplies and services necessary to accomplish the work
outlined in this Agreement shall be provided for the sum of ninety four thousand eight
hundred dollars ($94,800.00) per year payable in 12 monthly installments of $7,900
beginning April 1, 2007 and ending March 31, 2008. Additional charges shall apply
only as expressly stated in the Agreement.
A service charge of 1% per month will be added to all balances not paid within 30
days of invoice. This represents an annual rate of 12%. Should it become necessary
for ValleyCrest Landscape Maintenance, Inc. to pursue in court the collection of
outstanding invoices by filing suit, Village of Key Biscayne, Parks and Recreation ,
agrees to pay reasonable attorney's fees, court costs, interest and reasonable expenses
incurred in said litigation in the event that Contractor prevails in said litigation. If
Village prevails in said litigation, Contractor shall pay Village's reasonable attorney's
fees, court costs, interest and reasonable litigation expenses.
GENERAL TERMS AND CONDITIONS
Contractor's Responsibility:
The contractor shall recognize and perform in accordance with the written
terms, specifications and drawings, contained or referred to herein.
Contractor reserves the right to renegotiate the contract when price or scope of work
is affected by changes to any local, state, or federal law, regulation or ordinance that
goes into effect after the Agreement is signed.
A. Work Force:
All employees shall be competent and qualified, and shall be U.S. citizens or legal
residents, and authorized to work in the United States.
B. Materials:
All materials shall conform to Village specifications. Contractor will meet all
Agricultural licensing and reporting requirements.
C. License and Permits:
Contractor to maintain a Landscape Contractor's license, if so required by State or
local law, and will comply with all other license and permit requirements of the
City, State and Federal Governments, as well as all other requirements of law.
D. Taxes:
Contractor agrees to pay taxes applicable to its work under this contract, including
sales tax on material supplied where applicable.
E. Insurance:
Contractor agrees to provide General Liability Insurance, Automotive Liability
Insurance, Worker's Compensation Insurance, and any other insurance required by
law or Owner/Client, subject to approval of Village's Risk Manager, and shall
name Village as additional insured for General Liability and Automobile Liability.
F. Liability:
It is understood and agreed that the Contractor is not liable for any damage of any
kind whatsoever that is not caused by the negligence of the Contractor, its agents or
employees. Contractor shall defend, indemnify and save Village harmless for any
claim or liability which is caused by Contractor's negligence.
G. Subcontracts:
Contractor reserves the right to hire qualified subcontractors to perform specialized
functions or work requiring specialized equipment.
H. Invoicing:
Contractor will submit monthly service invoices for the amount set forth under the
prices and terms shown in Section 10 of this Agreement. Any services rendered,
that are in addition to or beyond the scope of work required by this Agreement
shall be separately billed and shall first be authorized by Village.
II. Owner's/Client's Responsibility:
A. Utilities:
All utilities shall be provided by the Owner/Client.
B. Access to Jobsite:
Owner/Client shall furnish access to all parts of jobsite where Contractor is to
perform work as required by this Agreement or other functions related thereto,
during normal business hours and other reasonable periods of time, and in the case
of after hours emergencies.
C. Payment:
Owner/Client shall review invoices submitted by Contractor and payment shall be
due 15 days following the date of the invoice and delinquent if not paid by that
date. Contractor may cancel Agreement by giving 10 days written notice for
nonpayment, after the payment is delinquent.
D. Notice of Defect:
Owner/Client shall give Contractor at least 7 days written notice to correct any
problem or defect discovered in the performance of the work required under this
Agreement. Contractor will not accept any deduction or offset unless such written
notice is given.
III. Other Terms:
The Owner/Client and the Contractor respectively, bind themselves, their partners,
successors, assignees and legal representative to the other party with respect to all
covenants of this Agreement. Neither the Owner/Client nor the Contractor shall assign
or transfer any interest in this Agreement without the written consent of the other.
IV. Termination:
This Agreement may be terminated by the Owner/Client for non-performance by
Contractor, upon thirty (30) days written notice. This Agreement may be terminated
by Contractor for non-payment by Owner/Client, upon ten (10) days written notice as
stated above. Either party shall be entitled to cure any deficiencies of performance or
payment within seven (7) days of being notified of deficiency(s). If the Owner/Client
makes payment in full within ten (10) days of receipt of the written notice, the grounds
for termination shall be deemed cured. If Contractor corrects the deficiency identified
in the written notice within seven (7) days of receipt of the notice, or if the deficiency
is of such a nature that it cannot reasonably be corrected within seven (7) days and the
Contractor commences a good faith effort to correct the deficiency within seven (7)
days of receipt of notice, and diligently makes correction to Owner's satisfaction, the
grounds for the termination shall be deemed cured.
For the convenience of Owner/Client only, the monthly charge under this Agreement is
an average of the total charge for all work to be performed under the Agreement
divided by the number of calendar months included in the payment period of the
Agreement. In the event this Agreement is terminated early by either party, through no
fault or failure of Contractor, the Contractor shall be entitled to recover his
unrecovered costs incurred through the date of termination to the extent that Contractor
demonstrates to Village more substantial portions of the work for the year were
performed in the early months of such year of the Agreement. Further, either party
may terminate this Agreement with or without cause, upon sixty
(60) days written notice to the other party.
I have read the foregoing proposal, including the terms and conditions, and hereby accept it on
behalf of the Owner/Client.
Client/Owner:
Contractor: ValleyCrest
Landscape Maintenance, Inc.
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Print N e/Title
Date:
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i age Clerk
Approved as to For
Village Attorney
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VCLM Branch Manager
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ValleyCrest Landscape Maintenance
Village of Key Biscayne Agronomic Plan 2007
Bermudaarass Snorts Turf
Exhibit A
Trt 'Application Dates "Type 'Maintenance Description (unit of measure) 'Material
IUnitsJ1000
1
Late Jan
G
Fertilization
20-0-10 40%PPSCU AS .2%
4
2
February
G
Fertilization with Preemergence Weed Control
20-2-20 + .95% Ronstar
5
3
March
G
Fertilzation
20-0-10 40%PPSCU AS .2%
4
4
April
G
Fertiezation
13-3-13 50% SCU 3%Mg
6
5
May
G
Fertilization with Preemergence Weed Control
20-2-20 + .95% Ronstar
5
6
June
G
Fertilization with Mole Cricket Control
22-0-22 + TopChoice
4
7
July
G
Fertilization
20-0-10 4096PPSCU AS .2%
4
8
Aug
G
Fertilization
18-24-12 50% SCU*
5
9
Sept
G
Fertilizaton
20-2-20 + .95% Ronstar
5
10
Oct
G
Fertilizaton
18-24-12 50% SCU*
6
11
Nov
G
Fertilization
20-0-10 40%PPSCU AS .2%
4
12
Dec
G
Fertilzation
20-0-10 40%PPSCU AS .2%
3
Supplemental Treatments
A
As Needed
G
Supplemental Fertilizaton
21-0-0
5
B
As Needed
L
Control of Surface Insects
CrossCheck Plus
0.5
C
Summer
L
3 Application Goosegrass Control
MSMA 6.6
1
Sencor fl oz/1000
0.04
D
Monthly at startup
G
Supplemental Fertilizaton
_21-0-0
5