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HomeMy Public PortalAbout2023-24 Selecting Brightview Lanscape Maintenance Services, LLC for comprehensive lanscape maintenance servicesRE S O L U T I O N N O . 2 0 2 3 -2 4 A RE S O L U T I O N O F T H E V I L L A G E C O UN C IL O F T H E V I L L A G E O F K E Y B I S C A Y N E , F L O RI D A , S E L E C T I N G B RI G H T V I E W L A N D S C A P E S E R V I C E S , IN C. F O R C O M P RE H E N S I V E L A N D S C A P E M A I N T E N A N C E S E R V I C E S A S F U R T H E R P R O V I D E D H E RE I N ; P R O V I D I N G F O R A U T H O RI Z A T I O N ; A N D P R O V ID I N G F O R A N E F F E C T I V E D A T E . W H E RE A S , the Village of Key Biscayne (the "Village") issued Request for Proposal No. 2023-07 (the "RFP") for comprehensive landscape maintenance services (the "Services"); and WHEREAS, on April 5, 2023, an Evaluation Committee appointed by the Village Manager short listed firms and ranked Brightview Landscape Services, Inc. as the highest ranked firm ("Brightview"); and WHEREAS, the Village Manager recommended that Brightview be selected to provide the Services as further provided in the Staff Memorandum supporting this Resolution; and WHEREAS, the Village Council desires to select Brightview to provide the Services and authorize the Village Manager to negotiate and execute an agreement with Brightview in an amount not to exceed $1,133,412, consistent with Brightview's proposal attached hereto as Exhibit "A;" and WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare of the residents of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals. That each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Selection. That the Village Council hereby selects Brightview for the Services. Page 1 of3 S e c tio n 3 . A u th o rizatio n . That the Village Council hereby authorizes the Village Manager, subject to budgeted funds, to negotiate and execute an agreement with Brightview in an amount not to exceed $1,133,412, consistent with the proposal attached hereto as Exhibit "A," and subject to the Village Attorney's approval as to form, content, and legal sufficiency. If an agreement cannot be reached with Brightview, the Village Manager is authorized to negotiate and execute an agreement with the next highest ranked firm(s), in order of ranking, as provided in the Staff Memorandum supporting this Resolution, until an agreement in the best interest of the Village is reached. Section 4. adoption. Effective Date. That this Resolution shall be effective immediately upon PASSED and ADOPTED this 9th day of May 2023. ATTEST: VILLAGE CLERK S TO FORM AND LEGAL SUFFICIENCY: J~L WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY Page 2 of3 E X H I B I T A B r ig h tv ie w L a n d s c a p e S e rv ic e s , I n c . P r o p o s a l fo r RF P 2 0 2 3 -0 7 Page 3 of3 E X H IB IT A P R O F E SSIO N A L SE R V IC E S A G RE E M EN T B E T W E E N T H E V IL L A G E O F KE Y B ISC A Y N E A N D B RI G H T V IE W L A N D SC A PE SE R V IC E S, IN C . T H IS A G RE E M E N T (this "Agreement") is made effective as of the day of _________ _, 2023 (the "Effective Date"), by and between the V IL L A G E O F KE Y B ISC A Y N E , F L O RI D A , a Florida municipal corporation, (the "Village"), and B RI G H T V IE W L A N D SC A PE SE R V IC E S, IN C., a Florida for-profit organization (hereinafter, the "Consultant"). W H E RE A S, on December 8, 2022, the Village issued Request for Proposals No. 2022-24 (the "RFP"), which RFP is incorporated herein in its entirety by this reference, for Athletic Field Maintenance Services (the "Services") at the Village Green, MAST Academy, St. Agnes, Key Biscayne K-8 School field, Paradise Park, and any other ancillary areas at the provided locations (the "Locations"); and W H E RE A S, the Services include the maintenance of both natural turf and artificial turf fields, mowing, aerification, topdressing, fertilizing, irrigation, pest and weed management, artificial turf rejuvenation, maintenance of the clay baseball/softball infield, all as set forth in further detail in the Scope of Services attached hereto as Exhibit "A"; and W H E RE A S, the Services shall be performed for the locations identified in the Landscape Maintenance Maps attached hereto as Exhibit "B"; and W H E RE A S, in response to the RFP, the Consultant submitted a proposal to perform the Services on behalf of the Village, attached hereto as Exhibit "C"; and W H E RE A S, on March 14, 2023, the Village Council adopted Resolution No. 2023-15, selecting the Consultant to provide the Services at the Locations; and W H E RE A S, the Consultant and Village, through mutual negotiation, have agreed upon a fee for the Services, as set forth in the Rate Schedule attached hereto as Exhibit "D"; and W H E RE A S, the Village desires to engage the Consultant to perform the Services and provide the deliverables as specified below. N O W , T H E RE F O RE , in consideration of the mutual covenants and conditions contained herein, the Consultant and the Village agree as follows: 1. Scope of Services. 1.1. Consultant shall provide the Services detailed in the Scope of Services attached hereto as Exhibit "A" and incorporated herein by reference (the "Services") for the Locations Contract No. XX-XX Page 1 of 11 identified in the Landscape Maintenance Maps attached hereto as Exhibit "B," m accordance with the Consultant's Proposal attached hereto as Exhibit "C." 1.2. Consultant shall furnish all reports, documents, and information obtained pursuant to this Agreement, and recommendations during the term of this Agreement (hereinafter "Deliverables") to the Village. 2. Term/Commencement Date. 2.1. The term of this Agreement shall be from the Effective Date through two (2) years thereafter, unless earlier terminated in accordance with Paragraph 8. Additionally, the Village Manager may renew this Agreement for three (3) additional one (1) year periods on the same terms as set forth herein upon written notice to the Consultant. 2.2. Consultant agrees that time is of the essence and Consultant shall complete the Services within the term of this Agreement, unless extended by the Village Manager. 3. Compensation and Payment. 3.1. Consultant shall be compensated in an amount not to exceed $326,979.90 annually in accordance with the Rate Schedule attached hereto as Exhibit "D." 3.2. Consultant shall deliver an invoice to Village no more often than once per month detailing Services completed and the amount due to Consultant under this Agreement. Fees shall be paid in arrears each month, pursuant to Consultant's invoice, which shall be based upon the percentage of work completed for each task invoiced. The Village shall pay the Consultant in accordance with the Florida Prompt Payment Act after approval and acceptance of the Services by the Village Manager. 3.3. Consultant's invoices must contain the following information for prompt payment: 3.3.1. Name and address of the Consultant; 3.3.2. Purchase Order number; 3.3.3. Contract number; 3.3.4. Date of invoice; 3.3.5. Invoice number (Invoice numbers cannot be repeated. Repeated invoice numbers will be rejected); 3.3.6. Name and type of Services; 3.3. 7. Timeframe covered by the invoice; and 3.3.8. Total value of invoice. Contract No. XX-XX Page 2 of 11 F a ilur e to in cl u d e th e a bo v e in fo rm ation w ill resu lt in th e delay of paym ent or rejection of th e in v o ic e . A ll in v o ices m u st be su bm itted electro n icall y to payables@ k ey b iscayn e.fl .gov . 3.4. Liquidated Damages. Upon failure of the Consultant to provide part or all of the Services required under this Agreement within the timeframes set forth in the Scope of Services attached hereto as Exhibit "A," the Consultant shall pay to the Village the sum of Two Hundred Dollars ($200.00) per day until the Consultant fully renders the Services. These amounts are not penalties but are liquidated damages payable by the Consultant to Village for the failure to provide the Services required for the Village's parks and athletic fields. Liquidated damages are hereby fixed and agreed upon between the parties who hereby acknowledge the difficulty of determining the amount of damages that will be sustained by Village as a consequence of the Consultant's delay and failure to perform the Services in a timely manner. 4. Subconsultants. 4.1. The Consultant shall be responsible for all payments to any subconsultants and shall maintain responsibility for all work related to the Services. 4.2. Consultant may only utilize the services of a particular subconsultant with the prior written approval of the Village Manager, which approval may be granted or withheld in the Village Manager's sole and absolute discretion. 5. Village's Responsibilities. 5.1. Village shall make available any maps, plans, existing studies, reports, staff and representatives, and other data pertinent to the Services and in possession of the Village, and provide criteria requested by Consultant to assist Consultant in performing the Services. 5.2. Upon Consultant's request, Village shall reasonably cooperate in arranging access to public information that may be required for Consultant to perform the Services. 6. Consultant's Responsibilities; Representations and Warranties. 6.1. The Consultant shall exercise the same degree of care, skill and diligence in the performance of the Services as is ordinarily provided by a consultant under similar circumstances. If at any time during the term of this Agreement or within two (2) years from the completion of this Agreement, it is determined that the Consultant's Deliverables or Services are incorrect, not properly rendered, defective, or fail to conform to Village requests, the Consultant shall at Consultant's sole expense, immediately correct its Deliverables or Services. 6.2. The Consultant hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws applicable to and necessary to perform the Services for Village as an independent contractor of the Village. Consultant further warrants and represents that it has the required knowledge, expertise, and experience to perform the Contract No. fXX-XX Page 3 of 11 S e rv ic e s an d ca rry ou t its ob lig a tio n s u n d er th is A g reem ent in a pro fe ssional and fi rst cl ass m a nn e r. 6.3. The Consultant represents that is an entity validly existing and in good standing under the laws of Florida. The execution, delivery and performance of this Agreement by Consultant have been duly authorized, and this Agreement is binding on Consultant and enforceable against Consultant in accordance with its terms. No consent of any other person or entity to such execution, delivery and performance is required. 7. Conflict of Interest. 7.1. To avoid any conflict of interest or any appearance thereof, Consultant shall not, for the term of this Agreement, provide any consulting services to any private sector entities (developers, corporations, real estate investors, etc.), with any current, or foreseeable, adversarial issues in the Village. 8. Termination. 8.1. The Village Manager, without cause, may terminate this Agreement upon five (5) calendar days' written notice to the Consultant, or immediately with cause. 8.2. Upon receipt of the Village's written notice of termination, Consultant shall immediately stop work on the project unless directed otherwise by the Village Manager. 8.3. In the event of termination by the Village, the Consultant shall be paid for all work accepted by the Village Manager up to the date of termination, provided that the Consultant has first complied with the provisions of Paragraph 8.4. 8.4. The Consultant shall transfer all books, records, reports, working drafts, documents, maps, and data pertaining to the Services and the project to the Village, in a hard copy and electronic format within fourteen (14) days from the date of the written notice of termination or the date of expiration of this Agreement. 9. Insurance. 9.1. Consultant shall secure and maintain throughout the duration of this agreement insurance of such types and in such amounts not less than those specified below as satisfactory to Village, naming the Village as an Additional Insured, underwritten by a firm rated A-X or better by A.M. Best and qualified to do business in the State of Florida. The insurance coverage shall be primary insurance with respect to the Village, its officials, employees, agents, and volunteers naming the Village as additional insured. Any insurance maintained by the Village shall be in excess of the Consultant's insurance and shall not contribute to the Consultant's insurance. The insurance coverages shall include at a minimum the amounts set forth in this section and may be increased by the Village as it deems necessary or prudent. 9.1.1. Commercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property Contract No. XX-XX Page 4 of 11 D a m a g e . T h i s L i a b i l it y I n s u ra n c e s h a ll a ls o in cl u d e C o m p le te d O p e ra tio n s a n d P ro d u c t L i a b i l it y c o v e ra g e s a n d e l i m in at e th e e x cl u s i o n w ith r e s p e c t to p ro p e rt y u n d e r t h e c a r e , c u s t o d y a n d c o n t ro l o f C o n s u lt a n t. T h e G e n e ra l A g g r e g ate L ia b ility lim it a n d t h e P ro d u c t s /C o m p l e t e d O p e ra t io n s L i a b i l i t y A g g r e g a te lim it s h a ll b e in th e a m o u n t o f $2 ,0 0 0 ,0 0 0 e a c h . 9.1.2. Workers Compensation and Employer's Liability insurance, to apply for all employees for statutory limits as required by applicable State and Federal laws. The policy(ies) must include Employer's Liability with minimum limits of $1,000,000.00 each accident. No employee, subcontractor or agent of the Consultant shall be allowed to provide Services pursuant to this Agreement who is not covered by Worker's Compensation insurance. 9.1.3. Business Automobile Liability with minimum limits of $1,000,000 per occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles. 9.1.4. Professional Liability Insurance in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, single limit. 9.2. C ertifi cate of In su rance. Certificates of Insurance shall be provided to the Village, reflecting the Village as an Additional Insured ( except with respect to Professional Liability Insurance and Worker's Compensation Insurance), no later than ten (10) days after award of this Agreement and prior to the execution of this Agreement by Village and prior to commencing Services. Each certificate shall include no less than (30) thirty-day advance written notice to Village prior to cancellation, termination, or material alteration of said policies or insurance. The Consultant shall be responsible for assuring that the insurance certificates required by this Section remain in full force and effect for the duration of this Agreement, including any extensions or renewals that may be granted by the Village. The Certificates of Insurance shall not only name the types of policy(ies) provided, but also shall refer specifically to this Agreement and shall state that such insurance is as required by this Agreement. The Village reserves the right to inspect and return a certified copy of such policies, upon written request by the Village. If a policy is due to expire prior to the completion of the Services, renewal Certificates of Insurance shall be furnished thirty (30) calendar days prior to the date of their policy expiration. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the Village before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of the Village. 9.3. A ddition al In su red. Except with respect to Professional Liability Insurance and Worker's Compensation Insurance, the Village is to be specifically included as an Additional Insured for the liability of the Village resulting from Services performed by or on behalf of the Consultant in performance of this Agreement. The Consultant's insurance, including that applicable to the Village as an Additional Insured, shall apply on a primary Contract No. X X -X X Page 5 of 11 basis and any other in sura nce m aintained by the V ill age shall be in excess of and shall not contribute to the C onsu ltant's insura nce. The C on sult ant's insura nce shall contain a severa bility of interest pro vision pro vidin g that, except w ith respect to the total lim its of liability, the insura nce shall apply to each Insur ed or A dditional Insured (fo r applicable policies) in the sam e m anner as if separa te policies had been issued to each . 9.4. Deductibles. All deductibles or self-insured retentions must be declared to and be reasonably approved by the Village. The Consultant shall be responsible for the payment of any deductible or self-insured retentions in the event of any claim. 9.5. The provisions of this section shall survive termination of this Agreement. 10. Nondiscrimination. During the term of this Agreement, Consultant shall not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, or national origin, and will abide by all Federal and State laws regarding nondiscrimination. 11. Attorneys Fees and Waiver of Jury Trial. 11.1. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its attorneys' fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. 11.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY. 12. Indemnification. 12.1. Consultant shall indemnify and hold harmless the Village, its officers, agents and employees, from and against any and all demands, claims, losses, suits, liabilities, causes of action, judgment or damages, arising from Consultant's performance or non­ performance of any provision of this Agreement, including, but not limited to, liabilities arising from contracts between the Consultant and third parties made pursuant to this Agreement. Consultant shall reimburse the Village for all its expenses including reasonable attorneys' fees and costs incurred in and about the defense of any such claim or investigation and for any judgment or damages arising from Consultant's performance or non-performance of this Agreement. 12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the Village nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. The Village is subject to section 768.28, Florida Statutes, as may be amended from time to time. 12.3. The provisions of this section shall survive termination of this Agreement. Contract No. XX-XX Page 6 of 11 13 . Notices/A uthorized R epresentatives. Any notices required by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand-delivery, by registered or certified mail with postage prepaid return receipt requested, or by a private postal service, addressed to the parties ( or their successors) at the addresses listed on the signature page of this Agreement or such other address as the party may have designated by proper notice. 14. G overning Law and V enue. This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Venue for any proceedings arising out of this Agreement shall be proper exclusively in Miami-Dade County, Florida. 15. Entire A greem ent/M odifi cation/A m endm ent. 15.1. This writing contains the entire Agreement of the parties and supersedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forth herein. 15.2. No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document. 16. O w nership and A ccess to R ecords and A udits. 16.1. Consultant acknowledges that all inventions, innovations, improvements, developments, methods, designs, analyses, drawings, reports, compiled information, and all similar or related information (whether patentable or not) which relate to Services to the Village which are conceived, developed or made by Consultant during the term of this Agreement ("Work Product") belong to the Village. Consultant shall promptly disclose such Work Product to the Village and perform all actions reasonably requested by the Village (whether during or after the term of this Agreement) to establish and confirm such ownership (including, without limitation, assignments, powers of attorney and other instruments). 16.2. Consultant agrees to keep and maintain public records in Consultant's possession or control in connection with Consultant's performance under this Agreement. The Village Manager or her designee shall, during the term of this Agreement and for a period of three (3) years from the date of termination of this Agreement, have access to and the right to examine and audit any records of the Consultant involving transactions related to this Agreement. Consultant additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. Consultant shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Agreement, and following completion of the Agreement until the records are transferred to the Village. 16.3. Upon request from the Village's custodian of public records, Consultant shall provide the Village with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. Contract No. XX-XX Page 7 of 11 1 6 .4 . Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the Village. 16.5. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the Consultant shall be delivered by the Consultant to the Village Manager, at no cost to the Village, within seven (7) days. All such records stored electronically by Consultant shall be delivered to the Village in a format that is compatible with the Village's information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the Consultant shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 16.6. Any compensation due to Consultant shall be withheld until all records are received as provided herein. 16.7. Consultant's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the Village. 16.8. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: Mailing address: Jocelyn B. Koch 88 West McIntyre Street Key Biscayne, FL 33149 Telephone number: 305-365-5506 Email: ikoch@keybiscayne.fl.gov 17. Nonassignability. This Agreement shall not be assignable by Consultant unless such assignment is first approved by the Village Manager. The Village is relying upon the apparent qualifications and expertise of the Consultant, and such firm's familiarity with the Village's area, circumstances and desires. 18. Severability. If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. 19. Independent Contractor. The Consultant and its employees, volunteers and agents shall be and remain an independent contractor and not an agent or employee of the Village with respect to all of the acts and services performed by and under the terms of this Agreement. This Contract No. XX-XX Page 8 of 11 A g r e e m e n t s h a ll n o t in a n y w ay b e c o n s tru e d to c r e a te a p art n e rs h ip , a sso c ia tio n o r a n y o th e r k in d o f jo in t u n d e rt a k in g , e n te rp r is e o r v e n tur e b e tw e e n th e p a rt ie s . 20. Compliance with Laws. The Consultant shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and in particular shall obtain all required permits from all jurisdictional agencies to perform the Services under this Agreement at its own expense. 20.1. Shannon Melindi Act. The Consultant shall comply with Article II, "The Shannon Melindi Act," of Chapter 26 of the Miami-Dade County Code of Ordinances throughout the term of this Agreement if applicable. If the Shannon Melindi Act is applicable, the Consultant shall ensure that all employees and subconsultants providing the Services at the Village's parks: 20.1.1. Have had nationwide level 2 criminal background checks conducted by a Professional Background Screener. 20.1.2. Have been screened through the Florida Department of Law Enforcement Sexual Predator/Offender Database, and a check of the National Sex Offender Public Registry. 20.1.3. Have been verified as being United States Citizens or having legal immigrant status employment. 20.1.4. Complete an affidavit affirming that no Services or volunteer duties will be performed on Park property owned or operated by the Village in violation of this Ordinance and that an arrest will be reported to the Consultant within forty-eight ( 48) hours of such arrest. 20.1.5. Wear picture identification at all times while on Village property and when in direct contact with patrons and the general public. 20.1.6. Retain all records demonstrating compliance with the background screening required herein for not less than three (3) years beyond the end of the contract term. The Consultant shall provide the County with access to these records annually, or at the request of the County. 21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. 22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. 23. Prohibition of Contingency Fees. The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. Contract No. XX-XXi Page 9 of 11 24. Public Entity Crim es A ffi davit. Consultant shall comply with Section 287.13 3, Florida Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by reference, including execution of any required affidavit. 25. Counterparts. This A greement m ay be executed in several counterparts, each of which shall be deem ed an original and such counterparts shall constitute one and the same instrument. 26. Confli ct s; Order of Priority . This document without exh ibits is referred to as the "Base A greem ent." In the event of a confli ct between the term s of this Base Agreement and any exhibits or attachm ents hereto, or any documents incorporated herein by reference, the conflict shall be resolved in the fo llow ing order of priorities and the more stringent criteria for perfo rm ance of the Services shall apply: 26.1. First Priority: this Base Agreement; 26.2. Second Priority: RF P # 2022-24; 26.3. Third Priority: Exh ibit A - Scope of Services; 26.4 . Fourth Priority: Exhibit B -Landscape M aintenance Maps 26.5. Fifth Priority: Exh ibit D-Rate Schedule; and 26.6. Sixth Priority: Exh ibit C - Consultan t's Proposal. 27. E-V erify A ffi davit. In accordance with Section 448.095, Florida Statutes, the Village requires all contractors doing business with the Village to register with and use the E-Verify system to verify the w ork authorization status of all newly hired employees. The Village will not enter into a contra ct unless each party to the contract registers with and uses the E-Verify system. The contra cting entity m ust pro vide of its proof of enrollment in E-Verify. For instructions on how to provide pro of of the contra cting entity's participation/enrollment in E-Verify, please visrt: https://www .e-verify.gov/fa q/how-do-i-provide-proof-of-my-part icipationenrollment­ in-e-verify . By entering into this Agreement, the Consultant ackn owledges that it has read Section 448.095, Florida Statutes; will comply with the E-Verify requirements imposed by Section 448.095, Fl orida Statutes, including but not limited to obtaining E-Verify affidavits from subcontra ctors; and has executed the required affi davit attached hereto and incorporated herein. [R emainder of page intentionally left blank. Signature pages follow.] Contract N o. X X -X X Page 10 of 11 IN W IT N E S S W H E RE O F , the parties hereto have caused this Agreement to be executed the day and year as first stated above. V IL L A G E O F K E Y B ISC A Y N E C O N SU L T A N T By: _ Steven C. W illiamson Village Manager Attest: By: _ Jocelyn B. Koch Village Clerk Approved as to form and legal sufficiency: By: _ Weiss Serota Helfman Cole & Bierman, P .L. Vill age Attorney A ddresses fo r N otice: Village of Key Biscayne Attn: Village Manager 88 W est McIntyre Street Key Biscayne, FL 33149 305-365-5514 (telephone) 305-365-8936 (facsimile) swilliamson@keybiscayne.fl.gov ( email) W ith a copy to: W eiss Sero ta Helfman Cole & Bierman, P .L. Attn: Chad Friedman, Esq. Village of Key Biscayne Attorney 2800 Ponce de Leon Boulevard, Suite 1200 Coral Gables, FL 3313 4 cfriedman@wsh-law.com ( email) By: _ Name: _ Title: _ Entity: _ A ddresses fo r N otic e: __________ (telephone) __________ (facsimile) ___________ (email) W ith a copy to: __________ (telephone) __________ (facsimile) ___________ (email) Contract No. XX-XX Page 11 of 11 E-VERI FY AFFIDAVIT In accordance with Section 448.095, Florida Statutes, the Village requires all contractors doing business with the Village to register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The Village will not enter into a contract unless each party to the contract registers with and uses the E-Verify system. The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the contracting entity's participation/enrollment in E-Verify, please visit: https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationemollment-in-e-verify By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida Statutes and will comply with the E-Verify requirements imposed by it, including but not limited to obtaining E-Verify affidavits from subcontractors. ! Check here to confirm proof of enrollment in E-Verify has been attached to this Affi davit. In the presence of: Signed, sealed and delivered by: Witness #1 Print Name: ------- Witness #2 Print Name: ------- Print Name: ------------ Title: -------------- Entity Name: _ ACKNOWLEDGM ENT State of Florida County of _ The foregoing instrument was acknowledged before me by means of D physical presence or D online notarization, this __ day of , 20_, by _ ______ (name of person) as (type of authority) for ___________ (name of party on behalf of whom instrument is executed). Notary Public (Print, Stamp, or Type as Commissioned) ___ Personally known to me; or ___ Produced identification (Type of Identification: ). ___ Did take an oath; or Did not take an oath --- E XH IB I T "A " S C O P E O F S E R V IC E S 2 .1 S C O P E O F S E R V I C E S The Village of Key Biscayne, Florida is requesting proposals from experienced and qualified vendors, hereinafter referred to as the "Consultant", to provide field maintenance services at the Village Green, MAST Academy, St. Agnes and Key Biscayne K-8 School fields and Paradise Park. Field maintenance services include maintenance of both natural turf and artificial turf fields, mowing, aerification, topdressing, fertilizing, irrigation, pest management, artificial turf rejuvenation, field clay for baseball/softball infield and pitcher's mound and other ancillary areas of the sports fields. Services are to be provided in accordance with the terms, conditions, and specifications contained in Request for Proposals (RFP) No. 2022-24. 2.2 DESCRIPTION OF SERVICES The Consultant shall provide all labor, supervision, equipment, supplies, tools, materials, and all other necessary incidentals to perform the complete maintenance and management aspects of athletic field maintenance. To perform mowing, aerification, topdressing, fertilizing, irrigation, and pest management to the athletic fields and other turf areas at the Village Green, MAST Academy, St. Agnes and Key Biscayne K-8 School fields as identified in the Landscape Maintenance Maps Exhibit to the Agreement. These services must be provided in a fashion consistent with Chapter 8, "Environment," of the Village Code. 2.3 FEE SCHEDULE AND ESTIMATED FREQUENCIES A. The proposed amount for each item in the Fee Schedule shall be inclusive of all the costs to complete the work while maintaining fields that are green and free of any conspicuous weeds, diseases, and damaging insects and nematodes. B. No Guarantee is expressed or implied as to the quantity of services to be procured under this agreement. Any additional applications or frequencies beyond the Fee Schedule, will require written approval from the Village prior to application. 2.4 MOWING SPECIFICS A. St. Augustine Turf: a. Mowing shall be performed in a manner consistent with landscape maintenance industry standards that ensures smooth surface appearance without scalping or leaving any uncut grass. b. All mowing equipment must be equipped with adjustable and functional discharge chutes. Discharge chutes shall be angled downward as necessary to prevent the discharge of clippings or other generated debris into pedestrian areas, roadways, or other areas that may cause damage or injury to persons or property. Discharge chutes shall be adjusted downward at a minimum 35-degree angle from horizontal when conducting mowing operations along medians and roadway edges. c. All mowers must be adjustable and adjusted to the proper cutting height and level for the kind of grass and current condition of the turf. Mower blade height a dju s tm e n t is to b e m e a sur e d fr o m a le v e l fl o o r sur fa c e to th e p a ra ll el an d lev el p la n e o f th e m o w e r b la d e . A ll m o w e r b la d e s a re to b e sh a rp e n o u g h to c u t, ra th er th a n to te a r g ra s s b la d e s . d . A ll litt e r a n d d e b r is is to b e re m o v e d fr o m tu rf b e fo re m o w in g to a v o id shr ed d in g th a t w ill d a m a g e tu r f a p p e a ra n c e , o r p ro p e l ite m s b y m o w e r b la d e s. e . M o w in g w ill b e d o n e c a re fu ll y so a s n o t to d am a g e tre e b a rk , tre e su p p o rt s o r s hr u b s , in tru d e in to g ro u n d c o v e r b e d s, d a m a g e so d d e d b e rm s, sp rink ler h ead s, v a lv e s , m a n ifo ld s , tim e cl o c k s , c u rb s , o r o th e r ite m s w ith in o r a dja cen t to th e m a in te n a n c e a r e a . G ra ss cl ip p in g s o r d e b ris c a u se d b y m o w in g o r trimm in g sh all b e r e m o v e d fr o m a dja c e n t w a lk s , stre e ts, d riv e s , g u tte rs, a n d c u rb s o r sur fa ce s o n th e s a m e d a y a s m o w e d , trim m e d , o r e d g e d . N o th in g sh a ll b e a ll o w ed to stay in th e v ic in ity o f a s to rm w a te r in le t/c atc h b a sin (s) n o r b e a ll o w e d to e n ter in to an y in le t, c a tc h b a s in o r b o d y o f w a te r. F a ilur e to fo ll o w th e se re q u ire m en ts m a y resu lt in te r m in atio n o f th e A g re e m e n t. f. M o w in g w ill n o t b e d o n e w h e n w e a th e r o r c o n d itio n s w ill re su lt in d am ag ed tur f o r u n e v e n c u tt in g . g . G ra s s s h a ll n o t b e m o w e d lo w e r th a n tw o (2 ) in c h e s in h e ig h t. C u t h eig h ts are r e c o m m e n d e d to b e s e t to NQI remove more than one-third (1/3) of the blade height, with an average maintained height of three (3) to four (4) inches. h. Excess clippings shall be spread out or removed as appropriate from right-of-way turf areas when they cause an unsightly appearance as determined by the Village or may restrict the regeneration of the turf below. Under no circumstances are excess clippings to be placed on, near or in a catch basin or water body. 1. When clippings are in excess, the Contract must have an available vacuum equipment to remove clippings if they cannot be removed during mowing. B. Sports Turf: a. Mowing shall be performed in a manner consistent with Sport Turf and Landscape maintenance industry standards that ensures smooth surface appearance without scalping or leaving any uncut grass. b. All mowers must be adjustable and adjusted to the proper cutting height and level for the kind of grass and current condition of the turf. Mower blade height adjustment is to be measured from a level floor surface to the parallel and level plane of the mower blade. c. All mower blades are to be sharp enough to cut, rather than to tear grass blades. d. All litter and debris is to be removed from turf before mowing to avoid shredding that will damage turf appearance, or propel items by mower blades. e. Mowing will be done carefully so as not to damage tree bark, tree supports or shrubs, intrude into ground cover beds, damage sodded berms, sprinkler heads, valves, manifolds, time clocks, curbs, or other items within or adjacent to the maintenance area. f. Grass clippings or debris caused by mowing or trimming shall be removed from adjacent walks, streets, drives, gutters, and curbs or surfaces on the same day as mowed or trimmed. Nothing shall be allowed to stay in the vicinity of a stormwater inlet/catch basin(s) nor be allowed to enter into any inlet, catch basin or body of w ate r. F a ilu r e to fo ll o w th e s e r e q u ir e m e n ts m a y re s u lt in te rm in a tio n o f th e A g r e e m e n t. g . M o w in g w ill n o t b e d o n e w h e n w e ath e r o r c o n d itio n s w ill re s u lt in d a m a g e d tu r f o r u n e v e n c u tt in g . h . G ra s s d e s ig n ate d , a s S p o rt s T ur f s h a ll n o t b e m o w e d lo w e r th a n thr e e q u a rt e r s (3 /4 ) o f a n in c h e s in h e ig h t. C u t h e ig h ts a re r e c o m m e n d e d to b e s e t to NOT remove more than one-third (1/3) of the blade height, with an average maintained height of one (1) to one and a half (1 1/2) inches. 1. When clippings are in excess, the Contract must have an available vacuum equipment to remove clippings if they cannot be removed during mowing. Excess clippings shall be removed as appropriate from areas when they cause an unsightly appearance as determined by the Village or may restrict the regeneration of the turf below. Under no circumstances are excess clippings to be placed on, near or in a catch basin or water body. 2.5 MOWING FREQUENCIES A. St. Augustine and Non-sports Turf: a. Grass shall be mowed thirty-two (32) times annually based on a frequency of three (3) times per month, in the months of March through October and two (2) times per month, in the months of November through February. Unless otherwise specified. b. In the months, which mowing occurs two (2) times per month, such mowing shall occur every ten (10) to fourteen (14) days. c. In the months, which mowing occurs three (3) times per month, such mowing shall occur every seven (7) to ten (10) days. B. Sports Turf a. Grass shall be mowed one hundred and four (104) times annually based on a frequency of two (2) time per week in the month of February, March, September, and October, three (3) times per week in the months of April, May, June, July, and August, and one (1) time per week in the month of November, December and January. b. In the months which mowing occurs one (1) time per week, such mowing shall occur at least once seven (7) days. c. In the months which mowing occurs two (2) times per week, such mowing shall occur no longer than ninety-six (96) hours apart but not sooner than seventy-two (72) hours from initial cut. d. In months which mowing occurs three (3) times per week, such mowing shall occur no longer than seventy-two (72) hours apart but not sooner than twenty four (24) hours from initial cut. 2.6 TRIMMING AND EDGING A. Trimming: Grass shall be trimmed during, or as an immediate operation following, mowing. Trimming may be accomplished by fish line cutting. Grass will be trimmed at th e s a m e h e ig h t a s a dja c e n t tu r f is m o w e d , a n d a s n e e d e d to re m o v e all g ra ss le a v es fr o m a ro u n d a ll o b s ta cl e s a n d v e rt ic a l su r fa c e s in th e tu rf su c h a s p o sts, trees, w a ll s, c e m e n t m e d ia n s . B e r m s s h a ll b e trimm e d w ith a sm a ll trim m o w e r o n ly . C o n su ltan t s h a ll u s e s p e c ia l c a re w h e n trimm in g a ro u n d tre e s to p re v e n t d a m a g e to b a rk su rfa ce a n d /o r th e liv in g c a m b iu m la y e r b e n e ath , a n d w h e n trim m in g a ro u n d sp rink ler h ea d s a n d o th e r irr ig a tio n s y s te m fi x tu re s to p re v e n t d a m a g e a n d a ssu re th e ir p ro p e r w ater d e liv e ry fu n c tio n . B . Edging: Mechanical edging of all turf edges abutting sidewalks, and flush paved surfaces, including all road curbs, drives, etc., will be done during or as an immediate operation following the mowing for the cycle as follows: turf will be edged approximately eighteen (18) inches outside and around all trees that are in lawn areas, or as directed by Village designee. Turf will be edged approximately ten (10) inches out from the drip line of shrubs and hedges. Turf edging at shrub beds, flowerbeds, ground cover beds, hedges, or around trees (where "edging" rather than "trimming" is directed) shall be edged with a manual or mechanical edger to a neat vertical uniform line. Chemical edging shall WU be used unless approved by Village. Any use of chemical edging will be considered by Village on a case-by-case basis. C. Dirt and debris produced by edging or trimming will be removed and swept from adjacent hard surfaces during or as an immediate operation following the mowing. 2.7 TRIMMING AND EDGING FREQUENCIES A. St. Augustine and non-sports turf • Edging and trimming is to be complete once every fourteen (14) days. B. Sports Turf • Edging and trimming is to be complete once every fourteen (14) days. 2.8 PEST AND WEED MANAGEMENT The Consultant shall keep the fields free of conspicuous weeds and free of damaging disease and insect infestations by treating affected areas with pesticides suitable for that disease or pest when the infestation or infection becomes evident and as often as necessary. All applications shall be performed by persons holding a valid pesticide application license for that application as issued by the State of Florida, and shall be done in accordance with the pesticide manufacturer's recommended rates, and all applicable Federal, State, County and Municipal regulations. The Consultant shall respond within 72 hours after a request or notice from the Village. The Consultant shall be fully licensed to apply pesticides and shall use sound cultural practices that aid in preventing the presence or proliferation of insects and diseases. The Consultant shall maintain all turf in as weed free condition as possible. The Village recognizes that some of the facilities currently have a significant quantity of weeds. The Consultant will transition these facilities to a generally weed free condition during the probationary period. The transition is to ensure that bare spots are not created lasting more than three weeks while the weeds are eradicated. The Consultant shall apply herbicides as needed to aid in the control of unwanted weeds and vegetation. All applications shall be performed by persons holding a valid pesticide application license as issued by the State of Florida and shall be done in accordance with the h e rb ic id e m a n u fa c tu re r's re c o mm en d e d ra te s an d a ll ap p lic a b le F e d e ra l, S ta te , C o u n ty an d M u n ic ip a l re g u la tio n s. H e rb ic id e s sh a ll b e u se d o n ly w ith p rio r w ritt en ap p ro v a l b y th e V ill a g e as to ty p e , lo c atio n a n d m e th o d o f a p p lic atio n . T h e C o n su lt a n t sh a ll ex erc ise ex tre m e ca re to n o t ap p ly h e rb ic id e s o u tsid e in fe ste d area s. A rea s a d v e rse ly a ffected sh a ll b e re sto red at th e C o n su lta n t's e x p e n se . T h e C o n su lt a n t sh a ll , a ft e r a c h e m ic a l ap p lic a tio n , rem o v e all sig n s at th e ap p ro p ria te tim e in a c c o rd an c e w ith th e c h e m ic a l p ro d u cts ' reco m m en d e d sta n d a rd s. 2.9 CHEMICALS OR FERTILIZERS The Consultant shall be prohibited from the use of chemicals or fertilizers on any site without prior written approval from the Village. To obtain written approval for chemical or fertilizer use, the Consultant shall furnish to the Village, in writing, the name of the chemical or fertilizer, the manufacturer's label and the Safety Data Sheet (SDS). Commercial fertilizer applicators must be certified by the Department of Agriculture and Consumer Affairs pursuant to F.S. 482.1562. All commercial fertilizer applicators shall successfully complete the Florida Department of Environmental Protection's required training program. All commercial fertilizer applicators shall apply fertilizers in accordance with the Florida Department of Environmental Protection through the University of Florida/Institute of Food and Agricultural Sciences Extension's "Florida­ Friendly Best Management Practices for Protection of Water Resources by the Green Industries." The Consultant will provide the Village's Contract Administrator a spreadsheet with the following: A. Quantities of all materials (fertilizers, pesticides, clay, and topdressing sand) brought in and applied each day in common units (volume, weight, bags, truckloads) B. Their analysis in customary units (e.g., percent nitrogen by weight or pounds per gallon) C. Date of application, the dimensions of the area applied in square feet D. Distinction of the area as to site (Village Green North, Village Green South, K-B School Field, St. Agnes Field, MAST Academy Field, and Paradise Park); "Subsite," (e.g., "Sports field Bermuda" or "St. Augustine lawn" or "Baseball diamond,"), and if only part of site or subsite was completed it should state which area within the subsite was applied, e.g., "east half of Sport Turf field" E. Write in the spreadsheet the number of the product, e.g., for pesticides the EPA Registration Number (EPA Reg. No.) and for fertilizers the Florida Fertilizer certificate number, and for unregulated products the manufacturer's product trade name. F. Consultant will attach a copy (which may be a digital copy) of the registered pesticide label or fertilizer tag that includes the analysis corresponding with the EPA Reg. No. or Fertilizer certificate number. For unregulated products, such as clay conditioner, a product description by the manufacturer of their product trade name or product label would be submitted. All quantities must be reported either in US customary units, e.g., pounds or gallons or cubic yards, or in container units (e.g., truckloads, bags) with a d e fi ni tio n in U S cu stom a ry un its (e.g ., "o n e tru ck load equ als 10 tons" or "50 pou nds p e r b a g ") A sc h e d u le o f fe rt iliz atio n d a te s an d fe rt ilizer an aly sis sh all be presen ted to the V ill age prior to a p p lic a tio n an d sh a ll b e su bje ct to V ill age ap p ro v al. T h e fe rt ilizer used sh all be a com m ercial gra de p ro d u c t. S p e c ifi c req u irem en ts sh a ll b e determ in ed by so il test resu lts, soil type and the tim e of y e a r. A p p lic a tio n s sh a ll p ro c e e d co n tin u o u sly on ce begu n un til all areas have been com pleted. In th e e v e n t fe rt iliz er is thr o w n o n h ard su rfa ces, it sh all be rem ov ed im m ed iately to prevent stain in g. S p o rt s T u rf sh a ll b e fe rt iliz ed w ith a co m p lete N P K fe rt ilizer gen era lly in a 4: 1 :2 ra tio of nitro gen, p h o sp h o ric ac id eq u iv a le n t an d p o ta ssiu m ox id e w ith m icro n utrien ts. T he C on su ltan t shall e sta b lish a p ro g ra m th a t sh a ll fe rt iliz e all B erm u da gra ss an d sh all vary w ith the tim e of year of th e ap p lic a tio n an d th e re su lt s of so il an a ly sis. T h e C o n su lt ant sh all apply additional fe rt ilizer to tre a t stre sse d , w o rn or h ig h tra ffi c are a s a s n eed ed . 2.10 SPORTS TURF FERTILIZATION FREQUENCY The Village and the Consultant shall establish a schedule of fertilization dates and fertilizer contents that shall be applied to the Village's parks and athletic fields. Fertilizer application shall comply fully with the requirements of Article IX, "Fertilizer Use," of Chapter 8 of the Village Code of Ordinances. 2.11 IRRIGATION The Consultant shall be responsible for the complete management, operation, and maintenance of all irrigation systems at the level required to provide uniform distribution to maintain healthy turf. All irrigation systems, including all parts and components, must be in compliance with all federal, state, and local laws, statutes, and ordinances designed to protect water resources, especially Articles II and III of Chapter 8, "Environment," of the Village Code of Ordinances. The Consultant shall adjust irrigation frequency and timing to comply with all state and local regulatory requirements. The Consultant shall calibrate the irrigation system so that all areas receive adequate coverage. The Consultant shall use only certified irrigation technicians for irrigation work. Failure of the irrigation system to provide full and uniform coverage shall not relieve the Consultant of the responsibility to provide adequate irrigation. It is the Consultant's responsibility to make sure that the irrigation system is maintained and operates properly. The Consultant shall work with a remote management irrigation system and can refer to Section 2.22 of this Scope of Services A. Irrigation System Management a. It is the responsibility of the Consultant to conserve water and assure that all watering rules and regulations are followed. The Consultant shall pay any penalties, fines, or citations for watering ordinance violations. b. The Consultant shall modify the irrigation schedule based on weather conditions and new sod installations. c. The Consultant shall ensure that irrigation takes place early in the morning, if possible. d . T h e C o n s u lt a n t is r e s p o n s i b l e fo r th e c o m p l e t e o p e ra t io n a n d m a in t e n a n c e o f t h e irr i g a t i o n e q u i p m e n t , e x c e p t a s n o t e d b e l o w . T h e C o n s u lt a n t s h a ll e x a m in e th e irr i g a t i o n s y s t e m fo r d a m a g e o r m a lfu n c t io n a n d s h a ll r e p o rt d a m a g e o r m a l fu n c t io n t o t h e P ro j e c t M a n a g e r in wr it in g . If the Consultant fails to report the broken or malfunctioning irrigation system components within two weeks of the breakage or malfunction, the Consultant shall be responsible for all damages resulting from the broken irrigation system component. B. Irrigation System Scheduled Maintenance a. Weekly: Each valve zone shall be observed for signs of damage, dryness, or wetness during the irrigation season. b. Monthly: Inspect irrigation systems to identify and correct problems, including checking timers, valves, and rain-sensing and moisture sensing devices; cleaning filters; cleaning and adjusting sprinkler heads; replacing missing or damaged heads and micro-irrigation emitters; repairing leaking or broken pipes and tubing; adding or relocating heads or nozzles in water-deficient areas; repairing time clocks; replacing or rebuilding valves; locating and repairing cut wires; conducting other routine irrigation maintenance. c. Quarterly: Flush micro-irrigation distribution systems. Check distribution uniformity. C. Irrigation System Repair The Consultant shall during the performance of the Work promptly replace or repair, at the Consultant's expense, any irrigation components damaged, unless due to Excluded Damage. Repairs shall be made within two days of the day the damage occurred. If the damage was due to Excluded Damage, the irrigation repairs will be paid for as an Additional Service. Regardless of the cause of damage, the Consultant shall take immediate action to prevent further damage by shutting off the damaged part of the irrigation system. As soon as possible after receiving written authorization from the Village's Contract Administrator to proceed, the Consultant shall make repairs. a. Any replacement of irrigation system components shall be approved by the Village's Irrigation Manager and with materials of the same manufacturer and model as the original equipment. Substitutions of materials other than the original equipment will be approved only when the original equipment has been discontinued and is no longer available for purchase or when better performance may be obtained. The substituted equipment must be completely compatible with the original and must be approved by the Project Manager. b. If a change to the system or any of its components will result in lower future maintenance costs, less frequent breakage, or an increase in public safety, the Consultant shall request authorization to make the change from the Village's Contract Administrator. 2.12 AERATION TOPDRESSING A era tion and topdressing are necessary to provide proper air and water exchange for maximum gro wt h potential and health of the sports turf as needed. The topdressing material shall be provided by the Consultant. The Consultant shall also be responsible for topdressing worn turf areas, depressed tur f areas, etc. as needed on an ongoing basis. The Consultant shall submit a proposal fo r these services to the V illage for appro val. A. A erify and physically drag aerifier plugs across surface using a mesh steel drag mat and rem ove plugs as needed. B. Topdress imm ediately after aerification applying a minimum 1/8" and a maximum¼" thickn ess fo r each topdressing application, filli ng aerifier holes. C. Topdressing shall be an inorganic sand with a sieve size similar to the existing ro otzone and at least 50% medium sand (0.25-0.50 mm diameter) and less than 10% total fines (p articles <0 .15 mm diameter) 2.13 AERATION AND TOPDRESSING FREQUENCY A erification and topdressing of natural field tur f at least twice per year, including once in the spring just befo re fertilization and once in the fall. 2.14 KEY BISCAYNE KB KS BASEBALL/SOFTBALL FIELD A. The Consultant shall be responsible for the inspection, maintenance, upkeep and repair of the clay area including home plate/batter's box, pitcher's mounds, and base paths. The Consultant w ill pro vide consistent and safe playing conditions. B. Clay areas shall be inspected and maintained on a weekly basis during baseball/softball season an d m onthly the remainder of the year. Any large stones or clumping material, ru ts, holes, w et or dry areas, soft or hard spots, bowled out areas shall be repaired or replaced. Clay areas shall be scarified, dragged, and watered until the desired texture is achieved. M aintain at least 1/4" of calcined clay or conditioner on the clay areas. C. Consultant shall m aintain all batting cages, which shall be kept clean and free of vegetation and debris. Consultant shall report all visible net and cages damage to the V ILLA G E. A ny hazardous conditions shall be reported to the VILLAGE immediately verbally and docum ented in writing/email. 2.15 ARTIFICIAL/SYNTHETIC TURF SPORTS FIELD The Consultant shall perfo rm effective, ro utine maintenance daily and maintain the turf in accordance w ith the turf m anufacturer's warranty. The Consultant shall: A. Conduct inspections and perfo rm minor repairs to avoid playing hazards; B. W alk fields w eekly and conduct more detailed inspections according to your field turf recom m ended schedule; C. K eep the playing surface clean and free of debris and contaminants; D . Pay special attention to the m ost heavily used areas, such as midfield, goal mouths, and corn er kick areas. E. Check and m aintain pro per infill levels to provide a consistent surface. Add new infill or redistribute m igrated infill, where necessary, to the recommended depth; F . T w ic e p e r m o n th b ru sh an d g ro o m th e su rfa ce to p re se rv e ap p e a ra n ce , k e ep g ra ss fi b e rs u p ri g h t, a n d m a in ta in e v e n in fi ll le v els, m a k in g sur e to u se o n ly ap p ro v ed b ristl e s th a t w ill n o t o v e rl y a b ra d e th e fi b e rs. G . C h e c k se a m s a n d jo in ts w h ere p a n els o r an y fi e ld m a rk in g s are jo in e d to g e th er. N o tify th e V ill a g e imm e d ia te ly o f h a z a rd s o r lo c atio n s n ee d in g rep a ir. H . N o te an y d e te rio ra tin g g ra ss fi b e r o r in fi ll co n d itio n s, v isu a l or ex c e ss w ea r co n c e rn s, d ra in a g e c o n c e rn s , p e rfo rm a n ce co n ce rn s, etc . an d rep o rt th em to th e V IL L A G E . I. Maintain a maintenance and activity log. 2.16 TRIMMING A. Twice per year trim the 270 linear feet of the fence on the northern portion of St. Agnes field to create a two-foot barrier between the fence and any vegetation. B. Twice per year trim 400 linear feet next to the sidewalk on the eastern potion of exterior sidewalk at MAST Academy field to create a two-foot barrier between the sidewalk and any vegetation. C. Twice per year trim the 325 linear feet of the fence on the northern portion of MAST Academy field to create a two-foot barrier between the fence and any vegetation. D. Twice per year trim the vegetation in the MAST Academy field parking lot to create a two-foot barrier between the vegetation and the parking area. 2.17 SOIL TESTING Each sports turf field shall be sampled and analyzed for soil nutrients four times each year and the results reported to the Village. Each sample must be a composite of at least 30 soil probe cores from throughout the field that are analyzed for cations and anions by an independent testing laboratory using the Mehlich III extraction method or, if the soil pH is very high, by Olsen extractant for phosphorus and ammonium acetate extractant for cations. If levels of potassium, magnesium, or phosphorus appear to be insufficient, the fertilizer analysis will be considered as to whether to use a different analysis or to make up for low test nutrients by a special fertilizer application covering those nutrients that were low. 2.18 SUPPLEMENTAL SERVICES Beyond the regular routine parks maintenance and operations; landscape and irrigation maintenance, the Consultant shall, upon the request and approval by the VILLAGE, provide on an as-needed basis Supplemental Services ( otherwise called Additional Services) for the purposes of: A. Total re-installation of infill for artificial turf fields. B. Sodding of damaged natural turf areas. C. Veritcutting on natural turf areas. D. Synthetic turf field rejuvenation. E. Laser grading and resodding of sports fields. F. Overseeding G. Other tasks as requested by the VILLAGE. No guarantee is made as to the quantity or frequency of the Supplemental Service and the Village reserves the right to have this provided by secondary vendor. 2 .1 9 S C H E D U L E O F W O RK On the fir st business day of each m onth, the Vill age shall fu rnish to the Consultant a list of both priority an d ro utine m aintenance work orders to be considered fo r completion. The Consultant shall then pro vide to the V illage within three days a preliminary schedule of the work for review by the V ill age. U pon approval by the Village, the schedule of work shall become final. In addition, the V illage reserves the right to direct the Consultant to rearrange the schedule to meet the needs of the V illage. 2.20 CONSULTANT'S PERSONNEL: A ll em ployees shall be com petent and highly skill ed in their particular job in order to properly perfo rm the w ork assigned to them. The Consultant shall be responsible for maintaining the quality of the m aterials and w orkm anship on the job throughout the duration of his/her responsibility. A . A ll em ployees shall be competent and highly skilled in their particular job in order to pro perly perfo rm the work assigned to them. B. The V ill age m ay require the Consultant to remove any employee it deems careless, incom petent, insubordinate or otherwise objectionable and whose presence on Village pro perty is not in the best interests of the Village. Contactor shall immediately remove any em ployee engaged in conduct involving drugs, alcohol consumption or use or possession of fir earm s/weapons on Village premises. The Village shall not have any duty to im plem ent or enfo rce such requirements and such obligation shall be the sole responsibility of the Consultant to immediately address upon the Vill age's notification to the Consultants supervisory staff on-site or the man agerial point of contact designated to the contract. C. The Consultant shall ensure that all employees/representatives dress in business attire appro priate to the services being pro vided and act in a professional and courteous m ann er. The em ployees/representatives must carry company identification. D. The Consultant's personnel perfo rm ing work on Village property shall be in uniforms w ith the com pany's name, clean, courteous, sober, and competent. The Consultant agrees to be responsible for such personn el. All Consultant' personn el dealing with the public under this contra ct, shall be identified by name through the use of a nametag or em bro idered nam e on his/her uniform and a photo identification badge. Working w ithout a unifo rm shirt and/or proper identification is not perm itted and shall be gro unds fo r removal from Village property . The Consultant agrees that the owners of the com pany, or officers if a corporation, shall be held fully responsible, except as otherw ise pro hibited by law, for acts of their personn el while on duty. E. At least one (1) em ployee in a supervisory ro le at the worksite must be able to com m unicate clearly and fluently in the "English" language. F. A ll Consultant's em ployees/service techn icians shall be properly trained and qualified to pro vide the services covered under this contract. G . Consultant's em ployees shall immediately report any damages done to Village property to their supervisor. The supervisor shall then report such damage to the Contract A drn inis lralur. 2.21 DELIVERY /INSTALLATION/COMPLETION OF WORK TIME: S e rv ic e s M U S T b e F .O .B . d e s tin atio n , in cl u d e d o f a ll c o sts. C u rr e n t a n d /o r a n tic ip a ted ap p lic a b le fu e l c o sts sh o u ld b e c o n s id e re d a n d in cl u d e d in th e p ric e b id . T h e ap p a re n t sile n c e o f th is S c o p e o f S e rv ic e s a s to a n y d e ta il, o r th e a p p a re n t o m issio n fr o m it o f a d e ta ile d d e sc rip tio n c o n c e rn in g a n y p o in t, sh a ll b e re g a rd e d a s m e an in g th at o n ly th e b e st c o m m e rc ia l p ra c tic e is to p r e v a il a n d th at o n ly m a te ria l a n d w o rkm a n sh ip o f th e fi n e st q u a lity a re to b e u s e d . A ll in te rp r e ta tio n s o f th e S c o p e o f S e rv ic e s sh a ll b e m a d e o n th e b a sis o f th is statem en t. 2.22. Irrigation Management Consulting (IMC). Consultant acknowledges the following Irrigation Management Consulting (IMC) You are working with a remote management irrigation system. The information below is for your assistance. Program Changes If you need the current program changed at your property, we ask that you; • Call our office, 407.376.9734 or email the changes to support@imcirrigation.com • Inform us what property and zone needs to be changed, controller location • Inform us of any other special needs watering, fertilization, new seed, or new sod. • It will only be changed by going through our office if you change it manually on the controller without informing us of the change we won't know and our computer will override it. Manual Watering If you need specific zones turned on at any time between 8am-5pm M-F call our office, 407.376.9734. (Advance notice would be recommended, typically the day before.) • Inform us what zone needs to be turned on and for how long. • We can tum on the stations remotely; this will help you not having to go back and forth to the control box. PIN Codes Our controllers have Pin Codes in them, you have to put in your PIN code in order to access the box. If a controller is locked by a pin code and you do not have one or yours is not working: • Call our office at 407.376.9734 or e-mail us at support@imcirrigation.com. • We can set you up with one or we can reset yours to help you gain access. New Sod If you are putting down new sod on the property, we ask that you give us at least 24 hours' notice • Please inform us of the zone numbers in which the sod will be laid. • Any specifications you have about the sod that we need to be aware of. • We will then set up the program through our software and run it accordingly. Sy ste m R ep a irs • When working on the property, fixing the system, or notice something is broken. Please call our office or e-mail us with this information. • If you need the system shut down while repairing something, please call and tell us. This helps to make sure nothing runs that could jeopardize your repair. These efforts will help us better serve our clients together. If you have any questions or concerns, please feel free to contact us.