ISLAND ESTATES CIVIC ASSOCIATION INC.
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ADOPT-A-PARK AGREEMENT
THIS AGREEMENT is made and entered into this
11
day
of
November
1987 by and between the City of Clearwater, a
Florida municipal corporation, hereinafter referred to as CITY,
and the Island Estates Civic Association, Inc., a Florida corpor-
ation not for profit, hereinafter referred to as ASSOCIATION.
WHEREAS, CITY has instituted an Adopt-A-Park program to
encourage and obtain support from civic-minded entities and
individuals for the beautification and maintenance of City parks;
and
WHEREAS, such beautification and maintenance will
promote the general welfare by aesthetically enhancing said parks
at a savings of taxpayer dollars; and
WHEREAS, ASSOCIATION desires to adopt the Island
Estates entrance median and rights-of-way, the "Project", as
shown on the aerial attached hereto as Exhibit 1;
NOW, THEREFORE, the parties hereto agree as follows:
1. CITY and ASSOCIATION approve the landscape plan pre-
pared by the ASSOCIATION, a copy of which is attached hereto as
Exhibit 2.
2. CITY shall remove all existing_oleanders on the
rights-of-way, and fill and grade said rights-of-way and median.
3. CITY shall purchase and install all sod and sabal
palms in accord with the Landscape Plan.
4. CITY shall upgrade and maintain the existing irriga-
tion system including the installation of timers for irrigation.
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5. CITY shall construct new sidewalk as shown on the
Landscape Plan up to the traffic triangles and straighten exist-
ing sidewalk on east side of Island Way.
6. CITY shall provide electric meters as necessary for
irrigation and lighting.
7. ASSOCIATION shall be allowed to remove the existing
brick walls within the right-of-way and construct new wood and
concrete signs approximately 15' toward the water from existing
site, as shown on the Landscape Plan.
8. ASSOCIATION shall be allowed to place an angled
bronze plaque listing the names of contributors to this project
at a location to be approved by the City.
9. ASSOCIATION shall provide all landscape materials
necessary for the project, with the exception of sabal palms, sod
and irrigation system, including but not limited to foliage,
mulch, electric lights, and new sidewall signs.
10. ASSOCIATION shall be responsible for securing any
permits that may be required for this Project and City agrees to
waive any permit fees that might otherwise be applicable.
11. ASSOCIATION shall be responsible for and pay all
electric service charges for irrigation and lighting, and CITY
shall pay all water service charges for irrigation.
12. ASSOCIATION, upon project completion, shall provide
all necessary landscape maintenance on a regular basis including
mowing, weeding, edging, pruning, fertilizing, pesticides, and
irrigation, and shall provide two rotations of annual flowers
each year.
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13. The ASSOCIATION shall indemnify, defend and hold
harmless the CITY for any bodily injury or property damage aris-
ing from the performance of landscaping, or maintenance tasks by
the ASSOCIATION relating to this Project.
14. CITY and ASSOCIATION agree that either party may
terminate this Agreement on thirty (30) days written notice in
the event CITY or ASSOCIATION fail to provide improvements or
maintenance as stipulated.
Should termination occur, CITY re-
serves the right to adjust or remove landscape materials or
improvements as CITY may deem necessary.
CITY OF CLEARWATER, FLORIDA
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Ma:..~ger
Attest: ~"'-
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Approved as to form
and correctness:
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ISLAND ESTATES HOMEOWNERS
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INC.
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ESTIMATED
CITY COSTS ASSOCIATED WITH
ISLAND ESTATES AGREEMENT
MATERIAL & SUPPLIES
l. 25,000 sq. ft. St. Augustine sod $ 4,000.00
2. 39 Sabal Palms @ $47.50 1,852.50
3. Irrigation Supplies 2,000.00
4. 140' of 5' sidewalk 700.00
$ 8,552.50
LABOR
302 man hrs. @ $12/hr.
$ 3,624.00
Total Labor & Materials
$12,176.50
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SECTION 1.
INSTRUCT:tONS rro BIDDERS
1.1 PROPOSAL: Sealed bids will be received for furnishing
all labor, material, equipment supervision,
transportation and all other services necessary for
furnishing landscape maintenance service, for the City.
of Clearwater. Parks and Recreation Department, herein
specified and as required by the Department, (at the
time and locations as specified in the Bid Proposal).
Any bids received after the time and date specified for
bid opening in the Bid Proposal Form will not be
considered.
1.2 TERMS OF CONTRACT: The purpose of this bid is to
establ1.sh a contract for the purchase of maintenance
services for a twelve (12) month period.
1.3 EXAMINATION OF SITE(S): Each bidder is required before
submitting his/her proposal, to visit the site of the
proposed work and become familiar with any local
conditions which may in any manner affect the work to
be done or affect the equipment, materials and labor
required. The bidder is also requirea to examine
carefully the specifications and conditions and inform
himse 1 f Iherse 1 r thoroughly' regarding any and all
conditions and requirements that may in any manner
a ffect the work to be' performed .u.."lder this contract.
No additional allowances shall be made because of lack
of knowledge of these conditions.
NOTE: Bidders shall contact Mr. Mark Roether at (813)
462=6531 for any information regarding the services to
be rendered and these specifications.
1.4 LOCATION: COURT STREET TRIANGLE: A triangular median
at the intersection of Court St. and Chestnut St.
Address is 1000-~ Court St., Clearwater, FL.
SEE ATTACHED MAP.
SECTION 2. - GENERAL CONDITIONS
2.1 SCOPE: Work under this contract(s) shall include the
furnishing of all labor, material, equipment,
supervision, transportation and other services
necessary to do the landscape maintenance at the
designated area as specified herein.
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DUring- and a.t the end' ot the maintenance perio9., all
plant materia.l shall be in a healthy, growing,
condition equal to o~.better. ~han at the beginninq of
the maintenance period.'. '
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2.2 CONTRACTOR'S RESPONSIBILITY:
2.2.1
Local Office: The Contractor shall maintain
a local office with a competent company
representative that can be reached during
normal working hours and authorized to
discuss matters pertaining to this contract
with a Parks and Recreation Representative.
A local office is one that can be reached by
telephone without it being a toll call.
An answering machine service of mobile
telephone shall fulfill the requirement for a
local office.
2.2.2
Contractor (s) and Independent Contractor;
Indemnification: The Contractor(s) shall act
under the contract(s) as an independent
contractor and will not be an agent or
employee of the City. The Contractor(s)
shall not tepresent or otherwise hold out
itself or any of its directors, officers,
partners,' employees, or agents to be an age~t
employee of the City. The Contractor(s)
shall i~demnify and otherwise hold harmless
the Ci.ty, and its officials, officers,
directors, - employees, agents and oth~r
representatives, from all liability, loss, or
damage (including reasonable attorney's fees
and other co~ts of defense 'resulting from
damage or injury to persons or property
caused, or claimed to have been caused, by
acts or omissions of the Contractor(s).
2.2.3
Laws, Permits and Regulation: The
Contractor(s) shall have all necessary
licenses and permits (City, County, State) as
required for work under this contract; and
shall comply with all laws, ordinances,
regulation, etc., applicable to the work
contemplated herein.
The bidder is presumed to be familiar with
all local laws, ordinances and regulations
that may in any way affect the work.
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2.2.5
2.2.6
2.2.7
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Ignorance on the part of the bidder will in
no. way relieve. him/her trom responsibility.
Responsibility for Work: The Contractor(s)
shall be responsible for all damage, loss or
injuries that occur as a result of the fault
or negligence of said Contractor (s) or
his/her employees in connection with the
performance of this work.
The successful bidder (s) shall not assign,
transfer, conveyor otherwise dispose of this
contract(s), or of any or all of his/her or
its rights, title 'or interest herein, or
his/her or its power to execute such contract
to any person, company or cooperation without
prior written consent of the City.
Cancellation: Either party may cancel the
contract(s) with or without cause by giving
thirty (30) days written notice to the other
party.
Insurance: The Contractor(s) shall indemnify
and save the City harmless from any and all
claims, liability, losses and courses of
actions which may arise out of the
fulfillment of this Agreement. The
Contractor(s) ~hall pay all claims and losses
of any nature whatever in connection
there~ith, and shall defend all suits in the
name of the City when applicable, and shall
pay all costs and judgments which' may issue
thereon.
The Contractor(s)
term of this
insurance:
shall maintain during the
agreement the following
a) Workers' Compensation Insurance for all
employees of the Contractor(s) as required by
Florida Statue 440.
b) Public Liability Insurance on
comprehensive basis, in amounts not less than
$100,000 per person and $300,000 per
occurrence for bodily injury, and $50,000 per
occurrence for property damage.
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C) J1.utomobil~ Liability Insurance coverinq l."
all owned, : non-owned. and hired vehicles used .'
in connection '"with'; the work, in amounts not 4'
less than $10~, 000', per' person and $300,000' i'
per occurrence for bodily injury and $50,000
per occurrence for property damage.
J1.11 insurance policies shall be issued in
companies authorized to do business under the
laws of the state of Florida.
The Contractor (s) shall 'furnish Certificates
of Insurance to the City of Clearwater's
Parks and Recreation Department naming the
city of Clearwater as additional insured
prior to the commencement of operations, and
no material change or cancellation of the
insurance shall be effective without thirty
(30) days prior written notice to the City.
Compliance with the foregoing requirements
shall not relieve the Contractor (s) of
his/her liability and obligation under this
Section or under any other section of this
Agreement.
2.2.8
Employees1 J1.l1 employees or the Contractor(s)
shall be consider~d to be at all times the
sole employees of the Contractor(s) under
his/her sole direction and not an employee or
agent of the City. The Contractor(s) shall
supply competent and physically capable
employees and' the City may require the
Contractor(s) to remove an employee it deems
careless, ,incompetent, insubordinate, or
otherwise objectionable and whose continued
employment on City property is not in the
best interest of the City.
2.2.9
Repairs to Existing Facilities:
2.2.9.1
JU1 portions of the existing
structure" facilities services,
utilities, roads and irrigation
systems shall be protected against
damage or interrupted service at
all times by the Contractor(s)
during, the term of these
contract (5) . Any damage to the
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2.2.10
2.2.11
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property as, a result of the
performance of work by the
Contractor (s) under this
specification durinq the term of
the contract (s) shall be repaired
or replaced' in kind and in an
approved mariner. All work of this
kind shall be performed by the
Contractor(s) at no cost to the
. City and, shall be as directed by
the Parks and Recreation Department
Representative. Repairs . to
facilities shall be made
immediately after damage or
alteration occurs, unless 9therwise
directed.
2.2.9.2 Repairs to the existing structures
or facilities, including irrigation
systems, which are damaged or
altered in any way, including acts
of . God, . vandalism, vehicular
damage, theft, or undetermined
damages, that do not resul t from
the performance of work by the
Contractor(s) shall be repaired by
. the City at no cost to the
Contractor (s) , except where the
specifications provide other~ise.
2.2.9.3 The Contractor(s) shall notify the
Parks and Recreation Department
within" twenty four' (24) . hours,
after discovery. of any damage
caused by accident, vandalism,
theft, acts of God, or undetermined
causes.
Safety Requirements: T~e Parks and Recreation
Department reserves the right to issue
restraint'or cease and desist orders to the
Contractor(s) when unsafe or harmful acts are
observed or reported relative to the
performance of the work under this
contract(s).
Hazardous Conditions: The Contractor(s) shall
maintain all work sites free of hazards to
persons and/or property resulting from
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his/her operations .. Any hazardous con~ition
:no-ted by the li'Contractor (s), which. is not a "
',result ot:,.:J<his/her::' operations, shall
immediately"be reported to the Parks and
Recreation. Department at 10 South Missouri
Avenue, City H~ll Annex, 462-6531.
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2.3 FAILURE TO PERFORM SATISFACTORILY
2.3.1
2.3.2
It is agreed and understood that in the short
run if the contractor(s) fails to perform the
work as specified herein, the Parks and
Recreation Department (1) will only pay for
the amount ot service received as determined
by the Parks and Recreation Department with
an appropriate downward adjustment in
contract price, or (2) may have such repair
work done by. Parks and Recreation staff or
otherwise.
Default of Contracts: The City may by
written notice delivered to the Contractorls)
gi ven address terminate the contract (s) if
the Contractor(s) has been found to have
failed to 'perform his/her services in a
manner satisfaccory to the City as per
specifications. The date of termination
shall be stated in the notice. The City
shall be sole judge of nonperformance.
BIDDER'S STATEMENT OF EXPEiUENCE, TECHNICAL ABILITIES
A1\l REFERENCES: The bidder is required to submit a.
minimum of two' (2)" references' which will 'enable 'the
City to judge his/her responsibility, experience, and'
skill with landscape maintenance. The City reserves
the right to reject any bid when, in its opinion, the
bidder has insufficient experience, responsibility,
skill or business standing to perform the proposed work
in strict compliange with the specifications, or when
the information provided' by the bidder is insufficient
for making a judgment. ~ ,
2.4
PAYMENTS WITHHELD:
such extent as may
from loss due to:
The 'City may withhold payment to
be necessary to protect the City
2.5
2.5.1
Work required in the specifications which is
defective, incomplete, or not performed.
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PAYMENT: The Contractor shall' submit bills to the
Parks and Recreation Department. Bills shall indicate
the date of service and services rendered. Invoices
shall be submitted monthly lat the end of each month)
for services rendered during said month.
SECTION 3. - LAWN MAINTENANCE SPECIFICATIONS
3.1 SCOPE:
To mow, edge, and trim lawns; removing trash and debris
from landscape and lawn' areas; removal of clippings;
maintenance and care of plant beds and landscape
materials; and the cleaning of hard surfaces at
designated areas in the City of Clearwater. The
Contractor is to work with the Clearwater Parks and
Recreation Department in coordinating maintenance
activities and reporting irregularities in the work
zone.
The Contractor (s) will provide the labor and materials
required to maintain the street median (approximate size
3,910 s.f.) at the intersection of Court Street and
Chestnut Street, including:
. Traffic safety;
. Trash and debris r~.oval from the job site;
. Mowing of turf;
. Edging of turf from hard surfaces and lan~scape areas;
. Removal of excess grass clippings;
. Removal of weeds in landscaped areas;
. Proper trimming and pruning of landscape plants and
trees;
. Proper fertilization and pest control of landscape and
lawn (may be subcontracted);
. Irrigation service and.repair;
. Mulch replacement;
. Cleaning of hard surfaces; and the
. Reporting of irre1ularities at the job site.
3.2 SCHEDULING OF WORK:
3.2.1
The Contractor ls) shall accomplish all lawn
maintenance required under the contract
bet'..leen the hours of 1:00 a.m. and 7:00 p.rn.
Monday through Saturday, excluding observed
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3.2.2
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holidays. 'The Parks and Recreation
Department may.. grant, on an individual basis,
permission to perfo~.contract maintenance at
other hours., ".
All work' shall be completed in a continuous
manner, that is the mowinq, edging, trimming,
etc. , be completed be~ore leaVing the job
site.
3.3 WORK METHODS:
3.3.1
3.3.2
Maintenance schedUling:. The Contractor(s) will
adhere to a work schedule provided by the City
(see Section 3.3.3). '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.
Duties per service visit: The Contractor(s)
shall provide the following service at each
scheduled visit to the designated lOcation:
Litter -'Remove trash and debris from the area
to' be maintained. Proper disposal of collected
trash and. debris is a requirement of the
contractor. ': Extraordinary amounts of debris
caused by hurricanes, tornadoes, vandalism,
etc.,. would ~e the responsibility of the Parks
Division to cl.ean up. The contrac~or should
report such accumulations of debris when they
are encountered. Bids for the extraordinary
cleanup from the contractor 'would be
considered.
Mowing - All.. turf areas to be mowed at a
height of four inches above the ground
surface. Cuts should be clean, with properly
sharpened blades. . Mowers should not direct
discharge into the street, unless unavoidable,
and proper ~eflectors 'should be attached at
discharge points of the mower. Discharge
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should also. not be directed into any storm
drainage syst~or land~caped area.
Clippings - Bagging is not required but any
heavy amounts of clippings, that would be
visible 24 hours after mowing, should be
removed. Any clippings left on hard surfaces
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should be swept', or blown 'off.
not be blown into the street.
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Clippings should
Edginq and trirmdnc; " - All site features
(curbs, walks,' . shrubs, trees, or other fixed
objects) shall be trimmed or edged, whichever
is applicable. string trimming is not to be
done against the base of any tree, but may be
done around palms. Herbicides can be utilized
to maintain edges of shrub and tree areas if
applicator is properly certified. Herbicides
shall not be used to edge walks and curbs.
Visual Check - The site should be checked for
irregularities" such as irrigation leaks,
vehicle damage, dead turf or plant material,
vandalism, etc., which should be reported to
the Parks Division within 48 hours after
providing the service.
Plant and Tree Trimning and Pruning - All
plant material should be trimmed in a manner
that promotes the natural shape and mature
size of the particular specie. Trimming should
be per for:ned at interva,ls that wi 11 maintain
plants in a neat appearance. Ligustrum trees
should be Kept elevated as to ~here .the bottom
of the canopy is clear to six feet from the
ground surface. Shoot suckers should be kept
off the t=unk system as to maintain the clear
multi-trunk appearance. Canopy tops should not
be sheare1, but. occasional pruning of long
shoots may "be"': necessary to malntain the
"mushroom" shape that is normally associated
with Ligustrum trees.
Plant and Tree Fertilization - All tree and
plant material should be fertilized with the
appropriate amount of 20-6-12 sulfur coated,
slow release, ornamental fertilizer, three
times per year. Applications should be made in
mid-February, early June, and mid-September.
Weed Removal, in Landscaped Area - Weeds should
be removed on a regular basis in order to keep
them from being visibly noticeable. Weed
control with the use of appropriate herbicides
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allowable, ., qiven they are
a. cert1fied:,applicator.
properly applied
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Mulch Condition - Should be maintained at a
thickness that will discourage weed growth as
well as heip' ~etain soil moisture; usually 3
inches.
Irrigation Service and Repair Should be
performed after each mowing to assure the
systems proper operation and timing. Heads
should be turned and unclogged as needed to
achieve proper coverage. Drip tubing should
be kept covered with mulch. Timer should be
checked for proper time of day and
operating schedule. Leaks or breaks in the
system should be repaired before the next
scheduled system running time. All repairs
which will be charged at $20.00 or more must
be approved in advance by the Parks and
Recrea~ion Department. Minor repairs, less
than $20.00, should be billed to the Parks
Department . in addition to the monthly
maintenance fee.
Lawn and 9rnamental Pest Control - Should be
performed by: a properly licensed and certified
applicator to keep pest .pop~lations at a less
than damaging level. Landscape materials lost
to or extensively damaged by pests will be
replaced by the contractor at the contr~ctor's
expense. Diatanon products are not .to be used
on city properties.
Lawn Fertilization Apply one pound of
Nitrogen and one pound of Potassium evenly per
thousand square feet of turf area. Nitrogen
should be in a minimum 25% slow release
formula. ~pplications should be made once in
late February and once in late August
of each year. Applications should be performed
in accordance :with irrigation scheduling and
turf conditions to avoid burning. Where
irrigation does 'not exist, available Nitrogen
shall be in a minimum 50\ slow release
formula. Fertilizer should be removed from
hard surfaces,to avoid staining.
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~nual Flower,Maintenanca (where applicable) -
Based on two'plant1ngs per year, the city will
provide a pre~plant fungicide drench'ot flower
bed areas; install appropriate plants; apply a
granular, slow release fertilizer; and
irrigate to establishment. Contractor will
provide weed removal; pinching and pruning;
replacement 'plantinqs; regular pesticide/
fertilizer applications; removal of faded
plants at the end of the growing season; and
preparation of soil and remulching for the
next planting.
Pinching/pruning: Plants shall be tip pinched
to promote fullness and branching, as needed,
for first six weeks starting two weeks after
planting. plants should be pruned to keep them
within bounds of the bed area.
Replacements: Plants that fail or are missing
shall be replaced with the same variety upon
the next scheduled visit to the site. The
Contractor shall furnish the plants, which
should be no smaller than a 4" container.
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?esticide/Fertilizer Aoolications: The
following pesticide/fertiiizer combination
shall be foliar applied in a spray solution at
every service visit: One pound Orthene 75%
~p; One and' one half pound of Zyban fungicide:
and Eight pounds of water soluble 20-20-20
fertilizer, per 100 gallons of water. Cover
plants thoroughly to the point'of runoff.
Substitute a water. soluble 10-30-20 for the
20-20-20 after the first six applications and
continue applications up to one month from
expected removal date.
plant Removal: The Contractor will remove the
faded plants at the end of the growing periods
and disP9se of them properly.
Soil Preparation/Remulching: Contractor shall
turn soil to loosen clods and roots existing
in the planting area in preparation for the
next crop. Shredded Cypress mulch should be
added as necessary to maintain a minimum
thickness of one inch. No more than two inches
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of mulch should' be pla.ced in the
area.
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Level of Service: This location is designated
as a level ~ -: ~~rv~ce, requlre~ent.
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Level 2 - Schedule service for the 2nd week of
January and February; the 2nd and 4th weeks of
March, Apr~l;: May, . and June (these biweekly
visits should. occur no closer than ten and no
further than seventeen calendar days apart);
the 2nd, 3rd, . and 4th weeks of July; weekly in
August: t.he', first three weeks of September;
the 1st and 3rd weeks of October; and the
first weeks of November and December for a
total of 24 visits for the year.
3.3.4
Completion of Work: Within 48 hours of
completing work the contractor shall notify
the supervisor assigned to monitor the
contract either in person or by phone of said
completion. It is acceptable to leave a phone
message. However, to make certain the message
is received" it is advisable to call between
6:30 a.m. - 1:30 a.m. or 3:00 p.m. - 3:30 p.m.
Inspection and ~pproval Upon receiving
notification frem the Contractor, the City
shall inspect the serviced location the
following business day. If, upon inspection,
the work specified has not been completed, the
City shal~ 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.
3.4 SPECIAL CONDITIONS:
1. This location shall have been maintained in an
equal manner prior to transferring maintenance
responsibility to 'the Contractor.
. '
2. ~ll listed acreage,or square.footage figures are
estimates.
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All maintenance shall be performed in a. g-ood and
workmanlike ',r,lanner, consiste~t with trade practices
and standards which prevail in the industry.
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4. The Contractor shall be responsible for damage to
any plant material or site feature caused by the
Contractor or 'his/her employees. The Contractor
shall be notified in writing of the specific nature
of the damage and cost of repair. The city shall,
at its option, invoice the Contractor for the
payment, or reduce by the amount of the repairs the
next regular payment to the Contractor.
S. Occasionally. circumstances (standing water,
prolonged inclement weather, parked vehicles, etc.)
may make all or portions of a location
unserviceable durinq the regular schedule. The
Contractor shall notify the City Supervisor of such
occurrences, and shall schedule to perform the
required maintenance to the location as soon as the
pertaining circumstances are relieved.
6.
All bidders must submit proof of
licenses if requested.
applicable
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1. The City may l,'equest additional services based on
the individual' site costs. submitted as a part of
this bid.
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