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2007-054 Agrmt. Delray Garden Center for Prosperity Farms Rd. Beautification Project~J RESOLUTION 2007-54 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT WITH DELRAY GARDEN CENTER, INC. FOR THE PURCHASE AND INSTALLATION OF TREES AND VEGETATION FOR THE PROSPERITY FARMS ROAD BEAUTIFICATION PROJECT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE. • WHEREAS, at its April 12, 2007 meeting, the Village Council accepted the bid of Delray Garden Center, Inc. for the purchase of landscape materials and services to complete the Prosperity Farms Road Beautification Project; and WHEREAS, the Village Council determined that acceptance of this bid was in the best interests of the Village; and `J~HEREAS, the Village wishes to enter into a formal agreement with Delray Garden Center, Inc. for the purchase and installation of trees and vegetation for the Prosperity Farms Road Project. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. ~ Section 2. The Village Council of the Village of North Palm Beach, Florida, hereby approves a Contract with Delray Garden Center, Inc. for the purchase and installation of trees and vegetation for the Prosperity Farms Road Beautification Project , a copy of which is attached hereto as Exhibit "A" and incorporated herein, and authorizes the Mayor and Village Clerk to execute the Contract on behalf of the Village. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 26th DAY ~..~, 11~„~, ,, (V~llagel'Seal) /,, 1< ~,, t .1 ~. ,, 1 ,,, /'ATTEST: ,~' ' 1 IS ,1111111111111 \1 l 1 11,` 11 ~1` ~ VILLAGE CLERK CONTRACT FOR PURCHASE AND INSTALLATION OF TREES AND VEGETATION This Contract is made as of the` day of ~l , 2007, by and between the VILLAGE OF NORTH PALM BEACH, Palm Beach County, Florida a Political Subdivision of the State of Florida, by and through its Village Council, hereinafter referred to as the VILLAGE, and DELRAY GARDEN CENTER, INC, a corporation authorized to do business in the State of Florida, hereinafter referred to as the CONTRACTOR, whose Federal I.D. is 65-0387569. In consideration of the promises and mutual covenants herein contained, it is hereby agreed that the CONTRACTOR shall provide to the VILLAGE all goods and services necessary for the purchase and installation of certain trees and vegetation (as more fully described in Section 1 of this Contract) for the VILLAGE at Prosperity Farms Road, Village of North Palm Beach, FL 33408 and pursuant to the terms and conditions of this Contract. SECTION 1: GOODS AND SERVICES OF THE CONTRACTOR. A. The CONTRACTOR shall provide all goods and services necessary for the purchase and installation of those certain trees and vegetation as more fully described in the scope of work, attached hereto and incorporated herein as Exhibit "A", to that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality at the time the services are provided. In providing said goods and services, the CONTRACTOR shall also comply with all terms and conditions stated in the General Notes attached hereto and incorporated herein as Exhibit "B". B. The goods and services to be provided by the CONTRACTOR shall be commenced subsequent to the execution and approval of this Contract and upon written notice from the VILLAGE to proceed. SECTION 2: TERM OF CONTRACT. A. This Contract and the provision of all work, material and equipment hereunder to complete the project by CONTRACTOR shall be for a period of time necessary for CONTRACTOR to obtain all goods and provide all services to the VILLAGE or for such other period of time agreed to in writing by the parties in accordance with the terms and conditions of this Contract from the date of a Notice to Proceed from the VILLAGE. 3827 The CONTRACTOR shall not be entitled to an increase in the agreed to compensation in this Contract or payment or compensation of any kind from the VILLAGE for direct, indirect, consequential, impact or other costs, expenses or damages. SECTION 3: VILLAGE'S REPRESENTATIVE. Unless otherwise specified by the VILLAGE, the VILLAGE's representative shall be Wiley Livingston, Director of Public Works. SECTION 4: COMPENSATION AND METHOD OF PAYMENT. A. The VILLAGE agrees to compensate the CONTRACTOR in accordance with Exhibit "A" attached hereto and incorporated by reference herein. The total and cumulative amount of this Contract shall not exceed the amount stated in Exhibit "A". B. In order for both parties herein to close their books and records, CONTRACTOR will clearly state "final invoice" on the CONTRACTOR'S final/last billing to the VILLAGE. This certifies that all goods and services have been properly performed and all charges have been invoiced to the VILLAGE. Since this account will thereupon be closed, any and other further charges if not properly included in this final invoice are waived by the CONTRACTOR. The VILLAGE will not be liable for any invoice from the CONTRACTOR submitted thirty (30) days after the provision of all goods and services. SECTION 5: INDEMNIFICATION. A. The CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its agents, servants, and employees from and against any and all claims, liability, losses, and/or cause of action which may arise from any negligent act or omission of the CONTRACTOR, its agents, servants, or employees in the performance of services under this Contract. B. The CONTRACTOR further agrees to indemnify, save harmless and defend the VILLAGE, its agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of any conduct or misconduct of the CONTRACTOR its agents, servants, or employees not included in the paragraph above and for which the VILLAGE, its agents, servants or employees axe alleged to be liable. C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the waiver provided in § 768.28, Florida Statutes. SECTION 6: PERSONNEL. A. The CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the VILLAGE. B. All of the services required hereunder shall be performed by the CONTRACTOR or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services. C. All of the CONTRACTOR'S personnel (and all sub-contractors) while on VILLAGE premises, will comply with all VILLAGE requirements governing conduct, safety, and security. 2 SECTION 8: TERMINATION. 3827 This Contract may be cancelled by the CONTRACTOR upon ten (10) days prior written notice to the VILLAGE'S representative in the event of substantial failure by the VILLAGE to perform in accordance with the terms of this Contract through no fault of the CONTRACTOR. It may also be terminated, in whole or in part, by the VILLAGE, with or without cause, upon ten (10) days written notice to the CONTRACTOR. Unless the CONTRACTOR is in breach of this Contract, the CONTRACTOR shall be paid for services rendered to the VILLAGE's satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the VILLAGE, the CONTRACTOR shall: 1. Stop work on the date and to the extent specified. 2. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. 3. Transfer all-work in progress, completed work, and other materials related to the terminated work to the VILLAGE. 4. Continue and complete all parts of the work that have not been terminated. SECTION 9: FEDERAL AND STATE TAX. The VILLAGE is exempt from payment of Florida State Sales and Use Tax. The VILLAGE will sign an exemption certificate submitted by the CONTRACTOR. The CONTRACTOR shall not be exempted from paying sales tax to its suppliers for materials used to fill contractual obligations with the VILLAGE, nor is the CONTRACTOR authorized to use the VILLAGE'S Tax Exemption Number in securing such materials. SECTION 10: INSURANCE. A. Prior to commencing any work, the CONTRACTOR shall provide certificates evidencing insurance coverage as required hereunder. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The Certificates shall clearly indicate that the CONTRACTOR has obtained insurance of the type, amount, and classification as required for strict compliance with this Section and that no material change or cancellation of the insurance shall be effective without thirty (30) days' prior written notice to the VILLAGE'S representative. Failure to comply with the foregoing requirements shall not relieve the CONTRACTOR of its liability and obligations under this Contract. B. The CONTRACTOR shall maintain, during the life of this Contract, commercial general liability, including contractual liability insurance in the amount of $500,000 per occurrence to protect the CONTRACTOR from claims for damages for bodily and personal injury, including wrongful death, as well as from claims of property damages which may arise from any operations under this Contract, whether such operations be by the CONTRACTOR or by anyone directly employed by or contracting with the CONTRACTOR. 3 C. The CONTRACTOR shall maintain, during the life of this Contract, comprehensive automobile liability insurance in the minimum amount of $500,000 combined single limit for bodily injury and property damages liability to protect the CONTRACTOR from claims for damages for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use, or maintenance of owned and non-owned automobiles, including rented automobiles whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR. D. The parties to this Contract shall carry Workers' Compensation Insurance and Employer's Liability Insurance for all employees as required by Florida Statutes. In the event that a party does not carry Workers' Compensation Insurance and chooses not to obtain same, then such party shall in accordance with Section 440.05, Florida Statutes, apply for and obtain an exemption authorized by the Department of Insurance and shall provide a copy of such exemption to the VILLAGE. 3827 All insurance, other than Worker's Compensation, to be maintained by the CONTRACTOR shall specifically include the VILLAGE as an Additional Insured. SECTION 11: SUCCESSORS AND ASSIGNS. The VILLAGE and the CONTRACTOR each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the VILLAGE nor the CONTRACTOR shall assign, sublet, convey or transfer its interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the VILLAGE and the CONTRACTOR. SECTION 12: DISPUTE RESOLUTION. LAW, VENUE AND REMEDIES. A. All claims arising out of this Contract or its breach shall be submitted first to mediation in accordance with the local rules for mediation in Palm Beach County, Florida. The parties shall share the mediator's fee equally. The mediation shall be held in Palm Beach County, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 3827 This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 4 SECTION 13: INDEPENDENT CONTRACTOR RELATIONSHIP. The CONTRACTOR is, and shall be, in the performance of all Services under this Contract, an Independent CONTRACTOR, and not an employee, agent, or servant of the VILLAGE. All persons engaged in any of the Services performed pursuant to this Contract shall at all times, and in all places, be subject to the CONTRACTOR'S sole direction, supervision, and control. The CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the Services. SECTION 14: ACCESS AND AUDITS. The CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the Services for at least three (3) years after completion of this Contract. The VILLAGE shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the CONTRACTOR'S place of business. In no circumstances will CONTRACTOR be required to disclose any confidential or proprietary information regarding its products and service costs. SECTION 15: NONDISCRIMINATION. The CONTRACTOR warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. SECTION 16: ENFORCEMENT COSTS. Except for mediation, if any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. SECTION 17: SEVERABILITY. If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. SECTION 18: MODIFICATIONS OF WORK. A. The VILLAGE reserves the right to make changes in the work, including alterations, reductions therein or additions thereto. Upon receipt by the CONTRACTOR of the VILLAGE's notification of a contemplated change, the CONTRACTOR shall, in writing: (1) provide a detailed estimate for the increase or decrease in cost due to the contemplated change, (2) notify the VILLAGE of any estimated change in the completion date, and (3) advise the VILLAGE if the contemplated change shall effect the CONTRACTOR's ability to meet the completion dates or schedules of this Contract. 5 B. If the VILLAGE so instructs in writing, the CONTRACTOR shall suspend work on that portion of the work affected by the contemplated change, pending the VILLAGE's decision to proceed with the change. 3827 If the VILLAGE elects to make the change, the VILLAGE shall initiate a Contract Amendment and the CONTRACTOR shall not commence work on any such change until such written amendment is signed by the CONTRACTOR and approved and executed by the Village of North Palm Beach. SECTION 19: PUBLIC ENTITY CRIMES. CONTRACTOR acknowledges and agrees that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, sub-contractor, or CONTRACTOR under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statues, for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. The CONTRACTOR will advise the VILLAGE immediately if it becomes aware of any violation of this statute. SECTION 20: PROTECTION OF WORK AND PROPERTY. A. The CONTRACTOR shall continuously maintain adequate protection of all work from damage, and shall protect the VILLAGE's property from injury or loss arising in connection with the Contract. Except for any such damage, injury, or loss, except that which may be directly due to errors caused by the VILLAGE or employees of the VILLAGE, the CONTRACTOR shall provide any necessary materials to maintain such protection. B. Until acceptance of the work by the VILLAGE, the VILLAGE's property shall be under the charge and care of the CONTRACTOR and the CONTRACTOR shall take every necessary precaution against injury or damage to the work by the action of elements or from any other cause whatsoever, and the CONTRACTOR shall repair, restore and make good, without additional work occasioned by any of the above causes before its completion and acceptance. 3827 The CONTRACTOR will also take every necessary precaution to ensure the safety of the VILLAGE, public and other guests and invitees thereof at or near the areas where work is being accomplished during and throughout the completion of all work. SECTION 21: WARRANTY/GUARANTY. CONTRACTOR warrants that its goods and services, including all new plant material, provided under this Contract will be free of defects in materials and workmanship for a period of one (1) year following completion of those Services. Replacement and/or repair of any goods or services shall be consistent with 6 Exhibit "B", General Notes. SECTION 22: NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to the VILLAGE shall be mailed to: Village of North Palm Beach Attn: Wiley Livingston Village Hall 501 US Highway 1 North Palm Beach, FL 33408 and if sent to the CONTRACTOR shall be mailed to: Delray Garden Center, Inc. Attn: 3827 West Atlantic Avenue Delray Beach, FL 33445 The foregoing names and addresses may be changed if such change is provided in writing to the other party. SECTION 23: ENTIRETY OF CONTRACTUAL AGREEMENT. The VILLAGE and the CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. SECTION 24: WAIVER. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be deemed a waiver of that parties' right to enforce or exercise said right(s) at any time thereafter. SECTION 25: PREPARATION. This Contract shall not be construed more strongly against either party regardless of who was more responsible for its preparation. SECTION 26: SURVIVABILITY. Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. SECTION 27: WAIVER OF SUBROGATION. CONTRACTOR hereby waives any and all rights to Subrogation against the VILLAGE, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into apre-loss agreement to waive subrogation without an endorsement, then CONTRACTOR shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy 7 specifically prohibits such an endorsement, or voids coverage should CONTRACTOR enter into such an agreement on a pre-loss basis. fTHE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANKI 8 IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract for the Purchase and Installation of Trees as of the day and year first above written. DELRAY GA~pEN CENT~,R, INC. BY: Print Name: ~~/~ ,/ G~~~ S Position: - VILLAGE OF NORTH PALM BEACH .,`''~jt trl ~ ~E~1a ~ r~RD M. ISS Y MA -FtO-R. ~~ ~~~, `~ :' r I,. ' ` ATTEST: ~`.; ~ ~ s ''t ,c ~~ <<,~. ~ ~~`~~ ~Illt~~~ - BY: l'~ MELISSA TEAL, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: VILLAGE ATTORNEY EXHIBIT ~~A" SCOPE OF WORK GOODS AND SERVICES TO BE PROVIDED BY CONTRACTOR: The CONTRACTOR, Delray Beach Garden Center, Inc., shall provide the following goods and services to the Village of North Palm Beach (VILLAGE): - Removal and disposal of all designated dead trees on or near Prosperity Farms Road, in the Village of North Palm Beach, Florida. - The provision of the following trees and vegetation: - Eleven (11) Live Oak Trees (16'ht. x 6' spread) Florida Grade #1, which have been hardened off and are ready to be planted. - Thirty-five (35) East Palatka Holly Trees (14'ht. x 5' spread). - Eight (8) Cabbage Palm (12' - 18'ht.) - Twenty Seven (27) Winnin Palm (10' gray wood, matched) - Five Hundred and Forty-Two (542) Green Island Ficus The above trees shall be installed in designated areas on or near Prosperity Farms Road, in the Village of North Palm Beach, Florida. The VILLAGE will be responsible for ensuring water to the trees two (2) times per day for ninety (90) days. The CONTRACTOR shall provide all other equipment, goods and/or services required for the removal and disposal of the dead trees and for the installation of the aforementioned trees including, but not limited to, sufficient soil, fertilizer, staking the trees, mulch and MOT plan. COMPENSATION OF CONTRACTOR: For the foregoing goods and/or services, the CONTRACTOR shall be compensated by the VILLAGE a total amount not to exceed Seventy-Three Thousand Seven Hundred Fifty-Four Dollars ($73,754). Once the VILLAGE approves and executes a contract with the CONTRACTOR, the VILLAGE shall pay fifty percent (50%) or Thirty-Six Thousand Eight Hundred Seventy- Seven ($36,877) to the CONTRACTOR and the remaining fifty percent (50%) or Thirty- Six Thousand Eight Hundred Seventy-Seven ($36,877) to the CONTRACTOR upon the provision of all goods and services and receipt of a "final invoice" from the CONTRACTOR. 10 EXHIBIT "B" GENERAL NOTES FOR PROSPERITY FARMS ROAD BEAUTIFICATION PROJECT 11 CENERA,L NOTES: 1, PLANT'IdATER1AL• NLRLALLt+_lT1SIt.~i2l.~.htllL by florido Jl or~tj~ oa established by 'Grades and Sfondards for Nuraary Pbnts" of the state of Florida, Department of Agrtculture. 2 Nt trees, ahn,bs and groundcovera shall be of the at2es as epecffied 1n the Piont Uat. 3. Ouontities listed on the the Plant Llst are Ior astimnt{ng purgoaea. Contractor shot{ verify oil quantities. Muid7~ tapso8, tertfltter, etc. shall be Induded !n the unit coat of the plants. 4. t+k-er~e there !s a discrepancy either ti quantities. plant Homes, apes or apecifkotione between the pion or plant list. the plop takes praoedance. 5. Ail planting beds and water basins for trees shall be covered with o 3` minimum depth of shredded eucalyptus or tlorfmufch grade '8' or better. . 6. the Ftont-ng Pton shalt be installed h comps{once with all ex{sting codas and applicable deed restrictions. 7. SOD: All oreos not used for bupdtngs, vehicular use oreos, walks or planting beds shall. be grossed Grossing shall extend to any abutting street pavement edge and to the mean waterline of any abutting tonal, take or woter~roy. 8. PLJWi1NG SOIL: At1 trees and shrubs shall be planted with o minimum of 12` topadl around and beneath the rootbott. iJinlmurn topeop shall be 6' for groundcover oreos and 2` for sodded gross oreos. 4. Planting sdl to be a weed-free mixture o/ 5a0G sand. 4070 muck, and 10~t; Canadian pact. AI! plant moterld to recelw planting aoA ns per datatls. 10. Contractor Is responsible for daterrnhing oli utltl#y locations and lnstoilhg toctllttes so os to not conttict. Ati damage to existing utillt{ea a lmprovamonts caused by Conlroctor shalt be repaired .ot no odditlonot cost to the Owner, 11. Contractor to -:otify 'Sunshine` at t-800-638--4097 Tro Full Business Ooys prior to digging for underground utt11: ; ,acotlona. 12 Coniractor shalt be rssponaibla for providing f-nd grading of all ossoctoied pianthg oreos. t3. After ftrro{ groda. area to be coked to 6' depth and oil rock and toralgn horpanlc moteriola r~novad and disposad of property oH--sits. 14. A!I planting holes. to be hand dug accept whera machine dug fides wil! not adversely affect or domnQe utpit}as or }mprovementa (see note 8). 15. No plunging of any bee or palm will be accepted Al{ p{ants to be planted of tha nursery Qoda or silghlly higher. 16. Contractor shalt stake do guy all trees and palms of time of planting as per the appropriate detail. t.ontroetar is responslbfe far the malntenonca and/or repo4r of a!! stoking and guying during warranty period and remowl do dJapoaol of staking otter aatoblishment perbd. ~ . !7. Fertpller tvr gross oreos shaft bs NPK iii-4-8 O 125 Ibs/10th s. f. or 545 tbs/acre. .Nitrogen 507f; sJnw releosa form dr tertMzer to indude aacondnry mlcronutriafils. t8. SUBS7TIUTiONS ANO CHANGES Att wbstltu~lona and dsonges shall be approved to writJng prior to instotlotion. Any discrepancies between plans, Ite and specifications shalt ba brought to the Irnmedlota ottentian at :tt-a Landscape Architect. the owner and governing munlcipditX 7S. WATirRING: All plant material shot! be watered (n of time of planting in occor'donee with standard nursery practices. ' In odditfan, Contractor wIi conthue watering of punt material unlit substonlto! eompietlon and os needed thereafter for o period of 7 months. ~• All new plant material shell t>e guaranteed for i year Morn time of knot acceptance of project. My plant rnoterlo! not fn o healthy growing condition wUt be replaced by the Cont-actor of no oddit{onot coat to the Owner wlthh 14 Boys' 01 nottficotbn. For sit replacement plant rnoterfoi, tho warranty period shaft be extended an odditionol 45 dogs beyond the or{flinal warranty period. All trees that lean or ore blown over, caused by winds tees than 73 nigh, wilt be re-set and brQCad by the Contractor at no odditionol cost to the Owner. 21. The succeas/ul bidder shall furnlaiti !o the Owner o unit prke breakdown for dl rnatertols. The Owner may, of its dlacretion, odd or delete from the materials utilizing the unit prJce breakdown submitted. 22. No plans material will be accepted showing evidence of cable, chain marks. equipment scars, or otherwise damaged. ?3. Ptont materiel w~{ not be accepted when the baN of Borth surrvunding Its roots has been cracked, broken ar otherwise damaged. 24. Root-prune oil trees o mhlmum of (t3} weeks prior to planting. ' 25. Ali londacoped areas wNl be irrigated by on underground. outo-notlc, rust-ire• trrigotton eyetem providing 10071: coveroga and 100X spray overlap. The system shall be mahtatned In good warking order and designed to minimize water on impervious seMcea and not av~srsproy walkways. A rain sensor device shod be installed to ovsrrid• the irrigation cycle of the •yst•an when adequate rolnlolt has oca,ned. 26. All plant materiel p{onted within the sight distance triangle areas (see pion) aholf provide unobstructed does--vtsJb~tty of o horttontat levrl between 30 lnchee and 6 feel oboes adjacent street grads. 27. No canopy trees shall bs planted within 12 teat of o light pde. No pdm species shall be planted within ti feet vt a tight pde. 2a. Graund cover plantings shalt provide not less thou SO percent covoroge knmedlataly upon plantMg and 100 percent coverage within 6 months otter planting. 29. Tres protection barricades shalt be provided by i.andacope Contractor wound existing tread that may be Jmpocted by the propoaad construction. Prior to any construction o tree protection barricade inapecflon shot) be conducted by the londacope architect, owner or govern)ng municipopty: Reface to landscape detoA for tree preservotlon barricade fenchg. 30. to alt pedestrian areas, di trees and palms shell be maintained to dtow for door passage of on 8 foot door trunR 3t. AN landscape motarJd shall be setback o minimum of 10' from any Flre HydronL 32. Roof barriers shell be Jmplernented around any utlUlty where o proposed landscape !r^ee Is with (n a distance of ice. Do upT cut UI.DER 0„ D O OQ p~ PRUNE OPL!AGEO OR pEAD `C/~ W000 IMIAEDl4ElT FPIOR ~0 DOa ~ 00000 To FwmNC <s aREaED BY THE wJOSCAPE aea(RECT ~ 0~,{!(~~UO 00 00 ~ ~ o ((Kxi^r O~ O PRO'cCT TREE Wm1 BURUP U'i+o 0 (o) ~ 1' WIDE MIN. NYLON Si RFFIIJG A7 EOUFL SPACING (J FER TREE) 0 UO O ~ MUI.GH, L' DEEP DN P.00T ZONE 3' PISW fOfl WATEPJNG. MULCH, 3' DEEP RVJGE NIRKER CEirt SET CROWN OF R00T BALL 0'-2• ABOf SURRDUNOWG iINISH GRADE ~,: UNDE BURIM FROM BASE OF TRUIDC. / ~ .- I-: TRIM AS NECESSARY. F I- ~/ / I= 2'z2'z2' STN(E TOP TO BE ~-; ~'~:' 2' MIN BElOVI FINISH CPAOE -6 I ~- -- eACKFTLL wm+ PL1xnNC so1L SET ROOTBVl ON UNOISNRBEO SOIL 2z BALL OIA. (2R cal. and over) LARGE TREE PLANTING DETAIL NT8 UNRE FFANOS MEAL STRAPS SECURING 2'a~'zt 2' WOOD PAT7EIJ5 MIN 5 DYERS EUF.LA° TOE i1A1L BRACES TO 27.4' N.'p00 BATi-1e J5 0/RAAIGE N1P.KEPSCElR II 1+ .c.. ,,..J MULCH, 1' DEF- OiJ R00T ZONE 1/J TfNNI( 3' BASIN i0R YIATERII(G. MIN. MULCH, 3' DEFP SET CROWN OF R00T &LL 0'-2' ABODE SURROUNDING FlNISH GRADE :II- '+jr = . / i / I :.III'. UImE BURVP FROM eaSE OF TRUNK. TRIM AS NECESJJI'. 1yII I / / I ~ - L - / 2'z4 r12' FOOT STARE FOfl SOR SOR WNORIONS SUCH PS :11(0 II S L , ( _ :: II 'i ~- BURIED 3 FT. BELOW GRADE . -- )-_r _I:. '!::':,.I. I'. ~: I pJ,CKFILL WI1H PL4JDNG BOIL SET ROOTPALL ON UNOISNRBED SDK. zA eALL as LARGE PALM PLANTING DETAIL NT8 UO PRUNE DAMAGED OR DEAD HURRICANE ClR FRONDS O ^^yAn71~~ 1~ ,P OQ„ V7000 IMMEDIATELY PRIOR TO PUNTING AS DIRECTED METAL STRAPS BECURWG p O Op O VR 1}OD "li p BY 1NE LANDSCAPE ARCHRECT Y SL R B P S OD 8 ~ 9^ ~ (U1XW PROTECT TREE WIm BURLAP MIN U1 U E S TOE H/JL BRACES TO z'x4• w00D eATTFNs 1/2'x2' FLUORESCENT DO 21A'KS'-0' STAI:E ORANGE MARKER 21A' WOOD BRACE 1' NTOE MIN. vA 0 MULCH, 1' DEEP ON ROOT ZONE AT EQUAL SPACING (3 PER TREE) NYLON STRAPS (3 PER TP.EE) FLUORESCEM J' BASIN TOR WATERING. ~ AtULCH. 1' DEEP ON R00T ZONE ORANGE MARKER MULCH, 3• DEEP ~ ON BRACE 1/} TRUNK }' BASIN FOR WATERING. STN(ES 1B' BET GROWN OF R00T BAll 0'-Z' ~N' MULCH, Y DEEP BELOW CRAOE IUN~E BURIAPUFROM flASE OF TRUNK. SE7 DROWN OF R00T HALL V-T' II- 'I ~ I71_i:, 11 ~' 7RW IS NECESSARI'. / ~ I ~ _ uBN~E BURLAP FROM BOSS OF TRUNK. I 1 LII / / -` ,J. I -_t ~~: II~~- ~I I-I~: . ~- II T I ' I / _ ICI /• / J - J I( // : II TRIM A5 NECESSWY. 2'zA'z12' FOOT 5TN(E FOR SOFT sD11 coepmDNS sucH As swD 'I . ~ ~ B4CKHLL WITH PUNTING SOIL ; I I- ~ ~TF- I -~ ~ BURIED J FT. BELOW GRADE SET ROOTBALL ON UNDISNRBED SOIL ~ I II .'~! I ' ~ L~II -11 BAGKFILL WITH PLANTING SOR. z, B.u oLa II SET ROO7BALL ON UNDISTURBED SOIL (2' cal. and under) SMALL TREE PLANTING DETAIL NTa O ~O OO NOT CUT LEADER ~up ^~-~PROTECT TREE WITH BVRUP FLUORESCENT TI ORWCE IMFP:ER ~ 0 ' MULCH, 7' DEEP ON RDOT ZONE ON BRACE ) D }• B~cW FOR WATERING. f' WIDE KIN. IJf10N STRAPS \ / MULCH, 3' DEEP (} pQt TREE) ` SPARES 1B SET CROWN OF ROOT BAll 0'-2' BELOW GRADE ~ I ASOVE SURROUNDING FlNISH GRADE - UNRE BURIM FROM BASE OF TRUNK. -=:.1 1.... 1'%i::El l _.. I ~a: 1. TP.M AS NECESSARY. `• BACKFILL WRN fwflTiJC SOIL SET F.OOiPA1 ON UI:DISNRBED BOIL 2s BNl OIA MULTI- TRUNK AND SMALL TREE (2" cai. and under) PLANTING DETAIL NTS F-- 2x 8A11 Dia -{ CIGARED SABAL PALM PLANTING DETAIL NTB~ (^JT(Lrn ryn ' W O o~~~~00~0 000 0 Opp 00 ~~ ~AU ~Q 0 0 e ~~ o~ $s ° ~0 ~ ~~ ,~(~~J 0 ~ 0o V O OP.IPUNE iJ0 ENTRY OR STORAGE NO DRIP LINE ENCP.OACHMENT x' M. BA4RI~A7E FENCE \~ i ,; >~ ~ ~l%` y~ ,x~ Oi OP.4:GE cNBOR' t x l ~ ~ \, HIGH NSIBMY MESH, ~ ~',( ~ Y~7 ~\~ I~ 2'>'• MIN. WJ7D FDST I ..4 . .~'v .. ... .. i . ~ , , ..~FT DRIP UNE TREE PRESERVATION BARRICADE FENCING DETAIL kifl ITE NI TF ~> 1 2 s 3 4 5 SI 4 5 3 S/16/Oi PsIJ PER P.B.CD. R0.4DWAY P,EOUE tAFS SHB n n®~~~~~~~J ~~~~ n®~~ ~~~~~~~ REV NEDhN AT STA 85+96' I d/~'(~`( ~/ ,t[t" gK~ r- 19/15 0:: KY P.E TO Fl7- IO"l~rtli UftIY C(WKl1~S TC ESF - 9.tf;l^lSlTr~e Sub=iuiiionl TC ESF ~~~~ l;i~j]J"T~~~ ~J~nj ~% Si'7't I I I I~I ~~~.~o ~/~~~~ firms ~~ .~~.~~ ~ ~r`. Nl tFl rcu~t n[ ~Ty ~s ~ - ~nvr~n~+o+~r. y ~~~~~ ~ . -~' ~ l 2 . l D o • Do ~ra.+~ t~ L~v~ pb+CS To~~~ 73.7~~ , 0O - - • vovY~~/NM~ ~ 8 ~ Cabbapa Perms Sabel Palmetto 12-18' CT 35 ~` East Psletka ... East Palatka Molly 14'F1T 5'CT 27 , Wlnnln Pslm Winnin Palm 10'GW 54Z t3nBen tslAnd 30 Or+sen tsrand Rkms 3C3 3 r RemowN of Rsmaval of 3 Saba! Palma 10 " Removal of Removal of 10 Lhre Oak 11 ~- Removal of Removal of 11 East Paliltkes 1 Mtsa Charge TtatNc Control 1 Mulch B Bulk of Mulch 1 Prop Prep, Install, Debris Removal 8 dump fees '"SOD TO 8E REAAOVED ~ INSTALLED AS NEEDED ®=1.00 PER BO. fT." Pest Control, fertilization & Irrigation responsibility ~nf the Home Owner. Thank » for the opportunihr to bid, Rate EsHmatt 2822 Project Name 200.00 700.00 750.00 12.00 100.00 100.00 100.00 1,200.00 1,200.00 4.000.00 WARRANTY: 6 M~ONT#iS Total Tot,~l 1,800.00 24,500.00 20,250.00 6,604.00 500.00 1,000.00 1,100.00 1,200,00 1,200.00 4.000.00 id1,854.00 Terms: 50°rb DOWN BALANCE s1Enaluro UPON COMPLETtON1~lnitiats Pihone p Fax • E-rnaii W~ g~ 541243 8x69 581245 358!! DGC~Bellsouth.net wwwdsparden.c;om Estimate gate ~ 2/18/Z007 of Prosperity Farms s Rep RAG 02/20/2007 14:53 5612433588 DELRAY GARDEN CENTER PAGE 82 Delray C~ar~den Center Inc. ~ 3827 West Atlantic Avenue Delray Beach, Florida 33445 Name /Address Depar~nent of Pubitc Worms 045 Prosperity Farms Road North Palm esach, FL 39408 C/0 Jorpe Santos 561.691-3440 Estimate Date Estimate S 2N9/Z007 2822 Ship To Rs-8sau8ficadon of Prosperity Farms 4ty Item pescription 8 Csbbape Palms Sabel Palmetto 12-48' CT ~ Easr Palatka ... East Palatka Molly 14'FIT 5'CT 27 Wlnntn P81m Wlnnin Patm 10'GW ~ Gr~Den Island 30 C;r~eerr IstarM I~iCUS 3d 3 Removal of 10 Removal Of 11 Rorwval of ~ Miss Charpe 1 Mulch B 1 Prop Pest Control, Fertilization & Irrigation responsibi~itynf the Nome Owner. Removal of 3 8abal Palms Renwv~ of 10 Uve Oak Removal of 1 f Est Patatkas Traffic COntrpl Bulk of Mulch Prep, Install. Debris Removal 6 dump fees ""SOD TO eE REtNOVED a 1t+13TALt.ED AS NEEDED ~ =1.00 PER SGI. F7'." Thank you for the opportunity to bid. Total :81,854.00 Terms: 50°r6 DOWN ~-LANCE ga~re UPON COMPLE7'tONI iniifi8is ~~ S .._s Fax # E-rtMil Vlleb g~ 5812439560 561243 9568 D6C~8eIlsouth.net www.dNOarden.oOrT! iRep ProJs~t Name RAG Rats Total 200.00 1,800.00 700.00 ?4,500.00 750.00 20,250.00 12.00 8,504.00 100.00 300.00 100.00 1,000.00 100.00 1,100.00 1.200.00 1,200,00 1,200.00 1,200.00 4,000.00 4,000.00 WARRANTY: 6 NtONTHS - a__,€~ = -:.sr.•x r: ~~'~3a_i.~i!a~-?.~.-it`d ~~ £?i :mss x~`3'a9 z's_ ~:s' _•_ _a ~~ as ~sir.r sera cases ii'_".ss ~::••~a~ -~~aaes.s-*e~,s~ ~+? ~ ~s~t Zt_s'4s~ 'x=g t t~ s 7 _0.. .. v± .f+..ara-stln l~l_ ':A 1'It lf7'1 iti.'l~ - ~ •±3Y YZYi xi - ..w- . aJra~:.i. C i i•Q3•rL -lea ___i __~ _ _ T •i i 1 i i it iJ P v v "- - -~ t ~ _ .f f•i4f1 A39'1 .tr.n.pL:i.i,~ ; ~'l`::,~ ";__{7Slii3RS? 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