CONTRACT
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
ENVIRONMENTAL WATERWAY MANAGEMENT, INC.
This CONTRACT is entered into on February 6, 1996,
between "the Parties," the South Florida Water
Management District, a public corporation of the State
of Florida ("the DISTRICT"), and Environmental Waterway
Management, Inc., a Florida Corporation, FEID Number
65-0226856, ("the CONTRACTOR").
WITNESSETH THAT:
WHEREAS, the DISTRICT is a public corporation of the
State of Florida, created by Florida Legislature and
given those powers and responsibilities enumerated in
Chapter 373, Florida Statutes to include entering into
contracts with public agencies, private corporations or
other persons; and
WHEREAS, the DISTRICT solicited for the services of a
CONTRACTOR to provide crews and supplies for Melaleuca
control; and
WHEREAS, the CONTRACTOR has submitted a proposal in
response to the DISTRICT'S solicitation for such goods
and services: and
WHEREAS, the CONTRACTOR represents that it is qualified
and willing to provide said goods and services; and the
DISTRICT wishes to enter into a CONTRACT with the
CONTRACTOR; and
WHEREAS, the CONTRACTOR warrants and represents that it
has no obligation or indebtedness that would impair its
ability to fulfill the terms and conditions of this
CONTRACT; and
WHEREAS, the Governing Board of the DISTRICT, at its
December 14, 1995 meeting, has awarded this CONTRACT to
the CONTRACTOR;
NOW THEREFORE, the DISTRICT and the CONTRACTOR, in
consideration of the mutual benefits flowing from each
to the other, do hereby agree as follows:
Contract No. C-7564 - Page 1 of 11
ARTICLE 1- STATEMENT OF WORK
1.1 The CONTRACTOR shall, to the satisfaction of the
DISTRICT, fully and timely perform all work items
described in the "Statement of Work," attached hereto
as Exhibit "A," and made a part of this CONTRACT. The
DISTRICT shall authorize work under this CONTRACT with
Work Orders, a copy attached hereto as Exhibit "B" and
made a part of this CONTRACT. Each Work Order shall
specify the work to be performed. The not to exceed
amount for each Work Order shall be the only basis for
reimbursement to the CONTRACTOR. The DISTRICT shall pay
the CONTRACTOR the amount for each executed Work Order
upon receipt and acceptance of the required tasks and
deliverables. The DISTRICT guarantees no minimum amount
of work to be performed by CONTRACTOR under the
CONTRACT.
ARTICLE 2 - TERM OF THE CONTRACT
2.1 The period of performance of this CONTRACT shall
commence on the date of this and continue through
December 31, 1998.
2.2 The parties agree that time is of the essence in
the performance of each and every obligation under this
CONTRACT.
ARTICLE 3 - COMPENSATION/CONSIDERATION
3.1 As consideration for providing the goods and
services required by this CONTRACT, the DISTRICT shall
pay the CONTRACTOR in accordance with the hourly rates
and expenses as specified and attached hereto as
Exhibit "C" and made a part of this CONTRACT.
Compensation for performance shall be based upon
completion of authorized Work Orders performed under
this CONTRACT. The total amount of consideration for
this CONTRACT shall not exceed Five Million Four
Hundred Thousand Dollars and No Cents ($5,400,000.00).
3.2 The amount expended under this CONTRACT for the
DISTRICT'S fiscal year ending September 30, 1996, shall
not exceed One Million Eight Hundred Dollars and No
Cents ($1,800,000.00). Further funding of this CONTRACT
is subject to DISTRICT Governing Board budgetary
appropriation for the following DISTRICT fiscal
year(s). In the event the DISTRICT does not approve
funding for future fiscal years, this CONTRACT shall
terminate upon expenditure of the current funding,
notwithstanding other provisions in this CONTRACT to
the contrary. The DISTRICT will notify the CONTRACTOR
in writing after the adoption of the final DISTRICT
budget for each subsequent fiscal year if funding is
not approved for this CONTRACT.
3.3 The CONTRACTOR, by executing this CONTRACT,
certifies to truth-in-negotiation, specifically,
that wage rates and other factual unit costs
Contract No. C-7564 - Page 2 of 11
supporting the consideration are accurate, complete,
and current at the time of contracting. The CONTRACTOR
agrees that the DISTRICT may adjust the consideration
for this CONTRACT to exclude any significant sums by
which the consideration was increased due to
inaccurate, incomplete, or non-current wage rates and
other factual unit costs. The DISTRICT shall make any
such adjustment within one (1) year following the
termination of this CONTRACT.
ARTICLE 4 - INVOICING AND PAYMENT
4.1 The CONTRACTOR'S invoices shall reference the
DISTRICT'S Contract Number C-7564 and WORK ORDER Number
and shall be sent to the following address:
South Florida Water Management District
Attn: Division of Procurement and Contract
Administration
P.O. Box 24680
3301 Gun Club Road
West Palm Beach, FL 334164680
The CONTRACTOR should not submit invoices to any other
address at the
DISTRICT.
4.2 Invoices shall itemize the date the services were
rendered, the hours worked and describe the goods and
services, including crew size, provided for each day
billed for the period during which the CONTRACTOR
worked. Invoices for reimbursement of herbicides and
adjuvants shall be accompanied by the copies of
receipts for the materials' purchase. Invoices shall be
accompanied by the required "Daily Report Form"
attached hereto as Exhibit "D" and made a part of this
CONTRACT. Invoices shall also be accompanied by the
Minority Business Utilization Report, attached hereto
as Exhibit "E" and made a part of this CONTRACT.
4.3 The DISTRICT shall pay the full amount of the
invoice within thirty (30) days of receipt and
acceptance, provided the CONTRACTOR has performed the
work according to the terms and conditions of this
CONTRACT. However, failure by the CONTRACTOR to follow
the foregoing instructions shall result in an
unavoidable delay of payment by the DISTRICT.
4.4 Any early payment discount offered by the
CONTRACTOR shall be clearly indicated on the invoice,
including the percentage of the discount and the time
period for which the discount is valid. The DISTRICT
reserves the option to accept such early payment
discounts.
4.5 The CONTRACTOR fully understands and agrees that
the DISTRICT shall not pay for any obligation or
expenditure made by the CONTRACTOR
Contract No. C-7564 - Page 3 of 11
prior to the commencement date of this CONTRACT, unless
the DISTRICT authorizes such payment in writing.
ARTICLE 5 - PROJECT MANAGEMENT/NOTICE
5.1 The Project Manager for the DISTRICT is Francois
Laroche, at 3301 Gun Club Road, West Palm Beach, FL,
telephone (407) 687-6193. The Project Manager for the
CONTRACTOR is Elroy Timmer, at 6500 NW 15th Ave., Fort
Lauderdale, FL 33309, telephone (305) 969-8000. The
parties shall direct all matters arising in connection
with the performance of this CONTRACT, other than
invoices and notices, to the attention of the Project
Managers for attempted resolution or action. The
Project Managers shall be responsible for overall
coordination and oversight relating to the performance
of this CONTRACT.
5.2 All notices, demands, or other communications to
the CONTRACTOR under this CONTRACT shall be in writing
and shall be sent by certified mail to:
Environmental Waterway Management, Inc.
6500 NW 15th Ave.
Fort Lauderdale, FL 33309
All notices to the DISTRICT under this CONTRACT shall
be in writing and sent by certified mail to:
South Florida Water Management District
Attn: Division of Procurement and Contract
Administration
3301 Gun Club Road
P. O. Box 24680
West Palm Beach, FL 33416-4680
The CONTRACTOR shall also provide a copy of all notices
to the DISTRICT'S Project Manager. All notices required
by this CONTRACT shall be considered delivered upon
receipt. Should either party change its address,
written notice of such new address shall promptly be
sent to the other party.
All correspondence to the DISTRICT under this CONTRACT
shall reference the DISTRICT'S Contract Number C-7564.
ARTICLE 6 - INDEMNIFICATION & INSURANCE
6.1 For value received, which is hereby acknowledged,
the CONTRACTOR shall defend, indemnify, save, and hold
the DISTRICT, its agents, assigns, and employees,
harmless from any and all claims or causes of action,
including without limitation, all damages, losses,
liabilities, expenses, costs, and attorney's fees
related to such claims, resulting from any negligent or
intentional act or
Contract No. C-7564 - Page 4 of 11
omission, or the violation of any federal, state, or
local law or regulation, by the CONTRACTOR, its
subcontractors, agents, assigns, invitees, or employees
in connection with this CONTRACT. The CONTRACTOR
further acknowledges that it is solely responsible for
ensuring its compliance and the compliance of its
subcontractors, agents, assigns, invitees and employees
with the terms of this CONTRACT.
6.2 The CONTRACTOR shall procure and maintain; through
the term of this CONTRACT, insurance coverage
reflecting, at a minimum, the limits and coverage
conditions identified on the DISTRICT'S Certificate of
Insurance, attached hereto as Exhibit "F," and made a
part of this CONTRACT. The coverage required shall
extend to all employees and subcontractors of the
CONTRACTOR. The attached DISTRICT Certificate of
Insurance shall be completed in full, indicating the
producer, insured, carrier's name and Best rating,
policy numbers and effective and expiration dates of
each type of coverage required. The Certificate shall
be signed by the insurance carrier's authorized
representative.
6.3 The CONTRACTOR shall require appropriate personal
protective equipment in all operations where there is
exposure to hazardous conditions.
6.4 The CONTRACTOR shall instruct employees required
to handle or use toxic materials or other harmful
substances regarding their safe handling and use,
including instruction on the potential hazards,
personal hygiene and required personal protective
measures. A Material Safety Data Sheet (MSDS) shall be
provided by the CONTRACTOR to the DISTRICT on each
chemical product used.
6.5 The CONTRACTOR shall comply with the standards and
regulations set forth by the Occupational Safety and
Health Administration (OSHA), the Florida Department of
Labor and Employment Security and all other appropriate
federal, state, local or DISTRICT safety and health
standards.
6.6 The CONTRACTOR shall initiate and maintain an
accident prevention program which shall include, but
shall not be limited to, establishing and supervising
programs for the education and training of employees in
the recognition, avoidance, and prevention of unsafe
conditions and acts.
6.7 The DISTRICT assumes no duty with regard to the
supervision of the CONTRACTOR and the CONTRACTOR shall
remain solely responsible for compliance with all
safety requirements and for the safety of all persons
and property at the site of contract performance.
Contract No C-7564 - Page 5 or 11
ARTICLE 7 - TERMINATION/REMEDIES
7.1 If either party fails to fulfill its obligations
under this CONTRACT in a timely and proper manner, the
other party shall have the right to terminate this
CONTRACT by giving written notice of any deficiency.
The party in default shall then have ten (10) calendar
days from receipt of notice to correct the deficiency.
If the defaulting party fails to correct the deficiency
within this time, this CONTRACT shall terminate at the
expiration of the ten (10) day time period.
7.2 The DISTRICT may terminate this CONTRACT at
any time for convenience upon thirty (30) calendar days
prior written notice to the CONTRACTOR. The performance
of work under this CONTRACT may be terminated by the
DISTRICT in accordance with this clause in whole, or
from time to time in part, whenever the DISTRICT shall
determine that such termination is in the best interest
of the DISTRICT . Any such termination shall be
effected by delivery to the CONTRACTOR of a Notice of
Termination specifying the extent to which performance
of work under the CONTRACT is terminated, and the date
upon which such termination becomes effective.
In the event of termination, the DISTRICT shall
compensate the CONTRACTOR for all authorized and
accepted work performed through the termination date.
The DISTRICT shall be relieved of any and all future
obligations hereunder, including but not limited to
lost profits and consequential damages, under this
CONTRACT. The DISTRICT may withhold all payments to the
CONTRACTOR for such work until such time as the
DISTRICT determines the exact amount due to the
CONTRACTOR.
7.3 In the event the CONTRACTOR is found not in
compliance with environmental rules or regulations
regarding the handling and application of herbicides,
the DISTRICT may terminate this CONTRACT. Any such
termination shall be effected in the same manner as
stated in paragraph 7.2 above.
7.4 If either party initiates legal action, including
appeals, to enforce this CONTRACT, the prevailing party
shall be entitled to recover a reasonable attorney's
fee, based upon the fair market value of the services
provided.
7.5 In the event a dispute arises which the project
managers cannot resolve between themselves, the parties
shall have the option to submit to non-binding
mediation. The mediator or mediators shall be
impartial, shall be selected by the parties, and the
cost of the mediation shall be borne equally by the
parties. The mediation process shall be confidential to
the extent permitted by law.
7.6 The CONTRACTOR understands and acknowledges that the
DISTRICT anticipates that the Florida Department of
Environmental Protection shall reimburse sixty percent
(60%) of the DISTRICT'S expenditures under this
CONTRACT. In the event such funding becomes
unavailable, that shall be good
Contract No. C-7564 - Page 6 of 11
and sufficient cause for the DISTRICT to terminate the
CONTRACT pursuantto paragraph 7.2 above.
ARTICLE 8 - RECORDS RETENTION/OWNERSHIP
8.1 The CONTRACTOR shall maintain records and the
DISTRICT shall have inspection and audit rights as
follows:
A. Maintenance of Records: The CONTRACTOR
shall maintain all financial and non-financial records
and reports directly or indirectly related to the
negotiation or performance of this CONTRACT including
supporting documentation for any service rates,
expenses, research or reports. Such records shall be
maintained and made available for inspection for a
period of five years from completing performance and
receiving final payment under this CONTRACT.
B. Examination of Records: The DISTRICT or
its designated agent shall have the right to examine
in. accordance with generally accepted governmental
auditing standards all records directly or indirectly
related to this CONTRACT. Such examination may be made
only within five years from the date of final payment
under this CONTRACT and upon reasonable notice, time
and place.
C. Extended Availability of Records for
Legal Disputes: In the event that the DISTRICT should
become involved in a legal dispute with a third party
arising from performance under this CONTRACT, the
CONTRACTOR shall extend the period of maintenance for
all records relating to the CONTRACT until the final
disposition of the legal dispute, and all such records
shall be made readily available to the DISTRICT.
8.2 All documents, including, but not limited to,
technical reports, research notes, scientific data and
computer programs in draft and final form including the
source code and object code, which are developed by the
CONTRACTOR in connection with this CONTRACT, may be
utilized by the DISTRICT in its normal course of
business. DISTRICT use may include, but shall not be
limited to, reproduction, distribution and preparation
of derivative works.
ARTICLE 9 - STANDARDS OF COMPLIANCE
9.1 The CONTRACTOR, its employees, subcontractors or
assigns, shall comply with all applicable federal,
state, and local laws and regulations relating to the
performance of this CONTRACT. The DISTRICT undertakes
no duty to ensure such compliance, but will attempt to
advise the CONTRACTOR, upon request, as to any such
laws of which it has present knowledge.
9.2 The CONTRACTOR hereby assures that no person shall
be
Contract No. C-7564 - Page 7 of 11
discriminated against on the grounds of race, color,
creed, national origin, handicap, age, or sex, in any
activity under this CONTRACT. The CONTRACTOR shall take
all measures necessary to effectuate these assurances.
9.3 The laws of the State of Florida shall govern all
aspects of this CONTRACT. In the event it is necessary
for either party to initiate legal action regarding
this CONTRACT, venue shall be in the Fifteenth Judicial
Circuit for claims under state law and in the Southern
District of Florida for any claims which are
justiciable in federal court.
9.4 The CONTRACTOR, by its execution of this CONTRACT,
acknowledges and attests that neither he, nor any of
his suppliers, subcontractors, or consultants who shall
perform work which is intended to benefit the DISTRICT,
is a convicted vendor or, if the CONTRACTOR or any
affiliate of the CONTRACTOR has been convicted of a
public entity crime, a period longer than 36 months has
passed since that person was placed on the convicted
vendor list. The CONTRACTOR further understands and
accepts that this CONTRACT shall be either voidable by
the DISTRICT or subject to immediate termination by the
DISTRICT, in the event there is any misrepresentation
or lack of compliance with the mandates of Section
287.133, F.S. The DISTRICT, in the event of such
termination, shall not incur any liability to the
CONTRACTOR for any work or materials furnished.
9.5 The CONTRACTOR shall not be exempted from paying
Florida State Sales and Use taxes to the appropriate
governmental agencies or for payment by theCONTRACTOR
to suppliers for taxes on materials used to fulfill its
contractual obligations with the DISTRICT. The
CONTRACTOR shall be responsible and liable for the
payment of all of its FICA/Social Security and other
taxes resulting from this CONTRACT.
9.6 The CONTRACTOR warrants that it has not employed
or retained any person, other than a bona fide employee
working solely for the CONTRACTOR, to solicit or secure
this CONTRACT. Further the CONTRACTOR warrants that it
has not paid or agreed to pay any person, other than a
bona fide employee working solely for the CONTRACTOR,
any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the
awarding or making of this CONTRACT. For breach of this
provision, the DISTRICT may terminate this CONTRACT
without liability and, at its discretion, deduct or
otherwise recover the full amount of such fee,
commission, percentage, gift, or other consideration.
9.7 The CONTRACTOR shall allow public access to all
project documents and materials in accordance with the
provisions of Chapter 119, Florida Statutes. Should the
CONTRACTOR assert any exemptions to the requirements of
Chapter 119 and related Statutes, the burden of
establishing such exemption, by way of injunctive or
other relief as provided by law, shall be upon the
CONTRACTOR.
Contract No. C-7564 - Page 8 of 11
ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES
10.1 The CONTRACTOR is an independent contractor and is
not an employee or agent of the DISTRICT. Nothing in
this CONTRACT shall be interpreted to establish any
relationship other than that of an independent
contractor, between the DISTRICT and the CONTRACTOR,
its employees, agents, subcontractors, or assigns,
during or after the performance of this CONTRACT. The
CONTRACTOR is free to provide similar services for
others.
10.2 The CONTRACTOR shall not assign, delegate, or
otherwise transfer its rights and obligations as set
forth in this CONTRACT without the prior written
consent of the DISTRICT. Any attempted assignment in
violation of this provision shall be void.
10.3 The CONTRACTOR shall not pledge the DISTRICT'S
credit or make the DISTRICT a guarantor of payment or
surety for any contract, debt, obligation, judgment,
lien, or any form of indebtedness.
ARTICLE 11 - GENERAL PROVISIONS
11.1 Notwithstanding any provisions of this CONTRACT to
the contrary, the parties shall not be held liable for
any failure or delay in the performance of this
CONTRACT that arises from fires, floods, strikes,
embargoes, acts of the public enemy, unusually severe
weather, outbreak of war, restraint of Government,
riots, civil commotion, force majeure, act of God, or
for any other cause of the same character which is
unavoidable through the exercise of due care and beyond
the control of the parties. Failure to perform shall be
excused during the continuance of such circumstances,
but this CONTRACT shall otherwise remain in effect.
This provision shall not apply if the "Statement of
Work" of this CONTRACT specifies that performance by
CONTRACTOR is specifically required during the
occurrence of any of the events herein mentioned.
11.2 The DISTRICT actively encourages the participation
of Minority-owned and Woman- owned Business Enterprises
in the DISTRICT'S procurement and contracting activity.
The CONTRACTOR shall take all necessary and reasonable
steps to ensure that Minority-owned and Woman-owned
Enterprises have the maximum opportunity to compete for
and perform on work related to this CONTRACT. At any
time during the term of this CONTRACT, the DISTRICT may
request information on the minority participation of
this CONTRACT and may request the CONTRACTOR to
increase its efforts and volume of awards to certified
minority firms relative to the agreed upon commitment.
The CONTRACTOR has agreed to a minimum MBE first tier
sub-consultant participation level of fifteen percent
(15%) of the total contract value .
Contract No. C-7564 - Page 9 ot 11
11.3 Prior to engaging in any discussions with the news
media pertaining to this CONTRACT, the CONTRACTOR shall
notify the DISTRICT'S Office of Government and Public Affairs.
This includes news releases, media requests for interviews,
feature articles, fact sheets, or promotional materials.
11.4 A key element of the DISTRICT'S mission is
environmental protection and enhancement. In
furtherance of this mission:
A. The DISTRICT encourages the CONTRACTOR to use
recycled paper for all reports, notices and
correspondence, which are prepared as part of
this CONTRACT. All reports generated in
connection with this CONTRACT shall be
printed on both sides of the paper on which
it is prepared. The DISTRICT further
encourages the CONTRACTOR to purchase
recycled paper for use in its operations if
recycled paper is reasonably cost competitive
with virgin paper. "Reasonably cost
competitive" means that recycled paper is no
more than 10% more expensive than the
alternative.
B. The DISTRICT encourages the CONTRACTOR to
preserve and protect the environment and to
conserve natural resources by promoting
energy, water, and refuse conservation
programs.
11.5 In the event any provisions of this CONTRACT shall
conflict, or appear to conflict, the CONTRACT,
including all exhibits, attachments and all documents
specifically incorporated by reference, shall be
interpreted as a whole to resolve any inconsistency.
11.6 Failures or waivers to insist on strict
perforrnance of any covenant, condition, or provision
of this CONTRACT by the parties, their successors and
assigns shall not be deemed a waiver of any of its
rights or remedies, nor shall it relieve the other
party from performing any subsequent obligations
strictly in accordance with the terms of this CONTRACT.
No waiver shall be effective unless in writing and
signed by the party against whom enforcement is sought.
Such waiver shall be limited to provisions of this
CONTRACT specifically referred to therein and shall not
be deemed a waiver of any other provision. No waiver
shall constitute a continuing waiver unless the writing
states otherwise.
11.7 Should any term or provision of this CONTRACT be
held, to any extent, invalid or unenforceable, as
against any person, entity or circumstance during the
term hereof, by force of any statute, law, or ruling of
any forum of competent jurisdiction, such invalidity
shall not affect any other term or provision of this
CONTRACT, to the extent that the CONTRACT shall remain
operable, enforceable and in full force and effect to
the extent permitted by law.
11.8 This CONTRACT may be amended only with the written
approval of the parties hereto.
Contract No. C-7564 - Page 10 of 11
11.9 This CONTRACT states the entire understanding and agreement
between the parties and supersedes any and all written or oral
representations, statements, negotiations,or agreements previously
existing between the parties with respect to the subject matter of
this CONTRACT. The CONTRACTOR recognizes that any representations,
statements or negotiations made by DISTRICT staff do not suffice to
legally bind the DISTRICT in a contractual relationship unless they
have been reduced to writing and signed by an authorized DISTRICT
representative. This CONTRACT shall inure to the benefit of and shall
be binding upon the parties, their respective assigns, and successors
in interest.
IN WlTNESS WHEREOF, the parties or their duly authorized representatives
hereby execute this CONTRACT on the date first written above.
Legal Form Approved
SFWMD Office of Counsel SOUTH FLORIDA WATER MANAGEMENT
DISTRICT, BY ITS GOVERNING BOARD
By /s/James D. Young
(for) Deputy Executive Director
ENVIRONMENTAL WATERWAY
MANAGEMENT, INC.
By:/s/Andrew Chesler
Title: President
Contract No. C-7564 - Page 1 of 11
EXHIBIT "A"
STATEMENT OF WORK
I. INTRODUCTION
Melaleuca quinquenervia (Cav.) Blake, also known as the cajeput, punk,
paperbark, and tea-tree, is a hardwood (Myrtaceae) species native to Australia
which has become established as an invasive pest species in vital wetland areas
of South Florida. This species is well-adapted to grow in these wetland areas
since it tolerates indefinite flooding, and it has no known natural control
organisms. Its spread is further accelerated when fire and/or frost stimulate
seed release on newly-exposed soils. Newly-germinated seed may survive flooding
and the multiple layers of fire-resistant bark protect trees from death after
wildfire or intentional land management burns.
As part of the overall management plan for melaleuca elimination in South
Florida, the District initiated several melaleuca control projects in the
Water Conservation Areas and in Lake Okeechobee. At the present time
herbicides are the primary melaleuca control tools used by the District. The
method of herbicide application is currently restricted to direct tree
application. This involves completely peeling the bark around the
circumference of the tree, exposing the cambium for direct herbicide
application. Melaleuca seedlings in mixed plant communities are currently
hand-pulled in an effort to minimize the impact of herbicide on the sawgrass
and other non-target vegetation. Pulled seedlings are left hanging on the
native vegetation or in a pile to reduce the possibility of regrowth. Broadcast
application of certain herbicides may control Melaleuca and may be used in
instances of dense melaleuca monoculture.
This contract is for the provision of crews, equipment and supplies for
melaleuca control within District managed lands, particularly the Water
Conservation Areas, Lake Okeechobee, the Buffer Strip, and along District
canal banks and rights-of-way (see District map attached as Appendix A).
Methods of control includes, but are not limited to: direct tree injections,
and broadcast applications of herbicide solutions and manual removal of
seedlings.
II. SCOPE OF WORK
Work performance will consist of furnishing all labor and equipment
and performing all operations for treating melaleuca and other exotic nuisance
trees on lands managed by the District. Ground crews can be transported by
trucks, airboats or helicopter, (the helicopter will be provided by the District
under a separate contract). Once on site ground crews will perform treatments
of single trees, saplings and seedlings. Each ground crew will consist of one
supervisor and several applicators, (6 - 8 applicators). The ground supervisor
must be a licensed herbicide applicator and will be responsible for data
collection, herbicide application and inventory, herbicide safety procedures,
and crew supervision. The ground crew supervisor must
Page 1 of 4, Exhibit "A". Contract No. C-7564
also have navigation equipment such as a hand-held Global Positioning
System (G.PS.) unit, to mark areas of treatment for future references.
Ideally, all trees must be treated and treatment sites recorded in a one square
mile area before proceeding further. Melaleuca and other exotic trees shall be
treated in accordance with guidelines established for each site by the
District's project manager.
III. WORK BREAKDOWN STRUCTURE
1- Ground crews will proceed as follows:
a. Mature trees, outliers and small stands.
Each applicator will be equipped with a machete and a spray bottle
containing herbicide. Each individual mature tree will be completely
girdled and the exposed cambium sprayed with herbicide. The cut must
be least one foot above the expected water level and should angle
downward. The tree bark must not be removed in order to create a
pocket to protect the herbicide in rain events. Small trees can be cut
off at least one foot above the expected water level and the herbicide
applied directly on the stump. However, bigger trees 3" DBH and up
must be left standing to avoid navigation hazards to airboat traffic.
The herbicide shall be sprayed into the exposed areas until thoroughly
wet, runoff of herbicide to the ground must not occur.
b. Seedlings and saplings.
Seedlings and saplings will be hand-pulled and left hanging on other
vegetation or put in a pile to reduce the possibility of resprouting.
When conditions dictate, seedlings and saplings can be treated with
herbicide using a back-pack sprayer.
2- The contractor will strictly adhere to all herbicide label application,
precautionary and safety statements, as well as the District's General
Safety Standards attached hereto as Appendix B.
3- Data collection.
The ground crew Supervisor is responsible for collecting the following
data: treatment date, treatment location (longitude & latitude), number
of trees and seedlings treated per applicator, herbicide volume used,
number of applicators, hours worked, and weather condition. This data will
be recorded on the "Daily Report Form" attached as Exhibit "C."
Page 2 ot 4, Exhibit "A". Contract No C-7564
4- Supplies and other equipment.
a. The contractor will be responsible for providing applicators
with all supplies and equipment for melaleuca control,
including back pack sprayers and blowers, machetes, spray
bottles, safety equipment, etc.
b. Air boats/ and all terrain vehicles may be required to
transport crews and supplies to and from treatment sites.
Such transportation shall be the responsibility of the
contractor.
c. Communications equipment to be provided by the contractor
shall include: mirrors, radios (District band if possible),
beeper, and cellular telephones.
d. All herbicide will be purchased by the contractor as recommended
by District staff. The District shall reimburse the contractor
for costs for such herbicide.
5- Inspection.
a. The District reserves the right to inspect, at any time upon
notice to the contractor, the contractor's procedures, spray
system, spray solution, and other ancillary equipment, and
to approve operating personnel. Inspection, however, will not
relieve the contractor of any obligations or responsibilities
nor will it transfer any liability to the District.
IV. DELIVERABLES
1- Deliverables will be the data listed above submitted on a 3.5"
computer disk (preferably WordPerfect format) with the monthly invoice and
the completed "Daily Report Forms" identified as Exhibit "C." The original
"Daily Report Form" data sheet must be submitted to the District, and the
contractor must keep a copy on file.
2- Invoices are to be submitted to the District monthly within ten working
days after the end of the month of work. Invoices are to include a summary
of all data collected and completed District forms for the billing period.
3- The District staff may perform biweekly inspections and approval of all
work being performed in conjunction with acceptance of the deliverables
listed above.
4- A final report compiling data of all work performed by the contractor
must be submitted to the District with the final invoice.
V. TIME SCHEDULE AND TIME FRAMES
The District does not guarantee any minimum amount of work, nor the extent of
services and goods required for the treatment of melaleuca. The District expects
the majority of the work to
Page 3 ot 4. Exhibit "A". Contract No C-7564
be completed between November 1 through June 30. Weather and site conditions
may interfere with the time schedule. Work Orders will be issued prior to the
commencement of any work.
The District will inform the contractor of the schedule as work progresses.
However the District may halt work at any time, upon written notice. The
contractor will preferably work four 10-hour days per week. Other combination
of hours and days will be allowed as long as the schedule is approved by the
District.
VI. PROJECT LOCATION
The District intend to control melaleuca throughout all District managed land.
However, the majority of the work be in the Water Conservation Areas and in Lake
Okeechobee. Treatment sites shall be laid out in one square-mile sections on map
coordinates supplied to the contractor. The sections will be treated
systematically as directed by District staff. Crews must be available for pick
up by the District supplied helicopter at a location close to the work site.
Pick up and drop off points shall be designated by District staff.
Page 4 of 4, Exhibit "A". Contract No. C-7564