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CRODON, INC.City • South Miami REQUEST FOR PROPOSAL The City of South Miami, Florida, hereinafter referred to as City, will receive sealed proposals. The submittal, consisting of one (1) original unbound proposal (clearly identify the orilzinal), ten (I 0) additional copies and one (1) digital copy (CID or Flash Drive) shall be enclosed in a sealed envelope or container and shall have RFP Citywide Landscaping, and the name of the respondent clearly written on the exterior. All proposals must be received by the Office of the City Clerk, South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. Sealed Proposals must be received by the City Clerk, either by mail or hand delivery, no later than 10 A.M. local time on Friday, April 6, 2012. A public opening will take place at 10 A.M. in the City Commission Chambers located at City Hall on the same date. Any Proposals received after 10 A.M. local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the Bidders. The Project is generally described as: The purpose of this Request for Purposal ("RFP") is to solicit PROP►SALs to provide Landscaping maintenance in the City over a three-year period. The scope of work for this project is to include and is not limited to the mowing, edging, trimming of grass, raking, tree removal and weed control. 13 IJI _8 Maria M. Menendez, CMC South Miami City Clerk SCOPEOF SERVICES .............................................................................................................. ............................... 2 TECHNICAL SPECIFICATIONS .................. .. ........................ ............................... 9 PRICING SHEETS . ............................... ......... ......... ......... ......... ......... ................ ............................... 16 GENERAL CONDITIONS & INFORMATION ....................................................................... ............................... 19 SUBMISSION REQUIREMENTS ......... ......... ......... ........: ...... ......... ........ ............27 EVALUATION AND SELECTION OF CONTRACTOR ........' . ......... ......... ..................... ......... ............29 PROPOSAL SUBMITTAL FORM ......... ......... ......... ......... ......... ......... ......... ......... ............30 EXHIBIT # I CITYWIDE LANDSCAPING SERVICES AGREEMENT...... ........ . ........ ......... ......... ............32 ATTACHMENT #I PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST ......... ......... ......... ............46 ATTACHMENT #2 DRUG FREE WORKPLACE ......... ....................................................... .............................49 ATTACHMENT #3 No CONFLICT OF INTEREST /NON- COLLUSION CERTIFICATION .......................50 8 SCOPE OF SERVICES Citywide Landscaping RFP SCOPE OF SERVICES The City of South Miami is accepting sealed PROPOSALs for landscape maintenance services for a period of three -years for public rights -of -way within and outside of the City. In addition to the three -year agreement, one two -year option to renew will also apply. The work covered by the specifications herein shall be for landscape maintenance services as described in the contract documents. The City will select a single vendor to perform Citywide Landscaping Services to be completed over a three -year term and shall conform to the Scope of Services, "Citywide Landscaping Services Agreement ", Exhibit # 1, and schedule indentified as "Technical Specifications." Service Area will be within the City of South Miami rights -of -way, State DOT rights -of way, South Florida Water Management District rights -of -way, both in and outside of the City. LOCATIONS OF WORK Accompanying these specifications are lists of locations defining areas to be maintained under the PROPOSAL. By submitting a PROPOSAL, the PROPOSER certifies that he /she is familiar with the sites and the proposed scope of work, prior to submitting a PROPOSAL. The City reserves the right to remove specific locations on a temporary or permanent basis, as deemed appropriate. EQUIPMENT All equipment shall be maintained in an efficient and safe operating condition while performing work under the contract. Equipment shall have all proper safety devices required by all applicable laws, properly maintained and in use at all times. If equipment does not contain proper safety devices and /or is being operated in an unsafe manner, the City may direct the contractor to remove such equipment and /or the operator until the deficiency is corrected to the satisfaction of the City of South Miami. The contractor shall be solely responsible and liable for injury to persons, and /or property damage caused by operation of the equipment. All equipment will . be inspected and evaluated by the City of South Miami Public Works Department prior to award of this PROPOSAL. The following equipment shall be located at a storage satellite facility in the event of emergencies and available to the City within the required time frames: Special equipment required (in addition to standard maintenance equipment). The City, at its' sole discretion, may require that any of the special equipment be located in a satellite storage site as specified herein. The contractor must have in its possession the following equipment at the time of PROPOSAL submittal. The City reserves the right to require proof of such ownership or lease agreement (at the time of PROPOSAL submittal) during the PROPOSAL evaluation process. • One (1) 400 gallon portable water sprayer. FDOT compliant arrow board and 75 FDOT compliant traffic cones. • One (1) fertilizer spreader. • Portable stump grinder 6" below grade. • Underground wiring location equipment. • One hydraulic bucket - trucks with a reach capacity of no less than 65 feet. • One water truck. • One backhoe -front end loader combination machine (equivalent to a Ford F555 or larger). • One (1) portable brush chipper with 20 cu. yd. capacity storage truck • One (1) twenty cubic yard capacity dump truck. • One (1) portable gasoline generator 5000w min. • One (1) 60" three gang hydrostatic reel mowers (5 blades per reel min.), or equivalent. The use of alternate fuels is recommended; propane, biodiesel, or other approved alternative fuels other than gasoline. • One (1) 21" minimum reel mower (5 blades) or equivalent; use of alternate fuels is recommended; propane, biodiesel, or other approved alternative fuels other than gasoline. • Two (2) 48" min. swath riding and four (4) 22" min. swath rotary lawn mowers; use of alternate fuels is recommended; propane, biodiesel, or other approved alternative fuels other than gasoline. • Two (2) chain saws, all in good condition. • A two -way communication system between all of the contractors service vehicles and their main office. SATELLITE STORAGE AND MOBILIZATION FACILITY The contractor must operate at least one storage and mobilization site within a five (10) mile radius of the City limits of the City of South Miami, within 60 days of award, as follows: The storage site may be totally enclosed or may be open and surrounded by a six foot height, lockable, chain -link fence. 3 SCOPE OF WORK UNDER PROPOSAL Contractor shall maintain the contractually covered landscaped PROPOSAL areas at the frequency rate prescribed with conventional production style mowing and lawn maintenance and equipment. A manicured professionally groomed appearance is the desired result. The City of South Miami requires the highest maintenance standards with the contractor using the best practices. The contractor is expected to maintain this project with the highest quality landscape maintenance standards consistent with these specifications which surpass industry standards. The contractor's work will be inspected by the City on a regular basis to assure strict compliance with these specifications. The City will meet with the contractor as needed, but no less than on a monthly basis, to review the overall maintenance. The City will make periodic inspections and provide reports indicating items that need to be addressed and the contractor is responsible to complete in a timely manner and provide status reports. MOWERS, EDGERS AND OTHER POWER MAINTENANCE EQUIPMENT All mowers shall be adjusted to 2 1/2" or 3" cutting height as directed by CITY, shall be in good repair, shall have no oil or gas leaks, and shall be equipped with mulching attachments and sharp blades. All mowers must be mulching -type mowers with no discharge allowed, or all clipping must be manually removed. All equipment must be maintained in sound working condition in order not to exceed comfortable decibel levels or as determined by the City at its sole discretion. All equipment shall meet all applicable manufacturers' safety standards for operation while in use at all times. Edgers shall be in good repair, shall have no oil or gas leaks, and shall provide a clean straight edge not more than 1/2" away from walks and edge of pavement. TURF AND LAWN MAINTENANCE STANDARDS AND PRACTICES Mowing of St. Augustine and Bahia lawn areas (not including Bermuda turf) Pick up and dispose of litter within all areas to be maintained (not limited to bags, cans, and paper) prior to mowing. Contractor shall recycle whenever possible. Use string trimmer for areas not accessible to mowing equipment and cut to a 2 1/2" or 3" height so as to be consistent with the mowed areas. Trim around poles, guardrails, and other fixed objects within road right -of -way. Remove and properly dispose of all grass clippings, leaves, weeds, undesirable plant growth, and other debris from sidewalks, curbs, gutters, catch basins, medians, right of ways, and streets. Weekend mowing is not allowed unless specifically authorized in writing by the City. Wind -row mowing patterns are not permitted. Only rotary mowers are acceptable with a minimum swath of cut of 60" Bermuda turf mowing and maintenance standards, practices, and requirements: 4 Mow and maintain all Bermuda turf not to exceed I" height or as directed by the City, with a reel type mower. Use string trimmer for areas not accessible to mowing equipment and cut to a I " height so as to be consistent with the mowed areas. Trim around poles, guardrails, and other fixed objects within road right -of- way. Remove all clippings and thatch after each cut. Cutting blades and bedknife shall be washed down before and after each use to prevent the spread of spores, weed seeds and other contaminants. Reel mowers shall be kept in good repair and blades sharpened weekly. Mow and edge all Bermuda turf per schedule above. Turf shall be cross -cut. Contractor shall be required to provide documentation demonstrating at least five years of knowledge, experience, and competency in maintaining Bermuda turf included with the PROPOSAL documents at the time of PROPOSAL submittal. Report to City at the first symptoms of fungal presence in turf or lawn. Once approved by City, follow manufacturer's instructions for application methods and amounts of fungicide product under alternate PROPOSAL under pesticide/ fungicide application. Bermuda turf shall be vibrant, healthy, green, thatch free and nutrient rich at all times; quality commercial fertilizer and soil amendments to maintain best horticultural practices and standards for major and minor nutrients, and optimum soil pH levels year round shall be applied per the City's request under alternate item # 3.3.3 to ensure healthy and vibrant Bermuda turf as defined by the City. At his expense, whenever the City deems necessary contractor shall contract with A &L Laboratories, Pompano Beach, Florida, (954) 972 -3255, to complete needed soil analyses to verify the major and minor element requirements as well as pH levels, and recommend fertilizer application and soil amendments as needed to maintain year round healthy and vibrant turf, subject to City approval. Submit all soil analyses to City for review by City. Winter ryegrass applications for all Bermuda turf are prohibited. For weed control of all Bermuda turf, use (2) applications of Pendulum or Ronstar (or approved equal) or as needed to maintain a 95% weed free turf. The first application is to occur in March and the second application is to occur in September. Follow manufacturer's instructions with all herbicide applications. Aeration of Bermuda fields with turf aerator shall be done per the City's request per alternate items herein. 5 OTHER LANDSCAPE MAINTENANCE STANDARDS AND PRACTICES Edging and Trimming Edge mechanically as required, to maintain a neat, clean appearance. Chemical edging is prohibited throughout City. Maintain shape of planting beds and tree rings as originally designed. Trim shrubs and ground cover, as needed, to meet the criteria set forth in FDOT Index 546 (latest revision), which mandates a maximum height of 24" from top of adjacent pavement. Cut back overgrowth of shrubs and trees that extends into sidewalks or the road right -of -way preventing clear line of sight. Trees, shrubs and other landscaping plants are not to be cut or abraded. Weed Control Hand -pull weeds in shrub, flower and ground cover areas, as needed to maintain a clean appearance. All weeds that appear within sidewalk or curbing expansion joints are to be continually controlled through the use of herbicide. Apply only approved herbicides, as needed to control weeds in parks, medians, sidewalks, decorative pavers, bullnoses, curb, catch basins, and gutter areas. Trees and palms within lawn area: No chemical edging is allowed around trees and palms within lawn areas. Do not use string trimmers adjacent to trunks in order to avoid trunk damage. Maintain all tree and shrub beds in a weed free condition by hand pulling, at each maintenance visit. Nut sedges shall be controlled by a product formulated specifically for their eradication. No green weeds shall be visible in any landscaped beds on the final day of each month. Haul away all trimming debris from site, and properly dispose of at contractor's expense. Clean -up Using a mechanized low- decibel blower remove all debris from all walks, drives, roads, bicycle paths /lanes, and pedestrian areas whenever on site. Remove all dead palm fronds whenever on site. Remove all excess soil, trimmings, debris, and equipment from site after each visit. Remove surface debris from top of catch basin grates. Contractor to report to City any visible blockage inside catch basins All debris removed from the City of South Miami is to be disposed of at an EPA and State of Florida approved dumping site, at Contractor's expense. 6 Contractor to provide City with report every month detailing total cubic yards of debris and trash collected from right of ways and streets. F. Blowing of clippings or leaves onto the street is not allowed. Any DERM fines will apply. REGULATIONS AND STANDARDS Contractor shall be responsible for complying with regulations of all local, state, and federal agencies having jurisdiction over any portion of the work to be performed under this contract. The contractor shall meet or exceed the applicable requirements of the latest revision to the following codes and specifications published by the following organizations: FDOT Florida Department of Transportation OSHA Occupational Safety and Health Act EPA Environmental Protection Agency All State and Federal labor standards and practices, as applicable PROFESSIONAL ORGANIZATIONS The contractor, at a minimum, must be a member, in good standing, of the following organizations: Florida Nursery, Growers and Landscape Association (FNGLA) — (certification required) Tree Care Industry Association (TCIA) The contractor shall provide proof of membership with the PROPOSAL submittal, and submit concurrent proof of membership annually throughout the duration of the contract. In addition, the contractor must possess the following licenses and keep them current throughout the term of the contract: Florida Pest Control Applicator License issued by the State of Florida for Lawn and Ornamentals. Irrigation License from Miami -Dade County DEFINITIONS If the contractor intends to use sub - contractors to perform any work on this contract, these sub - contractors are required to be pre- approved by the City, at its sole discretion. Maintenance as defined for PROPOSAL purposes shall include: Mowing, weeding and edging of turf areas; flower and shrub bed weeding; hedge trimming; Litter, trash, and landscape debris removal and disposal. Additionally, the contractor will also be responsible for providing the following services under the PROPOSAL with no extra labor, equipment, fuel, or travel charges to the CITY: 7 Clean all catch basins while on -site. Pick up all trash and litter while on -site and submit a log indicating estimated amounts in cubic yards per NPDES requirements. Meet with City staff as directed. Quarterly landscape and irrigation inspection reports. Maintain tree rings around all trees not to exceed 36 ". Chemical edging is not permitted. CONTRACTOR STAFF TRAINING AND EXPERIENCE The contractor will provide staff capable of performing work at the highest standards of horticultural and landscape maintenance excellence. Key staff shall have current knowledge of best management practices regarding: safety, hazardous materials spill response, plant health, pruning, tree and shrub care, integrated pest management, pesticide application, turf management, parks and irrigation maintenance. The City reserves the right to demand the replacement of contractor's staff who do not meet the City's standards for safety, professionalism, or horticultural knowledge. All work shall be performed under the direct on -site supervision of a qualified landscape professional with a minimum of ten (10) years combined horticultural education and experience as defined herein. All supervisory personnel must be able to communicate effectively in English (both orally and in writing). The supervisor assigned must be identified by name and provide his or her cell phone number to ensure accessibility, coordination and continuity. All pruning will be performed by, or under the direct on -site supervision of, staff with proper documented education and training in proper pruning techniques. Pruning of trees greater than six inches DBH (except Ficus) will only be performed under the supervision of an ISA certified arborist. The certified arborist shall be on site at all times when pruning occurs. Certifications will be provided to the City prior to award of contract. 8 TECHNICAL SPECIFICATIONS ANY TECHNICAL SPECIFICATION INCLUDED IN THE SCOPE OF SERVICES ARE HEREBY ADOPTED AS PART OF THESE TECHNICAL SPECIFICATIONS. ZONE I City of South Miami Landscaping and Maintenance Program for Bird Road from 6Sth Avenue to S7th Avenue (Zone 1) consists of the following services: 1.1 Mowing: The mowing of Bird Road from 65th avenue to 57th avenue will be performed thirty (24) cycles per year. Mowing cycle consists of thirty (24) cycles per year. Once every (10) days, April I through September once every fourteen (14) days, October 1 through March 31 st • All leaves, litter and debris shall be removed from grass before mowing. • All movers blades shall be sharp enough to cut, rather than tear, grass blades. • Rotary mowers shall be used on this contract. • All mowers are adjusted to the proper cutting height and level; to be measure from level grade surface to the parallel and level plane of the mower blade. • Mowing shall not be performed when weather or other conditions would cause damaged turf. 1.2 Fertilizing: Contractor shall be responsible for coordinating timing, delivery and application of all necessary fertilizer as follows: All trees, palms, grass areas and shrubs shall be fertilized three (3) times per year: 1.3 Edging: After each mowing, use a mechanical edger to edge to a neat uniform vertical line all grass abutting curbs, sidewalk, driveways, flush -paved surfaces, etc. as well as shrubs, ground covet bed, hedges, trees; etc. 1.4 Trimming of Grass: Grass will be trimmed simultaneously with the mowing at each visit. Grass trimming will be accomplished by a hand held power line trimmers. 1.5 Raking: Grass clippings caused by mowing, edging and trimming will be removed from the curbs, parking lots; street, walkways, planted beds and other adjacent surfaces on the same day as mowed. 1.6 Shrubs, Hedges and Ground Covers Care: Shrubs and hedges will be trimmed as necessary in order to maintain a proper height and appearance. 1.7 Trees and Palms: 9 Plants and shrubs shall be pruned at the best time for flower bud development, foliage growth; and as the health of the plant may require. Shrubs shall not be clipped into balled of boxed for unless such is required by the design. New sprouts win be removed from tree trunks. Low limbs and branches will be pruned and maintained to provide an 8' foot clearance over walkways, parking lots and other areas which may interfere the visibility to vehicles and pedestrians. 1.8 Weed Control: Weed control will be performed on plant beds and tree wells by means of manual, mechanical and /or chemical means. 1.9 Litter Control: Litter and debris generated by contractors from the landscape maintenance service will be removed on every visit. ZONE 2 City of South Miami Landscaping and Maintenance Program for Median and Swale areas across from Metro Rail consists of the following services: 2.1 Mowing: The mowing of Median and Swale - Sunset Drive from US I from 80th street to 57th avenue will be performed thirty (24) times cycles per year. Mowing cycle consists of thirty (30) cycles per year. Once every (10) days, April I through September once every fourteen (14) days, October I through March 31 st • All leaves, litter and debris shall be removed from grass before mowing. • All mowers blades shall be sharp enough to cut, rather than tear, grass blades. • Rotary mowers shall be used on this contract. • All mowers are adjusted to the proper cutting height and level; to be measured from level grade surface to the parallel and level plane of the mower blade. • Mowing shall not be performed when weather or other conditions would cause damaged turf. 2.2 Fertilizing: Contractor shall be responsible for coordinating timing, delivery and application of all necessary fertilizer as follows: All trees, palms, grass areas and shrubs shall be fertilized three (3) times per year. 2.3 Edging: After each mowing, us— a mechanical edger to edge to a neat uniform vertical line all grass abutting curbs, sidewalk, driveways, flush -paved surfaces, etc. as well as shrubs, ground covet bed, hedges, trees, etc. 2.4 Trimming of Grass: Grass will be trimmed simultaneously with the mowing at each visit. Grass trimming will be accomplished by a hand held power line trimmers. 2.5 Raking: Grass clippings caused by mowing, edging and trimming will be removed from the curbs, parking lots; street, walkways, planted beds and other adjacent surfaces on the same day as mowed. 10 2.6 Shrubs Hedges and Ground Covers Care: Shrubs and hedges will be trimmed as necessary in order to maintain a proper height and appearance. 2.7 Trees and Palms: Plants and shrubs shall be pruned at the best time for flower bud development, foliage growth, and as the health of the plant may require. Shrubs shall not be clipped into balled of boxed for unless such is required by the design. New sprouts will be removed from tree trunks. Low limbs and branches will be pruned and maintained to pr6v I de an 8' foot clearance over walkways, parking lots and other areas which may interfere the visibility to vehicles and pedestrians. 2.8 Weed Control: Weed control will be performed on plant beds and tree wells by means of manual, mechanical and /or chemical means. 2.9 Litter Control: Litter and debris generated by contractors from the landscape maintenance service will be removed on every visit. ZONE 3 City of South Miami Landscaping and Maintenance Program for Median and Swale Areas consist of the following services: 3.1 Mowing: The mowing of Median and Swale -from Sunset Drive from US I to 69th avenue will be perform thirty (24) times per year. Mowing cycle consists of thirty (24) cycles per year. Once every (10) days April I through September once every fourteen (14) days, October I through March 31 st • All leaves, litter and debris shall be" removed from grass before mowing. • All mowers blades shall be sharp enough to cut, rather than tear, grass blades. • Rotary mowers shall be used on this contract. • Mowing shall not be performed when weather or other conditions would cause damaged to rf. • All mowers are adjusted to the proper cutting height and level; to be measured from level grade surface to the parallel and level plane of the mower blade. 3.2 Fertilizing: Contractor shall be responsible for coordinating timing, delivery and application of all necessary fertilizer as follows: All trees, palms, grass areas and shrubs shall be fertilized three (3) times per year: 3.3 Edging: After each mowing, use a mechanical edger to edge to a neat uniform vertical line all grass abutting curbs, sidewalk, driveways, flush -paved surfaces, etc. as well as shrubs, ground covet bed, hedges, trees, etc. 3.4 Trimming of Grass: 11 Grass will be trimmed simultaneously with the mowing at each visit. Grass trimming will be accomplished by a hand held power line trimmers. 3.5 Raking: Grass clippings caused by mowing, edging and trimming will be removed from the curbs, parking lots; street, walkways, planted beds and other adjacent surfaces on the same day as mowed. 3.6 Shrubs Hedges and Ground Covers Care: Shrubs and hedges will be trimmed as necessary in order to maintain a proper height and appearance. 3.7 Trees and Palms: Plants and shrubs shall be pruned at the best time for flower bud development, foliage growth; and as the health of the plant may require. Shrubs shall not be clipped into balled of boxed for unless such is required by the design. New sprouts will be removed from tree trunks. Low limbs and branches will be pruned and maintained to provide an 8 foot clearance over walkways, parking lots and other areas which may interfere the visibility to vehicles and pedestrians. 3.8 Weed Control: Weed control will be performed on plant beds and tree wells by means of manual/ mechanical and /or chemical means.' 3.9 Litter Control: Litter and debris generated by contractors from the landscape maintenance service will be removed on every visit. ZONE 4 City of South Miami Landscaping and Maintenance Program for Median and Swale consists of the following services: 4.1 Mowing: The mowing of Median and Swale -64th Street from 59th Ave. to 60th Ave. will be performed thirty (24) times cycles per year. Mowing cycle consists of thirty (24) cycles per year. Once every (10) days; April I through September once every fourteen (14) days; October I through March 31 st • All leaves, litter and debris shall be removed from grass before mowing. • All mowers blades shall be sharp enough to cut, rather than tear, grass blades. • Rotary mowers shall be used on this contract. • All mowers are adjusted to the proper cutting height and level; to be measured from level grade surface to the parallel and level plane of the mower blade. • Mowing shall not be performed when weather or other conditions would cause damaged turf. 4.2 Fertilizing: Contractor shall be responsible for coordinating timing, delivery and application of all necessary fertilizer as follows: All trees, palms, grass areas and shrubs shall be fertilized three (3) times per year. 12 4.3 Edging After each mowing, use a mechanical edger to edge to a neat uniform vertical line all grass abutting Curbs, sidewalk, driveways, flush -paved surfaces, etc. as well as shrubs, ground covet bed, hedges, trees, etc. 4.4 Trimming of Grass- Grass will be trimmed simultaneously with the mowing at each visit. Grass trimming will be accomplished by a hand held power line trimmers. 4.5 Raking -, Grass clippings caused by mowing, edging and trimming will be removed From the curbs, parking lots, street; walkways, planted beds and other adjacent surfaces on the same day as mowed. 4.6 Shrubs. Hedges and Ground Covers Care- Shrubs. and hedges will be trimmed as necessary in order to maintain a proper height and appearance. 4.7 Trees and Palms.- Plants and shrubs shall be pruned at the best time forf I ower bud development, foliage growth, and as the health of the plant may require. Shrubs shall not be clipped into balled of boxed for unless such is required by the design. New sprouts will be removed from tree trunks. Low limbs and branches will be pruned and maintained to provide an 8' foot clearance over walkways, parking lots and other areas which may interfere the visibility to vehicles and pedestrians. 4.8 Weed Control- Weed control will be performed on plant beds and tree wells by means of manual/ mechanical and /or chemical means. 4.9 Litter Control- Litter and debris generated by contractors from the landscape maintenance service will be removed on every visit. ZONE 5 City of South Miami Landscaping and Maintenance Program for 57th Avenue from US I to Sunset Drive consists of the following services: 5.1 Mowing: The mowing of 57th Ave from US I to sunset Drive will be performed Thirty (24) times cycles per year. Mowing cycle. consists of thirty (24) cycles per year. Once every (10) days, April I through September once every fourteen (14) days, October I through March 31 st • All leaves, litter and debris shall be removed from grass before mowing. • All mowers blades shall be sharp enough to cut, rather than tear, grass blades. • Rotary mowers shall be used oft this contract. • Mowing shall not be performed when weather or other conditions would cause • Damaged turf. • All mowers are adjusted to the proper cutting height and level; to be measured • From level grade surface to the parallel and level • Plane of the mower blade. 5.2 Fertilizing: Contractor shall be responsible for coordinating timing, delivery and application of all necessary fertilizer as follows: All trees, palms, grass areas and shrubs shall be fertilized three (3) times per year. 5.3 Edging: 13 After each mowing, use a mechanical edger to edge to a neat uniform vertical line all grass abutting curbs, sidewalk, driveways, flush -paved surfaces, etc. as well as shrubs, ground cover bed, hedges, trees, etc 5.4 Trimming of Grass: Grass will be trimmed simultaneously with the mowing at each visit. Grass trimming will be accomplished by a hand held power line trimmers. 5.5 Raking: Grass clippings caused by mowing, edging and trimming will be removed from the curbs, parking lots, street, walkways, planted beds and other adjacent surfaces on the same day as mowed. 5.6 Shrubs Hedges and Ground Covers Care: Shrubs and hedges will be trimmed as necessary in order to maintain a proper height and appearance. 5.7 Trees and Palms: Plants and shrubs shall be pruned at the best time for flower bud development, foliage growth; and as the health of the plant may require. Shrubs shall not be dipped into balled of boxed for unless such is required by the design. New sprouts will be removed from tree trunks. Low limbs and branches will be pruned and maintained to provide an 8' foot clearance over walkways, parking lots and other areas which may interfere the visibility to vehicles and pedestrians. 5.8 Weed Control: Weed control will be performed on plant beds and tree wells by means of manual/ mechanical and /or chemical means. 5.9 Litter Control Litter and debris generated by contractors from the landscape, maintenance service will be removed on every visit. ZONE 6 City of South Miami Landscaping and Maintenance Program for I I Traffic Circles located throughout the City consists of the following services: 6.1 Mowing: The mowing of all I I Traffic Circles located throughout the City of So. Miami. The mowing will be performed twenty six (24) times cycles per year. Mowing cycle consists of twenty six (24) cycles per year. • All leaves, litter and debris shall be removed from grass before mowing. • All mowers blades shall be sharp enough to cut, rather than tear, grass blades. • Rotary mowers shall be used be this contract. • Mowing shall not be performed when weather or other conditions would cause • Damaged turf. • All mowers are adjusted to the proper cutting height and level; to be measured • From level grade surface to the parallel and level • Plane of the mower blade. 6.2 Fertilizing: 14 Contractor shall be responsible for coordinating timing, delivery and application of all necessary fertilizer as follows: All trees, palms, grass areas and shrubs shall be fertilized twice (2) times per year. 6.3 Edging: After each mowing, use a mechanical edger to edge to a neat uniform vertical line all grass abutting curbs, sidewalk, driveways, flush -paved surfaces, etc. as well as shrubs, ground cover bed, hedges, trees, etc. 6.4 Trimming of Grass: Grass will be trimmed simultaneously with the mowing at each visit. Grass trimming will be accomplished by a hand held power line trimmers. 6.5 Raking: Grass clippings caused by mowing, edging and trimming will be removed from the curbs, parking lots, street, walkways, planted beds and other adjacent surfaces on the same day as mowed. 6.6 Shrubs Hedges and Ground Covers Care: Shrubs and hedges will be trimmed as necessary in order to maintain a proper height and appearance. 6.7 Trees and Palms: Plants and shrubs shall be pruned at the best time for flower bud development foliage growth, and as the health of the plant may requite. Shrubs shall not be clipped into balled of boxed for unless such is required by the design. New sprouts will be removed from tree trunks. Low limbs and branches will be pruned and maintained to provide an 8' foot clearance over walkways, parking lots and other areas which may interfere the visibility to vehicles and pedestrians. 6.8 Weed Control: Weed control will be performed on plant beds and tree wells by means of manual mechanical and /or chemical means. 6.9 Litter Control: Litter and debris generated by contractors from the landscape maintenance service will be removed on every visit. 15 PRICING SHEETS Citywide Landscaping Service REFER TO"TECHNICAL O. DETAILS AND REQUIREMENTS FOR EACH ZONE FOR i OPTIONAL 2-YEAR CONTRACT EXTENSION PRICING. *cYaLE CUTS 3 -Year Contract Period a *Note: All Zones Require 24 Cuts per Year 16 ICING SHEETS Citywide Landscaping Service FERTILIZER APPLICATION & 3 -YEAR CONTRACT TOTAL Fertilizer Zones I — S: Three Times Per Year Fertilizer Zones 6: Two Times Per Year THREE-YEAR CONTRACT GRAND TOTAL: CYCLE CUTS AND FERTILIZER APPLICATION 17 Em===== �Mmm�m �M�Mmm "I FERTILIZER TOTAL ZONES I - 5 18 GENERAL CONDITIONS & INFORMATION Citywide Landscaping RFIP |. Submission of Request for Proposals Firms shall submit one (1) original unbound and «one (|) digital CD copy. Request for Proposals must bein conformance with the detailed submittal instructions and must be delivered by mail or courier personal delivery by Friday, April 6, 2012, at 10:00 A.M1, shall `be. enclosed ina sealed envelope mr container and shall have RFP Citywide Landscaping Services, and the name of the respondent clearly written on the exterior. No faxed or email RFP responses will be accepted. RFP's may be submitted in person or by mail no the fm||mvving address: . . Office of City Clerk ' .South Miami City Hall /6130 Sunset Drive South Miami, FL 33143 Upon submission, all documents become the property of the City of South Miami and are subject to public records laws. 2. Rules, RgZulations, Laws, Ordinances, & Licenses The awarded firm shall observe and federal, state, and local municipality, The firm shall have or be responsibl( in order to provide this service. 3' Requests for Additional Information ' - Any Purchasing Manager at,, obey all laws, ordinances, ,rules, and regulations of the which may be applicable to the service being provided. for obtaining all necessary permits or licenses required )r Questions tion or clarification should be submitted in writing by !sday April 4, 2012 to the attention of Steven Kulick, .4z,tsouthim , ta-t1 or via facsimile at (305) 667-7806. The issuance of written addendum is the only official method whereby interpretation and/or clarification of information can be given. If any oddenclumm are issued to this NFP,the Cbvw�U nudfymUp *rn1sv�th . ' 4. Lobbying � ' All firms and their agents who intend to submit, or who have submitted, bids or responses for the City of South Miami Citywide Landscaping Services are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioners, members of the Evaluation Selection Committee, nor any employee of the City of South Miami are to be lobbied either individually or collectively concerning this City of South Miami Citywide Landscaping Services RFP. Moreover, such firms and their agents shall comply with the "Cone of Silence" prohibitions contained in the Miami-Dade County's Cone of Silence Ordinance Part |||. chapter 2, article [ section 2-11.1 hd(n).Contoct should only be made through regularly scheduled Commission meetings, Evaluation 19 Selection Committee meetings scheduled for interviews and /or negotiations, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 5. Reserves the Right The City anticipates awarding one or more contract(s) for services as a result of this Request for Proposals. The City, however, reserves the right to reject any and all submitted Proposals and to further define or limit the scope of the award. The City reserves the right to request additional information from Firms as deemed necessary. Notice is also given of the possibility that an award may be made without discussion or after limited negotiations. It is, therefore, important that all the parts of the Request for Proposals be completed in all respects. The City reserves the right to negotiate modifications to Proposals that it deems acceptable, reject any and all RFP in its sole discretion, and to waive any irregularities in the response to the RFP or in the procedures. 6. Contract Cancellation The resulting contract may be canceled at any time by the City of South Miami for any reason, upon a thirty (30) day written cancellation notice. 7. Ownership of Preliminary and Final Records All preliminary and final documentation and records shall become and remain the sole property of the City. The awarded firm shall maintain original documents thereof for its records and for its future professional endeavors and provide reproducible copies to the City. In the event of termination of the agreement, the proposing firm shall cease work and deliver to the City all documents (including reports and all other data and material prepared or obtained by the awarded firm in connection with the City of South Miami Citywide Landscaping Services RFP), as well as all documents bearing the professional seal of the firm. The City shall, upon delivery of the aforesaid documents, pay the firm and the firm shall accept as full payment for its services there under, a sum of money equal to the percentage of the work done by the firm and accepted as satisfactory to the City. The Firm shall warrant and certify that it has the right to use, and the right to license the City to use, all copyrighted material that is developed for or used in the Work to be performed and the contract with the selected Firm shall contain a provision granting the City the right to used such copyrighted material, or at the City's option assigned to the City, so long as it is needed to complete the project. 8. Indemnification The proposing firm shall indemnify and hold harmless the City, its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or 20 intentional wrongful misconduct of the proposing firm and any persons employed or utilized by proposing firm in the performance of this contract. 9. Equal Employment In accordance with Federal, State and Local law, the proposing firm will not discriminate against any employee or applicant for employment because of race, color, ethnicity, religion, sex, sexual orientation, national origin or handicap. The proposing firm will be required to comply with all aspects of the Americans with Disabilities Act (ADA) during the performance of this contract. 10. Insurance Without limiting its liability, the proposing firm shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the proposing firm, from claims which may arise out of or result from the proposing firm's execution of a contract with the City of South Miami for Citywide Landscaping Services, whether such execution by the firm or by any sub - consultant, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. The firm shall not commence WORK on this Agreement until he has obtained all insurance required by the City. The firm shall indemnify and save the City harmless from any and all damages, claims, liability, losses and causes of actions of any kind or nature arising out of a negligent error, omission, or act of the firm, its agents, representatives, employees, Sub - Contractor, or assigns, incident to arising out of or resulting from the performance of the firm professional services under this Agreement. The firm shall pay all claims and losses of any kind or nature whatsoever, in connection therewith, including the City's attorney's fees and expenses in the defense of any action in law or equity brought against the City arising from the negligent error, omission, or act of the firm, its agents, representatives, employees, Sub - Contractor, or assigns, incident to, arising out of or resulting from the performance of the firm's services under this Agreement.. The firm agrees and recognizes that the City shall not be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the firm, its agents, representatives, employees, Sub - Contractors, sub - contractors, or assigns. In reviewing, approving or rejecting any submissions or acts of the firm, the City in no way assumes or shares responsibility or liability of the firm, Sub - Contractors, their agents or assigns. The firm shall maintain during the term of this Agreement the following insurance: A. Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the firm shall become legally obligated to pay as damages for claims arising out of the services or work performed by the firm its agents, representatives, Sub - Contractors or assigns, or by any person employed or retained 21 by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the firm may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. B. Comprehensive general liability insurance with broad form endorsement, on a Florida approved form including automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance $25,000 per person; • Property Damage: $50,000.00 each occurrence; • Automobile Liability: $1,000,000 each accident/occurrence. C. Umbrella Commercial General Liability insurance on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $2,000,000 per claim. The City must be named as additional "named" insured for all except Workers' Compensation, and reflect the indemnification and hold harmless provision contained herein. Policy must specify whether it is primary or excess /umbrella coverage. City must receive 10 days advance written notice of any policy modification and 30 days advance written notice of cancellation, including cancellation for non - payment of premiums. All insurance must remain in full force and effect for the duration of the contract period with the City. The firm must provide not only a "certified copy" of the Binder but also the Policy itself with the name, address and phone number of the agent and agency procuring the insurance. D. Workman's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereafter amended. E. The policies except for Section IOA shall contain waiver of subrogation against City where applicable, shall expressly provide that such policy or policies are primary over any other collective insurance that City may have. The City reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the City. F. All of the above insurance required to be provided by the firm is to be placed with BEST rated A -8 (A -VIII) or better insurance companies, qualified to do business under the laws of the State of Florida on approved Florida forms. 22 The firm shall furnish certified copies of all "Binders" or certificates of insurance to the City prior to the commencement of operations, which "Binders" or certificates shall clearly indicate that the firm has obtained insurance in the type, amount, and classification as required for strict compliance with this Section and that no reduction in limits by endorsement during the policy term, or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the CITY. Compliance with the foregoing requirements shall not relieve the firm of his liability and obligations under this Section or under any other portion of this Agreement. Firm agrees to supply copies of certificates of insurance to the City verifying the above - mentioned insurance coverage. Firm agrees to list City as an Additional Insured of the firm General liability insurance and shall provide the City quarterly reports concerning any and all claims. 11. Opening of Request for Proposals Request for Proposals will be opened and evaluated after the final date and time set for receipt. The City may request proposing firm(s) considered for award to make an oral presentation to a selection board or to submit additional data. 12. Rejection of Proposals The City reserves the right to reject any and all Request for Proposals. It also reserves the right to waive any minor irregularities in connection with Request for Proposals. 13. Acceptance of Proposal Within thirty (30) days after the final submission date for Request for Proposals, the City will act upon them. The Successful Firm will be requested to enter into negotiations to produce a contract for City of South Miami Citywide Landscaping Services. The City reserves the right to terminate negotiations in the event it deems progress towards a contract to be insufficient. 14. Applicable Law All applicable laws and regulations of the State of Florida and ordinances and regulations of the City of South Miami will apply to any resulting agreement and venue for any action arising out of any agreement shall be in Miami -Dade County, Florida and such right shall remain solely with the City. 15. Oualification of Proposing Firm Request for Proposals will be considered from firms normally engaged in providing the services requested. The proposing Firm must demonstrate adequate experience, organization, offices, equipment and personnel to ensure prompt and efficient service to the City of South Miami. The City reserves the right, before recommending any award, to inspect the offices and organization or to take any other action necessary to 23 determine ability to perform in accordance with the specifications, terms and conditions. The City of South Miami will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject any response to Request for Proposals where evidence submitted, or investigation and evaluation, indicates inability of a firm to perform. 16. Designated Contact The awarded firm shall appoint a person to act as a primary contact with the City of South Miami. This person or back -up shall be readily available during normal work hours by phone or in person, and shall be knowledgeable of the terms of the contract. All contact persons shall have sufficient command of the English language so as to accurately communicate verbally and in writing. 17. Deviations from Specifications The awarded Firm shall clearly indicate, as applicable, all areas in which the services proposed do not fully comply with the requirements of this Request for Proposal. The decision as to whether an item fully complies with the stated requirements rests solely with the City of South Miami. 18. Precedence of Conditions The proposing Firm, by virtue of submitting a proposal, agrees that City's General Provisions, Terms and Conditions herein will take precedence over any terms and conditions submitted with the proposal, either appearing separately or included. Any conflict between the provisions, terms and conditions of this document and the Firm's proposal shall be resolved in favor of this document. All proposals shall be presumed to include all the provisions, terms and conditions of this document unless the City specifically waives those provisions, terms and conditions in a writing sighed by the City Manager. 19. Proposal Withdrawal After responses to the Request for Proposals are opened, corrections or modifications to Proposals are not permitted, but the proposing firm may be permitted to withdraw an erroneous proposal prior to the proposal award by City Commission, if the following is established: 19.1 That the proposing firm acted in good faith in submitting the proposal; and 19.2 That the error was not the result of gross negligence or willful inattention on the part of the firm; and 19.3 That the error was discovered and communicated to the City within twenty -four (24) hours of proposal opening, along with a request for permission to withdraw the proposal; and 24 19.4 The firm submits documentation and an explanation of how the proposal error was made. 20. Public Entity Crimes A person or affiliate who has been placed on the Convicted Vendors List following a conviction for a public entity crime may not submit a proposal on a contract to provide any services to a public entity, may not submit Request for Qualifications on leases of real property to a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for a period of 36 months from the date of being placed on the Convicted Vendors List. 21. Contingent Fees Prohibited The proposing firm must warrant that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the CITY, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub - consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 22. City of South Miami Citywide Landscaping Services Records All records in any manner whatsoever assigned to the City of South Miami, or any designated portion thereof which are in the possession of the proposing firm or proposing firm's sub - consultants, shall be made available, upon request by the CITY, for inspection and copying upon written request of the CITY. Additionally, said records shall be made available, upon request by the CITY to any state, federal or other regulatory authorities and any such authority may review the same. Said records include, but are not limited to, all submittals, correspondence, minutes, memoranda, tape recordings, videos, or other writings. Said records expressly include those documents reflecting the time expended by the proposing firm and its personnel in performing the obligations of this Contract and the records of expenses incurred by the proposing firm in its performance under said contract. 23. Auditable Records The proposing firm shall maintain auditable records concerning the procurement adequate to account for all receipts and expenditures, and to document compliance with the specifications. These records shall be kept in accordance with generally accepted accounting principles, and the City reserves the right to determine record - keeping method in the event of non - conformity. These records shall be maintained for five (5) years after final payment has been made and shall be readily available to City personnel with reasonable notice, and to other persons in accordance with the Florida Public Disclosure Statutes. 25 24. Unauthorized Aliens The employment of unauthorized aliens by any firm is considered a violation of Federal Law. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of any contract resulting from this RFP. This applies to any sub - contractors used by the firm as well. 25. Waiver 26. Failure of the City to take any action with respect to any breach of any term, covenant, provision or condition contained in the agreement, or any instance of default there under by the awarded firm shall not be deemed to be a waiver of such term, covenant, provision or condition nor shall it be deemed to be waiver of any future default.Attorney's Fees: In the event of any litigation between the parties arising out of or relating in any way to this Agreement or a breach thereof, each party shall bear its own costs and legal fees. 26 SUBMISSION REQUIREMENTS Citywide Landscaping Services It is imperative that the information submitted is precise, clear, and complete. All submittals must be presented one (1) original unbound proposal, ten (10) additional copies and one (1) digital Flash Drive or CD copy, an 8 1/2" x I I", tabbed for the following format (submittals not conforming to this format may be disqualified from further consideration). Request for Qualifications should include the requirements listed below. Submittals submitted without meeting ALL the requirements may be considered non - responsive. I. Format Sections and subsections should correspond in sequence with those identified below. All additional information that the Consultant believes is unique to a section and does not fit the established outline may be included at the end of each section under a subheading "Additional Information." The following information shall be provided in the order detailed: failure to provide any one part of this section without appropriate explanation may result in disqualification of proposal. a. Title Page - List the RFP subject, the name of the firm, address, telephone number, email address, contact person and date. b. Table of contents - Include a clear identification of the material included in the submittal by page number. c. Letter of Interest -- Limit two (2) pages. Make a positive commitment to perform the required work within a specified timeline, acknowledgement of receipt of addenda. Give the name(s) of the person(s) who will be authorized to make representation for the firm, their title, phone number and email address. d. Qualifications and Experience I. Provide a brief discussion of the firm's understanding and approach to the work described herein. 2. A resume of the individual(s) who will work on City matters and a statement identifying the individual(s) who will attend meetings and have primary responsibility for City matters and whether the individual(s) represents other municipalities. 3. A list of any individual(s) or firm with whom the Respondent has a contractual relationship or other business affiliation. 27 4. A disclosure of the following: (a) any relationships between the individual(s) of the firm and any Commission member, his /her spouse, or family: (b) any relationship between any individual(s) of the firm and any business or entity owned by a Commission member or their family or in which a Commission member or their family has or had an interest; (c) any other information concerning any relationships between the individual(s) of the firm and any Commission member which the Respondent deems might be relevant to the Commission's consideration; (d) such other governmental or quasi- governmental entities which are represented by the individual(s) /firm, and the nature of the representation in such matters; and (e) a "conflict list" if the same is maintained by the individual(s) or the firm. 5. Three (3) contracts the individual(s) /firm performed involving services similar to those detailed herein. The schedule of the work, cost of the work and scope of work for each such contract. 6. Three (3) references. 7. Resumes for each of the firm's staff whowill be performing any of the work. e. Respondent's Sworn Statement Under Section 287.133(3)(A), Florida Statutes, on Attachment #1 "Public Entity Crimes and Conflicts of Interest Affidavit," shall be completed and provided with the proposal submittal. f. Neither the individuals) /firm, nor any of his /her /its employees shall be permitted to represent any client before the Commission or any Committee, department or agency of the City, and shall agree not to undertake any other private representation which might create a conflict of interest with the City. The individual(s) /firm may not represent any Commission member, individually, or, any member of their family or any business in which the Commission member of their family has an interest. g. All proposals received will be considered public records. The City will consider all proposals using such criteria as the Commission may adopt at its sole discretion. The individual(s) /firm selected will be required to enter into a formal agreement with the City, prior to the execution of which the City shall reserve all rights, including the right to change its selection. h. Respondent's Attachment # 2 "Drug Free Workplace" form shall be completed and provided with the proposal submittal. i. Respondent's Attachment # 3 "No Conflict of Interest/Non Collusion Affidavit," shall be completed and provided with the proposal submittal. j. Cost Proposal — All proposals shall include a Cost Proposal with their submittal. 28 EVALUATION AND SELECTION OF CONTRACTOR Citywide Landscaping Services I. Qualifications shall be reviewed by the City's Evaluation Selection Committee or such other committee. The committee determines and prepares a ranking of the firms. The ranking of these firms shall be based on qualifications applicable to the scope and nature of the services required by this request. Determination shall include, but not be limited to, the following: A. The proposer's demonstrated understanding of the City's requirements and plans for meeting the same; B. The professional qualifications and related experience of the persons assigned to this contract; C. The prior experience and references of the proposer; D. The size, the City has no size preference, and organizational structure of the proposer; and, E. The cost proposal. 2. The committee may request that each short - listed firm make a presentation and be available for an interview. All expenses, including travel expenses for interviews, incurred in the preparation of the proposal shall be borne by the proposer. After presentations and interviews have been completed, the proposers shall be ranked by the Evaluation Selection Committee. 3. The Evaluation Selection Committee will present the ranking to the City Manager for initial review and approval followed by City Commission consideration and final approval. 4. The City will negotiate a Contract with the top ranked firm. Should the City be unable to negotiate a satisfactory contract which is competitive, reasonable, and adequate, negotiations with that firm shall terminate and the City shall proceed to negotiate a contract with the other proposers starting with the next highest ranked firm; and, ultimately, should all such negotiations fail, all proposals shall be rejected and this solicitation shall be re- issued. 29 PROPOSAL SUBMITTAL FORM Citywide Landscaping Services This checklist indicates the forms and documents required to be submitted for this Request for Proposal (RFP) to be presented by the deadline set for within the RFP. Please check off and submit documents in the order listed below. Fulfillment of all proposal requirements listed is mandatory for consideration of proposals. The proposal shall include the following items: Bidder Qualification Statement Non - Collusion Affidavit Public Entity Crimes and Conflicts of Interest Drug Free Workplace Acknowledgement of Conformance with OSHA Standards List of Proposed Subcontractors and Principal Suppliers Indemnification and Insurance Documents Cost Proposal, (Pricing Sheets) Submit this checklist along with your proposal indicating the completion and submission of each required forms and /or documents. 30 EXHIBIT #1 CITYWIDE LANDSCAPING SERVICES AGREEMENT 31 EXHIBIT #1 CITYWIDE LANDSCAPING SERVICES AGREEMENT CITYWIDE LANDSCAPING SERVICES THIS AGREEMENT is made between , a Florida corporation, ( "Company ") and the City of South Miami, a Florida municipal corporation, ( "City "), on this day of, 2012. WHEREAS, the City desires to contract with a Company to perform various landscaping duties within and outside City boundaries. NOW, THEREFORE, in consideration of the mutual promises and agreements hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, and, at the City's option, contingent upon the completion and submittal of all required bid documents, the parties agree as follows: SCOPE OF SERVICES: The Company shall perform various landscape maintenance services for public rights -of -way within and outside of the City. The work covered by the specifications herein shall be for landscape maintenance services as described n the contract documents. The contract documents shall include this contract, the documents referred to in the contract, the Request for Proposal ( "RFP ") and all attachments and documents referred to in the RFP. Service Area will be within the City of South Miami rights -of -way, State DOT rights -of way, South Florida Water Management District rights -of -way, both in and outside of the City. LOCATIONS OF WORK The listing of locations that define the areas to be maintained are referenced in "Technical Specifications." The City reserves the right to remove specific locations on a temporary or permanent basis, as deemed appropriate. TECHNICAL SPECIFICATIONS ZONE I City of South Miami Landscaping and Maintenance Program for Bird Road from 65th Avenue to 57th Avenue (Zone 1) consists of the following services: 1.10 Mowing: The mowing of Bird Road from 65th avenue to 57d, avenue will be performed thirty (24) cycles per year. Mowing cycle consists of thirty (24) cycles per year. Once every (10) days, April I through September once every fourteen (14) days, October 1 through March 31 st • All leaves, litter and debris shall be removed from grass before mowing. • All movers blades shall be sharp enough to cut, rather than tear, grass blades. • Rotary mowers shall be used on this contract. 32 • All mowers are adjusted to the proper cutting height and level; to be measure from level grade surface to the parallel and level plane of the mower blade. • Mowing shall not be performed when weather or other conditions would cause damaged turf. 1.11 Fertilizing: Contractor shall be responsible for coordinating timing, delivery and application of all necessary fertilizer as follows: All trees, palms, grass areas and shrubs shall be fertilized three (3) times per year. 1.12 Edging: After each mowing, use a mechanical edger to edge to a neat uniform vertical line all grass abutting curbs, sidewalk, driveways, flush -paved surfaces, etc. as well as shrubs, ground covet bed, hedges, trees; etc. 1.13 Trimming of Grass: Grass will be trimmed simultaneously with the mowing at each visit. Grass trimming will be accomplished by a hand held power line trimmers. 1.14 Raking: Grass clippings caused by mowing, edging and trimming will be removed from the curbs, parking lots; street, walkways, planted beds and other adjacent surfaces on the same day as mowed. I.I 5 Shrubs, Hedges and Ground Covers Care: Shrubs and hedges will be trimmed as necessary in order to maintain a proper height and appearance. 1.16 Trees and Palms: Plants and shrubs shall be pruned at the best time for flower bud development, foliage growth; and as the health of the plant may require. Shrubs shall not be clipped into balled of boxed for unless such is required by the design. New sprouts win be removed from tree trunks. Low limbs and branches will be pruned and maintained to provide an 8' foot clearance over walkways, parking lots and other areas which may interfere the visibility to vehicles and pedestrians. 1.17 Weed Control: Weed control will be performed on plant beds and tree wells by means of manual, mechanical and /or chemical means. 1.18 Litter Control: Litter and debris generated by contractors from the landscape maintenance service will be removed on every visit. ZONE 2 City of South Miami Landscaping and Maintenance Program for Median and Swale areas across from Metro Rail consists of the following services: 2.10 Mowing: 33 The mowing of Median and Swale - Sunset Drive from US I from 80th street to 57th avenue will be performed thirty (24) times cycles per year. Mowing cycle consists of thirty (24) cycles per year. Once every (10) days, April I through September once every fourteen (14) days, October I through March 31 st • All leaves, litter and debris shall be removed from grass before mowing. • All mowers blades shall be sharp enough to cut, rather than tear, grass blades. • Rotary mowers shall be used on this contract. • All mowers are adjusted to the proper cutting height and level; to be measured from level grade surface to the parallel and level plane of the mower blade. • Mowing shall not be performed when weather or other conditions would cause damaged turf. 2.11 Fertilizing: Contractor shall be responsible for coordinating timing, delivery and application of all necessary fertilizer as follows: All trees, palms, grass areas and shrubs shall be fertilized three (3) times per year: 2.12 Edging: After each mowing, us— a mechanical edger to edge to a neat uniform vertical line all grass abutting curbs, sidewalk, driveways, flush -paved surfaces, etc. as well as shrubs, ground covet bed, hedges, trees, etc. 2.13 Trimming of Grass: Grass will be trimmed simultaneously with the mowing at each visit. Grass trimming will be accomplished by a hand held power line trimmers. 2.14 Raking: Grass clippings caused by mowing, edging and trimming will be removed from the curbs, parking lots; street, walkways, planted beds and other adjacent surfaces on the same day as mowed. 2.15 Shrubs Hedges and Ground Covers Care: Shrubs and hedges will be trimmed as necessary in order to maintain a proper height and appearance. 2.16 Trees and Palms: Plants and shrubs shall be pruned at the best time for flower bud development, foliage growth, and as the health of the plant may require. Shrubs shall not be clipped into balled of boxed for unless such is required by the design. New sprouts will be removed from tree trunks. Low limbs and branches will be pruned and maintained to pr6v I de an 8' foot clearance over walkways, parking lots and other areas which may interfere the visibility to vehicles and pedestrians. 2.17 Weed Control: Weed control will be performed on plant beds and tree wells by means of manual, mechanical and /or chemical means. 2.18 Litter Control: 34 Litter and debris generated by contractors from the landscape maintenance service will be removed on every visit. ZONE 3 City of South Miami Landscaping and Maintenance Program for Median and Swale Areas consist of the following services: 3.1 Mowing: The mowing of Median and Swale -from Sunset Drive from US I to 69th avenue will be perform thirty (24) times per year. Mowing cycle consists of thirty (24) cycles per year. Once every (10) days April I through September once every fourteen (14) days, October I through March 31 st • All leaves, litter and debris shall be" removed from grass before mowing. • All mowers blades shall be sharp enough to cut, rather than tear, grass blades. • Rotary mowers shall be used on this contract. • Mowing shall not be performed when weather or other conditions would cause damaged turf. • All mowers are adjusted to the proper cutting height and level; to be measured from level grade surface to the parallel and level plane of the mower blade. 3.2 Fertilizing: Contractor shall be responsible for coordinating timing, delivery and application of all necessary fertilizer as follows: All trees, palms, grass areas and shrubs shall be fertilized three (3) times per year. 3.3 Edging: After each mowing, use a mechanical edger to edge to a neat uniform vertical line all grass abutting curbs, sidewalk, driveways, flush -paved surfaces, etc. as well as shrubs, ground covet bed, hedges, trees, etc. 3.4 Trimming of Grass: Grass will be trimmed simultaneously with the mowing at each visit. Grass trimming will be accomplished by a hand held power line trimmers. 3.5 Raking: Grass clippings caused by mowing, edging and trimming will be removed from the curbs, parking lots; street, walkways, planted beds and other adjacent surfaces on the same day as mowed. 3.6 Shrubs Hedges and Ground Covers Care: Shrubs and hedges will be trimmed as necessary in order to maintain a proper height and appearance. 3.7 Trees and Palms: Plants and shrubs shall be pruned at the best time for flower bud development, foliage growth; and as the health of the plant may require. Shrubs shall not be clipped into balled of boxed for unless such is required by the design. New sprouts will be removed from tree trunks. Low limbs 35 and branches will be pruned and maintained to provide an 8 foot clearance over walkways, parking lots and other areas which may interfere the visibility to vehicles and pedestrians. 3.8 Weed Control: Weed control will be performed on plant beds and tree wells by means of manual/ mechanical and /or chemical means.' 3.9 Litter Control: Litter and debris generated by contractors from the landscape maintenance service will be removed on every visit. ZONE 4 City of South Miami Landscaping and Maintenance Program for Median and Swale consists of the following services: 4.10 Mowing: The mowing of Median and Swale -64th Street from 59th Ave. to 60th Ave. will be performed thirty (24) times cycles per year. Mowing cycle consists of thirty (24) cycles per year. Once every (10) days; April I through September once every fourteen (14) days; October I through March 31 st • All leaves, litter and debris shall be removed from grass before mowing. • All mowers blades shall be sharp enough to cut, rather than tear, grass blades. • Rotary mowers shall be used on this contract. • All mowers are adjusted to the proper cutting height and level; to be measured from level grade surface to the parallel and level plane of the mower blade. • Mowing shall not be performed when weather or other conditions would cause damaged turf. 4.11 Fertilizing: Contractor shall be responsible for coordinating timing, delivery and application of all necessary fertilizer as follows: All trees, palms, grass areas and shrubs shall be fertilized three (3) times per year. 4.12 Edging After each mowing, use a mechanical edger to edge to a neat uniform vertical line all grass abutting Curbs, sidewalk, driveways, flush -paved surfaces, etc. as well as shrubs, ground covet bed, hedges, trees, etc. 4.13 Trimming of Grass- Grass will be trimmed simultaneously with the mowing at each visit. Grass trimming will be accomplished by a hand held power line trimmers. 4.14 Raking -, Grass clippings caused by mowing, edging and trimming will be removed From the curbs, parking lots, street; walkways, planted beds and other adjacent surfaces on the same day as mowed. 4.15 Shrubs. Hedges and Ground Covers Care- Shrubs. and hedges will be trimmed as necessary in order to maintain a proper height and appearance. 4.16 Trees and Palms.- Plants and shrubs shall be pruned at the best time fort l ower bud development, foliage growth, and as the health of the plant may require. Shrubs shall not be clipped into balled of boxed for unless such is required by the design. New sprouts will be 36 removed from tree trunks. Low limbs and branches will be pruned and maintained to provide an 8' foot clearance over walkways, parking lots and other areas which may interfere the visibility to vehicles and pedestrians. 4.17 Weed Control- Weed control will be performed on plant beds and tree wells by means of manual/ mechanical and /or chemical means. 4.18 Litter Control- Litter and debris generated by contractors from the landscape maintenance service will be removed on every visit. ZONE 5 City of South Miami Landscaping and Maintenance Program for 57th Avenue from US I to Sunset Drive consists of the following services: 5.10 Mowing: The mowing of 57th Ave from US I to sunset Drive will be performed Thirty (24) times cycles per year. Mowing cycle. consists of thirty (24 ) cycles per year. Once every (10) days, April I through September once every fourteen (14) days, October I through March 31 st • All leaves, litter and debris shall be removed from grass before mowing. • All mowers blades shall be sharp enough to cut, rather than tear, grass blades. • Rotary mowers shall be used oft this contract. • Mowing shall not be performed when weather or other conditions would cause • Damaged turf. • All mowers are adjusted to the proper cutting height and level; to be measured • From level grade surface to the parallel and level • Plane of the mower blade. 5.11 Fertilizing: Contractor shall be responsible for coordinating timing, delivery and application of all necessary fertilizer as follows: All trees, palms, grass areas and shrubs shall be fertilized three (3) times per year. 5.12 Edging: After each mowing, use a mechanical edger to edge to a neat uniform vertical line all grass abutting curbs, sidewalk, driveways, flush -paved surfaces, etc. as well as shrubs, ground cover bed, hedges, trees, etc 5.13 Trimming of Grass: Grass will be trimmed simultaneously with the mowing at each visit. Grass trimming will be accomplished by a hand held power line trimmers. 5.14 Raking: Grass clippings caused by mowing, edging and trimming will be removed from the curbs, parking lots, street, walkways, planted beds and other adjacent surfaces on the same day as mowed. 5.15 Shrubs Hedges and Ground Covers Care: Shrubs and hedges will be trimmed as necessary in order to maintain a proper height and appearance. 5.16 Trees and Palms: 37 Plants and shrubs shall be pruned at the best time for flower bud development, foliage growth; and as the health of the plant may require. Shrubs shall not be dipped into balled of boxed for unless such is required by the design. New sprouts will be removed from tree trunks. Low limbs and branches will be pruned and maintained to provide an 8' foot clearance over walkways, parking lots and other areas which may interfere the visibility to vehicles and pedestrians. 5.17 Weed Control: Weed control will be performed on plant beds and tree wells by means of manual/ mechanical and /or chemical means. 5.18 Litter Control Litter and debris generated by contractors from the landscape, maintenance service will be removed on every visit. ZONE 6 City of South Miami Landscaping and Maintenance Program for I I Traffic Circles located throughout the City consists of the following services: 6.1 Mowing: The mowing of all I I Traffic Circles located throughout the City of So. Miami. The mowing will be performed twenty six (24) times cycles per year. Mowing cycle consists of twenty six (24) cycles per year. • All leaves, litter and debris shall be removed from grass before mowing. • All mowers blades shall be sharp enough to cut, rather than tear, grass blades. • Rotary mowers shall be used be this contract. • Mowing shall not be performed when weather or other conditions would cause • Damaged turf. • All mowers are adjusted to the proper cutting height and level; to be measured • From level grade surface to the parallel and level • Plane of the mower blade. 6.2 Fertilizing: Contractor shall be responsible for coordinating timing, delivery and application of all necessary fertilizer as follows: All trees, palms, grass areas and shrubs shall be fertilized twice (2) times per year. 6.3 Edging: After each mowing, use a mechanical edger to edge to a neat uniform vertical line all grass abutting curbs, sidewalk, driveways, flush -paved surfaces, etc. as well as shrubs, ground cover bed, hedges, trees, etc. 6.4 Trimming of Grass: Grass will be trimmed simultaneously with the mowing at each visit. Grass trimming will be accomplished by a hand held power line trimmers. 6.5 Raking: Grass clippings caused by mowing, edging and trimming will be removed from the curbs, parking lots, street, walkways, planted beds and other adjacent surfaces on the same day as mowed. 6.6 Shrubs Hedges and Ground Covers Care: 38 Shrubs and hedges will be trimmed as necessary in order to maintain a proper height and appearance. 6.7 Trees and Palms: Plants and shrubs shall be pruned at the best time for flower bud development foliage growth, and as the health of the plant may requite. Shrubs shall not be clipped into balled of boxed for unless such is required by the design. New sprouts will be removed from tree trunks. Low limbs and branches will be pruned and maintained to provide an 8' foot clearance over walkways, parking lots and other areas which may interfere the visibility to vehicles and pedestrians. 6.8 Weed Control: Weed control will be performed on plant beds and tree wells by means of manual mechanical and /or chemical means. 6.9 Litter Control: Litter and debris generated by contractors from the landscape maintenance service will be removed on every visit. 39 PRICING Citywide Landscaping Services DO NOT SUBMIT PRICING IN THIS SECTION TBD 40 TERM: The term of this contract is three (3) years and shall commence on the first calendar day of the month succeeding the notice of award. PERSONNEL: All Company personnel fulfilling the terms of this Agreement, shall be employed solely by the Company and be employees of the Company. Company agrees to pay the following for Company employees: Wages Income tax withholdings Social security withholdings State unemployment insurance Federal unemployment insurance Workmen's compensation insurance Company shall train personnel. Personnel not performing up to the standards of the City will be replaced by the Company immediately. OPTION TO RENEW: The City shall have the option to renew this contract for one, two -year period consecutively. Continuation of the contract beyond the initial period is the City's prerogative, and not the right of the Company. This prerogative may be exercised only when such continuation is clearly in the best interest of the City. Should the Company decline the City's right to exercise the option period, the City will consider the Company in default which decision shall affect the Company's eligibility for future contracts. The pricing schedule for the two -year contract extension shall apply and is attached as "Pricing" and is part of this agreement by way of reference. INSURANCEILIABILITY: The Company shall maintain and keep in full force and effect the coverage as set forth in the City's standard insurance requirements, a copy of which is attached as "General Conditions and Information #8 and #10" and is part of this agreement by way of reference. TAXES: Company shall be responsible for all payments of federal, state, and /or local taxes related to the Operations, inclusive of sales tax if applicable. INDEPENDENT CONTRACTOR: Company is an independent entity under this Agreement and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between the parties. DUTIES AND RESPONSIBILITIES: Company agrees to provide its services during the term of this Agreement in accordance with all applicable laws, regulations, and health and safety standards. LICENSES AND CERTIFICATIONS: Company shall secure all necessary business and professional licenses at its sole expense prior to executing the Agreement. 41 CANCELLATION: The City shall have the right to cancel this Agreement with or without cause upon sixty (60) days written notice to Company. Upon termination, the City shall be entitled to a refund of any monies paid for any period of time subsequent to date of termination. ENTIRE AGREEMENT, MODIFICATION, and BINDING EFFECT: This Agreement constitutes the entire agreement of the parties and supersedes any prior agreements, understandings, representation or negotiation, written or oral. This Agreement may not be modified or amended except in writing, signed by both parties hereto. This Agreement shall be binding upon and inure to the benefit of the City and Company and to their respective heirs, successors and assigns. CUMULATIVE REMEDIES: The duties and obligations imposed by the contract documents, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Company by the Contract Documents and the rights and remedies available to the City hereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. In order to entitle any party to exercise any remedy reserved to it in this Agreement, or existing in law or in equity, it shall not be necessary to give notice, other than such notice as maybe herein expressly required. CLAIM PERIOD: Should the City or the Company suffer injury or damage to its person or property because of any error, omission, or act of the other or of any of their employees or agents or others for whose acts they are legally liable, claim shall be made in writing to the other party within twenty one (2 1) days of the first observance of such injury or damage. JURY TRIAL: City and Company knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. VALIDITY OF EXECUTED COPIES: This agreement may be executed in several counterparts, each of which may be construed as an original. RULES OF INTERPRETATION: Throughout this agreement the male pronoun may be substituted for female and neuter and the singular words substituted for plural and plural words substituted for singular wherever applicable. SEVERABILITY: If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. NON - WAIVER: City and Company agree that no failure to exercise and no delay in exercising any right, power or privilege under this Agreement on the part of either party shall operate as a waiver of any right, power, or privilege under this Agreement. No waiver of this Agreement, in whole or part, including the provisions of this paragraph, may be implied by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this agreement. Any waiver of any term, condition or provision of this Agreement will not constitute a 42 waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. NO DISCRIMINATION: No action shall be taken by the Company which would discriminate against any person on the basis of race, creed, color, national origin, religion, sex, familial status, ethnicity, sexual orientation or disability. INDEMNIFICATION: Company hereby covenants and agrees to indemnify and hold harmless provisions set forth in "General Conditions and Information #8 and #10" and is part of this agreement by way of reference. GOVERNING LAWS: This Agreement and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami -Dade County, Florida. ATTORNEYS' FEES AND COSTS: In the event of any litigation between the parties arising out of or relating in any way to this Agreement or a breach thereof, each party shall bear its own costs and legal fees. AUDIT: Upon request and during regular business hours, the Company shall allow the City or its consultant to audit, inspect, and examine the facility for safety and contractual compliance. In an effort to confirm such information, the City may communicate directly with service providers and providers of pool maintenance goods. Additionally, the Company shall keep complete and accurate books and records of accounts and business operations in accordance with generally accepted accounting principles for a period of three (3) years following termination of this Agreement. ASSIGNMENT: Company shall not assign or transfer its rights under this Agreement without the express written consent of the City. In turn and upon its approval, the City will not unreasonably withhold and /or delay said consent as to rights but not duties and responsibilities. EFFECTIVE DATE: This Agreement shall not become effective and binding until it has been executed by both parties hereto and the effective date shall be the date of its execution by the last party so executing it. THIRD PARTY BENEFICIARY: It is specifically understood and agreed that no other person or entity shall be a third party beneficiary hereunder, and that none of provisions of this Agreement shall be for the benefit of or be enforceable by anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. FURTHER ASSURANCES: The parties hereto agree to execute any and all other and further documents as might be reasonably necessary in order to ratify, confirm, and effectuate the intent and purposes of the Agreement. TIME OF ESSENCE: Time is of the essence of this Agreement. 43 CONSTRUCTION: This Agreement shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. FORCE MAJEURE: Neither party hereto shall be in default of its failure to perform its obligations under this Agreement if caused by acts of God, civil commotion, strikes, labor disputes, or governmental demands or requirements that could not be reasonably anticipated and the effects avoided or mitigated. Each party shall notify the other of any such occurrence. NOTICES: Whenever notice shall be required or permitted herein, it shall be delivered by hand delivery, e-mail, facsimile transmission or certified mail, with return receipt requested and shall be deemed delivered on the date shown on the delivery confirmation or if by certified mail, the date on the return receipt or the date shown as the date same was refused. Notices shall be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: 44 Continuation of Attachment # I Citywide Landscaping Services Agreement To the City of South Miami: City Manager, Hector Mirabile, PhD 6130 Sunset Dr. South Miami, FL 33143 Fax: :3 0S !Z7 q lr5— 0 E -mail: With copies by U.S. mail to: City Attorney, Thomas Pepe, Esquire 6130 Sunset Dr. South Miami, FL 33143 To the �IZyt / V o ct r--- -n C //ss _.- i2 c- 'r.C' Compan Company 1 Address Fax: _3 D-1— q i E -mail: (!_ OA 7:� e_- C © X1 6,1-11' C , With copies by U.S. mail to: Company Attorney IN WITNESS WHEREOF, the parties have signed this Agreement this _ day of of 201 1. COMPANY NAME, a Florida corporation Signature of Witness t-1,4 K,�- 7) j j, I a L � Name AUTHENTICATION: Signature: Maria M. Menendez, CMC City Clerk Read and Approved as to Form, Language, Legality and Execution Thereof: Signature: City Attorney By: as its President CITY OF SOUTH MIAMI 45 Signature: Dr. Hector Mirabile City Manager ATTACHMENT#$ I PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Citywide Landscaping Services Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes — "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 on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded to perform work as a Contractor, supplier, Subcontractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list ". The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. BIDDERS must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or it's agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TP ADMINISTER OATHS. 1. This sworn statement is submitted to r [print name of the public entity] by � [print individual's name and title] for [print name of entity submitting sworn statement] I' whose business address is 1 is , C- --' 7 and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEI , i lude y�e Social S i Number of the individual signing this sworn statement: I ) 2. 1 understand th t ;"public entity crime" as defined in Paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or 46 without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 1 understand that a "person" as defined in Paragraph 287.133 (1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services led by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. {attach a copy of the final order.] 47 Continuation of Attachment #2 Public Entity Crimes and Conflicts I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this L/ Personally known or Produced identification day of 7 Notary Public - State of My commission expires A-25�� signature] ,20 1-z- ?`5i (Type of identification) (Printed, typed or stamped commissioned name of notary public) Form PUR 7068 (Rev.06/ 1 1 /92) MARK P. DONNELLY MY COMMISSION # DD 941970 ExpIRES, December 12, 2013 ? Q Bonded lhru Notary Public Underwriters �ll�fi 48 ATTACHMENT #2 DRUG FREE WORKPLACE Citywide Landscaping Services Whenever two or more Bids which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (1). 4. In the statement specified in Subsection (1), notify the employees, that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. S. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. PROPOSER's Signature: Print Name: Date: 49 ATTACHMENT #3 NO CONFLICT OF INTEREST /NON- COLLUSION CERTIFICATION Citywide Landscaping Services Submitted this day of , 20, The undersigned, as Bidder /Proposer, declares that the only persons interested in this RFP are named herein; that no other person has any interest in this RFP or in the Contract to which this RFP pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The Bidder /Proposer agrees if this response/submission is accepted, to execute an appropriate CITY document for the purpose of establishing a formal contractual relationship between the Bidder /Proposer and the CITY, for the performance of all requirements to which the response /submission pertains. The Bidder /Proposer states that this response is based upon the documents identified by the following number: Bid /RFP The full -names and residences of persons and firms interested in the foregoing bid /proposal, as principals, are as follows: Name Street Address �0 t `T 0/ 1 � (� /p � The Bidder /Proposer further certifies that this response /submission complies with section 4(c) of the Charter of the City of Miami, Florida, that, to the best of its knowledge and belief, no Commissioner, Mayor, or other officer or employee of the CITY has an interest, directly or indirectly in the profits or emoluments of the Contract, job, work or service to which the response /submission pertains. Signature: u Printed Name: Title: Telephone: -76W,-4 �� Company Name ��b 50 Continuation of Attachment #4No Conflict of inter /Non - Collusion Certification NOTARY PUBLIC: STATE OF q:-2 (_ COUNTY OF ►� ►� (/✓� F �. The foregoing instrument was acknowledged before me this day of \-A , 20 1 L by (name of person whose signature is being notarized) who is C-1/ Personally known to me, or Personal identification: /'r -1L J'��-1 1-fA1,4 Type of Identification Produced Did take an oath, or Did Not take an oath. SEAL (Name of Notary Public: Print, Stamp or type as commissioned.) MARK P. 0:J"ti °s�KV M`/ G `MN1IS`!G a € !X'i 54M,79 EXPIRES: C ?err;,nyttr 11.7013 !yvidrd Thru Notary Undervoiters 51 Project Name: Citywide Landscaping, Request for Proposals Date: March 20, 2012 Sent: Fax/E-mail/webpage This addendum submission is issued to clarify, supplement and/or modify the previously issued Request for Proposals (RFP) Documents, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. Question #11: Please clarify the frequency of service for all zones; there appears to some discrepancies. • Cycle Cuts for all Zones, I — 6 are twenty-four (24) times per year. • Fertilizer Applications: • Zones I — 5 are three times (3) per year. • Zone 6 is two times (2) per year The above frequency of service applies to the 3-year contract period and, the 2-year optional contract extension. Question #2: Is it the City's intention to mow St. Augustine at 2/11/2" — 3" in height? • Yes, mow St. Augustine at 21/2" — 3" in height. I 0 : 0 10 *1 F-11 W] D14 Z I big] L ps 9 m UVA N;d FIVAIIII _14 WiN14 12 Lalk-19i 14 Lai 1 • it rap] DIAZ 101 Project Name Citywide Landscaping, Request for Proposals Date: April 3, 2012 Sent: Fax/E-mail/webpage This addendum submission isissued to clarify, supplement and/or modify the previously issued Request for Proposals (RFP) Documents, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in 6mU force and effect as originally set forth. It shall he the sole responsibility of the bidder to secure Addendurns that may be issued for a specific solicitation. Question #U: Rules and Regulations - Contractorshal|be responsible for complying with regulations mf all local, state, and federal agencies having iuhsdkdonover any portion of the work umbe performed under this contract. DoesnocmendonE-Verif, — doemcontrocborhoveuzbeenroUedor follow E-Var|Gcutionrequirements? that an employer ito use ---veriV—wnen the employe Has a contract with the kAty 01 bOUth Miami. It is up to the vendor or contractor to insure that he, she or it complies with all federal, state, county and city laws. It is the vendor or contractor's responsibility to make that determination.