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Res No 072-22-15825RESOLUTION NO. 072-22-15825 A Resolution authorizing the City Manager to negotiate and enter into a multi-year agreement to procure services with BrightView Landscaping Services, Inc. for Citywide Landscaping Services. WHEREAS, the City's current agreement for Citywide Landscaping Services expires July 12, 2022; therefore, a solicitation was issued for a replacement agreement to take effect July 13, 2022;and WHEREAS, the scope of work includes professional landscape services at designated public right-of-way areas and sixteen (16) parks throughout the City; and WHEREAS, the solicitation closed on May 17, 2022 with eight (8) respondents submitting proposals. On June 3, 2022, a Selection Committee comprised of Chairperson, Quentin Pough/Director of Parks and Recreation; Samantha Fraga-Lopez/Assistant City Manager; and, John Reese/Public Works Superintendent met virtually to review, score, and rank the proposals; and WHEREAS, each Evaluation Selection Committee member scored and ranked each Respondent's proposal based on the Technical and Price Criteria published within the solicitation; and WHEREAS, final results conclude that BrightView Landscaping Services has the best average rank score of 1.00 and is recommended for the award. Furthermore, BrightView Landscaping Services had the highest total raw score of 265; and WHEREAS, the contract is for three (3) years with one (1) two (2) year option-to-renew for a total of five (5) consecutive years; the renewal is at the discretion of the City Manager; and WHEREAS, the agreement includes the use of electric leaf blowers in accordance with Ordinance No. 01-22-2422, effective August 2023. Should the Ordinance be rescinded, and gas- powered leaf blowers are permitted, there is no difference in BrightView Landscaping Services bid proposal; and WHEREAS, the proposal amount shall not exceed $894,157.65 over the five-year contract term. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution upon adoption hereof. Page 1 of2 Res. No. 072-22-1 5825 Section 2. The City Manager is hereby authorized to negotiate and to enter into a th ree (3) year agreement with one (1) two (2) year option-to-renew, with BrightView Landscaping Services, Inc. for Citywide Landscaping Services for an amount not to exceed $894,157.65 over the five-year contract term. The expenditures per the agreement will be charged accordingly to the Parks Division -Contractual Services, account number 00 1-1750-519 -3450 and the Public Works Streets and Landscaping Division -Contractual Services, account number 001 -1 730-519- 3450. Section 3. Corrections. Conforming language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 4. Severability. If any section clause, sentence , or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding will not affect the validity of the remaining portions of this resolution. Section 5. Effective Date. This resolution will become effective immediately upon adoption. PASSED AND ADOPTED this 21 st day of June , 2022 . ATTEST: Cl~~~Lt READ AND APPROVED AS TO FORM , LANGUAGE, LEGALITY, AND EX~;;~ ~; CITY ATTORNEY APPROVED : COMMISS ION VOTE: Mayor Philips: Commissioner Harris: Commission er Gil : Commissioner Liebman: Commissione r Corey: Page 2 of 2 5 -0 Yea Yea Yea Yea Yea Agenda Item No:4. City Commission Agenda Item Report Meeting Date: June 21, 2022 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to negotiate and enter into a multi-year agreement to procure services with BrightView Landscaping Services, Inc. for Citywide Landscaping Services. 3/5 (City Manager - Parks & Recreation Dept.) Suggested Action: Attachments: Memo-Citywide_Landscaping_Services_2022.docx Resolution-Citywide_Landscape_Services_2022_CArev.docx FINAL RFP CITYWIDE LANDSCAPING SERVICES 4.12.22 CA rev.pdf Bid Tabulation 5.18.22.pdf BID SUMMARY E-BLOWERS vs GAS POWERED 5.17.22 (1).pdf BRIGHTVIEW Proposal Bidding Document.PDF Selection Committee Final Score & Average Rank RFP PW2202-09 6.3.22.pdf DEMAND STAR RFP PW2022-09 5.17.22.pdf DBT AD.pdf Sun Biz Brightview Landscaping.pdf MDBR Ad.pdf Miami Herald Ad.pdf 1 EXHIBIT 6 CONTRACT CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 THIS CONTRACT, entered into this 2..1 day of ·J"o~ , 20 2Z..., by the CITY OF SOUTH MIAMI through its Manager, both of whom shall be hereinafter referred to as the "CITY" where applicable; located at 6130 Sunset Drive, South Miami, FL. , E-mail: SKA MALl@SOUTHMIAMI FL .GOV and BrightView Landscape Services, Inc. with an office and principal place of business located at 4155 E ;,.1 mrn· JJm•c. I 10111" kJd, l'I 3.~(1 33 , and E-mail address of Jcnna .crawford@brigh 1vicw.com and Facsimile transmission number of 305-258-0809 (hereinafter called the "CONTRACTOR". WITNESSETH: WHEREAS, the CITY needs CITYWIDE LANDSCAPING SERVICES; and WHEREAS, the CITY desires to retain CONTRACTOR, to provide the required services based on CONTRACTOR's representations which reflect that CONTRACTOR is qualified and capable of providing said services in a professional and timely manner and in accordance with the CITY's goals and r equirements; and WHEREAS, CONTRACTOR has agreed to provide the required services in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: (I) Engagement of CONTRACTOR: Based on the representations of CONTRACTOR as set out in the following documents the CITY hereby grants to CONTRACTOR the rights, and CONTRACTOR accepts the obligations set forth in Scope of Services, as modified by the Contract Documents, (all of which is hereinafter referred to as the Work"). • Respondent's Bid Form, attached as "Exhibit 3 • Respondents Cost & Technical Proposal attached as "Exhibit 4" (2) Contract Documents: The Contract Documents include this Contract and the forgoing documents (in paragraph (I) above) and the following documents, as well as any attachments or exhibits that are made a part of any of the Contract Documents: • Scope of Services, attached as Exhibit I • CITY's Insurance & Indemnification Requirements, attached as Exhibit 2 • Solicitation documents for CITYWIDE LANDSAPING SERVICES, RFP #PW2022-09. This Contract and the Solicitation, Scope of Services, and Insurance & Indemnification Requirements take precedence over the response to the CITY's CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 including the CONTRACTOR's Bid Form and CONTRACTOR/ Respondent's Cost and Technical Response to the Solicitation. All the forgoing documents referenced in paragraph (I) above, and in this paragraph, are attached hereto and made a part hereof by reference. (3) Date of Commencement: CONTRACTOR must commence the performance of the Work under this Contract on a date to be specified in a Notice to Proceed, or Purchase Order, (hereinafter referred to as the "Work Commencement Date"). Time is of the essence. (4) Primary Contacts: The Primary Contact Person in charge of administering this Contract on behalf of the CITY is the City Manager ("Manager"), assistant Manager, or their written designee. The Primary Contact Person for CONTRACTOR and his/her contact information is as follows: Name: h nrles Go nznle, e-mail~en na.crM,.fnrd@brighE,•ic.e.co ni Fax: 305-258-0809 Street Address: 4 155 It Mowrv Drive. Homcstead. FL 33033. (5) Scope of Services: The services to be provided are as set forth in the Scope of Services, attached as "Exhibit I. (6) Compensation: The CONTRACTOR's compensation under the terms and provisions of this Contract (hereinafter referred to as the Contract Price) is as set forth in CONTRACTOR/RESPONDENTS COST & TECHNICAL PROPOSAL attached as "Exhibit 4, unless modified in writing signed by the CITY and CONTRACTOR. 70 of 76 I of 36 (7) Hours of Work: It is presumed that the cost of performing the Work after regular working hours, and on Sunday and legal holidays, is included in the Contract Price . However, nothing contained herein authorizes work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City Manager, the Assistant City Manager, or their written designee. (8) Time Provisions: The term of this Contract commences on the Work Commencement Date and continues for THREE ill Years. with One (I) TWO (2) Year Option-to-Renew, for a term not to exceed FIVE 5 Consecutive Years. The Option to Renew is at the discretion of the City Manager, unless the Contract is earlier terminated in accordance with the Contract Documents. (9) Termination: This Contract may be terminated without cause by either party with a thirty (30) day written notice to either party. This provision supersedes and takes precedence over any contrary provisions for termination contained in the other Contract Documents. ( I 0) Applicable Law and Venue: Florida law applies to the interpretation and enforcement of this Contract. Venue for all proceedings involving or arising out of this Contract is in Miami-Dade County, Florida. ( I I) Duties and Responsibilities: CONTRACTOR shall comply with all applicable laws, ordinances, codes, rules, regulations , and health and safety standards of any governmental body having jurisdiction over any matter related to this Contract or the goods and/or services to be performed hereunder and shall commit no trespass on any private property in performing any of the work embraced by this Contract. Each and every provision and/or clause required by law to be inserted in this Contract is deemed to be inserted herein and this Contract must be read and enforced as though such provisions and/or clauses are included herein. ( 12) Licenses and Certifications: CONTRACTOR must secure all necessary business and professional licenses at its sole expense prior to commencing the Work. ( 13) Insurance, Indemnification & Bonding: CONTRACTOR must comply with the insurance, indemnification and bonding requirements set forth in the Contract Documents. In the event that any of the Contract Documents provide for indemnification, nothing contained therein may be construed to imply that the CITY has waived its sovereign immunity as provided by Florida Statute, Section 786.28 and anything to the contrary contained therein is null and void and of no force or effect. ( 14) Jury Trial Waiver: The parties waive their right to jury trial. ( 15) Entire Agreement, Modification, and Non-waiver: The Contract Documents constitute the entire agreement of the parties and supersede any prior agreements, written or oral. The Contract Documents may not be modified or amended except in writing, signed by both parties hereto and if this Contract is required to be approved by the City Commission, all amendments thereto must be approved in the same manner and with the same formality as this Contract if in the opinion of the City Attorney such approval is required by law. The Contract Documents, in general, and this paragraph may not be modified or amended by any acts or omissions of the parties. No failure to exercise and no delay in exercising any right, power or privilege may be construed to operate as a waiver . No waiver of the Contract Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or omission. ( 16) Public Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.070 I) while providing goods and services on behalf of the CITY and the CONTRACTOR, under such conditions, muse incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR and its subcontractors are specifically required co: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the CONTRACTOR if the CONTRACTOR does not transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the CONTRACTOR or keep and maintain public records required by the public agency to perform the 71 of 76 2 of 36 service. If the CONTRACTOR transfers all public records to the public agency upon completion of the contract, the CONTRACTOR must destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR must meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143. ( 17) Notices. Whenever a notice is required or permitted herein, it must be delivered by certified mail with return receipt requested, hand delivery, e-mail (or similar electronic transmission), or facsimile transmission and will be deemed delivered on the date shown on the e-mail or delivery confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt card or the date shown as the date same was refused or unclaimed . If hand delivered to the CITY, a copy must be stamped with the official City receipt stamp showing the date of deliver; otherwise, the document will not be considered to have been delivered. Notices must be delivered co the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To CITY: With copies by U .S. mail to: To CONTRACTOR: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Fax: E-mail: salexander@southmiamifl.gov City Attorney 61 30 Sunset Dr. South Miami, FL 33143 Fax: (305) 341-0584 E-mai l: cpepe@souchmiamifl.gov Brigh View Landscape Services, Inc. •1155 E. Mowry Drive, Homestead, FL 33033 E-Mail: jt!nna . rn1 ,·~ rd @brightview.com ( 18) Corporate Authority. The CONTRACTOR and its representative who signs this Contract hereby certifies under penalty of perjury that the CONTRACTOR and its representative have, and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this Contract and to assume the responsibilities and obligations created hereunder; and that this Contract is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONTRACTOR hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. ( 19) Drug Free Workplace. CONTRACTOR must comply with the Drug Free Workplace policy set forth in the City of South Miami's Personnel Manual which is made a part of this Contract by reference. (20) Transfer and Assignment. None of the work or services under this Contract can be subcontracted or assigned without prior written consent from the CITY which may be denied without cause. 72 of 76 3 of 36 (21) Most Favored Public Entity. CONTRACTOR represents that the Contract Price negotiated with the CITY is not less than the price CONTRACTOR is offering to other customers for the same or substantially similar items or services for comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and other material cost factors . If CONTRACTOR's price to other clients decreases when providing the same goods or services as provided to CITY with the same comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors, CONTRACTOR must immediately extend the same price to CITY. (22) E-VERIFY. As a condition precedent to entering into this Contract, and in compliance with Section 448.095, Fla. Stat., CONTRACTOR and its subcontractors must register with and use the E- Verify system to verify work authorization status of all employees hired after January I, 2021 . The CONTRACTOR and all subcontractors must comply with and be bound by the following: (a) CONTRACTOR must require each of its subcontractors to provide CONTRACTOR with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. CONTRACTOR must maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Contract; (b) The CITY, CONTRACTOR, or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09( I), Fla. Stat. or the provisions of this section must terminate the contract with the person or entity; (c) The CITY, upon good faith belief that a subcontractor knowingly violated the provisions of this section, but that the CONTRACTOR otherwise complied, must promptly notify CONTRACTOR and CONTRACTOR must immediately terminate the contract with the subcontractor; (d) A contract terminated under the provisions of this Section is not a breach of contract and may not be considered such; (e) Any contract termination under the provisions of this Section may be challenged no later than 20 calendar days after the date on which this Contract is terminated pursuant to paragraph b. or c. above; (f) CONTRACTOR acknowledges that upon termination of this Contract by the CITY for a violation of this Section by CONTRACTOR, CONTRACTOR may not be awarded a public contract for at least one (I) year. CONTRACTOR further acknowledges that CONTRACTOR is liable for any additional costs incurred by the CITY as a result of termination of any contract for a violation of this Section; and (g) Subcontracts. CONTRACTOR or subcontractor must insert in any subcontracts the clauses set forth in this Section, including this Subsection, requiring the subcontractors to include these clauses in any lower tier subcontracts. CONTRACTOR is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this Section and CONTRACTOR's failure to enforce compliance is a substantial and material breach of this Contract. (23) ANTI-DISCRIMINTION . Contractor and all of its employees, subcontractors and subconsultants, while performing work for the City, including the hiring and retention of employees for the performance of Work, are prohibited from discriminating against anyone on the basis of race, color, religious family status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age, disability or any other classification that is federally defined as a "protected class" and Contractor must take all steps necessary to prevent such discrimination by all of its employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial, material breach of this Contract. 25.1 Contractor must include in all of its subcontracts the following clause: 73 of 76 4 of 36 Subcontractors and all of their employees, subcontractors and subconsultants, while performing work for the City, including the hiring and retention of employees for the performance of Work, are prohibited from discriminating against anyone on the basis of race, color, religious family status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age, or disability, or any other classification that is federally defined as a "protected class". Subcontractors must take all steps necessary to prevent such discrimination by all of their employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial, material breach of this Subcontract. IN WITNESS WHEREOF, the parties, have executed this Contract, on or before the date first above written, with full knowledge of its content and significance and intending to be legally bound by the terms hereof. Read and Approved as to Form, Language, Legality , and Execution Thereof: Charles Gonzalez SVP [print name and title of signatory] Shari Kam ali City Manager END OF SECTION 74 of 76 5 of 36 EXHIBIT I SCOPE OF SERVICES Attachment A CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 The City of South Miami is accepting sealed PROPOSALS for Citywide Landscape maintenance services for a period of three-years (3) for public rights-of-way within and outside of the City. In addition to the three-year agreement, one (I) two-year (2) option to renew, solely at the discretion of the City Manager, will also apply. The work covered by the specifications herein is for City Wide Landscape maintenance services as described in the contract documents. The City will select a single vendor to perform Citywide Landscaping Services in accordance with the Exhibit I, Attachment A, "Scope of Services," and the schedule identified as Exhibit I, Attachment B, "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 must be maintained in an efficient and safe operating condition while performing work under the contract. Equipment must 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 is 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 followi~g equipment must 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 (I) 400-gallon portable water sprayer. • FDOT compliant arrow board and 75 FDOT compliant traffic cones. Jlloff1'6 • One (I) 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 (I) portable brush chipper with 20 cu. yd . capacity storage truck • One (I) twenty cubic yard capacity dump truck. • One (I) portable gasoline generator 5000w min . • One (I) 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 (I) 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 contractor's service vehicles and their main office. SPECIFIC SERVICE REQUIREMENTS 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 r equires 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 for completion of the work in a timely manner and provide status reports. MOWERS, EDGERS AND OTHER POWER MAINTENANCE EQUIPMENT All mowers shall be adjusted to 2 I /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 . ~aff'J6 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 of 65 db at 50 feet 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 I /2" away from walks and edge of pavement. The use of a gas-powered leaf blower is prohibited within the City in accordance with Section I 50-2.3 of this Article II. Electric-powered leaf-blowers may be used within the City, consistent with the regulations set forth in Chapter 150 of the City's Code of Ord. No.01- 22-2422 Ordinances (Code) attached as Exhibit I. ATTACHMENT C "CODE OF ORD. No. 01-22-2422. A citation shall be issued to the property owner and to the business that is performing the work using a gas-powered leaf-blowers in violation of this Section. Private property owners and businesses are encouraged to operate electric-powered Landscaping Equipment in a manner that reduces noise and pollution generated by the equipment, including, without limitation, by not continuously running equipment and by using equipment that operates at a low decibel range (i.e., 65 dB at 50 feet). In the event of a hurricane, tropical storm, or similar extreme weather event, the City Manager, in the manager's sole discretion, may temporarily suspend provisions of this Article II to permit the use of gas-powered Landscaping Equipment for debris cleanup. 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: .,offJ"6 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. 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 ,floff:16 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 of 65 dB, or less, at SO feet to 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. 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: IIOofH 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: Clean all catch basins while on-s ite. 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 lfB ofH 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 ( I 0) 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. tlJof'M EXHIBIT I ATTACHMENT B "TECHNICAL SPECIFICATIONS" CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 ANY TECHNICAL SPECIFICATION INCLUDED IN THE SCOPE OF SERVICES ARE HEREBY ADOPTED AS PART OF THESE TECHNICAL SPECIFICATIONS. DURING THE TERM OF THE AGREEMENT, THE CITY RESERVES THE RIGHT TO ADD OR DELETE LOCATIONS/ZONES IDENTIFIED IN THE "TECHNICAL SPECIFICATIONS" LISTED BELOW. SHOULD ADJUSTMENTS BE MADE TO THE TECHNICAL SPECIFICATIONS, THE CITY WILL NEGOTIATE PRICING WITH THE CONTRACTOR. CITYWIDE LOCATIONS ZONEI City of South Miami Landscaping and Maintenance Program for Bird Road from 65th Avenue to 57th Avenue (Zone I) consists of the following services: I.I Mowing: The mowing of Bird Road from 65 th avenue to 57th avenue will be performed thirty (30) cycles per year. Mowing cycle consists of thirty (30) cycles per year. Once every ( I 0) days April I through September 30 th and once every fourteen ( 14) days, October I through March 31 st • • All leaves, litter and debris shall be removed from grass before mowing. • All mover 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 and the fertilizer must be approved in writing by the City. 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 handheld power line trimmer. In the event grass cannot be mowed tlJ of'M by means of a regular rider-or push-mower (i.e. ground area is too narrow, physical barriers preventing full access of a regular mower), it will be trimmed and it will occur simultaneously with the mowing conducted at each site. 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 once per month (the first scheduled mow cycle of each month) as necessary in order to maintain a proper height and appearance to the satisfaction of the Parks Superintendent and/or Public Works Superintendent. The ground cover will be mowed or cared for at a height (inches) between 2.0 and 2.5 unless instructed in writing otherwise by either Superintendent. I . 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 "box balls" 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 a I 0'-foot clearance over walkways, parking lots as well as 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 and all chemicals must be approved in writing by the City. I . 9 Litter Control: Litter and debris generated by contractors from the landscape maintenance service will be removed on every visit. ZONE2 City of South Miami Landscaping and Maintenance Program for Median and Swale areas on US I consist of the following services: 2 .1 Mowing: The grass mowing of Median and Swale -US I from 80th street to 57th avenue will be performed thirty (30) times per year (mowing cycle). Mowing cycle consists of thirty (30) cycles per year. Once every ( I 0) days April I through September 30th and once every fourteen ( 14) days, October I through March 31st. • All leaves, litter and debris shall be removed from grass before mowing. • All mower blades shall be sharp enough to cut, rather than tear, grass blades. • Rotary mowers shall be used on this contract. "'ofH • 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 with a fertilizer approved in writing by the City. 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, t r ees, etc. 2.4 Trimming of Grass: Grass will be trimmed simultaneously with the mowing at each visit. Grass trimming will be accomplished by a handheld power line trimmer. In the event grass cannot be mowed by means of a regular rider-or push-mower (i. e., ground area is too narrow, physical barriers preventing full access of a regular mower), it will be trimmed and it will occur simultaneously with the mowing conducted at each site. 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. 2.6 Shrubs Hedges and Ground Covers Care: Shrubs and hedges will be trimmed once per month (the first scheduled mow cycle of each month) as necessary in order to maintain a proper height and appearance to the satisfaction of the Parks Superintendent and/or Public Works Superintendent. The ground cover will be mowed or cared for at a height (inches) between 2.0 and 2.5 unless instructed in writing otherwise by either Superintendent. 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 "box balls" 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 a IO' -foot clearance over walkways, parking lots as well as 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 and chemicals must be app roved in writing by the City. M!l ofH 2 .9 Litter Control: Litter and debris generated by contractors from the landscape maintenance service will be removed on every visit. ZONE] 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 69 th avenue will be performed thirty (30) times per year. Mowing cycle consists of thirty (30) cycles per year. Once every ( I 0) days April I through September 30 th and once every fourteen ( 14) days, October I through March 31s t • • All leaves, litter and debris shall be" removed from grass before mowing. • All mower 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 and the fertilizer must be approved in writing by the City and the fertilizer must be approved in writing by the City. 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 handheld power line trimmer. In the event grass cannot be mowed by means of a regular rider-or push-mower (i.e . ground area is too narrow, physical barriers preventing full access of a regular mower), it will be trimmed and it will occur simultaneously with the mowing conducted at each site. 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 once per month (the first scheduled mow cycle of each month) as necessary in order to maintain a proper height and appearance to the satisfaction of the Parks Superintendent and/or Public Works Superintendent. The ground cover will be mowed or cared for at a height (inches) between 2.0 and 2.5 unless instructed in writing otherwise by either Superintendent. 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 "box balls" 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 a IO' -foot clearance over walkways, parking lots as well as 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. Environmental-friendly chemicals only and it must be approved in writing by the City Manager or designee prior to use. 3.9 Litter Control: Litter and debris generated by contractors from the landscape maintenance service will be removed on every visit. PARKS DIVISION: City of South Miami Landscaping and Maintenance Program for all City Parks consist of the following locations: All America Park (I .40 acres): 6820 SW 64th Avenue Brewer Park ( 1.29 acres) 6300 SW 56'h Street Dante Fascell Park (7.73 acres): 8700 SW 57th Avenue Dog Park (0.13): 6380 SW 78th Street* Fuchs Park (5 acres): 6420 SW 80th Street Jean Willis Park (0.63): 7220 SW 61 st Court Marshall Williamson Mobley Building (exterior ground): 5825 SW 68 Street Marshall Williamson Park (3.22): 6121 SW 68 th Street Murray Park Aquatic Center ( I acre): 670 I SW 58th Place Murray Park (3 acres): 5800 SW 66 th Street Paseo Park (0.27 acres): SW 50th St. and SW 63rd Ave Palmer Park (8 .57 acres): 6100 SW 67'h Avenue South Miami Park (IO acres): 4300 SW 58 th Avenue Van Smith Park ( 1.14 acres): 7800 SW 59th Avenue** Veterans Park (0.59 acres): 8021 SW 58'h Avenue Vice Mayor Robert C. Welsh Jr. Park (0.38 acres): 7435 SW 66 th Avenue KJofH * The Dog Park's ground cover is made up of artificial turf. Awarded Contractor is only responsible for hedging shrubs on the west. ** Awarded Contractor is only responsible for mowing, edging, etc. the central green space at the Van Smith Park. I.I Mowing: The mowing consists of thirty (30) cycles per year. Once every ( I 0) days, April I through September 30 th and once every fourteen ( 14) days, October I through March 31st • All leaves, litter and debris shall be removed from grass before mowing. • All mower blades shall be sharp enough to cut, rather than tear, grass blades. • Only Rotary mowers may be used for this contract. • Mowing shall not be performed when weather or other conditions would cause damaged turf. • All mowers must be 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. 1.2 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. 1.3 Trimming of Grass: Grass must be trimmed simultaneously with the mowing at each visif Grass trimming will be accomplished by a hand-held power line trimmer. In the event grass cannot be mowed by means of a regular rider-or push-mower (i.e. ground area is too narrow, physical barriers preventing full access of a regular mower), it will be trimmed and it will occur simultaneously with the mowing conducted at each site. 1.4 Raking: Grass clippings caused by mowing, edging, and trimming will be removed from the curbs, parking lots, street, walkways, jogging paths, facilities, planted beds and other adjacent surfaces on the same day as mowed. 1.5 Shrubs, Hedges and Ground Covers Care: Shrubs and hedges will be trimmed once per month (the first scheduled mow cycle of each month) as necessary in order to maintain a proper height and appearance to the satisfaction of the Parks Superintendent and/or Public Works Superintendent. The ground cover will be mowed or cared for at a height (inches) between 2.0 and 2.5 unless instructed in writing otherwise by either Superintendent. 1.6 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 "box balls" 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 a IO' foot clearance over walkways, parking lots as well as other areas which may interfere with the visibility of vehicle drivers and pedestrians. 61ofH 1.7 Weed Control: Weed control will be performed on plant beds and tree wells by means of manual mechanical and/or environmental-friendly chemicals only and the chemicals must be approved in writing by the City's Project Manager prior to use. 1.8 Litter Control: Litter and debris generated by contractors from the landscape maintenance service will be removed on every visit. END OF SECTION li9 ofH EXHIBIT I SCOPE OF SERVICES Attachment C CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 "CODE OF ORD. No. 01-22-2422" JGofJ6 ORDINANCE NO. 01-22 -2422 An Ordinance amending the City of South Miami Code of Ordinances to create "Chapter 15D -Environmental Protection" to create definitions, adopt regulations on the use of gas-powered Landscaping Equipment within the City of South Miami, provide for a temporary suspension for storm and hurricane cleanup, establish enforcement and penalty provisions, and provide for a financial hardship waiver. WHEREAS, the City of South Miami ("City") declares that it is in the interest of the public health, safety, and welfare of its residents and visitors to reduce litter and pollutants on the land and in the air and waters of the City; and WHEREAS, a leaf blower is a widely available gardening tool used to manage leaves, clippings, and other debris; and WHEREAS, most gas-powered leaf blowers use two-stroke engines, which mix gas and oil;and WHEREAS, about 30 percent of the gas the engine uses fails to undergo complete combustion, and as a result, the engine emits a number of specific air pollutants of concern, such as: hydrocarbons from both burned and unburned fuel, which combine with other gases in the atmosphere to form ozone; carbon monoxide; fine particulate matter; and other toxic air contaminants in the unburned fuel, including benzene, 1,3-butadiene, acetaldehyde, and formaldehyde 1; and WHEREAS, a 2011 test by the car experts at Edmunds showed that "a consumer-grade leaf blower emits more pollutants than a 6,200-pound 2011 Ford F-150 SVT Raptor"2; and WHEREAS, during the Edmunds test, the company subjected a truck, a sedan, a four-stroke leaf blower, and a two-stroke leaf blower to automotive emissions tests and found that under normal usage conditions -alternating the blower between high power and idle, for example -the two-stroke engine -emitted nearly 299 times the hydrocarbons of the pickup truck, 93 times the hydrocarbons of the sedan, and many times as much carbon monoxide and nitrogen oxides as well; and WHEREAS, the four-stroke engine performed significantly better than the two-stroke in most of the categories, but still far worse than the car engines; and WHEREAS, in 2017, the California Air Resources Board ("CARB") issued a warning that by 2020 gas-powered leaf blowers, lawn mowers, and similar equipment in the state could produce more ozone pollution than all the millions of cars in California combined; and WHEREAS, according to CARB's determination, running a gas-powered leaf blower for one hour emits the same amount of pollution as driving a light-duty passenger vehicle for approximately 1,100 miles3 ; and 1 https://ww2.arb.ca.gov/sites/default/files/2018- 11/Health%20and%20Environmental%201mpacts%20of%20Leat%20Blowers.pdf 2 https://www.edmunds.com/about/press/leaf-blowers-emissions-dirtier-than-high-performance-pick-up-trucks-says- edmunds-insidelinecom .html 3 https ://ww2 .arb .ca.gov/resources/fact-sheets/small-engines-califomia Page 1 of 6 JJ!ofM Res. No. 01-22-2422 WHEREAS, in addition to environmental impacts, air emissions from gas-powered leaf blowers have adverse health effects on workers; and WHEREAS, counties, cities and urban areas are in a unique position to combat climate change, because cities and urban areas are responsible for producing 70 percent of climate changing greenhouse gas ("GHG") emissions worldwide4; and WHEREAS, the City has already taken steps to aggressively address climate change, promote the use of renewable energy, and reduce our community's emissions; and WHEREAS, on February 3rd, 2009, the City Commission passed Resolution No. 23-09- 12832 adopting a goal of carbon neutrality for municipal operations by the year 2030 and the Mayor and City Commission resolved that the "City of South Miami and all of its departments and boards shall coordinate and implement the Carbon Neutral Initiative, insofar as funds, voluntary efforts, or other resources become available, in particular, working to partner with efforts of governments, agencies, institutions and other appropriate public and private organizations in our region, and to track the progress and implementation of the initiative"; and WHEREAS, on May 7th, 2019, the City Commission unanimously passed Resolution 59- 19-15331 committing the City to transition to 100 percent clean, renewable energy community- wide by 2040; and WHEREAS, the City Commission finds that the use of gas-powered leaf blowers to clear leaves, clippings, and other debris on public and private property affects air quality, water quality, contributes to GHG emissions, and impacts environmental health and noise levels throughout the City; and WHEREAS, the City Commission also finds that a number of alternatives exist, such as portable or plug-in electric leaf blowers and non-motorized tools such as rakes; and WHEREAS, the City Commission wishes to provide a reasonable phase-in period during which City staff can conduct outreach to inform and educate residents and landscape maintenance companies of the provisions of this Ordinance, and the availability of alternatives to gas-powered leaf blowers; and WHEREAS, this Ordinance will preserve and enhance the environment of the City of South Miami; and WHEREAS, the City desires to amend the City's Code of Ordinances to create Chapter 15D -Environmental Protection. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if fully set forth herein and as the legislative intent of this Ordinance. 4 https://news.un.org/en/story/2019/09/1046662 Page 2 of 6 JJofH Ord. No. 01-22-2422 Section 2. Chapter 15D of the Code of Ordinances, City of South Miami , Florida, is hereby created and shall read as follows: Chapter 15D -ENVIRONMENT AL PROTECTION Article I. -IN GENERAL Section 15D-l. -Definitions. The following words. terms. and phrases. when used in this Article. shall have the meanings ascribed to them in this section. except where the context clearly indicates a different meaning: Civil Citation has the same meaning as defined in Section 2-25. Courtesy Civil Citation means a Civil Citation that informs the recipient of the violation but that does not penalize the violator. Electric-powered means powered directly from electricity. and not directly powered by any fossil fuel. including powered from the electricity given off by a battery or from the electrical current from an electrical outlet that receives its electricity from a solar panel or the electrical power grid that is used by a home or business. Gas-powered means powered by any fossil fuel. Landscaping Equipment means mowers. edgers. leaf blowers and other eguipment powered by electricity or gas and used for the maintenance of landscaping by an individual or business. Leaf blower means any air blowing device that uses a concentrated stream of air to push. propel or blow dirt. dust. leaves. grass clippings. trimmings. cuttings. refuse or debris. Special Magistrate has the same meaning as defined in Section 2-25 of this Code. Statutory Interest means the interest rate set by Florida Statute for judgments issued by Florida courts. Article II -LEAF BLOWERS Section 15D-2. 1. -Regulations on the use of Gas Powered Leaf blower. The use of a gas-powered leaf blower is prohibited within the City in accordance with Section 15D-2.3 of this Article II . Electric-powered leaf-blowers may be used within the City, consistent with the regulations set forth in Chapter 15D of the City's Code of Page 3 of 6 JJof-. Ord. No. 01-22-2422 Ordinances (Code). A citation shall be issued to the property owner and to the business that is performing the work using a gas-powered leaf-blowers in violation of this Section. Private property owners and businesses are encouraged to operate electric-powered Landscaping Equipment in a manner that reduces noise and pollution generated by the equipment, including. without limitation. by not continuously rwming equipment and by using equipment that operates at a low decibel range (i.e., 65 dB at 50 feet) Section 15D-2.2. -Temporary suspension for storm and hurricane cleanup. In the event of a hurricane. tropical storm. or similar extreme weather event. the City Manager, in the manager's sole discretion, may temporarily suspend provisions of this Article II to permit the use of gas-powered Landscaping Equipment for debris cleanup. Section 150~2.3. -Enforcement: penalties. (a) (b) (c) (d) (e) Beginning on February 1, 2022, and extending through October 31. 2022. the City shall engage in public education efforts to inform residents and businesses of the provisions of this Article II and to provide assistance with identifying alternatives to gas-powered leaf blowers. Beginning on November 1, 2022, the City shall provide for a nine-month warning period through and including July 31. 2023. during which the Code Enforcement Division may only issues Courtesy Civil Citations. Beginning on August 1, 2023 . (Enforcement Date) the Code Enforcement Division must fully enforce the provisions of this Article II. If a Code Enforcement officer finds a violation of this Article II, the Code Enforcement officer must first have issued a Courtesy Civil Citation before issuing a Civil Citation. The Courtesy Civil Citation and the Civil Citation must inform the violator, at a minimum. of the nature of the violation, the amount of fine for which the violator is liable, the due date for paying the fine and instructions on how to pay the fine, the right to request an administrative hearing before the City 's Special Magistrate (Special Magistrate) within ten days after service of the Civil Citation. and that the failure to request an administrative hearing within ten days of service of the Civil Citation will constitute an admission of the violation and a waiver of the right to a hearing. A violator who has been served with a Civil Citation must elect to either: (]) Pay the civil fine set forth in the City 's schedule of fines and, if none is provided for a violation of this Article II, then as follows: a. b. or First violation within a 12-month period ----------$250 .00: Second and all subsequent violations within a 12-month period----------------------------------$500.00; Page 4 of6 ::UofH Ord. No. 01-22-2422 (f) (g) (h) (2) Request an administrative hearing before the Special Magistrate to adjudicate the Civil Citation, which must be requested within ten days of the service of the Civil Citation. The procedures for the administrative hearing of the Civil Citation is as set forth in Section 2-25 of this Code. Failure to timely request an administrative hearing before the Special Magistrate, constitutes a waiver of the violator's right to an administrative hearing before the Special Magistrate. and is treated as an admission of the violation for which fines and penalties must be assessed accordingly. A certified copy of an order imposing a fine may be recorded in the public records. and thereafter the fine and accrued interest on the fine constitutes a lien upon all real and personal property owned by the violator. which may be enforced in the same manner as a court judgment, including levy against the violator's real or personal property. All unpaid fines, including partially unpaid fines, accrue interest at the Statutory Interest rate for each day that the fine. or portion thereof. remains unpaid. After three months following the recording of the order imposing the fine, the City may foreclose or otherwise execute upon the lien for the amount of the lien that is owed plus accrued Statutory Interest. The Special Magistrate is prohibited from hearing the merits of the Citation or considering the timeliness of a request for an administrative hearing if the violator has failed to request an administrative hearing within ten days of the service of the Citation. The Special Magistrate shall not have discretion to alter the penalties prescribed in this Article II. Any party aggrieved by a decision of the Special Magistrate may appeal that decision to a court of competent jurisdiction. Section 15D-2.4. -Financial hardship waiver. Any property owner or principal of a business that reported a household annual gross income of 80% of the area median income, or less, on its income tax filing for the most recent tax year, may submit a written request to the City Manager, on a fonn prepared by the City Manager, for a financial hardship waiver of the requirements of this Article II. The City Manager may grant a waiver if the property owner or principal of the business provides the following: (a) (b) income tax filing for the most recent tax year and written authorization to request such filing from the Internal Revenue Service; and Competent substantial evidence that: (1) there is no comparable alternative electric powered leaf blower that does not use gas; or (2) The purchase or use of electric powered leaf blower would create an undue financial hardship . A financial hardship waiver will onlv be valid for 12 months but may be renewed upon application to the City Manager. If an administrative hearing is requested pursuant to Page 5 of 6 J!lofM Insurance EXHIBIT 2 CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 Insurance & Indemnification Requirements A Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) must 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 FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor/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 . B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization is at the CITY's sole and absolute discretion. The FIRM must purchase insurance from and must maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable , whether such operations be by the FIRM or by a Sub-contractor/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: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle ; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm 's Insurance Generally. The FIRM must provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include Employers' Liability at the statutory coverage amount. The FIRM must further ensure that all of its Sub-contractor/sub-consultants maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as 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: $5,000 per person; Jlof'MI • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate . Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: • Premises and Operation • Independent Contractors • Products and/or Completed Operations Hazard • Explosion, Collapse and Underground Hazard Coverage • Broad Form Property Damage • Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. • Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Lia _bility. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability . Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: • Owned Vehicles. • Hired and Non-Owned Vehicles • Employers' Non-Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract must contain the same insurance provision as set forth in these insurance and indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the word Sub-contractor/sub-consultant for the word FIRM where applicable . Fire and Extended Coverage Insurance (Builders ' Risk), IF APPLICABLE: A In the event that this contract involves the construction of a structure, FIRM must maintain , with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments, and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies must also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. Th~ amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy must be in the name of the CITY and the CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub- contractor/sub-consultants performing Work. B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it would be clearly not applicable. :IJofH Miscellaneous: A If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM Is responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY . At the option of the CITY, either the FIRM must eliminate or reduce such deductible or the FIRM must procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies must contain waiver of subrogation against CITY where applicable, must expressly provide that such policy or policies are primary over any other collectible 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 must contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering FIRM's duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM must deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer must be rated A.VII or better per AM. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY . The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which must include the declaration page and all required endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance certificate, the following endorsements: (I) a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional insured. The insurer must pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage', or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; (2) a policy provision or an endorsement with substantially similar provisions as follows : "This policy must not be cancelled (including cancellation for non-payment of premium), terminated, or materially modified without first giving the City of South Miami ten ( I 0) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification must be delivered to the City by certified mail , with proof of delivery to the City." E-:-If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM must also provide 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 becomes 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 by him in connection with this Agreement. This insurance must 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. No insurance may be Jlof16 issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute, and unfettered discretion. Indemnification Requirement A FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of FIRM or anyone acting through or on behalf of FIRM. B. FIRM must indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its contractor/sub-contractor/sub-consultant or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of FIRM's obligations under this AGREEMENT. C. FIRM must pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of FIRM, its Sub- contractor/sub-consultant or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non- performance of FIRM's obligations under this AGREEMENT. D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns are to 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 FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving, or rejecting any submissions or acts of FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them . E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (I), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph must apply and this subparagraph must set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. END OF SECTION 'JIJ of'M EXHIBIT 3 CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 RESPONDENTS BID FORM THIS PROPOSAL IS SUBMITTED TO : Shari Kamali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, including as set forth in Exhibit I (Scope of Services, Attachments A, B & C) for the Proposed Price as sec forth below. within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2 . Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents. including without limitation those dealing with the disposition of Proposal/Bid Bond, if required . This Proposal will remain subject co acceptance for 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds. if required by this Solicitation, required insurance documents, and other documents required by the Solicitation, including the Cont,·act if not already submitted, within ten ( I 0) calendar days after the date of the City's Notice of Award. 3. In submitting chis Proposal. Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. I J n J 2 Dated: b. Respondent has familiarized himself with the nature and extent of the Cont1·act Documents, the proposed work. site, locality, and all local conditions and laws and regulations that in any manner may affect cost. progress. performance or furnishing of the Work. c. Subsurface conditions: If applicable to this Solicitation. the Respondent represents that: i. Respondent has carefully studied all reports and drawings, if applicable, of subsurface conditions and drawings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations. investigations, explorations, tests and studies in addition to or to supplement those referred to in this paragraph which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost. progress, performance, or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other te,·ms and conditions of the Contract Documents . The Respondent hereby acknowledges that no additional examinations, investigations, explorations, tests, repo,·cs or similar information or data are, or will, be required by Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre-bid marking of the construction site by any or all utility companies will create an irrefutable presumption that the Respondent's bid. or proposal price. has taken into consideration all possible undergrnund conditions and Respondent, if awarded the contract, will not be entitled to a change order for any such condition discovered ther·eafter. iii. Respondent has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 62 of 76 30 of 36 iv. Respondent has reviewed and checked all info,·macion and data shown or indicated in the Solicitation Package or in the Contract Documents with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions chat may affect the Work. No additional examinations, investigations. explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Conn-act Documents unless the Proposal specifically states chat the contract price is subject to adjustment for futu,·e discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above, d . Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given. the Respondent represents. by submitting its proposal co the City. chat the Respondent has received sufficient notice of the resolution thereof fron, the City, chat such resolution 1s acceptable co Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person. firm 01· corporation and is not submitted pursuant to any agreement or rules of any group, association, organization. or corporation; Respondent has not directly 01· indirectly induced or solicited any other Respondent to submtt a false 01 sham Proposal; Respondent has not solicited or induced any person, firm o r cor poration co refrain from responding: and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4 . Respondent understands and agrees that the Concran Price is the amount chat it needs to furnish and install all the Wor k complete and In place. The Schedule of Values, if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it will fo1·m the basis for calculating the p1·icing of change orders. The Contract Price may not be adjusted in any way to result in a deviation from the Schedule of Values. except to the extent that the CITY changes the ·Scope of the Work after the Contract Date. As such, the Respondent must furnish all labor, materials, equipment, tools. superintendence, and services necessary to provide a complete, in place, Proiect for the Proposal Price. If this Solicitation requires the completion of a Respondent Cose and Technical Proposal. as may be set forch in an exhibit to this Solicitacion, such proposal must be actached to this Bid Form and will take the place of the Lump Sum Price, other-wise. the Contract Price for the completed work is as follows: PLEASE REFER TO EXHIBIT 4, RESPONDENTS COST & TECHNICAL Failure to provide EXHIBIT 4, RESPONDENTS COST & TECHNICAL PROPOSAL will render the proposal non-responsive. S. The ENTIRE WORK for project in accordance with Exhibit I, Scope of Services, Attachments A, B & C shall be completed, in full, within N/A from the Commencement Date set forth in the NOTICE TO PROCEED. Failure co complete the entire work during the described time will result in che assessment of liquidated damages as may be set forth in the Contract. 6. Insert the following information for future communication with you concerning this Proposal: RESPONDENT; Add1·ess: Telephone: Facsimile: Contacc Person 7 . The ter·ms used in this Proposal which are defined in the Contract have che same meaning as is assigned to chem in the Contract Documents, unless specifically defined in this Solicitation Package. 8 . If a Respondent's Cost & Technical Proposal is requi,·ed by the Solicitation, Respondent hereby certifies under penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical Prnposal. if such an exhibit is made a part of the Solicitation. are true and correct and are hereby adopted as part of this Respondents Bid Form . and are made a pare of chis proposal. by reference . 63 of 76 31 of 36 9 . This proposal is submitted by Jeremy Cruz whose address is 4155 Easl Mowry Drive, Homestead, FL __________ • whose teleph one number is 954-593-2386 , whose fax number is ~O:.i-J", -0 'tJ!I , whose email address is 1,•rcm y .r11 1.:u hnghtn.,., ·.,n m and whose authorized representative signing this Bid Form is Charles Gonzalez whose title is SVP I 0. By submitting chis proposal, I, for myself and on behalf of the business that I represent, hereby agree to the terms of the form of contract contained in the Solicicac ion package and agree co be bou nd by chose te r ms . with any appropriate blank boxes, if any, checked an d any b la nk lines filled in wich the appropnace information contained in the Solicitation Documents and this Proposa l. o r such informa tion chat the C ity and I have agreed upon in the course of contract negoc ,a t ions an d chat has been co n firmed by the C ity in writing, including e-mail confirmation, if any. I hereby cen:ify u nder pena lt ies of pequ ry t hat I am t h e lawful r epresentati ve of che busi n ess e ntity referen ced in chis Bid Form, chat I have authority to b id for that entity, chat I have author-icy co sign contracts fo r t hat entity and bind it co those contract terms and chat all of the :::~:,:~" ·a:;ok•"~::: :::x~:::~". __ s_1_16_1_20_2_2 _______ _ Charle, Gonzalez SVP [Print signatory's name] END OF SECTION 64 of 76 32 of 36 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 REFER TO "EXHIBIT I, ATTACHMENT A "TECHNICAL SPECIFICATIONS" FOR DETAILS AND REQUIREMENTS FOR EACH ZONE. CYCLE CUTS REQUIRE 30 CUTS PER YEAR, ALL ZONES. FERTILIZER APPLICATION IS APPLIED: THREE 3 TIMES PER YEAR· ALL ZONES , WITH THE EXCEPTION ZONES 4 AND 5 IN THE PARKS DIVISION, PALMER AND MURRAY PARK WHERE FERTILIZER APPLICATION SHALL BE APPLIED SIX (6) TIMES PER YEAR. RESPONDENTS COST AND TECHNICAL PROPOSAL IS ATTACHED ON THE FOLLOWING PAGES. RESPONDENTS SHALL COMPLETE EXHIBITS, RESPONDENTS COST AND TECHNICAL PROPOSAL IN ITS ENTIRIEY. FAILURE TO DO SO WILL RESULT IN THE SUBMITTAL DEEMED NON- RESPONSIVE AND DISREGARDED FROM FURTHER CONSIDERATION. A . CITY WIDE LOCATIONS CYCLE CUTS/30PER ZONEI ZONE2 ZONE3 YER TOTAL YEAR I $93 ,990.10 ~ $ 16 ,770.00 $ 45 ,660 .00 $31 ,560 .10 $93 ,990.10 I YEAR 2 YEAR 3 YEAR4 YEARS FERTILIZER APPLICATION YEAR I YEAR 2 YEAR 3 YEAR 4 I YEARS $ 16,700 .00 $ 45,660.00 $31560.10 $ 46 .573.20 $32,191.30 $96 ,443 .33 $ 17 ,034.00 $ 17,374.68 $ 47.504.66 $ 32.835.13 $97,714.47 $ 17,722 .17 $ 48,454 .75 $ 33,491.83 $99 ,668 .75 B. FERTILIZER APPILCATION (3) TIMES PER YEAR ZONEI $240.00 $ 240.00 244 .80 $ , $ 249 .70 $ 254 .70 ZONE2 $2,160.00 $ 2,160.00 $ 2,203 .20 $ 2,247.26 $ 2,292.21 65 of 76 33 of 36 ZONE3 TOTAL $2,160.00 $ 4,560.00 $ 2,160 .00 $ 4,560.00 $ 2203 .20 $4,651.20 $4,744.22 $ 2247 .26 I $ 2,292 .21 I $ 4,839.12 I PARKS YEAR I All America $ 5,524.00 Brewer $ 4,604 .00 Dante Fascell $ 15,550.00 Dog Park $ 1,432.00 Fuchs $ I 0,025 ,00 Jean Willis $1,637 00 M.W. Mobley $ 1,739.00 Building Marshall $ 3,069 .00 Williamson Aquatic Center $ 1,637 .00 Murray $ 5,0 I 3.00 Paseo $1,023 .00 Palmer $ 2,353.00 South Miami $ 19,642 00 Van Smith $ 3,069 00 Veterans $ 2,660 00 Total $ 80,512.00 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES YEAR2 $ 5,524 00 $ 4,604 .00 $ 15,550.00 $ 1,432.00 $ I 0,025 00 $ 1,637.00 $ 1,739.00 $ 3,069 00 $ 1,637.00 $ 5,013.00 $ 1,023.00 $ 2,553.00 $ I 9,964 00 $ 3,069.00 $ 2,660 00 1,535 00 $ 80,512 00 RFP #PW2022 -09 C. PARKS YEARJ $ 5,634 48 $ 4,696 08 $ 15,861.00 $ 1,460 .64 $ 10,225 .50 $ 1,669.74 $ 1,773 78 $ 3,130.38 $ 1,669.74 $ 5,113.26 $ 1,043 46 $ 2,604 06 $ 20,363.28 $ 3, 130.38 $ 2,713.20 $ 1,565 .70 $ 82,122.24 66 of 76 34 of 36 YEAR4 $ 5,74717 $ 4,790 .00 $ 16,178.22 $ 1,489.85 $ 10,43001 $ 1,703 .14 $ 1,809.26 $ 3,192 98 $ 1,703 13 $ 5,215.53 $ 1,064.33 $ 2,656 14 $ 20,770 55 $ 3,192.99 $ 2,76746 $ 1,597 01 $ 83,764 68 YEARS $ 5,862 11 $ 4,885 .80 $ 16,501 78 $ 1,519 74 $ I 0,638.61 $ 1,737 20 $ 1,845.44 $ 3,256 85 $ 1.737.20 $ 5,3 I 9 84 $ 1,085 62 $ 2,709 26 $ 21,185 96 $ 3,256 84 $ 2,822.81 $ 1,628.95 $ 85,439 98 SYEAR TOTAL $ 412,350.90 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 FIVE (5) YEAR CONTRACT TOTAL. ALL ZONES BOTH CITY WIDE AND PARKS DIVISION; CYCLE CUTS AND FERTILIZER APPLICATION (A= CITYWIDE LOCATIONS; B = CITYWIDE FERTILIZER APPLICATION; C = PARKS DIVISION A+ B + C = TOTAL Year I $ 174,502.10 Year 2 $ 174,502.10 Year3 $ 178,565 .57 Year4 (Option) $ 181,479.15 Year 5 (Option) $ 185,108.73 TOTAL $ 894,157.65 SUBMITTED THIS __ 1_., _ DAY OF _~_IJ...:...\ ________ 20 ~. PROPOSAL SUBMITTED BY: Company Ticle Y5-l-:i9J-~3S6 Telephone Number 3US -25 8 -0 HI I~ Fax Number Email Address END OF SECTION 67 of 76 35 of 36 ADDENDUM No. I ADDITIONAL COST AND TECHNICAL PROPOSAL April 28,2022 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 The City passed Ordinance No. 01-22-2422 which prohibits the use of gas-powered leaf blowers beginning August I, 2023. In the event the Ordinance is rescinded, Respondents are to provide the INCREMETAL AMOUNT OVER your Total Bid amount, ALL ZONES, for the use of gas-powered blowers: POSSIBLE RIENSTATEMENT OF GAS BLOWERS YEAR2 YEAR 3 YEAR4 YEARS SUBM ITTED THIS 16 DAY OF PROPOSAL SUBMITTED BY : Bri g htView Landscape Services , Inc, Company SVP Title August I, 2023 $ 174,502.10 August I, 2024 $ 178,565.57 August I, 2025 $ 181,479 .15 August I, 2026 $ 185,108.73 May 20_ll,_. 954-593-2386 Telephone Number 305-258-0809 2 of 2 36 of 36 Fax Number Email Address I CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor & Members of the City Commission FROM:Shari Kamali, City Manager VIA:Quentin Pough, Director of Parks & Recreation DATE:June 21, 2022 SUBJECT:A Resolution authorizing the City Manager to enter into a multi-year agreement and to procure services with BrightView Landscaping Services, Inc. for Citywide Landscaping Services. BACKGROUND:The City’s current agreement for Citywide Landscaping Services expires July 12, 2022; therefore, a solicitation was issued for a replacement agreement to take effect July 13, 2022. The scope of work includes professional landscape services at designated public right-of-way areas and sixteen (16) parks throughout the City. The solicitation closed on May 17, 2022 with eight (8) respondents submitting proposals. On June 3, 2022, a Selection Committee comprised of Chairperson, Quentin Pough/Director of Parks and Recreation; Samantha Fraga- Lopez/Assistant City Manager; and, John Reese/Public Works Superintendent met virtually to review, score, and rank the proposals. Based on the Evaluation Selection criteria published within the solicitation, the Committee scored and ranked as follows: Respondent Ranking Order BIDDER Q. POUGH J. REESE S. FRAGA-LOPEZ AVG RANK BRIGHTVIEW 1 1 1 1.00 SFM 2 2 4 2.67 COCO TREE SVCS 3 4 3 3.33 SUPERIOR 2 3 5 3.33 ROCK & ROSE 4 5 2 3.67 BELLA FIORE 5 6 6 5.67 AERO GROUNDTEX 6 8 7 7.00 REEF LANDSCPING 7 7 8 7.33 2 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM Respondent Scores BIDDER Q. POUGH J. REESE S. FRAGA-LOPEZ TOTAL BRIGHTVIEW 98 78 89 265 SFM 95 76 77 248 SUPERIOR 95 71 72 238 COCO TREE SVCS 79 68 81 228 ROCK & ROSE 70 55 87 212 BELLA FIORE 65 44 67 176 AERO GROUNDTEX 61 39 64 164 REEF LANDSCPING 51 43 19 113 Each Evaluation Selection Committee member ranked each Respondent based on the Technical and Price Criteria total score for each Respondent—#1 (Highest Total Score), #2 (Next Highest Score), and so on. The rankings for each Respondent by each Selection Committee Member (Rater) are added and totaled. The total is divided by the number of Raters. In the results above, BrightView Landscaping Services has thebest average rank score of 1.00 and is recommended for the award. Furthermore, BrightView Landscaping Services had the highest total raw score of 265. CONTRACT TERM:The agreement is for three (3) years with one (1) two (2) year option-to-renew for a total of five (5) consecutive years. The renewal is at the discretion of the City Manager. ELECTRIC LEAF BLOWERS:The agreement includes the use of electric leaf blowers in accordance with Ordinance No. 01-22-2422, effective August 2023. Should the Ordinance be rescinded, and gas-powered leaf blowers are permitted, there is no difference in BrightView Landscaping Services bid proposal. AMOUNT:$894,157.65 over the five-year contract period. ATTACHMENTS:Resolution RFP #2022-09 Citywide Landscaping Services Bid Tabulation Sheet Bid Summary, E-Blowers vs Gas-Powered Proposal, BrightView Landscaping Services Selection Committee Scores and Rank Demand Star Results 3 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM DBR Ad Sun Biz Registration 4 Page 1 of 2 RESOLUTION NO. _________________1 2 A Resolution authorizing the City Manager to negotiate and enter into a multi-year 3 agreement to procure services with BrightView Landscaping Services, Inc. for Citywide 4 Landscaping Services.5 6 WHEREAS, the City’s current agreement for Citywide Landscaping Services expires July 7 12, 2022; therefore, a solicitation was issued for a replacement agreementto take effect July 13, 8 2022; and9 10 WHEREAS, the scope of work includes professional landscape services at designated 11 public right-of-way areas and sixteen (16) parks throughout the City; and12 13 WHEREAS, the solicitation closed on May 17, 2022 with eight (8) respondents submitting 14 proposals. On June 3, 2022, a Selection Committee comprised of Chairperson, Quentin 15 Pough/Director of Parks and Recreation; Samantha Fraga-Lopez/Assistant City Manager; and, 16 John Reese/Public Works Superintendent met virtually to review, score, and rank the proposals; 17 and18 19 WHEREAS, each Evaluation Selection Committee member scored and ranked each 20 Respondent’s proposalbased on the Technical and Price Criteriapublished within the solicitation; 21 and22 23 WHEREAS, final results conclude that BrightView Landscaping Services has the best 24 average rank score of 1.00 and is recommended for the award. Furthermore, BrightView 25 Landscaping Services had the highest total raw score of 265; and 26 27 WHEREAS, the contract is for three (3) years with one (1) two (2) year option-to-renew 28 for a total of five (5) consecutive years; the renewal is at the discretion of the City Manager; and 29 30 WHEREAS,the agreement includes the use of electric leaf blowers in accordance with 31 Ordinance No. 01-22-2422, effective August 2023. Should the Ordinance be rescinded, and gas-32 powered leaf blowers are permitted, there is no difference in BrightView Landscaping Services 33 bid proposal; and 34 35 WHEREAS,the proposal amount shall not exceed $894,157.65 over the five-year contract 36 term.37 38 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE 39 CITY OF SOUTH MIAMI, FLORIDA:40 41 Section 1.The foregoing recitals are hereby ratified and confirmed as being true and 42 correct and are hereby made a specific part of this resolution upon adoption hereof.43 44 5 Page 2 of 2 Section 2. The City Manager is hereby authorized to negotiate and to enter into a three 1 (3) year agreement with one (1) two (2) year option-to-renew, with BrightView Landscaping 2 Services, Inc. for Citywide Landscaping Services for an amount not to exceed $894,157.65 over3 the five-year contract term. The expenditures per the agreement will be charged accordingly to 4 the Parks Division - Contractual Services, account number 001-1750-519-3450 and the Public 5 Works Streets and Landscaping Division – Contractual Services, account number 001-1730-519-6 3450. 7 8 Section 3. Corrections. Conforming language or technical scrivener-type corrections 9 may be made by the City Attorney for any conforming amendments to be incorporated into the 10 final resolution for signature.11 12 Section 4. Severability.If any section clause, sentence, or phrase of this resolution is for 13 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding will14 not affect the validity of the remaining portions of this resolution.15 16 Section 5. Effective Date.This resolution will become effective immediately upon 17 adoption.18 19 PASSED AND ADOPTED this ____ day of _____________, 2022.20 21 ATTEST:APPROVED:22 23 ___________________________________________24 CITY CLERK MAYOR25 26 READ AND APPROVED AS TO FORM, COMMISSION VOTE:27 LANGUAGE, LEGALITY, AND Mayor Philips:28 EXECUTION THEREOF Commissioner Harris:29 Commissioner Gil:30 Commissioner Liebman:31 _______________________Commissioner Corey:32 CITY ATTORNEY33 6 CITY OF SOUTH MIAMI CITYWIDE LANDSCAPING SERVICES RFP #PW2022 - 09 SUBMITTAL DUE DATE: May 17, 2022 at 10 AM Solicitation Cover Letter The City of South Miami, Florida (hereinafter referred to as “Owner”) through its chief executive officer (City Manager) hereby solicits sealed proposals responsive to the City’s request (hereinafter referred to as “Request for Proposal”, “RFP” or “E-Bidding”) All references in this Solicitation (also referred to as an “Invitation for Proposals” or “Invitation to E-bid) to “City” will be a reference to the City Manager, or the manager’s designee, for the City of South Miami unless otherwise specifically defined or unless the context in which the word is used requires it t o mean the City of South Miami. The City is hereby requesting sealed proposals in response to this RFP #PW2022-09, CITYWIDE LANDSCAPING SERVICES. The purpose of this Solicitation is to contract for the services necessary for the completion of the project in accordance with the Scope of Services, (EXHIBIT 1, Attachments A, B & C) and the plans and/or specifications, if any, described in this Solicitation (hereinafter referred to as “the Project” or “Project”). Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package by accessing the following webpage: http://www.southmiamifl.gov/ which is the City of South Miami’s web address for solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete Solicitation Package, including all documents listed in the Solicitation. The City will only receive submittals elec tronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ See directions for registering and signing into your DemandStar user account on the next page following this Solicitation Cover Letter. Proposals must be received electronically through DemandStar, no later than 10:00 A.M. local time (the “Closing Date”) on May 17, 2022 and any Proposal received by the City through DemandStar after 10:00 a.m. local time on said date will not be accepted under any circumstances. Hand delivery will not be accepted. E-BID OPENING VIA VIDEO CONFERENCING: The opening of E-Bids for this solicitation will occur at 10:30 A.M. local time on (the Closing Date, May 17, 2022. The City Clerk will conduct the E-Bid Opening through video conferencing using the Zoom platform. Members of the public may view the meeting via Zoom at https://zoom.us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339. NON- MANDATORY PRE-BID MEETING VIA ZOOM VIDEO CONFERENCING The Procurement Division will conduct a Non-Mandatory Pre-Bid Meeting through video conferencing using the Zoom platform at 10:00 AM on May 2, 2022. Members of the public may attend and view the meeting via Zoom at https://zoom.us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing +1 -786-635- 1003 Meeting ID: 3056636339. The City reserves the right to award the Project to the person with the lowest, most responsive and responsible Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all proposals, and the right of the City to waive any irregularity in the Proposals or Solicitation procedure and subject also to the right of the City to award the Project, and execute a contract with a Respondent or Respondents, other than to the one who provided the lowest Proposal Price and, if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. Nkenga A. Payne, CMC City Clerk, City of South Miami 1 of 76 7 DemandStar Registration and User Account Sign-in Directions The following is an example of the procedure on April 3, 2020 and it is subject to change after that date. Go to https://network.demandstar.com/ which on April 3, 2020 brings up the following message. If you do not have an account with DemandStar, click on “Create Your Account” otherwise, if you have an account, click on the “x” in the upper right-hand corner of this message and it will bring you to the following user sign in page. 2 of 76 8 SCOPE OF SERVICES and SCHEDULE OF VALUES CITYWIDE LANDSCAPING SERVICES RFP #PW2022 - 09 The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT 1, ATTACHMENTS A, B & C. 3 of 76 9 SCHEDULE OF EVENTS CITYWIDE LANDSCAPING SERVICES RFP #PW2022 - 09 TENTATIVE SCHEDULE No Event Date* Time* (EST) 1 Advertisement/ Distribution of Solicitation & Cone of Silence begins 4/12/2022 11:00 am 2 Non-Mandatory Pre-Bid RFP Meeting through video conferencing using the Zoom platform Members of the public may attend and view the meeting via Zoom at https://zoom.us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339. 5/2/2022 10:00 AM 3 Deadline to Submit Questions 5/6/2022 10:00 AM 4 Deadline to City Responses to Questions 5/10/2022 10:00 AM 5 DEADLINE TO SUBMIT RFP RESPONSE: The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ 5/17/2022 10:00 AM 6 E-BID OPENING VIA VIDEO CONFERENCING VIA THE ZOOM PLATFORM at https://zoom.us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339. 5/17/2022 10:30 AM 7 Projected Announcement of selected Contractor/Cone of Silence ends 6/7/2022 7:00 PM END OF SECTION 4 of 76 10 INSTRUCTIONS for RESPONDENT CITYWIDE LANDSCAPING SERVICES RFP #PW2022 - 09 IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE “PROPOSAL” THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE SOLICITATION FORM. THE RESPONDENT MAY BE REFERRED TO AS “CONTRACTOR” OR AS “CONSULTANT”. 1. Purpose of Solicitation. The City of South Miami is requesting a response with the lowest and most responsive and responsible Proposal, as determined by the City. The City reserves the right to award the contract to the Respondent whose proposal is found to be in the best interests of the City. 2. Qualification of Proposing Firm. Response submittals to this Solicitation 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 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 all response submittals to this Solicitation where evidence submitted, or investigation and evaluation, indicates inability of a firm to perform. 3. Deviations from Specifications. The awarded firm must clearly indicate, as applicable, all areas in which the services proposed do not fully comply with the requirements of this Solicitation. The decision as to whether an item fully complies with the stated requirements rests solely with the City of South Miami. 4. Designated Contact. The awarded firm must appoint a person to act as a primary contact with the City of South Miami. This person or back-up must be readily available during normal work hours by phone, email, or in person, and must be knowledgeable of the terms of the contract. 5. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees that City’s General Provisions, Terms and Conditions herein will take precedence over any terms and conditions submitted with the response, either appearing separately as an attachment or included within the Proposal. The Contract Documents have been listed below in order of precedence, with the one having the most precedence being at the top of the list and the remaining documents in descending order of precedence. This order of precedence will apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the Contract: a) Addenda to Solicitation b) Attachments/Exhibits to the Solicitation c) Solicitation d) Attachment/Exhibits to Supplementary Conditions e) Supplementary Conditions to Contract, if any f) Attachment/Exhibits to Contract g) Contract h) General Conditions to Contract, if any i) Respondent’s Proposal 6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not permitted, but the City may allow the proposing firm to withdraw an erroneous Proposal prior to the confirmation of the proposal award by City Commission, if all of the following is established: a) The proposing firm acted in good faith in submitting the response; b) The error was not the result of gross negligence or willful inattention on the part of the firm; c) The error was discovered and communicated to the City with in twenty-four (24) hours (not including Saturday, Sunday, or a legal holiday) of opening the proposals received, along with a request for permission to withdraw the firm’s Proposal; and d) The firm submits an explanation in writing, signed under penalties of perjury, stating how the error was made and delivers adequate documentation to the City to support the explanation and to show that the error was not the result of gross negligence or willful inattention nor made in b ad faith. 7. The terms, provisions, conditions, and definitions contained in the Solicitation Cover Letter will apply to these instructions to Respondents and they are hereby adopted and made a part hereof by reference. If there is a conflict between the Cover Letter and these instructions, or any other provision of this Solicitation, the Cover Letter will govern and take precedence over the conflicting provision(s) in the Solicitation. 5 of 76 11 8. Any questions concerning the Solicitation or any required need for cl arification must be made in writing, by 10:00 AM May 6, 2022 to the attention of Steven P. Kulick, Chief Procurement Officer at skulick@southmiamifl.gov or via facsimile at (305) 669-2636. 9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of information can be given. Interpretations or clarifications, considered necessary by the City in response to such questions, will be issued by a written addendum to the Solicitation Package (also known as “Solicitation Specifications” or “Solicitation”) by U.S. mail, e-mail, or other delivery method convenient to the City and the City will notify all prospective firms via the City’s website. It is the responsibility of the Respondent to keep apprised of the publishing of addenda on the City’s website. 10. Verbal interpretations or clarifications will not have any legal effect. No plea by a Respondent of ignorance or the need for additional information will exempt a Respondent from submitting the Proposal on the required date and time as set forth in the public notice. 11. Cone of Silence: You are hereby advised that this Request for Proposals is subject to the “Cone of Silence,” in accordance with Section 8A-7, of the City’s Code of Ordinance. From the time of advertising until the City Manager issues his recommendation, there is a prohibition on verbal communication with the City’s professional staff, including the City Manager and his staff and members of the City Commission. The Cone of Silence ordinance, Section 8A-7, has been duplicated at the end of these instructions. 12. Violation of these provisions by any particular Respondent or proposer will render any recommendation for the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event, said Respondent or proposer will not be considered for any Solicitation including but not limited to one that requests any of the following a proposal, qualifications, a letter of interest or a bid concerning any contract for the provision of goods or services for a period of one year. Contact will only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 13. Lobbying. "Lobbyist" means all persons (including officers and managers of a legal entity), firms, or legal entities such as a corporation, partnership or limited liability company, employed or retained by a principal (including an officer of the principal or an employee of the principal whose duties include marketing , or soliciting business, for the principal) who seeks to encourage the passage, defeat, or modifications of (1) ordinance, resolution, action or decision of the City Commission; (2) any action, decision, recommendation of the City Manager or any City board or committee; or (3) any action, decision or recommendation of City personnel during the time period of the entire decision-making process on such action, decision or recommendation which foreseeably will be heard or reviewed by the City Commission, or a City board or committee. All firms and their agents who intend to submit, or who submitted, E-bids or responses for this Solicitation, are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of South Miami are to be lobbied either individually or collectively concerning this Solicitation. Contact may only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information or as otherwise provided for in the City’s Cone of Silence. Any presentation before a selection committee is considered to be lobbying; however, the presentation team may avoid formal registration by complying with section 8A-5 (c) (9), of the City’s Code of Ordinances. A presentation team affidavit is provided with this solicitation that may be used to comply with presentations, if applicable. Anyone who submits a proposal, whether solicited or unsolicited, on behalf of his or her principal or his or her employer is considered to be a lobbyist and must register. An officer or manager of a legal entity who is submitting a proposal, whether solicited or unsolicited, is considered to be a lobbyist. See section 8A-5 of the City’s Code of Ordinances for further information and contact the City Clerk to register as a lobbyist. 14. Reservation of Right. The City anticipates awarding one contract for services as a result of this Solicitation and the successful firm will be requested to enter into negotiations to produce a contract for the Project. The City, however, reserves the right, in its sole discretion, to do any of the following: a) to reject any and all submitted Responses and to further define or limit the scope of the award. b) to waive minor irregularities in the responses or in the procedure required by the Solicitation documents. c) to request additional information from firms as deemed necessary. d) to make an award without discussion or after limited negotiations. It is, therefore, important that all the parts of the Request for Proposal be completed in all respects. e) to negotiate modifications to the Proposal that it deems acceptable. f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient and to proceed to negotiate with the Respondent who made the next best Proposal. The City reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to the City. 6 of 76 12 g) To modify the Contract Documents. The terms of the Contract Documents are general and not necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these documents to fit the specific project or work in question and the Respondent, by making a Proposal, agrees to such modifications and to be bound by such modified documents. h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City. i) to award the Project to the person with the most responsive, responsible Proposal, as determined by the City. j) to award the Project, and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal Price. k) if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. 15. Contingent Fees Prohibited. The proposing firm, by submitting a proposal, warrants that it has not employed or retained a company or person, other than a bona fide employee, contractor or sub-contractor/sub- consultant, 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 - contractor/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. 16. Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not sub mit an E-bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit an E-bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit E-bids, proposals, or replies on leases of real property to a public entity; may not be awarded or 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 provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 17. Respondents must use the Proposal Form(s) furnished by the City. All erasures and corrections must have the initials of the Respondent’s authorized representative in blue ink at the location of each and every erasure and correction. Proposals must be signed using blue ink; all quotations must be typewritten or printed with blue ink. All spaces must be filled in with the requested information or the phrase “not applicable” or “NA”. The proposal must be delivered on or before the date and time, and at the place an d in such manner as set forth in the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected. Failure to include any of the Proposal Forms may invalidate the Proposal. Respondent must deliver to the City, as part of its Proposal, the following documents: a) The Invitation for Proposal and Instructions to Respondents. b) A copy of all issued addenda. c) The completed Proposal Form fully executed. d) Proposal/E-bid Bond, (Bond or cashier’s check), if required, attached to the Proposal Form. e) Certificates of Competency as well as all applicable State, County and City Licenses held by Respondent f) Certificate of Insurance and/or Letter of Insurability. 18. Goods: If goods are to be provided pursuant to this Solicitation the following applies: a) Brand Names: If a brand name, make, manufacturer’s trade name, or vendor catalog number is mentioned in this Solicitation, whether or not followed by the words “appro ved equal”, it is for the purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal to the goods described in this Solicitation with appropriate identification, samples and/or specifications for such item(s). The City will be the sole judge concerning the merits of items proposed as equals. b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form. In case of a discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City. c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between the unit price(s) and the extended price(s), the unit price(s) will prevail and the extended price(s) will be adjusted to coincide. Respondents are responsible for checking their calculations. Failure to do so will be at the Respondent’s risk, and errors will not release the Respondent from his/her or its responsibility as noted herein. d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to the City. Each individual sample must be labeled with the Respondent’s name and manufacturer’s brand name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule indicates a different time. If samples are requested after the Proposal opening, they must be delivered within ten (10) calendar days of the request. The City will not be responsible for the return of samples. 7 of 76 13 e) Respondent warrants by signature on the Proposal Form that prices quoted therein are in conformity with the latest Federal Price Guidelines. f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Proposal prior to their delivery, it will be the responsibility of the successful Respondent to notify the City at once, indicating in its letter the specific regulation which required an alteration. The City of South Miami reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no further expense to the City with thirty (30) days advanced notice. g) Respondent warrants that the prices, terms, and conditions quoted in the Proposal will be firm for a period of one hundred eighty (180) calendar days from the date of the Proposal opening unless otherwise stated in the Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous responses to the Solicitation will be cause for rejection, as determined by the City. h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.S.D.S) when applicable. 19. Liability, Licenses & Permits: The successful Respondent must assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and inspections required by this Solicitation and as required by law. The Respondent will be liable for any damages or loss to the City occasioned by the negligence of the Respondent (or its agent or employees) or any person acting for or through the Respondent. Respondents must furnish a certified copy of all licenses, Certificates of Competency, or other licensing requirement necessary to practice their profession and applicable to the work to be performed as required by Florida Statutes, the Florida Building Code, Miami-Dade County Code or City of South Miami Code. These documents must be furnished to the City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these documents will be grounds for rejecting the Proposal and forfeiture of the Proposal /E-bid Bond, if required for this Project. 20. Respondent must comply with the City’s Insurance Requirements as set forth in the attached EXHIBIT 2, prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award of the contract is made before compliance with this provision, the failure to fully and satisfactorily comply with the City’s bonding, if required for this project, and insurance requirements as set forth herein will authorize the City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission. 21. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing, producing, or selling of goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been, nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City from any and all liability, loss or expense occasioned by any such violation or infringement. 22. Execution of Contract: A response to this Solicitation will not be responsive unless the Respondent signs the form of contract that is a part of the Solicitation package. The Respondent to this Solicitation acknowledges that by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the terms of the general conditions to the contract, both of which are part of this Solicitation package. The Respondent agrees that Respondent’s signature on the E-bid Form and/or the form of contract that is a part of the Solicitation package and/or response to this Solicitation, grants to the City the authority, on the Respondent’s behalf, to inserted, into any blank spaces in the contract documents, information obtained from the proposal and, at the City’s sole and absolute discretion, the City may treat the Respondent’s signature on any of those documents as the Respondent’s signature on the contract, after the appropriate information has been inserted, as well as for any and all purposes, including the enforcement of all of the terms and conditions of the contract. 23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all Respondents to determine its capability to meet the requirements of the Contract. In addition, the price, responsibility and responsiveness of the Respondent, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended, when requested will be cause for rejection of the Proposal as determined by the City. 25. Hold Harmless: A Respondent who submits a proposal in respon ds to this solicitation does so with the understanding and agreement to indemnify and hold harmless, the fullest extent permitted by law, the City of 8 of 76 14 South Miami and 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 , willfulness, wantonness or intentional acts or omissions of the contractor and persons employed or utilized by the contactor in the performance of its contractual obligations to the City. This indemnification will survive the termination of the Respondent’s contractual obligations to the City. Nothing contained in this solicitation is intended, nor will it constitute a right, to sue the City in reference to its decisions to reject, award, or not award a contract, as applicable, unless the claim is based solely on allegations of fraud and/or collusion. The submission of a proposal will act as an agreement by the Respondent that the Proposal/Bid Bond, if required for this project, will not be released until and unless the Respondent waives any and all claims that the Respondent may have against the City that arise out of this Solicitation process or until a judgment is entered in the Respondent’s favor in any suit filed which concerns this solicitation process. If a judgment is entered in favor of the City in any litigation for damages, interest, costs, or expenses associated with the litigation, the Proposal/Bid Bond, if required for this project, will be applied to the payment of those amounts awarded by the court and any balance due the City will be paid by the Respondent. 26. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements, and terms as determined by the City, will be just cause for cancellation of the Award or termination of the contract. 27. Bonding Requirements: The Respondent, when submitting the Proposal, must include a Proposal/Bid Bond, if required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid Bond Form included herein. A company or personal check will not be deemed a valid Proposal Security. 28. Performance and Payment Bond: The City of South Miami may require the successful Respondent to furnish a Performance Bond and Payment Bond, each in the amount of 100% of the total Proposal Price, including Alternates if any, naming the City of South Miami, and the entity that may be pr oviding a source of funding for the Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all persons or entities performing labor, services and/or furnishing materials in connection herewith. In addition, if the Respondent’s employees will be working in secure or sensitive areas of the City, the City may require that the Respondent provides employee bonding, naming the City of South Miami as the obligee on the bond. The bonds must be with a surety company authorized to do business in the State of Florida. 28.1. Each Performance Bond must be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to City the completion and performance of the Work covered in the Contract Documents. 28.2. Each Performance Bond must continue in effect for five years after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. 28.3. Each Payment bond must guarantee the full payment of all suppliers, material man, laborers, or sub-contractor/sub-consultant employed pursuant to this Project. 28.4. Each Bond must be with a Surety company whose qualifications meet the requirements of insurance companies as set forth in the insurance requirements of this solicitation. 28.5. Pursuant to the requirements of Section 255.05, Florida Statutes, Respondent must ensure that the Bond(s) referenced above must be recorded in the public records of Miami-Dade County and provide CITY with evidence of such recording. 28.6. The surety company must hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 29. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the terms contained in the form of contract that is part of this Solicitation package, the successful Respondent, within ten (10) calendar days of Notice of Award by the City, must deliver, to the City, the executed Contract and other Contract Documents that provide for the Respondent’s signature, and deliver to the City the r equired insurance documentation as well as a Performance and Payment Bond if these bonds are required. The Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the required Bonds and Insurance Documents within the specified time will, at the City’s option, forfeit the Proposal/Bid Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/Security will be retained as liquidated damages by the City. It is agreed that if the City accepts payment from the Proposal/Bid Bond, that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the Contract Documents or fails to furnish the required Bonds and Insurance documentation. If the City does not accept the Proposal/Bid Bond, the City may proceed to sue for breach of contract if the Respondent fails to perform in accordance with the Contract Documents. Proposal/Bid Bond/Security deposited in the form of a cashier’s check drawn on a local bank in good standing must comply with the same requirements as a Proposal/Bid Bond. 30. Pre-proposal Conference Site Visits: If a Mandatory Pre-proposal conference is scheduled for this project, all Respondents must attend the conference and tour all areas referenced in the Solicitation Documents. It will be grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre-proposal conference. 9 of 76 15 No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a Solicitation result of failure to make the necessary examinations or investigations, or failure to complete any part of the Solicitation Package, will be accepted as basis for varying the requirements of the Contract with the C ity of South Miami or the compensation of the Respondent. The Respondent, following receipt of a survey of the property, if applicable, is bound by knowledge that can be seen or surmised from the survey and will not be entitled to any change order due to any such condition. If the survey is provided before the proposal is submitted, the contract price, or negotiation in a request for qualifications, must include the Work necessitated by those conditions. If the survey is provided subsequent to the submission of the proposal or negotiation in a request for qualifications, the Respondent will have five calendar days to notify the City of any additional costs required by such conditions and the City will have the right to reject the proposal, or in the case of an RFQ, the negotiated price, and award the contract to, or begin negotiations with, the second most responsive, responsible E- bidder with the lowest price, or in the case of an RFQ, with the next best qualifications, or to reject all E-bids. 31. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the Contract Documents, including the Proposal Form. No change orders will be allowed for delays caused by the City, other than for extensions of time to complete the Work. 32. Submittal Requirements: All Proposals must comply with the requirements set forth herein and must include a fully completed Respondent’s E-Bid Form, if any, and a Respondent’s Cost and Technical Proposal if it is included with this Solicitation Package. 33. Cancellation of E-Bid Solicitation: The City reserves the right to cancel, in whole or part, any request for proposal when it is in the best interest of the City. 34. Respondent may not discriminate in its hiring of employees or sub-contractor/sub-consultants or in its purchase of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion, national origin, sex, age, sexual orientation, disability, or familial status. 35. All respondents, at the time of E-bid opening, must have fulfilled all prior obligations and commitments to the City in order to have their E-bid considered, including all financial obligations. Prior to the acceptance of any E- bid proposal, qualifications or quotation, the City's Finance Department will certify that there are no outstanding fines, monies, fees, taxes, liens, or other charges owed to the City by the Respondent, any of the Respondent’s principal, partners, members or stockholders (collectively referred to as “Respondent Debtors”). An E-bid, proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the city are paid in full. No E-bidder who is in default of any prior contract with the City may h ave their E-bid considered until the default is cured to the satisfaction of the City Manager. 36. E-bid Protest Procedure. See attached EXHIBIT 7. 37. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is attached as EXHBIT 5. 38. Availability of Contract - Any Governmental or quasi-governmental entity, in this or in any other state, or any federal governmental agency, may avail itself of this solicitation and the contract that is awarded pursuant to this solicitation and purchase any and all goods/services specified herein from the successful E-bidder(s)/proposer(s) at the contract price(s) established herein, when any federal, state, and/or local laws, rules, and regulations allows the piggybacking off said contract and provided that the successful E-bidder(s)/proposer(s) is/are in agreement. Each Governmental or quasi-governmental entity which uses this formal solicitation and resulting E-bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from, and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successful E-bidder(s)/proposer(s). 39. Non-Appropriation of Funds. In the event that no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under any contract awa rded pursuant to this solicitation, then the City, upon written notice to Successful E-bidder or their assignee of such occurrence, will have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or representation is made that any particular project(s) will be awarded to any Respondent(s). 40. Most Favored Public Entity. Respondent represents that the prices charged to City in the proposal do not exceed existing prices to other customers for the same or substantially similar items or services for comparable quantities under similar terms, conditions, wages, benefits, in surance coverage and any other material cost factors. If respondent’s prices decline, or should respondent, at any time during the term of a contract entered into with City, provide the same goods or services with the same comparable quantities under simi lar terms, conditions, wages, benefits, insurance coverage and any other material cost factors, Respondent must immediately extend the same prices to City. 10 of 76 16 41. Confidential and Proprietary Information. Respondents may assert that some trade secrets, financial records, and proprietary or other confidential information in their unsolicited proposal are confidential information that they claim to be exempt from disclosure under applicable Florida public records laws. Such information may be included in the unsolicited proposal, but submitted in a separate, sealed binder, designated on the cover as CONFIDENTIAL MATERIALS. A Respondent submitting materials claimed to be confidential must include a cover letter listing all material designated as confidential and clearly mark each page of any material believed to be a trade secret or other confidential information/document in all capital letters and bold font as CONFIDENTIAL MATERIALS. If a document is not totally confidential but contains non -confidential and confidential information, the Respondent must provide a redacted copy of the document and an unredacted copy. In addition, the Respondent must prepare a list of all the documents claimed to be confidential or containing confidential information and on the next line under the description of each document the Respondent must cite the statutory provision that provides the basis for the Respondent’s claim that the document or a portion of the document is confidential and below the citation the Respondent must copy and paste the applicable statutory provision (this listing requirement will hereinafter be referred to as “properly list” or “properly listed” confidential document). The failure to properly list a confidential document or the failure to redact a confidential document that is only partially confidential will result in the waiver of any claim that the document is confidential or that the unredacted document contains confidential information. If any person or entity requests that the City produce or disclose any of said purported confidential information or documents, the City will advise the Respondent and afford the Respondent an opportunity to protect its assertion that said confidential information is exempt from production. If Respondent fails to time ly authorize the production of the information or document and/or fails to timely seek a protective order, and/or is unsuccessful in obtaining a protective order, the City will produce the requested information or document. The City will not actively contest any request to disclose such alleged confidential information or document and the City cannot guarantee that the alleged confidential document or information may not be disclosed should it ultimately be determined not to be confidential under applicable Florida public records laws. The Respondent must indemnify the City for any damages and costs the City may incur due to the Respondent’s claim that its document or information is confidential. The City can only agree to advise the Respondent of such re quest and give the Respondent an opportunity, at Respondent’s sole and exclusive cost, to defend the request for disclosure of the confidential information or document in a Court of competent jurisdiction or other applicable forum. 42. Definitions. The following definitions will govern the interpretation of this RFP: “Certify”, including all of its tenses, such as “certifies”, “certifying” and “certified”, means the act of swearing or affirming under penalties of perjury that the facts that are being “certified” are true and correct and it must be accomplished either by swearing (or affirming) to the truth of the statement before a notary public, or by a declaration, under penalties of perjury, as to the truth of the statement pursuant to Florida Statutes, Section 92.525. 43. Tie E-bids (not applicable to an RFQ). In the event of tie E-bids, Respondents will be directed to submit sealed Best and Final Offers and deliver to the Office of the City Clerk located at S outh Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. The “Best and Final Offers” must be enclosed in a sealed envelope or container and must have the following Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is delivered: “Best and Final Offers”. On the second line of the envelope insert the Project Name and Solicitation Number. On the third line of the envelope insert the name of the person or entity who is going to be legally bound to perform the contractual obligations if awarded the contract. 44. Tie Selection. In the event of a tie by an Evaluation Selection Committee after they have scored each submittal, the meeting facilitator of the Selection Committee meeting, usually the City’s Procurement Manager, will tabulate the Selection Committee’s scores and advise the Committee there is a tie score; without advising the Committee the scores or the Respondents involved. The meeting facilitator will direct the Selection Committee to re-score the Respondents submittals and, will continue the re-scoring until the tie is broken, and a clear winner for the award recommendation has been determined. If the tie is not broken after three attempts to break the tie, all responses will be rejected, and the item will be re-advertised. 45. Rescind the Award. The City reserves the right to rescind the award recommendation, even after the award recommendation has been conditionally approved by the City Commission but before execution of the Contract by the City Manager and, by responding to this RFP, Respondent agrees to waive any contractual rights or equitable claims that Respondent may have accrued following the initial award recommendation by the City Manager under these conditions. 46. State of Emergency. The City reserves the right, in its sole and absolute discretion, to suspend the work or services or cancel the contract in the event of an emergency that effects the City of South Miami, its residents or businesses and that has been declared by the Governor, Mayor of Miami -Dade County or the City Manager. 11 of 76 17 47. Force majeure. Neither party may hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, or other acts or circumstances beyond the control of a party or that could not have been reasonably foreseen, prevented or avoided. For this purpose, such acts or circumstances include, but not limited to, weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties will use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible. 48. Proprietary Rights 48.1 The Respondent hereby acknowledges and agrees that the City retains all rights, title and interests in and to all materials, data, documentation and copies thereof furnished by the City to the Respondent hereunder or furnished by the Respondent to the City and/or created by the Respondent for delivery to the City, even if unfinished or in process, as a result of the Services the Respondent performs in connection with this Agreement, including all copyright and other proprietary rights therein, which the Respondent as well as its employees, agents, subcontractors and suppliers may use only in connection of the performance of Services under this Agreement. The Respondent shall not, without the prior written consent of the City, use such documentation on any other project in which the Respondent or its employees, agents, subcontractors or suppliers are or may become engaged. Submission or distribution by the Respondent to meet official regulatory requirements or for other purposes in connection with the perform ance of Services under this Agreement shall not be construed as publication in derogation of the City's copyrights or other proprietary rights. 48.2All rights, title, and interest in and to certain inventions, ideas, designs and methods, specifications and other documentation related thereto developed by the Respondent and its subcontractors specifically for the City, hereinafter referred to as "Developed Works" shall become the property of the City. 48.3 Accordingly, neither the Respondent nor its employees, agents, subcontractors, or suppliers shall have any proprietary interest in such Developed Works. The Developed Works may not be utilized, reproduced or distributed by or on behalf of the Respondent, or any employee, agent, subcontractor or supplier the reof, without the prior written consent of the City, except as required for the Respondent's performance hereunder. 48.4 Except as otherwise provided in subsections a, b, and c above, or elsewhere herein, the Respondent and its subcontractors and suppliers hereunder shall retain all proprietary rights in and to all Licensed Software, if any is provided hereunder, that have not been customized to satisfy the performance criteria set forth in the Scope of Services. Notwithstanding the foregoing, the Respondent hereby grants, and shall require that its subcontractors and suppliers grant, if the City so desires, a perpetual, irrevocable and unrestricted right and license to use, duplicate, disclose and/or permit any other person(s) or entity(ies) to use all such Licensed Software and the associated specifications, technical data and other Documentation for the operations of the City or entities controlling, controlled by, under common control with, or affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City. Such license specifically includes, but is not limited to, the right of the City to use and/or disclose, in whole or in part, the technical documentation and Licensed Software, including source code provide d hereunder, to any person or entity outside the City for such person's or entity's use in furnishing any and/or all of the Deliverables provided hereunder exclusively for the City or entities controlling, controlled by, under common control with, or affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City. No such License Software, specifications, data, documentation or related information shall be deemed to have been given in confidence and any statement or legend to the contrary shall be void and of no effect. 49. Anti-Discrimination. Contractor and all of its employees, subcontractors and subconsultants, while performing work for the City, are prohibited from discriminating against anyone on the basis of race, color, religious family status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age, disability or any other classification that is federally defined as a “protected class” and Contractor must take all steps necessary to prevent such discrimination by all of its employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial and material breach of this Contract. END OF SECTION 12 of 76 18 SUPPLEMENTAL INSTRUCTIONS AND RESPONSE TO THE SOLICITATION FORMAT FOR RESPONDENT CITYWIDE LANDSCAPING SERVICES RFP #PW2022 - 09 1. Format and Content of RFP Response Firms responding to the Solicitation must disclose their qualifications to complete the project as described in Exhibit 1, Scope of Services, Attachments A, B, & C for the City in the format set forth below. Failure to provide requested information may result in your Response to the Solicitation being deemed non-responsive and therefore eliminated from further consideration. A. Title Page Show the name of Respondent’s agency/firm, address, telephone number, name of contact person, date and the subject: REQUEST FOR PROPOSAL For “CITYWIDE LANDSCAPING SERVICES” RFP #PW2022 - 09. B. Table of Contents Include a clear identification of the material by section and by page number. C. Cover Letter and Executive Summary This letter should be signed by the person in your firm who is authorized to negotiate terms, render binding decisions, and commit the firm’s resources. Summarize your firm’s qualifications and experience to serve as the City Bus Bench Advertising and Services provider, and your firm’s understanding of the work to be done and include a commitment to perform the work in accordance with the terms of the Response to the Solicitation being submitted. This response should emphasize the strength of the firm in any relevant areas which you feel the City should weigh in its selection process. Response to the Solicitation: This section should summarize the key points of your submittal. Limit to one (1) to TEN (10) pages. Includes the Cover Letter and Executive Summary. Response to the Solicitation must include the following. 1. Respondent’s qualifications to perform the services detailed in Exhibit 1, “Scope of Services, Attachments A, B & C.” 2. Detailed work plan/project approach and schedule designed to accomplish the objectives of the proposed project in a timely manner. 3. A list of the executive and professional personnel that will be employed in this engagement and their experience with similar engagements, including the percentage of project time projected to be spent by each person. 4. In addition to submission of the “RESPONDENTS QUALIFICATION STATEMENT” found in the RFP detailing Respondent’s experience with engagements of a similar scope including a summary of prior work experience and competence in undertaking engagements of this type. Experience shown should be of the lead project personnel who will be assigned to the City’s project and will routinely be interfacing with the City. 13 of 76 19 D. Firm Overview State the full legal name and organizational structure of the firm. Describe the ownership structure of your firm. State the location of the office that will be serving the City including mailing address and telephone numbers. a. Name of Firm submitting responding to the Solicitation. b. Name and title of individual responsible for the submittal. c. Mailing and e-mail addresses. d. Telephone and facsimile numbers. E. Personnel and References Identify the primary individuals who will provide services to the City with regard to the day- to-day relationship with the City and include a brief resume for each of the primary individuals including licenses and certifications held by those individuals. Provide a list of five clients the firm has worked with in the last 36 months. Indicate the firm’s experience with clients within the State of Florida and provide a brief description of the type of services provided as well as the names, titles, addresses and telephone numbers of those primarily responsible for the account. In addition to the day-to-day relationship, please provide information regarding the firm’s and individual’s experience with engagements which are similar to the project contemplated by the City. Finally, provide specific services required to complete this engagement that are provided by your firm, through subcontractors or subconsultants. F. Other Relevant Experience Provide a description of your proposed primary individuals’ relevant experience over the last three years with other cities and counties that you believe are relevant to this proposed engagement. Include three case studies, if available, that illustrate experience with relevant services where the proposed primary individuals have served for similar engagements as proposed by the City detailed in the Scope of Services in this RFP. Please limit your response in the Sections, “D,” “E,” & “F.” to SEVEN (7) pages. END OF SECTION 14 of 76 20 CONE OF SILENCE ORDINANCE, SECTION 8A-7 CITYWIDE LANDSCAPING SERVICES RFP #PW2022 - 09 Chapter 8A of the City of South Miami Code of Ordinances is hereby amended in pertinent part to add a new section 8A-7 which is to read as follows: Sec. 8A-7. Cone of Silence: (A) Definitions. (1) "Cone of silence", as used herein, means a prohibition of any communication regarding competitive solicitations such as a request for proposal ("RFP"), request for qualification ("RFQ"), request for information (“RFI”) or request for bid (“RFB”), between: (a) A potential vendor, service provider, proposer or bidder (hereinafter referred to as the “Potential Bidder”), or agent, representative, lobbyist or consultant for the Potential Bidder; (hereinafter referred to as the “Bidder’s Representative”) and (i) Members of the City Commission or (ii) City's professional staff or (iii) Any member of the City's selection, evaluation or negotiation committee. (b) Members of the City Commission shall not communicate with professional staff or members of the selection, evaluation and negotiation committees at any point in the competitive process except as provided in paragraph D (3) below. (2) “City’s professional staff” means City Department Heads and their staff and the City Manager and Deputy City Manager and their staff including consultants involved in the solicitation, evaluation and negotiation process. (B) Restriction; notice. A cone of silence shall be imposed upon each competitive solicitation, commencing with the date that the advertisement of said solicitation is published and the requirements of this section shall be included in the solicitation. At the time of imposition of the cone of silence, the City Manager or Manager’s designee shall: (a) provide for public notice of the cone of silence by posting a notice at City Hall; (b) issue a written notice thereof to the affected Departments; (c) file a copy of such notice with the City Clerk; and (d) serve a copy thereof on each City Commissioner. (C) Termination of Cone of Silence. The Cone of Silence shall terminate at the beginning of the City Commission meeting at which the City Manager makes his or her written recommendation to the City Commission or at the time that the solicitation process is terminated by the City Manager. However, if the City Commission refers the Manager's recommendation back to the Manager or staff for further review, the cone of silence shall be reimposed until the beginning of the City Commission meeting at which the City Manager makes a subsequent written recommendation. (D) Exceptions to applicability. The provisions of this section shall not apply to: (1) Communications at a duly noticed pre-bid conferences or at any duly noticed public Selection or Negotiation Committee meeting or duly noticed public City Commission meeting at which the City Manager has placed the subject of the solicitation on the Agenda; (2) Communication regarding the solicitation at recorded contract negotiations, recorded oral presentation or recorded oral question and answer session and recorded contract negotiation strategy sessions in compliance with the exemption in Florida Statutes Section 286.0113; 15 of 76 21 (3) Briefings made by the City Manager or his designee to the City Commissioners during a meeting following the completion of the Selection or Negotiation Committee meetings; (4) Written communication at any time with any City professional staff (not including selection, evaluation or negotiation committee members), unless specifically prohibited by the applicable competitive solicitation documents. This section shall not be construed to prevent written communication between City professional staff and any City selection, evaluation or negotiation committee. A copy of any written communication made during the cone of silence shall be contemporaneously filed with the City Clerk by the Potential Bidder or Bidder’s Representative. The City Clerk shall make copies available to any person upon request; (5) Communication that is strictly limited to matters of those processes or procedures that are contained in the corresponding solicitation document and which communication is between any person and the City's Purchasing Agent or the City employee who is designated as being responsible for administering the procurement process for such solicitation; (6) Communications with the City Attorney and his or her staff; (7) Communications during any duly noticed site visits to determine the competency and responsibleness of bidders regarding a particular bid during the time period between the opening of bids and the time the City Manager makes a written recommendation; (8) Any emergency procurement of goods or services pursuant to City Code; (9) Responses to a request made by the City's Purchasing Agent, or the City employee who is designated as being responsible for administering the procurement process for such solicitation, for clarification or additional information; (10) Communications prior to bid opening between City’s professional staff and Potential Bidders and/or Bidder’s Representatives to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto between a Potential Bidders and/or Bidder’s Representatives and any member of the City's professional staff including, but not limited to the City Manager and his or her staff, are in writing or are made at a duly noticed public meeting. (F) Penalties. Violation of this section by a particular bidder or proposer, or their representative, shall render any award to said bidder or proposer voidable by the City Commission and/or City Manager. Any person who violates a provision of this section may be prohibited from serving on a City selection or evaluation committee. In addition to any other penalty provided herein, violation of any provision of this section by a City employee may subject said employee to disciplinary action at the discretion of the City Manager. END OF SECTION 16 of 76 22 PROPOSAL SUBMITTAL CHECKLIST FORM CITYWIDE LANDSCAPING SERVICES RFP #PW2022 - 09 This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this Solicitation. The response must include the following items: Attachments and Other Documents described below to be Completed IF MARKED WITH AN “X”: Check Completed. X The City will only receive submittals online and electronically through the Demand Star Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ The City, at its discretion, may request hard copies of proposals received from a specific Respondent or all Respondents. X SUPPLEMENTAL INSTRUCTIONS found prior to the PROPOSAL SUBMITTAL CHECKLIST FORM. X Indemnification and Insurance Documents EXHIBIT 2 X Respondents Bid Form. EXHIBIT 3 X Respondents Cost & Technical Proposal, EXHIBIT 4 X Signed Contract Documents EXHIBIT 6 X Respondents Qualification Statement X List of Proposed Subcontractors and Subconsultants and Principal Suppliers X Non-Collusion Affidavit X Public Entity Crimes and Conflicts of Interest X Drug Free Workplace X Acknowledgement of Conformance with OSHA Standards X Affidavit Concerning Federal & State Vendor Listings X Related Party Transaction Verification Form X Presentation Team Declaration/Affidavit of Representation Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. END OF SECTION 17 of 76 23 RESPONDENT QUALIFICATION STATEMENT CITYWIDE LANDSCAPING SERVICES RFP #PW2022 - 09 The response to this questionnaire will be utilized as part of the CITY’S overall Proposal Evaluation and RESPONDENT selection. 1. Number of similar projects completed, a) In the past 5 years b) In the past 10 years 2. List the last five (5) completed similar projects. a) Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Price: b) Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Price c) Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Price: d) Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Price: e) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Price: Actual Final Contract Price: 18 of 76 24 3. Current workload Project Name Owner Name Telephone Number Contract Price 4. The following information must be attached to the proposal. a) RESPONDENT’s home office organization chart. b) RESPONDENT’s proposed project organizational chart. c) Resumes of proposed key project personnel, including on-site Superintendent. 5. List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or c) Suspension of contracts or debarring from Bidding or Responding by any public agency brought against the Respondent in the last five (5) years 6. Government References: List other Government Agencies or Quasi-Government Agencies for which you have done business within the past five (5) years. Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 19 of 76 25 END OF SECTION Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 20 of 76 26 LIST OF PROPOSED SUBCONTRACTORS, SUBCONSULTANTS AND PRINCIPAL SUPPLIERS CITYWIDE LANDSCAPING SERVICES RFP #PW2022 - 09 Respondent must list all proposed subcontractors and subconsultant, if subcontractors and subconsultants are allowed by the terms of this Solicitation to be used on this project if they are awarded the Contract. Classification of Work Subcontractor/Subconsultant Name Address Telephone, Fax & Email Other: This list must be provided as a part of Respondents submittal to the City of South Miami and in response to this RFP. END OF SECTION 21 of 76 27 NON-COLLUSION AFFIDAVIT CITYWIDE LANDSCAPING SERVICES RFP #PW2022 - 09 STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) ___________________________________________ being first duly sworn, deposes and states that: (1) He/She/They is/are the ______________________________________________________ (Owner, Partner, Officer, Representative or Agent) of __________________________________________ the Respondent that has submitted the attached Proposal; (2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements o f the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the R espondent or any other of its agents, representatives, owners, employees or parties of interest, including this affiant. Signed, sealed and delivered in the presence of: _________________________________ By: ___________________________________ Witness Signature _________________________________ ___________________________________ Witness Print Name and Title ___________________________________ Date ACKNOWLEDGEMENT STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) On this the _______ day of ______________, 20_____, before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) 22 of 76 28 ______________________________________________ and whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. _______________________________________ Notary Public, State of Florida NOTARY PUBLIC: SEAL OF OFFICE: ______________________________________ (Name of Notary Public: Print, Stamp or type as commissioned.) ____ Personally known to me, or ____ Personal identification: _________________________ Type of Identification Produced ____ Did take an oath, or ____ Did Not take an oath. 23 of 76 29 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST CITYWIDE LANDSCAPING SERVICES RFP #PW2022 - 09 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 Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public building or public work, may not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount C ategory 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. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its 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 TO ADMINISTER OATHS. 1. This sworn statement is submitted to ____________________________________________________________________________ [print name of the public entity] by ____________________________________________________________________________ [print individual’s name and title] for___________________________________________________________________________ [print name of entity submitting sworn statement] whose business address is and (if applicable) its Federal Employer Iden tification Number (FEIN) is ____________________ (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ___________________________________________________.) 2. I understand that a “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, proposal 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. I 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 without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I 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, will be a prima facie case that one person controls 24 of 76 30 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 will be considered an affiliate. 5. I 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 proposal or applies to bid or proposal on contracts for the provision of goods or services let 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 1, 1989. _____ The entity submitting this sworn statement, or one or more of it s 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 1, 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 1, 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 Office r 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.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (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. ____________________________________ [Signature] Sworn to and subscribed before me this __________ day of ___________________________, 20____. Personally known ________________________ ___________________________________ OR Produced identification _________________ Notary Public – State of ________________ _______________________________________ My commission expires ________________ (Type of identification) (Printed, typed or stamped commissioned Form PUR 7068 (Rev.06/11/92) name of notary public) 25 of 76 31 DRUG FREE WORKPLACE CITYWIDE LANDSCAPING SERVICES RFP #PW2022 - 09 Whenever two or more responses to a solicitation 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 response to the solicitation received from a business that certifies that it has implemented a drug-free workplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations 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 must: 1) 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’s 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 paragraph (1) above. 4) In the statement specified in paragraph (1) above, notify the employees, that, as a condition to their working for the employer with regard to the matters that are the subject of the response to the solicitation including those involving the procurement of commodities or contractual services that are under Bid, the employee must abide by the terms of the statement and must 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. 5) 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 employe e 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 this statement, and under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above requirements. RESPONDENT’s Signature: ___________________________________ Print Name: _________________________________________ Date: ______________________________________________ 26 of 76 32 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS CITYWIDE LANDSCAPING SERVICES RFP #PW2022 - 09 TO THE CITY OF SOUTH MIAMI We, _____________________________, (Name of RESPONDENT), hereby acknowledge and agree that as CONTRACTOR for the CITYWIDE LANDSCAPING SERVICES RFP #PW2022 – 09 as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and N/A (Consulting Engineer if any) against any and all liability, claims, damages, losses and expenses they may incur due to the failure of Whenever two or more responses to a solicitation 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 response to the solicitation received from a business that certifies that it has implemented a drug-free workplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations 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 must: 1) 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’s 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 E-bid a copy of the statement specified in Section (1). 4) In the statement specified in Section (1), notify the employees, that, as a condition to their working for the employer with regard to the matters that are the subject of the response to the solicitation including those involving the procurement of commodities or contractual services that are under E-bid, the employee must abide by the terms of the statement and must 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. 5) 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 this statement, and under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm and its subcontractors, if any, who are listed below, are in full compliance with the above requirements: CONTRACTOR _____________________________________ ________________________________ Witness BY: __________________________________ Name __________________________________ Title 27 of 76 33 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS CITYWIDE LANDSCAPING SERVICES RFP #PW2022 - 09 The person, or entity, who is responding to the City’s solicitation, hereinafter referred to as “Respondent”, must certify that the Respondent’s name Does Not appear on the State of Florida, Department of Management Services, “CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS”. If the Respondent’s name appears on one or all the “Listings” summarized below, Respondents must “Check if Applies” next to the applicable “Listing.” The “Listings” can be accessed through the following link to the Florida Department of Management Services website: http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_i nformation/convicted_suspended_di scriminatory_complaints_vendor_lists DECLARATION UNDER PENALTY OF PERJURY I, _____________________ (hereinafter referred to as the “Declarant”) state, that the following facts are true and correct: (1) I represent the Respondent whose name is ______________________________. (2) I have the following relationship with the Respondent __________________ (Owner (if Respondent is a sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited Liability Company). (3) I have reviewed the Florida Department of Management Services website at the following URL address: http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_di scriminatory_complaints_vendor_lists (4) I have entered an “x” or a check mark beside each listing/category set forth below if the Respondent’s name appears in the list found on the Florida Department of Management Services website for that category or listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the Respondent’s name does not appear on the listing for that category in the Florida Department of Management Services website as of the date of this affidavit. Check the following categories if Applicable ___ Convicted Vendor List ___ Suspended Vendor List ___ Discriminatory Vendor List ___ Federal Excluded Parties List ___ Vendor Complaint List Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above requirements. By: ___________________________ (Signature of Declarant) ___________________________ (Print name of Declarant) ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) On this the ____ day of ______________, 20_____, before me, the undersigned authority, personally appeared ____________________________________ who is personally know to me or who provided the following identification ______________ and who took an oath or affirmed that that he/she/they executed the foregoing Affidavit as the Declarant. WITNESS my hand and official seal. ____________________________ Notary Public, State of Florida NOTARY PUBLIC: SEAL ____________________________ (Name of Notary Public: Print, Stamp or type as commissioned.) 28 of 76 34 RELATED PARTY TRANSACTION VERIFICATION FORM CITYWIDE LANDSCAPING SERVICES RFP #PW2022 - 09 I ______________________________, individually and on behalf of ______________________________ (“Firm”) have Name of Representative Company/Vendor/Entity read the City of South Miami (“City”)’s Code of Ethics, Section 8A-1 of the City’s Code of Ordinances and I hereby certify, under penalties of perjury that to the best of my knowledge, information and belief: (1) neither I nor the Firm have any conflict of interest (as defined in section 8A-1) with regard to the contract or business that I, and/or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A-1, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) must be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons’ immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: ____________________________________________________________________________________ _ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) must be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their names: _______________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: _______________________________________________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) must be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party 29 of 76 35 before any board, commission or agency of the City within the past two years other than as follows:____________________________________________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:\Purchasing\Vendor Registration\12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: ____________________________________________(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) must be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons’ immediate family (i.e., spouse, parents, ch ildren, brothers and sisters) nor any of my immediate family members (hereinafter referred to as “Related Parties”) has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons’ immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following: ______________________________________________________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) must be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons’ immediate family.] (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City’s Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the foregoing statement, that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and to the best of my knowledge, information and belief the facts stated in it are true and this firm is in full compliance with the above requirements. Signature: ___________________________ Print Name & Title: ______________________________ Date: ________________________ 30 of 76 36 Sec. 8A-1. - Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (1) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk, city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a Solicitation, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: (1) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (1) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and 31 of 76 37 pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best in terest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragr aph (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)(1) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relati onships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)(1) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)(1) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (1) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2) Exceptions. The provisions of paragraph (e)(1) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph (3); c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)(1) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)(1) through (6), or for any person included in the terms defined in paragraphs (b)(1) through (6) to accept or agree to accept from another person or entity, any gift for or because of: a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)(1); or d. Attendance or absence from a public meeting at which official action is to be taken. 32 of 76 38 (4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)(1) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment. (1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full-time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section 1-11 of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. (k) Prohibited investments. No person included in the terms defined in paragraphs (b)(1) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. 33 of 76 39 (I) Certain appearances and payment prohibited. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (1) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt. (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Recommending professional services. No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)(1) through (6)] in connection with any judicial or other proceeding, application, Solicitation, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two -year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 501(c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(1) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of 34 of 76 40 advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section 8A -2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. 35 of 76 41 PRESENTATION TEAM DECLARATION/AFFIDAVIT OF REPRESENTATION CITYWIDE LANDSCAPING SERVICES RFP #PW2022 - 09 This affidavit is not required for compliance with the City’s Solicitation; however, it may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14- 2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review or similar committee, must list on an affidavit provided by the City staff, all individuals who may make a presentation. The affidavit must be filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager. For the purpose of this subsection only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, must not be required to pay any registration fees. No person may appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Pursuant to '92.525(2), Florida Statutes, the undersigned, ________________, makes the following declaration under penalties of perjury: Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents. Please note; No person may appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. NAME TITLE For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, will not be required to pay any registration fees. The Affidavit of Representation must be filed with the City Clerk's office at the time the committee's proposal is submitted to the City as part of the procurement process. Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true and specifically that the persons listed above are the members of the presentation team of the entity listed below. Executed this ______ day of ___________________, 20 ___. ___________________________ Signature of Representative ___________________________ ______________________________ Print Name and Title Print name of entity being represented. END OF SECTION 36 of 76 42 NOTICE OF AWARD CITYWIDE LANDSCAPING SERVICES RFP #PW2022 - 09 The City has considered the Proposal submitted by your firm for the CITYWIDE LANDSCAPING SERVICES RFP #PW2022 – 09 in response to the City’s advertisement for Request for Proposal and Instructions to Respondents. You are hereby notified that your Proposal has been accepted for the CITYWIDE LANDSCAPING SERVICES PW2022 – 09 and the negotiated price is attached as Exhibit A to this Notice of Award. You are required by the Instructions to Respondents to execute the Contract Documents at the time of submittal of proposal and to furnish any required bonding, including a Performance Bond, Payment Bond, and insurance documents (see Proposal Submittal Checklist Form) within ten (10) day from the date of this notice to you. Notwithstanding the fact that you have agreed, by responding to the Solicitation, to the terms of the contract attached to the Solicitation package, if you fail to execute said Contract and to furnish said bonds, the required insurance documentation within ten (10) calendar days from the date of this notice, the CITY will have the right and be entitled, in its sole and absolute discretion, to disqualify the Proposal, revoke the award and retain the Proposal/Bid Bond/Security. Please be advised that if the contract price exceeds $5,000.00 or if it is a multi -year contract requiring payment out of more than one year’s appropriation, the award and the contract must be approved by the City Commission before it is binding on the City. Moreover, the award is subject to rescission if the City Manager determines that it is not in the best interest of the City. BY: __________________________________ Shari Kamali City Manager Dated this ____ day of ______________, 20____ ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by _______________________________ On this the ______ day of ____________________, 20____. BY: __________________________ TITLE: __________________________ You are required to return an acknowledged copy of this Notice of Award to the City Manager. END OF SECTION 37 of 76 43 EXHIBIT 1 SCOPE OF SERVICES Attachment A CITYWIDE LANDSCAPING SERVICES RFP #PW2022 - 09 The City of South Miami is accepting sealed PROPOSALS for Citywide Landscape maintenance services for a period of three-years (3) for public rights-of-way within and outside of the City. In addition to the three-year agreement, one (1) two-year (2) option to renew, solely at the discretion of the City Manager, will also apply. The work covered by the specifications herein is for City Wide Landscape maintenance services as described in the contract documents. The City will select a single vendor to perform Citywide Landscaping Services in accordance with the Exhibit 1, Attachment A, “Scope of Services,” and the schedule identified as Exhibit 1, Attachment B, “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 must be maintained in an efficient and safe operating condition while performing work under the contract. Equipment must 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 is 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 must 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. 38 of 76 44 • 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 contractor’s service vehicles and their main office. SPECIFIC SERVICE REQUIREMENTS 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 le ss 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 for completion of the work 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. 39 of 76 45 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 of 65 db at 50 feet 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. The use of a gas-powered leaf blower is prohibited within the City in accordance with Section 15D-2.3 of this Article II. Electric-powered leaf-blowers may be used within the City, consistent with the regulations set forth in Chapter 15D of the City's Code of Ord. No. 01- 22-2422 Ordinances (Code) attached as Exhibit 1, ATTACHMENT C “CODE OF ORD. No. 01-22-2422. A citation shall be issued to the property owner and to the business that is performing the work using a gas-powered leaf-blowers in violation of this Section. Private property owners and businesses are encouraged to operate electric-powered Landscaping Equipment in a manner that reduces noise and pollution generated by the equipment, including, without limitation, by not continuously running equipment and by using equipment that operates at a low decibel range (i.e., 65 dB at 50 feet). In the event of a hurricane, tropical storm, or similar extreme weather event, the City Manager, in the manager's sole discretion, may temporarily suspend provisions of this Article II to permit the use of gas-powered Landscaping Equipment for debris cleanup. 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: 40 of 76 46 Mow and maintain all Bermuda turf not to exceed 1” 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 1” 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. 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 41 of 76 47 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 of 65 dB, or less, at 50 feet to 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. 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: 42 of 76 48 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: 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 43 of 76 49 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. 44 of 76 50 EXHIBIT 1 ATTACHMENT B “TECHNICAL SPECIFICATIONS” CITYWIDE LANDSCAPING SERVICES RFP #PW2022 - 09 ANY TECHNICAL SPECIFICATION INCLUDED IN THE SCOPE OF SERVICES ARE HEREBY ADOPTED AS PART OF THESE TECHNICAL SPECIFICATIONS. DURING THE TERM OF THE AGREEMENT, THE CITY RESERVES THE RIGHT TO ADD OR DELETE LOCATIONS /ZONES IDENTIFIED IN THE “TECHNICAL SPECIFICATIONS” LISTED BELOW. SHOULD ADJUSTMENTS BE MADE TO THE TECHNICAL SPECIFICATIONS, THE CITY WILL NEGOTIATE PRICING WITH THE CONTRACTOR. CITYWIDE LOCATIONS ZONE 1 City of South Miami Landscaping and Maintenance Program for Bird Road from 65th Avenue to 57th Avenue (Zone 1) consists of the following services: 1.1 Mowing: The mowing of Bird Road from 65th avenue to 57th avenue will be performed thirty (30) cycles per year. Mowing cycle consists of thirty (30) cycles per year. Once every (10) days April l through September 30th and once every fourteen (14) days, October 1 through March 31st. • All leaves, litter and debris shall be removed from grass before mowing. • All mover 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 and the fertilizer must be approved in writing by the City. 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 handheld power line trimmer. In the event grass cannot be mowed 45 of 76 51 by means of a regular rider- or push-mower (i.e. ground area is too narrow, physical barriers preventing full access of a regular mower), it will be trimmed and it will occur simultaneously with the mowing conducted at each site. 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 once per month (the first scheduled mow cycle of each month) as necessary in order to maintain a proper height and appearance to the satisfaction of the Parks Superintendent and/or Public Works Superintendent. The ground cover will be mowed or cared for at a height (inches) between 2.0 and 2.5 unless instructed in writing otherwise by either Superintendent. 1.7 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 “box balls” 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 a 10’-foot clearance over walkways, parking lots as well as 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 and all chemicals must be approved in writing by the City. 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 on US1 consist of the following services: 2.1 Mowing: The grass mowing of Median and Swale - US 1 from 80th street to 57th avenue will be performed thirty (30) times per year (mowing cycle). Mowing cycle consists of thirty (30) cycles per year. Once every (10) days April l through September 30th and once every fourteen (14) days, October 1 through March 31st. • All leaves, litter and debris shall be removed from grass before mowing. • All mower blades shall be sharp enough to cut, rather than tear, grass blades. • Rotary mowers shall be used on this contract. 46 of 76 52 • 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 with a fertilizer approved in writing by the City. 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 handheld power line trimmer. In the event grass cannot be mowed by means of a regular rider- or push-mower (i. e., ground area is too narrow, physical barriers preventing full access of a regular mower), it will be trimmed and it will occur simultaneously with the mowing conducted at each site. 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. 2.6 Shrubs Hedges and Ground Covers Care: Shrubs and hedges will be trimmed once per month (the first scheduled mow cycle of each month) as necessary in order to maintain a proper height and appearance to the satisfaction of the Parks Superintendent and/or Public Works Superintendent. The ground cover will be mowed or cared for at a height (inches) between 2.0 and 2.5 unless instructed in writing otherwise by either Superintendent. 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 “box balls” 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 pr ovide a 10’-foot clearance over walkways, parking lots as well as 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 and chemicals must be approved in writing by the City. 47 of 76 53 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 1 to 69th avenue will be performed thirty (30) times per year. Mowing cycle consists of thirty (30) cycles per year. Once every (10) days April l through September 30th and once every fourteen (14) days, October 1 through March 31st. • All leaves, litter and debris shall be" removed from grass before mowing. • All mower 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 and the fertilizer must be approved in writing by the City and the fertilizer must be approved in writing by the City. 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 handheld power line trimmer. In the event grass cannot be mowed by means of a regular rider- or push-mower (i.e. ground area is too narrow, physical barriers preventing full access of a regular mower), it will be trimmed and it will occur simultaneously with the mowing conducted at each site. 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: 48 of 76 54 Shrubs and hedges will be trimmed once per month (the first scheduled mow cycle of each month) as necessary in order to maintain a proper height and appearance to the satisfaction of the Parks Superintendent and/or Public Works Superintendent. The ground cover will be mowed or cared for at a height (inches) between 2.0 and 2.5 unless instructed in writing otherwise by either Superintendent. 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 “box balls” 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 a 10’-foot clearance over walkways, parking lots as well as 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. Environmental-friendly chemicals only and it must be approved in writing by the City Manager or designee prior to use. 3.9 Litter Control: Litter and debris generated by contractors from the landscape maintenance service will be removed on every visit. PARKS DIVISION: City of South Miami Landscaping and Maintenance Program for all City Parks consist of the following locations: All America Park (1.40 acres): 6820 SW 64th Avenue Brewer Park (1.29 acres) 6300 SW 56th Street Dante Fascell Park (7.73 acres): 8700 SW 57th Avenue Dog Park (0.13): 6380 SW 78th Street* Fuchs Park (5 acres): 6420 SW 80th Street Jean Willis Park (0.63): 7220 SW 61st Court Marshall Williamson Mobley Building (exterior ground): 5825 SW 68 Street Marshall Williamson Park (3.22): 6121 SW 68th Street Murray Park Aquatic Center (1 acre): 6701 SW 58th Place Murray Park (3 acres): 5800 SW 66th Street Paseo Park (0.27 acres): SW 50th St. and SW 63rd Ave Palmer Park (8.57 acres): 6100 SW 67th Avenue South Miami Park (10 acres): 4300 SW 58th Avenue Van Smith Park (1.14 acres): 7800 SW 59th Avenue** Veterans Park (0.59 acres): 8021 SW 58th Avenue Vice Mayor Robert C. Welsh Jr. Park (0.38 acres): 7435 SW 66th Avenue 49 of 76 55 * The Dog Park’s ground cover is made up of artificial turf. Awarded Contractor is only responsible for hedging shrubs on the west. ** Awarded Contractor is only responsible for mowing, edging, etc. the central green space at the Van Smith Park. 1.1 Mowing: The mowing consists of thirty (30) cycles per year. Once every (10) days, April 1 through September 30th and once every fourteen (14) days, October 1 through March 31st • All leaves, litter and debris shall be removed from grass before mowing. • All mower blades shall be sharp enough to cut, rather than tear, grass blades. • Only Rotary mowers may be used for this contract. • Mowing shall not be performed when weather or other conditions would cause damaged turf. • All mowers must be 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. 1.2 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. 1.3 Trimming of Grass: Grass must be trimmed simultaneously with the mowing at each visit. Grass trimming will be accomplished by a hand-held power line trimmer. In the event grass cannot be mowed by means of a regular rider- or push-mower (i.e. ground area is too narrow, physical barriers preventing full access of a regular mower), it will be trimmed and it will occur simultaneously with the mowing conducted at each site. 1.4 Raking: Grass clippings caused by mowing, edging, and trimming will be removed from the curbs, parking lots, street, walkways, jogging paths, facilities, planted beds and other adjacent surfaces on the same day as mowed. 1.5 Shrubs, Hedges and Ground Covers Care: Shrubs and hedges will be trimmed once per month (the first scheduled mow cycle of each month) as necessary in order to maintain a proper height and appearance to the satisfaction of the Parks Superintendent and/or Public Works Superintendent. The ground cover will be mowed or cared for at a height (inches) between 2.0 and 2.5 unless instructed in writing otherwise by either Superintendent. 1.6 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 “box balls” 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 a 10’ foot clearance over walkways, parking lots as well as other areas which may interfere with the visibility of vehicle drivers and pedestrians. 50 of 76 56 1.7 Weed Control: Weed control will be performed on plant beds and tree wells by means of manual mechanical and/or environmental-friendly chemicals only and the chemicals must be approved in writing by the City’s Project Manager prior to use. 1.8 Litter Control: Litter and debris generated by contractors from the landscape maintenance service will be removed on every visit. END OF SECTION 51 of 76 57 EXHIBIT 1 SCOPE OF SERVICES Attachment C CITYWIDE LANDSCAPING SERVICES RFP #PW2022 – 09 “CODE OF ORD. No. 01-22-2422” 52 of 76 58 53 of 76 59 ORDINANCE NO. 01-22-2422 An Ordinance amending the City of South Miami Code of Ordinances to create "Chapter 15D -Environmental Protection" to create definitions, adopt regulations on the use of gas-powered Landscaping Equipment within the City of South Miami, provide for a temporary suspension for storm and hurricane cleanup, establish enforcement and penalty provisions, and provide for a financial hardship waiver. WHEREAS, the City of South Miami ("City") declares that it is in the interest of the public health, safety, and welfare of its residents and visitors to reduce litter and pollutants on the land and in the air and waters of the City; and WHEREAS, a leaf blower is a widely available gardening tool used to manage leaves, clippings, and other debris; and WHEREAS, most gas-powered leaf blowers use two-stroke engines, which mix gas and oil;and WHEREAS, about 30 percent of the gas the engine uses fails to undergo complete combustion, and as a result, the engine emits a number of specific air pollutants of concern, such as: hydrocarbons from both burned and unburned fuel, which combine with other gases in the atmosphere to form ozone; carbon monoxide; fine particulate matter; and other toxic air contaminants in the unburned fuel, including benzene, 1,3-butadiene, acetaldehyde, and formaldehyde 1; and WHEREAS, a 2011 test by the car experts at Edmunds showed that "a consumer-grade leaf blower emits more pollutants than a 6,200-pound 2011 Ford F-150 SVT Raptor"2; and WHEREAS, during the Edmunds test, the company subjected a truck, a sedan, a four-stroke leaf blower, and a two-stroke leaf blower to automotive emissions tests and found that under normal usage conditions -alternating the blower between high power and idle, for example -the two-stroke engine -emitted nearly 299 times the hydrocarbons of the pickup truck, 93 times the hydrocarbons of the sedan, and many times as much carbon monoxide and nitrogen oxides as well; and WHEREAS, the four-stroke engine performed significantly better than the two-stroke in most of the categories, but still far worse than the car engines; and WHEREAS, in 2017, the California Air Resources Board ("CARB") issued a warning that by 2020 gas-powered leaf blowers, lawn mowers, and similar equipment in the state could produce more ozone pollution than all the millions of cars in California combined; and WHEREAS, according to CARB's determination, running a gas-powered leaf blower for one hour emits the same amount of pollution as driving a light-duty passenger vehicle for approximately 1,100 miles3; and 1 https://ww2.arb.ca.gov/sites/default/files/2018- l l/Health%20and%20Environmental%20Impacts%20of%20Leafl'/o20Blowers.pdf 2 https://www.edmunds.com/about/press/leaf-blowers-emissions-dirtier-than-high-performance-pick-up-trucks-says- edmunds-insidelinecom.html 3 https://ww2.arb.ca.gov/resources/fact-sheets/small-engines-california Page 1 of 6 54 of 76 60 Res. No. 01-22-2422 WHEREAS, in addition to environmental impacts, air emissions from gas-powered leaf blowers have adverse health effects on workers; and WHEREAS, counties, cities and urban areas are in a unique position to combat climate change, because cities and urban areas are responsible for producing 70 percent of climate chru_iging greenhouse gas ("GHG") emissions worldwide4; and WHEREAS, the City has already taken steps to aggressively address climate change, promote the use of renewable energy, and reduce our community's emissions; and WHEREAS, on February 3rd, 2009, the City Commission passed Resolution No. 23-09- 12832 adopting a goal of carbon neutrality for municipal operations by the year 2030 and the Mayor and City Commission resolved that the "City of South Miami and all of its departments and boards shall coordinate and implement the Carbon Neutral Initiative, insofar as funds, voluntary efforts, or other resources become available, in particular, working to partner with efforts of governments, agencies, institutions and other appropriate public and private organizations in our region, and to track the progress and implementation of the initiative"; and WHEREAS, on May 7th, 2019, the City Commission unanimously passed Resolution 59- 19-15331 committing the City to transition to 100 percent clean, renewable energy community- wide by 2040; and WHEREAS, the City Commission finds that the use of gas-powered leaf blowers to clear leaves, clippings, and other debris on public and private property affects air quality, water quality, contributes to GHG emissions, and impacts environmental health and noise levels throughout the City; and WHEREAS, the City Commission also finds that a number of alternatives exist, such as portable or plug-in electric leaf blowers and non-motorized tools such as rakes; and WHEREAS, the City Commission wishes to provide a reasonable phase-in period during which City staff can conduct outreach to inform and educate residents and landscape maintenance companies of the provisions of this Ordinance, and the availability of alternatives to gas-powered leaf blowers; and WHEREAS, this Ordinance will preserve and enhance the environment of the City of South Miami; and WHEREAS, the City desires to amend the City's Code of Ordinances to create Chapter 15D -Environmental Protection. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if fully set forth herein and as the legislative intent of this Ordinance. 4 https://news.un.org/en/story/2019/09/1046662 Page 2 of 6 55 of 76 61 Ord. No. 01-22-2422 Section 2. Chapter 15D of the Code of Ordinances, City of South Miami, Florida, is hereby created and shall read as follows: Chapter 15D -ENVIRONMENTAL PROTECTION Article I. -IN GENERAL Section 15D-l. -Definitions. The following words, terms, and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Civil Citation has the same meaning as defined in Section 2-25. Courtesy Civil Citation means a Civil Citation that informs the recipient of the violation but that does not penalize the violator. Electric-powered means powered directly from electricity, and not directly powered by any fossil fuel, including powered from the electricity given off by a battezy or from the electrical current from an electrical outlet that receives its electricity from a solar panel or the electrical power grid that is used by a home or business. Gas-powered means powered by any fossil fuel. Landscaping Equipment means mowers, edgers, leaf blowers and other equipment powered by electricity or gas and used for the maintenance of landscaping by an individual or business. Leaf blower means any air blowing device that uses a concentrated stream of air to push, propel or blow dirt, dust, leaves, grass clippings, trimmings, cuttings, refuse or debris. Special Magistrate has the same meaning as defined in Section 2-25 of this Code. Statutory Interest means the interest rate set by Florida Statute for judgments issued by Florida courts. Article II -LEAF BLOWERS Section 15D-2.l. -Regulations on the use of Gas Powered Leaf blower. The use of a gas-powered leaf blower is prohibited within the City in accordance with Section l 5D-2.3 of this Article II. Electric-powered leaf-blowers may be used within the City, consistent with the regulations set forth in Chapter 15D of the City's Code of Page 3 of 6 56 of 76 62 Ord. No. 01-22-2422 Ordinances (Code). A citation shall be issued to the property owner and to the business that is performing the work using a gas-powered leaf-blowers in violation of this Section. Private property owners and businesses are encouraged to operate electric-powered Landscaping Equipment in a manner that reduces noise and pollution generated by the equipment, including, without limitation, by not continuously running equipment and by using equipment that operates at a low decibel range (i.e., 65 dB at 50 feet) Section 15D-2.2. -Temporary suspension for storm and hurricane cleanup. In the event of a hurricane, tropical storm, or similar extreme weather event, the City Manager, in the manager's sole discretion, may temporarily suspend provisions of this Article II to permit the use of gas-powered Landscaping Equipment for debris cleanup. Section 15D-2.3. -Enforcement: penalties. (a) (b) (c) (d) (e) Beginning on February I, 2022, and extending through October 31, 2022, the City shall engage in public education efforts to inform residents and businesses of the provisions of this Article II and to provide assistance with identifying alternatives to gas-powered leaf blowers. Beginning on November 1, 2022, the City shall provide for a nine-month warning period through and including July 31, 2023, during which the Code Enforcement Division may only issues Courtesy Civil Citations. Beginning on August 1, 2023, (Enforcement Date) the Code Enforcement Division must fully enforce the provisions of this Article II. If a Code Enforcement officer finds a violation of this Article II, the Code Enforcement officer must first have issued a Courtesy Civil Citation before issuing a Civil Citation. The Courtesy Civil Citation and the Civil Citation must inform the violator, at a minimum, of the nature of the violation, the amount of fine for which the violator is liable, the due date for paying the fine and instructions on how to pay the fine, the right to request an administrative hearing before the City's Special Magistrate (Special Magistrate) within ten days after service of the Civil Citation, and that the failure to request an administrative hearing within ten days of service of the Civil Citation will constitute an admission of the violation and a waiver of the right to a hearing. A violator who has been served with a Civil Citation must elect to either: (1) Pay the civil fine set forth in the City's schedule of fines and, if none is provided for a violation of this Article II, then as follows: a. b. or First violation within a 12-month period -----------$250.00; Second and all subsequent violations within a 12-month period---------------------------------------$500.00; Page4 of6 57 of 76 63 Ord. No. 01-22-2422 (f) (g) (h) (2) Request an administrative hearing before the Special Magistrate to adjudicate the Civil Citation, which must be requested within ten days of the service of the Civil Citation. The procedures for the administrative hearing of the Civil Citation is as set forth in Section 2-25 of this Code. Failure to timely request an administrative hearing before the Special Magistrate, constitutes a waiver of the violator's right to an administrative hearing before the Special Magistrate. and is treated as an admission of the violation for which fines and penalties must be assessed accordingly. A certified copy of an order imposing a fine may be recorded in the public records. and thereafter the fine and accrued interest on the fine constitutes a lien upon all real and personal property owned by the violator, which may be enforced in the same manner as a court judgment, including levy against the violator's real or personal property. All unpaid fines, including partially unpaid fines, accrue interest at the Statutory Interest rate for each day that the fine, or portion thereof, remains unpaid. After three months following the recording of the order imposing the fine, the City may foreclose or otherwise execute upon the lien for the amount of the lien that is owed plus accrued Statutory Interest. The Special Magistrate is prohibited from hearing the merits of the Citation or considering the timeliness of a request for an administrative hearing if the violator has failed to request an administrative hearing within ten days of the service of the Citation. The Special Magistrate shall not have discretion to alter the penalties prescribed in this Article IL Any party aggrieved by a decision of the Special Magistrate may appeal that decision to a court of competent jurisdiction. Section 15D-2.4. -Financial hardship waiver. Any property owner or principal of a business that reported a household annual gross income of 80% of the area median income, or less, on its income tax filing for the most recent tax year, may submit a written request to the City Manager, on a form prepared by the City Manager, for a financial hardship waiver of the requirements of this Article II. The City Manager may grant a waiver if the property owner or principal of the business provides the following: (a) (b) income tax filing for the most recent tax year and written authorization to request such filing from the Internal Revenue Service; and Competent substantial evidence that: (1) (2) there is no comparable alternative electric powered leaf blower that does not use gas; or The purchase or use of electric powered leaf blower would create an undue financial hardship. A financial hardship waiver will only be valid for 12 months but may be renewed upon application to the City Manager. If an administrative hearing is requested pursuant to Page 5 of 6 EXHIBIT 2 CITYWIDE LANDSCAPING SERVICES RFP #PW2022 – 09 Insurance & Indemnification Requirements Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as “FIRM” with regard to Insurance and Indemnification requirements) must 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 FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor/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. B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization is at the CITY’s sole and absolute discretion. The FIRM must purchase insurance from and must maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Sub-contractor/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: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm’s Insurance Generally. The FIRM must provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers’ Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include Employers' Liability at the statutory coverage amount. The FIRM must further ensure that all of its Sub-contractor/sub-consultants maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as 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: $5,000 per person; 58 of 76 64 • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: • Premises and Operation • Independent Contractors • Products and/or Completed Operations Hazard • Explosion, Collapse and Underground Hazard Coverage • Broad Form Property Damage • Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. • Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: • Owned Vehicles. • Hired and Non-Owned Vehicles • Employers' Non-Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract must contain the same insurance provision as set forth in these insurance and indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the word Sub-contractor/sub-consultant for the word FIRM where applicable. Fire and Extended Coverage Insurance (Builders’ Risk), IF APPLICABLE: A. In the event that this contract involves the construction of a structure, FIRM must maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments, and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies must also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy must be in the name of the CITY and the CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub- contractor/sub-consultants performing Work. B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it would be clearly not applicable. 59 of 76 65 Miscellaneous: A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM Is responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM must eliminate or reduce such deductible or the FIRM must procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies must contain waiver of subrogation against CITY where applicable, must expressly provide that such policy or policies are primary over any other collectible 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 must contain a “severability of interest” or “cross liability” clause without obligation for premium payment of the CITY as well as contractual liability provision covering FIRM’s duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM must deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer must be rated A.VII or better per A.M. Best’s Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a “certified copy” of the Policy (as defined in Article 1 of this document) which must include the declaration page and all required endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance certificate, the following endorsements: (1) a policy provision or an endorsement with substantially similar provisions as follows: “The City of South Miami is an additional insured. The insurer must pay all sums that the City of South Miami becomes legally obligated to pay as damages because of ‘bodily injury”, ‘property damage’, or ”personal and advertising injury” and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B”; (2) a policy provision or an endorsement with substantially similar provisions as follows: “This policy must not be cancelled (including cancellation for non-payment of premium), terminated, or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification must be delivered to the City by certified mail, with proof of delivery to the City.” E. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM must also provide 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 becomes 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 by him in connection with this Agreement. This insurance must 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. No insurance may be 60 of 76 66 issued by a surplus lines carrier unless authorized in writing by the city at the city’s sole, absolute, and unfettered discretion. Indemnification Requirement A. FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of FIRM or anyone acting through or on behalf of FIRM. B. FIRM must indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney’s fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its contractor/sub-contractor/sub-consultant or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of FIRM's obligations under this AGREEMENT. C. FIRM must pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney’s fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of FIRM, its Sub- contractor/sub-consultant or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non- performance of FIRM's obligations under this AGREEMENT. D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns are to 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 FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving, or rejecting any submissions or acts of FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph must apply and this subparagraph must set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professional’s obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. END OF SECTION 61 of 76 67 EXHIBIT 3 CITYWIDE LANDSCAPING SERVICES RFP #PW2022 – 09 RESPONDENTS BID FORM THIS PROPOSAL IS SUBMITTED TO: Shari Kamali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 1. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, including as set forth in Exhibit 1 (Scope of Services, Attachments A, B & C) for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents, including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation, required insurance documents, and other documents required by the Solicitation, including the Contract if not already submitted, within ten (10) calendar days after the date of the City ’s Notice of Award. 3. In submitting this Proposal, Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. Dated: b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that: i. Respondent has carefully studied all reports and drawings, if applicable, of subsurface conditions and drawings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes respons ibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies in addition to or to supplement those referred to in this paragraph which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or similar information or data are, or will, be required by Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre-bid marking of the construction site by any or all utility companies will create an irrefutable presumption that the Respondent’s bid, or proposal price, has taken into consideration all possible underground conditions and Respondent, if awarded the contract, will not be entitled to a change order for any such condition discovered thereafter. iii. Respondent has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Docume nts. 62 of 76 68 iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation Package or in the Contract Documents with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically states th at the contract price is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above, d. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced o r solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all the Work complete and in place. The Schedule of Values, if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it will form the basis for calculating the pricing of change orders. The Contract Price may not be adjusted in any way to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such, the Respondent must furnish all labor, materials, equipment, tools, superintendence, and services necessary to provide a complete, in place, Project for the Proposal Price. I f this Solicitation requires the completion of a Respondent Cost and Technical Proposal, as may be set forth in an exhibit to this Solicitation, such proposal must be attached to this Bid Form and will take the place of the Lump Sum Price, otherwise, the Contract Price for the completed work is as follows: PLEASE REFER TO EXHIBIT 4, RESPONDENTS COST & TECHNICAL Failure to provide EXHIBIT 4, RESPONDENTS COST & TECHNICAL PROPOSAL will render the proposal non-responsive. 5. The ENTIRE WORK for project in accordance with Exhibit 1, Scope of Services, Attachments A, B & C shall be completed, in full, within N/A from the Commencement Date set forth in the NOTICE TO PROCEED. Failure to complete the entire work during the described time will result in the assessment of liquidated damages as may be set forth in the Contract. 6. Insert the following information for future communication with you concerning this Proposal: RESPONDENT: Address: Telephone: Facsimile: Contact Person 7. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this Solicitation Package. 8. If a Respondent’s Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies under penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical Proposal, if such an exhibit is made a part of the Solicitation, are true and correct an d are hereby adopted as part of this Respondents Bid Form, and are made a part of this proposal, by reference. 63 of 76 69 9. This proposal is submitted by ________________________ whose address is ________________ ___________________, whose telephone number is ______________, whose fax number is ____ _____________, whose email address is __________________________ and whose authorized representative signing this Bid Form is ____________________________ whose title is _________. 10. By submitting this proposal, I, for myself and on behalf of the business that I represent, hereby agree to the terms of the form of contract contained in the Solicitation package and agree to be bound by those terms, with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information contained in the Solicitation Documents and this Proposal, or such information that the City and I have agreed upon in the course of contract negotiations and that has been confirmed by the City in writing, including e-mail confirmation, if any. I hereby certify under penalties of perjury that I am the lawful representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity , that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information and representations contained herein are true and correct. Signature: ______________________________ Date of Execution: _______________________ ___________________________ [Print signatory’s name] END OF SECTION 64 of 76 70 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 - 09 REFER TO “EXHIBIT 1, ATTACHMENT A “TECHNICAL SPECIFICATIONS” FOR DETAILS AND REQUIREMENTS FOR EACH ZONE. CYCLE CUTS REQUIRE 30 CUTS PER YEAR, ALL ZONES. FERTILIZER APPLICATION IS APPLIED: THREE (3) TIMES PER YEAR; ALL ZONES, WITH THE EXCEPTION ZONES 4 AND 5 IN THE PARKS DIVISION, PALMER AND MURRAY PARK WHERE FERTILIZER APPLICATION SHALL BE APPLIED SIX (6) TIMES PER YEAR. RESPONDENTS COST AND TECHNICAL PROPOSAL IS ATTACHED ON THE FOLLOWING PAGES. RESPONDENTS SHALL COMPLETE EXHIBIT5, RESPONDENTS COST AND TECHNICAL PROPOSAL IN ITS ENTIRIEY. FAILURE TO DO SO WILL RESULT IN THE SUBMITTAL DEEMED NON- RESPONSIVE AND DISREGARDED FROM FURTHER CONSIDERATION. A. CITY WIDE LOCATIONS CYCLE CUTS/30PER YER ZONE 1 ZONE 2 ZONE 3 TOTAL YEAR 1 $ $ $ YEAR 2 $ $ $ YEAR 3 $ $ $ YEAR 4 $ $ $ YEAR 5 $ $ $ B. FERTILIZER APPILCATION (3) TIMES PER YEAR FERTILIZER APPLICATION ZONE 1 ZONE 2 ZONE 3 TOTAL YEAR 1 $ $ $ YEAR 2 $ $ $ YEAR 3 $ $ $ YEAR 4 $ $ $ YEAR 5 $ $ $ 65 of 76 71 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 – 09 C. PARKS PARKS YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 5 YEAR TOTAL All America $ $ $ $ $ Brewer $ $ $ $ $ Dante Fascell $ $ $ $ $ Dog Park $ $ $ $ $ Fuchs $ $ $ $ $ Jean Willis $ $ $ $ $ M.W. Mobley Building $ $ $ $ $ Marshall Williamson $ $ $ $ $ Aquatic Center $ $ $ $ $ Murray $ $ $ $ $ Paseo $ $ $ $ $ Palmer $ $ $ $ $ South Miami $ $ $ $ $ Van Smith $ $ $ $ $ Veterans $ $ $ $ $ VM Robert Welsh $ $ $ $ $ Total $ $ $ $ $ $ 66 of 76 72 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 - 09 FIVE (5) YEAR CONTRACT TOTAL. ALL ZONES BOTH CITY WIDE AND PARKS DIVISION; CYCLE CUTS AND FERTILIZER APPLICATION (A = CITYWIDE LOCATIONS; B = CITYWIDE FERTILIZER APPLICATION; C = PARKS DIVISION A + B + C = TOTAL Year 1 $________________ Year 2 $________________ Year 3 $________________ Year 4 (Option) $________________ Year 5 (Option) $________________ TOTAL $________________ SUBMITTED THIS DAY OF 20____. PROPOSAL SUBMITTED BY: Company Telephone Number Name of Person Authorized to Submit Proposal Fax Number Signature Email Address Title END OF SECTION 67 of 76 73 EXHIBIT 5 EVALUATION SELECTION CITYWIDE LANDSCAPING SERVICES RFP #PW2022 - 09 Scoring and Average Ranking Phase I - Competitive Selection-Ranking; maximum 100 points per committee member. Proposals will be evaluated by an Evaluation Selection Committee that will evaluate and rank proposals on the technical criteria listed below. The Evaluation Selection Committee will be comprised of appropriate City personnel and/or members of the community, as deemed necessary, with the appropriate experience and/or knowledge. Respondents deemed as best suited and qualified will be selected by The Evaluation Selection Committee for discussion and/or presentations, ranking and subsequent negotiations with the highest ranked Respondent. The criteria are itemized with their respective weights for a maximum total of one hundred (100) points per Evaluation Selection Committee member. The evaluation factors used for determining qualifications for scoring and ranking, including average ranking order, shall include: Technical Criteria Points 1. The Proposers demonstrated understanding of the City’s requirements and plans for meeting same: Maximum Points: 30 2. Professional qualifications and related experience of the persons assigned to the contract: Maximum Points: 20 3. Related Projects/Past Experience: Maximum Points: 20 4. Overall quality and completeness of the submittal: Maximum Points: 10 Price Criteria: 5. Proposed Cost: Maximum Points: 20 Average Ranking Order Each Evaluation Selection Committee member shall rank each Respondent based on the Technical and Price Criteria total score for each Respondent; #1 (Highest Total Score), #2 (Next Highest Score), and so on. The rankings for each Respondent by each Selection Committee Member (Rater) are added and totaled. The total is divided by the number of Raters. In the example below, Respondent B’s total Rank Score is 6, divided by the number of Raters (4) equals a Lowest Average Rank Score of 1.50 and therefore Respondent B is recommended for the award: 68 of 76 74 Respondent B = 6 (Rank Score) Divided by the Number of Raters (4) = 1.50 Phase II - Oral Presentations Upon completion of the criteria evaluation indicated above by the Evaluation Selection Committee, including rating and ranking, the Evaluation Selection Committee may choose to conduct an oral presentation and/or interviews with the Respondent (s) who the Evaluation Selection Committee deems to warrant further consideration based such things as scores in clusters; based on the preliminary rating and rankings, and/or maintaining competition. Upon completion of the oral presentation(s) and/or interviews, the Evaluation Selection Committee will perform a final review to re-evaluate, re-rate, and re-rank the Proposals, as described above, remaining in consideration based upon the written documents, combined with the oral presentation. END OF SECTION Respondent Ranking Order Rater #1 Rater #2 Rater #3 Rater #4 AVG RANK RESPONDENT A 4 2 1 3 2.50 RESPONDENT B 1 1 3 1 1.50 RESPONDENT C 2 3 2 2 2.25 RESPONDENT D 5 4 4 5 4.50 RESPONDENT E 3 5 3 4 3.75 69 of 76 75 EXHIBIT 6 CONTRACT CITYWIDE LANDSCAPING SERVICES RFP #PW2022 - 09 THIS CONTRACT, entered into this ____ day of _____________, 20____, by the CITY OF SOUTH MIAMI through its Manager, both of whom shall be hereinafter referred to as the “CITY” where applicable; located at 6130 Sunset Drive, South Miami, FL. , E-mail: SKAMALI@SOUTHMIAMIFL.GOV and ______________________ with an office and principal place of business located at _________________________, and E-mail address of ___________________ and Facsimile transmission number of __________________ (hereinafter called the “CONTRACTOR”. WITNESSETH: WHEREAS, the CITY needs CITYWIDE LANDSCAPING SERVICES; and WHEREAS, the CITY desires to retain CONTRACTOR, to provide the required services based on CONTRACTOR's representations which reflect that CONTRACTOR is qualified and capable of providing said services in a professional and timely manner and in accordance with the CITY’s goals and requirements; and WHEREAS, CONTRACTOR has agreed to provide the required services in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: (1) Engagement of CONTRACTOR: Based on the representations of CONTRACTOR as set out in the following documents the CITY hereby grants to CONTRACTOR the rights, and CONTRACTOR accepts the obligations set forth in Scope of Services, as modified by the Contract Documents, (all of which is hereinafter referred to as the Work”). • Respondent’s Bid Form, attached as “Exhibit 3 • Respondents Cost & Technical Proposal attached as “Exhibit 4” (2) Contract Documents: The Contract Documents include this Contract and the forgoing documents (in paragraph (1) above) and the following documents, as well as any attachments or exhibits that are made a part of any of the Contract Documents: • Scope of Services, attached as Exhibit 1 • CITY’s Insurance & Indemnification Requirements, attached as Exhibit 2 • Solicitation documents for CITYWIDE LANDSAPING SERVICES, RFP #PW2022-09. This Contract and the Solicitation, Scope of Services, and Insurance & Indemnification Requirements take precedence over the response to the CITY’s CITYWIDE LANDSCAPING SERVICES RFP #PW2022 - 09 including the CONTRACTOR’s Bid Form and CONTRACTOR/ Respondent’s Cost and Technical Response to the Solicitation. All the forgoing documents referenced in paragraph (1) above, and in this paragraph, are attached hereto and made a part hereof by reference. (3) Date of Commencement: CONTRACTOR must commence the performance of the Work under this Contract on a date to be specified in a Notice to Proceed, or Purchase Order, (hereinafter referred to as the “Work Commencement Date”). Time is of the essence. (4) Primary Contacts: The Primary Contact Person in charge of administering this Contract on behalf of the CITY is the City Manager (“Manager”), assistant Manager, or their written designee. The Primary Contact Person for CONTRACTOR and his/her contact information is as follows: Name: ___________________ e-mail: _______________; Fax: ______________ Street Address: ________________________. (5) Scope of Services: The services to be provided are as set forth in the Scope of Services, attached as “Exhibit 1. (6) Compensation: The CONTRACTOR’s compensation under the terms and provisions of this Contract (hereinafter referred to as the Contract Price) is as set forth in CONTRACTOR/RESPONDENTS COST & TECHNICAL PROPOSAL attached as “Exhibit 4, unless modified in writing signed by the CITY and CONTRACTOR. 70 of 76 76 (7) Hours of Work: It is presumed that the cost of performing the Work after regular working hours, and on Sunday and legal holidays, is included in the Contract Price. However, nothing contained herein authorizes work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City Manager, the Assistant City Manager, or their written designee. (8) Time Provisions: The term of this Contract commences on the Work Commencement Date and continues for THREE (3) Years, with One (1) TWO (2) Year Option-to-Renew, for a term not to exceed FIVE (5) Consecutive Years. The Option to Renew is at the discretion of the City Manager, unless the Contract is earlier terminated in accordance with the Contract Documents. (9) Termination: This Contract may be terminated without cause by either party with a thirty (30) day written notice to either party. This provision supersedes and takes precedence over any contrary provisions for termination contained in the other Contract Documents. (10) Applicable Law and Venue: Florida law applies to the interpretation and enforcement of this Contract. Venue for all proceedings involving or arising out of this Contract is in Miami-Dade County, Florida. (11) Duties and Responsibilities: CONTRACTOR shall comply with all applicable laws, ordinances, codes, rules, regulations, and health and safety standards of any governmental body having jurisdiction over any matter related to this Contract or the goods and/or services to be performed hereunder and shall commit no trespass on any private property in performing any of the work embraced by this Contract. Each and every provision and/or clause required by law to be inserted in this Contract is deemed to be inserted herein and this Contract must be read and enforced as though such provisions and/or clauses are included herein. (12) Licenses and Certifications: CONTRACTOR must secure all necessary business and professional licenses at its sole expense prior to commencing the Work. (13) Insurance, Indemnification & Bonding: CONTRACTOR must comply with the insurance, indemnification and bonding requirements set forth in the Contract Documents. In the event that any of the Contract Documents provide for indemnification, nothing contained therein may be construed to imply that the CITY has waived its sovereign immunity as provided by Florida Statute, Section 786.28 and anything to the contrary contained therein is null and void and of no force or effect. (14) Jury Trial Waiver: The parties waive their right to jury trial. (15) Entire Agreement, Modification, and Non-waiver: The Contract Documents constitute the entire agreement of the parties and supersede any prior agreements, written or oral. The Contract Documents may not be modified or amended except in writing, signed by both parties hereto and if this Contract is required to be approved by the City Commission, all amendments thereto must be approved in the same manner and with the same formality as this Contract if in the opinion of the City Attorney such approval is required by law. The Contract Documents, in general, and this paragraph may not be modified or amended by any acts or omissions of the parties. No failure to exercise and no delay in exercising any right, power or privilege may be construed to operate as a waiver. No waiver of the Contract Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or omission. (16) Public Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and services on behalf of the CITY and the CONTRACTOR, under such conditions, must incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR and its subcontractors are specifically required to: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the CONTRACTOR if the CONTRACTOR does not transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the CONTRACTOR or keep and maintain public records required by the public agency to perform the 71 of 76 77 service. If the CONTRACTOR transfers all public records to the public agency upon completion of the contract, the CONTRACTOR must destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR must meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143. (17) Notices. Whenever a notice is required or permitted herein, it must be delivered by certified mail with return receipt requested, hand delivery, e-mail (or similar electronic transmission), or facsimile transmission and will be deemed delivered on the date shown on the e-mail or delivery confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt card or the date shown as the date same was refused or unclaimed. If hand delivered to the CITY, a copy must be stamped with the official City receipt stamp showing the date of deliver; otherwise, the document will not be considered to have been delivered. Notices must be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To CITY: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Fax: E-mail: salexander@southmiamifl.gov With copies by U.S. mail to: City Attorney 6130 Sunset Dr. South Miami, FL 33143 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov To CONTRACTOR: ________________________ ________________________ ________________________ (18) Corporate Authority. The CONTRACTOR and its representative who signs this Contract hereby certifies under penalty of perjury that the CONTRACTOR and its representative have, and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this Contract and to assume the responsibilities and obligations created hereunder; and that this Contract is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONTRACTOR hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. (19) Drug Free Workplace. CONTRACTOR must comply with the Drug Free Workplace policy set forth in the City of South Miami’s Personnel Manual which is made a part of this Contract by reference. (20) Transfer and Assignment. None of the work or services under this Contract can be subcontracted or assigned without prior written consent from the CITY which may be denied without cause. 72 of 76 78 (21) Most Favored Public Entity. CONTRACTOR represents that the Contract Price negotiated with the CITY is not less than the price CONTRACTOR is offering to other customers for the same or substantially similar items or services for comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and other material cost factors. If CONTRACTOR’s price to other clients decreases when providing the same goods or services as provided to CITY with the same comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors, CONTRACTOR must immediately extend the same price to CITY. (22) E-VERIFY. As a condition precedent to entering into this Contract, and in compliance with Section 448.095, Fla. Stat., CONTRACTOR and its subcontractors must register with and use the E- Verify system to verify work authorization status of all employees hired after January 1, 2021. The CONTRACTOR and all subcontractors must comply with and be bound by the following: (a) CONTRACTOR must require each of its subcontractors to provide CONTRACTOR with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. CONTRACTOR must maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Contract; (b) The CITY, CONTRACTOR, or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section must terminate the contract with the person or entity; (c) The CITY, upon good faith belief that a subcontractor knowingly violated the provisions of this section, but that the CONTRACTOR otherwise complied, must promptly notify CONTRACTOR and CONTRACTOR must immediately terminate the contract with the subcontractor; (d) A contract terminated under the provisions of this Section is not a breach of contract and may not be considered such; (e) Any contract termination under the provisions of this Section may be challenged no later than 20 calendar days after the date on which this Contract is terminated pursuant to paragraph b. or c. above; (f) CONTRACTOR acknowledges that upon termination of this Contract by the CITY for a violation of this Section by CONTRACTOR, CONTRACTOR may not be awarded a public contract for at least one (1) year. CONTRACTOR further acknowledges that CONTRACTOR is liable for any additional costs incurred by the CITY as a result of termination of any contract for a violation of this Section; and (g) Subcontracts. CONTRACTOR or subcontractor must insert in any subcontracts the clauses set forth in this Section, including this Subsection, requiring the subcontractors to include these clauses in any lower tier subcontracts. CONTRACTOR is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this Section and CONTRACTOR's failure to enforce compliance is a substantial and material breach of this Contract. (23) ANTI-DISCRIMINTION. Contractor and all of its employees, subcontractors and subconsultants, while performing work for the City, including the hiring and retention of employees for the performance of Work, are prohibited from discriminating against anyone on the basis of race, color, religious family status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age, disability or any other classification that is federally defined as a “protected class” and Contractor must take all steps necessary to prevent such discrimination by all of its employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial, material breach of this Contract. 25.1 Contractor must include in all of its subcontracts the following clause: 73 of 76 79 Subcontractors and all of their employees, subcontractors and subconsultants, while performing work for the City, including the hiring and retention of employees for the performance of Work, are prohibited from discriminating against anyone on the basis of race, color, religious family status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age, or disability, or any other classification that is federally defined as a “protected class”. Subcontractors must take all steps necessary to prevent such discrimination by all of their employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial, material breach of this Subcontract. IN WITNESS WHEREOF, the parties, have executed this Contract, on or before the date first above written, with full knowledge of its content and significance and intending to be legally bound by the terms hereof. CONTRACTOR: _____________________________ Witnessed: By: _________________________ By: ___________________________________ __________________________ [print name and title of signatory] ATTESTED: CITY OF SOUTH MIAMI By: __________________________ By: ________________________ Nkenga Payne Shari Kamali City Clerk City Manager Read and Approved as to Form, Language, Legality, and Execution Thereof: By: __________________________ City Attorney END OF SECTION 74 of 76 80 EXHIBIT 7 City of South Miami Bid Protest Procedures RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (FORMAL PROCEDURE) CITYWIDE LANDSCAPING SERVICES RFP #PW2022- 09 The following procedures will be used for resolution of protested solicitations and awards. The word “bid”, as well as all of its derivations, means a response to a solicitation, including requests for proposals, requests for a letter of interest and requests for qualifications. i. Notice of Intent to Protest. Any actual or prospective bidder who perceives itself to be aggrieved in connection with any formal solicitation or who intends to contest or object to any bid specifications or any bid solicitation shall file a written notice of intent to file a protest with the City Clerk’s office within three calendar days prior to the date set for opening of bids. A notice of intent to file a protest is considered filed when received by the City Clerk’s office by e-mail or, if hand delivered, when stamped with the City Clerk’s receipt stamp containing the date and time of receipt of a notice of intent to file a protest. Any actual responsive and responsible bidder who perceives itself to be aggrieved in connection with the recommended award of a contract and who wishes to protest the award, shall file a written notice of intent to file a protest with the City Clerk’s office within three calendar days after the City Commission meeting at which the recommendation is considered for action. A notice of intent to file a protest is considered filed when received by the City Clerk’s office by e-mail or, if hand delivered, when stamped with the City Clerk’s receipt stamp containing the date and time of receipt. ii. Protest of solicitation. A protest of the solicitation or award must be in writing (“Protest Letter”) and submitted to the City Clerk’s office within five calendar days after the date of the filing of the notice of intent to file a protest. The Protest Letter is considered filed when the Protest Letter and the required filing fee of $1,000 are both timely received by the City Clerk’s office. In order for the Protest Letter and filing fee to be considered timely delivered by hand delivery, the date stamp of the Clerk’s office must appear on the original Protest Letter and/or a copy of the Protest Letter and the date stamp must also appear on a copy of the check issued for the payment of the filing fee, or, if payment is made in cash, a receipt must be issued by the Clerk’s office reflecting the date of receipt of the payment. While the Clerk may accept the Protest Letter by email, the Protest Letter shall not be considered to be timely received until and unless the required filing fee of $1,000 is received by the City Clerk’s office and, if payment is in cash, a receipt is issued with the date of the receipt of payment, or if payment is by check, a copy of the check is stamped by the Clerk with the date stamp of the Clerk’s office showing the date of receipt. The Protest Letter shall state with particularity the specific facts and law upon which the protest is based, it shall describe and attach all pertinent documents and evidence relevant and material to the protest and it shall be accompanied by any required filing. The basis for review of the protest shall be the documents and other evidence described in and attached to the Protest Letter and no facts, grounds, documentation, or other evidence not specifically described in and attached to the Protest Letter at the time of its filing shall be permitted or considered in support of the protest. iii. Computation of time. No time will be added to the above time limits for service by mail. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in which event the period shall run until the next day which is not a Saturday, Sunday, or legal holiday. iv. Challenges. The written protest may not challenge the relative weight of the criteria or any formula used for assigning points in making an award determination, nor shall it challenge the 75 of 76 81 City’s determination of what is in the City’s best interest which is one of the criteria for selecting a bidder whose offer may not be the lowest bid price. v. Authority to resolve protests. The Purchasing Manager, after consultation with the City Attorney, shall issue a written recommendation within ten calendar days after receipt of a valid Protest Letter. Said recommendation shall be sent to the City Manager with a copy sent to the protesting party. The City Manager may then, submit a recommendation to the City Commission for approval or disapproval of the protest, resolve the protest without submission to the City Commission, or reject all proposals. vi. Stay of procurement during protests. Upon receipt of a timely, proper and valid Protest Letter filed pursuant to the requirements of this section, the City shall not proceed further with the solicitation or with the award or execution of the contract until the protest is resolved by the City Manager or the City Commission as provided in subsection (e) above, unless the City Manager makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid potential harm to the health, safety, or welfare of the public or to protect substantial interests of the City or to prevent youth athletic teams from effectively missing a playing season. END OF DOCUMENT 76 of 76 82 Tabulation Sheet Agency Name City of South Miami Bid Number RFP-RFP #PW2022 - 09-0-2022/SK Bid Name CITYWIDE LANDSCAPING SERVICES Bid Due Date 05/17/2022 10:00:00 Eastern Bid Opening Closed 8 responses found.online, offline, not submitting, not received Company Responded Address Bid Amount Alt Bid Amount Declared Attributes Documents Sent Complete 1 .Aero Groundtek, LLC 05/16/2022 16:48:11 Eastern 858 MAGUIRE RD, OCOEE, FL, 34761 $992960.0000 0.0000 Bidding Document 2 .Bella Fiore Landscaping LLC 05/17/2022 08:06:24 Eastern 7954 SW 146 CT MIAMI, MIAMI DADE, FL, 33183 $1227252.5000 0.0000 Bidding Document 3 .brightview 05/17/2022 09:21:00 Eastern 4155 E Mowry Drive, Homestead, FL, 33033 $894157.6500 0.0000 Bidding Document 4 .Coco Tree Service, Corp 05/17/2022 00:33:34 Eastern 14629 SW 104 ST SUITE 345, Miami, FL, 33186 $799775.0000 0.0000 Bidding Document 5 .Reef Landscaping 05/17/2022 09:06:52 Eastern 100 N Krome Ave, Homestead, FL, 33034 $1257137.8900 0.0000 Bidding Document 6 .Rock & Rose Lawn Care LLC 05/16/2022 05:45:44 Eastern 12822 SW 184th terrace, Miami, FL, 33177 $538069.0000 0.0000 Bidding Document 7 .SFM Services, Inc. 05/17/2022 09:08:31 Eastern 9700 NW 79th Ave., Hialeah Gardens, FL, 33016 $1299076.2000 0.0000 Bidding Document 8 .Superior Landscaping & Lawn Service, Inc. 05/17/2022 09:28:45 Eastern PO Box 35- 0095, Miami, FL, 33135 $1298897.1500 0.0000 Bidding Document 1 of 31 83 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 - 09 REFER TO “EXHIBIT 1, ATTACHMENT A “TECHNICAL SPECIFICATIONS” FOR DETAILS AND REQUIREMENTS FOR EACH ZONE. CYCLE CUTS REQUIRE 30 CUTS PER YEAR, ALL ZONES. FERTILIZER APPLICATION IS APPLIED: THREE (3) TIMES PER YEAR; ALL ZONES, WITH THE EXCEPTION ZONES 4 AND 5 IN THE PARKS DIVISION, PALMER AND MURRAY PARK WHERE FERTILIZER APPLICATION SHALL BE APPLIED SIX (6) TIMES PER YEAR. RESPONDENTS COST AND TECHNICAL PROPOSAL IS ATTACHED ON THE FOLLOWING PAGES. RESPONDENTS SHALL COMPLETE EXHIBIT5, RESPONDENTS COST AND TECHNICAL PROPOSAL IN ITS ENTIRIEY. FAILURE TO DO SO WILL RESULT IN THE SUBMITTAL DEEMED NON- RESPONSIVE AND DISREGARDED FROM FURTHER CONSIDERATION. A. CITY WIDE LOCATIONS CYCLE CUTS/30PER YER ZONE 1 ZONE 2 ZONE 3 TOTAL YEAR 1 $ $ $ YEAR 2 $ $ $ YEAR 3 $ $ $ YEAR 4 $ $ $ YEAR 5 $ $ $ B. FERTILIZER APPILCATION (3) TIMES PER YEAR FERTILIZER APPLICATION ZONE 1 ZONE 2 ZONE 3 TOTAL YEAR 1 $ $ $ YEAR 2 $ $ $ YEAR 3 $ $ $ YEAR 4 $ $ $ YEAR 5 $ $ $ 65 of 762 of 31 84 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 – 09 C. PARKS PARKS YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 5 YEAR TOTAL All America $ $ $ $ $ Brewer $ $ $ $ $ Dante Fascell $ $ $ $ $ Dog Park $ $ $ $ $ Fuchs $ $ $ $ $ Jean Willis $ $ $ $ $ M.W. Mobley Building $ $ $ $ $ Marshall Williamson $ $ $ $ $ Aquatic Center $ $ $ $ $ Murray $ $ $ $ $ Paseo $ $ $ $ $ Palmer $ $ $ $ $ South Miami $ $ $ $ $ Van Smith $ $ $ $ $ Veterans $ $ $ $ $ VM Robert Welsh $ $ $ $ $ Total $ $ $ $ $ $ 66 of 763 of 31 85 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 - 09 FIVE (5) YEAR CONTRACT TOTAL. ALL ZONES BOTH CITY WIDE AND PARKS DIVISION; CYCLE CUTS AND FERTILIZER APPLICATION (A = CITYWIDE LOCATIONS; B = CITYWIDE FERTILIZER APPLICATION; C = PARKS DIVISION A + B + C = TOTAL Year 1 $________________ Year 2 $________________ Year 3 $________________ Year 4 (Option) $________________ Year 5 (Option) $________________ TOTAL $________________ SUBMITTED THIS DAY OF 20____. PROPOSAL SUBMITTED BY: Company Telephone Number Name of Person Authorized to Submit Proposal Fax Number Signature Email Address Title END OF SECTION 67 of 764 of 31 86 5 of 31 87 E 1B11 4 RESP E S C ST E IC L PR P S L CIT'YWIDE L.ANDSCA.PING SERVICES R.FP #PW2022 ~ 09 REFER T " IBIT I, A AC E TA "TEC I L SPE.CIFI Tl S" F R DETAI D RE UIRE E TS F R CH Z NE. CYCLE CUTS RE UIRE 30 PER Y R, ALL Z NES. FERTILIZER PPLICATI N IS APPLIED: · ···RYE RESP E SC S F; LL P ESw RESP TS C S F IL RE S I RESP Sl E ISR.E YEAR I ! YEAR 4 $171280 00 YEARS $17,280, RE. E RESP E RES L RDE FR $28,928 00 B½' FER ILIZER !PPIL l_Y~E:!:A~R~2'.-··················--•-w--w-,w~s _1 %~. 8-5·······0· .. · ....... ~ ._o .. o .... · .. · ...................................... -••d··· .......... t••H•• 2 t 715. 00 YEARl $1,850,00 $2,715.00 L. PR P S LIS S S LL C L PR P ·s T ES F > ER ... 00 $26 200 .. 00 2?690.00 690., 65 of'16 C E E PLETE l:B 5, I ITS E ·•····• IR' * : EE - SI E I ·½' $ 72.408.00 $ 721408. $72,408.00 $ 72.7408 ... $ 7,255. $ 7t255.00 $ 7,255.00 $7,255.00 6 of 31 88 X 1B 4 0 I A R D CA S V 202 -09 .PA A YEA -Y AR y YEA A _ s I m 1 272 00 10 272 00 I O 272 00 10 272 00 0 272 00 B 9 630 . 0 n C II 26 ,668 5 26 ,668 50 2 668 .50 '2 68 2 50 ag p 1 60 .00 560 .00 1 560 00 1 560 00 1 560 UC 7 250.00 17.250 00 7 250 00 2 0 .00 17 250 .00 J II 2 850 .00 2,850 .00 2 850 .00 M. 2 60 00 2 360 00 2 360 00 23 0 .00 5 940 .00 5 940 00 940 00 5 940 .00 5 940 00 Aq c 1C n e 3.836 0 3.836 00 3 836 00 -3 8,36 00 3 836 00 u y 1 a, 78 00 10 78 00 10 8 00 10 178 0 seo 3 450 00 3.450 00 3 450 00 3 50 .00 3 450 .00 27 600 00 27 600 00 27 600 00 27 600 .00 27 600 00 =-----ii---~-~---+-----+---t~ -- 34 500 .00 34 500 ·O 34 500 0 3 500 .00 3 933 00 3.933 00 3 933 00 3 ,933 00 3 933 00 V e 3 450 .00 3.450 00 3 450 00 3 450 00 3 450 .00 V Rob 0.00 2 310 00 23 0 00 2 1310 0 2 310 .00 To al 165 87 .50 165 78 50 65 787 50 65 787 50 65 787 50 828 937 .50 66 of 76 7 of 31 89 0 FV .YA CO VI 0 XH B 4 T COS CA POSA I RAC CYC R 0 A cu D . A SERVIC S PW202 -09 0 Cl YWID AN RTI IZ RAP ICA ION ( I YW CA ·O S; B = ITYW D R z 16 PROPOSA SUBMITTED BY . -PA KS IV S10 A + C -TO A ar 2 Yer 3 Ye 5 (Opt10 ) TOTA DAY OF 2 5 450 50 245 450 50 245 450 50 245 450 so 245 450 50 1 227 252 .50 MAY 20 22 . -------- BELLA F C 305-766-2738 Co ·mpany lephone u ber YISTA M URBI 1 A Fax umb .r B. 10 andsc g@g om _E_m_a-,1 A-d~d ess ------- T1 le D OF S C 10 67 of 76 8 of 31 90 p OJe p 0 . S n 1 d endu b 1ss i o Sol"citat10 , ·s b o mo I d e1n s al spons bi ity o t id d , A ac e 0 dd d1 • a r ire • • TYWID PW2022 -09 Apr i 28 2022 D CAP GS , RV C 1 1 s d o cl r ify s ppl d/or od ·fy p ev10 sly · s ed d pa o Doc m-A I q r e oft Doc a1n in f II fo c d effec a o ·g·nally s t for . I s all o s c e Add d um a may be 1ss d or sp ci c sol c· ·o . ·m o. I a A d 0 a ost a ch cal art of ■ • • byway o fere a SOIC at10 ce b s w e Respon nts m·t al· e c· y as ed O d ce o. I 22-2422 w c ro s e u e of ga owe 0 I a C MOU S A AD . E ' ower g, 1 g Aug I 2 2 • n eve he · es i d OVE yo r ' es ond s ar -o ov o al Bid a o n ·, A L ZO ga owe e · blower . S, for the u e of PONS B ssu 0 TY OF TH BID E TO FOR S C C O IC CURE TO ,. 9 of 31 91 A D D M o. A D TIO AL O T I A A ii 28,2 2 PO D N CO YWD : X I 4 C I P PW 22-09 IC LP 0 vc OSAL A d O d. a o I 22 242,2 wh· p o ibi po er I a blow r eg i g A g , t 2 2 . 0 d na e s , d s , o t ar ~ o · . ov· de __ A............,..;:;;:;;,,_;;;~--=---0=--=v:....:· =-=-=-YO u r TO a Id a O , A z ON s' ' 0 r g power d lowe : p ' TOF ow y A 2 Augu I, 2 23 $ 615.00 YEA 3 A g • I I 2024 $6 5 00 y A Aug I, 202 615 .00 y A Aug I 2 ' 26 $6 5 00 16 DA 0 AY P OPOSA SUB I Y~ BE.~.___,---.. FIO E · , SCAPING C 305 766-2738 --- Co any ber YIS AM UR I A OS I e .. SCAPING PR I I 0 u e o 10 of 31 92 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 REFER TO "EXHIBIT I, ATTACHMENT A "TECHNICAL SPECIFICATIONS" FOR DETAILS AND REQUIREMENTS FOR EACH ZONE. CYCLE CUTS REQUIRE 30 CUTS PER YEAR , ALL ZONES. FERTILIZER APPLICATION IS APPLIED : THREE (3) TIMES PER YEAR: ALL ZONES , WITH THE EXCEPTION ZONES 4 AND 5 IN THE PARKS DIVISION. PALMER AND MURRAY PARK WHERE FERTILIZER APPLICATION SHALL BE APPLIED SIX (6) TIMES PER YEAR. RESPONDENTS COST AND TECHNICAL PROPOSAL IS ATTACHED ON THE FOLLOWING PAGES. RESPONDENTS SHALL COMPLETE EXHIBITS, RESPONDENTS COST AND TECHNICAL PROPOSAL IN ITS ENTIRIEY. FAILURE TO DO SO WILL RESULT IN THE SUBMITTAL DEEMED NON- RESPONSIVE AND DISREGARDED FROM FURTHER CONSIDERATION. A. CITY WIDE LOCATIONS CYCLE CUTS/J0PER ZONEI ZONE2 ZONEJ YER TOTAL YEAR I $93 ,990.10 $ 16,770 .00 $ 45,660.00 $31 ,560.10 $ 45,660.00 $93 ,990 .10 YEAR2 $ 16,700 .00 $ 31560.10 $ 32,191.30 $96,443 .33 YEAR 3 $ 17,034.00 $ 46 .573 .20 17,374.68 $ 47,504 .66 $ 32 ,835 .13 $97,714.47 YEAR4 $ $ 17 ,722.17 $ 33.491.83 $99,668 .75 YEAR 5 $ 48 ,454 .75 B. FERTILIZER APPILCATION (3) TIMES PER YEAR FERTILIZER ZONEI ZONE2 ZONEJ APPLICATION TOTAL YEAR I $240.00 $2,160.00 $ 2,160.00 $ 4,560 .00 YEAR 2 $ 240.00 $ 2,160.00 $ 2,160.00 $ 4,560.00 244.80 $ 2,203.20 $ 2203.20 $4,651.20 YEAR 3 $ $4,744 .22 YEAR4 $ 249.70 $ 2,2 47 .26 $ 2247 .2 6 YEAR 5 $ 254.70 $ 2,292.21 $ 2,292.21 $4,839.12 65 of 76 11 of 31 93 PARKS YEAR I All A meri ca $5,524.00 Br ewer $ 4,604.00 D ante Fasc ell $ I 5,550.00 Dog Pa r k $ 1,432.00 Fuchs $ I 0,025 .00 Jea n Wi lli s $1 ,637 .00 M.W . Mobley $ 1,739.00 Bu ild ing Mars hall $ 3,069.00 Will iamson Aqu atic Center $ 1,637.00 Mu rray $ 5,013 .00 Paseo $1 ,023 .00 Pal m er $ 2,353 .00 South Miam i $ 19,642.00 V an Smith $ 3,069 .00 Vetera ns $ 2,660.00 Total $ 80,512 .00 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 C. PARKS YEAR2 YEARJ YEAR4 YEARS $ 5,524 .00 $ 5,634.48 $ 5,747 .17 $ 5,862 .11 $ 4,604.00 $ 4,696.08 $ 4,790.00 $ 4,885 .80 $ I 5,550 .00 $ 15,861.00 $ 16,178.22 $ 16,501.78 $ 1,432.00 $ 1,460.64 $ 1,489.85 $ 1,519 .74 $ 10,025.00 $ I 0,225 .50 $ 10,430.0 I $ I 0,638 .61 $ 1,637 .00 $ 1,669.74 $ 1,703 .14 $ 1,737.20 $ 1,739.00 $ 1,773 .78 $ 1,809 .26 $ 1,845.44 $ 3,069 .00 $ 3,130 .38 $ 3,192.98 $ 3,256 .85 $ 1,637.00 $ 1,669 .74 $ 1,703 .13 $ 1,737.20 $ 5,013 .00 $ 5,113 .26 $ 5,215 .53 $ 5,319 .84 $ 1,023 .00 $ 1,043.46 $ 1,064.33 $ 1,085 .62 $ 2,553 .00 $ 2,604.06 $ 2,656 .14 $ 2,709 .26 $ 19 ,964 .00 $ 20,363 .28 $ 20 ,770.55 $ 21,185 .96 $ 3,069 .00 $ 3,130.38 $ 3,192.99 $ 3,2 56 .8 4 $ 2,660 .00 $ 2,713 .20 $ 2,767.46 $ 2,822 .81 1,535 .00 $ 1,565 .70 $ 1,597 .0 I $ 1,628 .95 $ 80 ,512 .00 $ 82 ,122.24 $ 83,764.68 $ 85 ,439 .98 66 o f 76 $ 412 ,350.90 12 of 31 94 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 FIVE (5) YEAR CONTRACT TOTAL. ALL ZONES BOTH CITY WIDE AND PARKS DIVISION; CYCLE CUTS AND FERTILIZER APPLICATION (A= CITYWIDE LOCATIONS; B = CITYWIDE FERTILIZER APPLICATION; C = PARKS DIVISION SUBMITTED THIS 16 --- PROPOSAL SUBMITTED BY : BrightView La nd scape Se rv ices, In c. Company SVP Title A + B + C = TOT AL Year I Year 2 YearJ Year 4 (Option) Year S (Option) TOTAL DAY OF $ 174,502.10 $ 174,502.10 $ 178,565.5 7 $ 181,479.15 $ 185,108 .73 $ 894,15 7.65 May 20 ~. ---'--------- 954-593-2386 Telephone Number 305-258-0809 Fax Number ierc m y.c ru z@b righ tview.co m Email Address END OF SECTION 67 of 76 13 of 31 95 ADDENDUM No. I ADDITIONAL COST AND TECHNICAL PROPOSAL April 28,2022 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 The City passed Ordinance No. 01-22-2422 which prohibits the use of gas-powered leaf blowers beginning August I, 2023. In the event the Ordinance is rescinded, Respondents are to provide the INCREMETAL AMOUNT OVER your Total Bid amount, ALL ZONES, for the use of gas-powered blowers: POSSIBLE RIENSTATEMENT OF GAS BLOWERS YEAR 2 YEAR3 YEAR4 YEARS SUBMITTED THIS 16 DAY OF PROPOSAL SUBMITTED BY: BrightView Landscape Services, Inc, SVP Title August I, 2023 $ 174,502 .10 August I, 2024 $ 178,565.57 August I, 2025 $ 181,479.15 August I, 2026 $ 185,108 .73 May 20___ll_. 954-593-2386 Telephone Number 305-258-0809 Fax Number Email Address 2 of 2 14 of 31 96 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 • 09 REFER TO ''EXHIBIT I, ATTACHMENT A "TECHNICAL SPECIFICATIONS" FOR DETAILS AND REQUIREMENTS FOR EACH ZONE. CYCLE CUTS REQUIRE JO CUTS PER YEAR, ALL ZONES. FERTILIZER APPLICATION IS APPLIED: THREE (3) TIMES PER YEAR; ALL ZONES, WITH THE EXCEPTION ZONES 4 AND 5 IN THE PARKS DIVISION. PALMER AND MURRAY PARK WHERE FERTILIZER APPLICATION SHALL BE APPLIED SIX (6) TIMES PER YEAR. RESPONDENTS COST AND TECHNICAL PROPOSAL IS ATTACHED ON THE FOLLOWING PAGES. RESPONDENTS SHALL COMPLETE EXHIBITS, RESPONDENTS COST AND TECHNICAL PROPOSAL IN ITS ENTIRIEY. FAILURE TO DO SO WILL RESULT IN THE SUBMITTAL DEEMED NON- RESPONSIVE AND DISREGARDED FROM FURTHER CONSIDERATION. A. CITY WIDE LOCATIONS CYCLE CUTS/l0PER ZONEI ZONE2 ZONEl YER TOTAL YEARI s 3 '"iVD 1:)-1.'iOO oov $ $ YEARl s 1~ '3V 0 $ $ I t:;u 1J {}00 YEARl $ ~lo $ $ I '?7)V · °I. f),OV YEAR4 sl (!) $ $ I. / wo 311 ()DV YEARS s /~ f5DD $ /~?'7),0 {)0 oo ·O B. FERTILIZER APPILCATION (3) TIMES PER YEAR - FERTILIZER ZONEI ZONE2 ZONEl APPLICATION TOTAL YEARI 100 fl!)(} 1/0/0 /flt)O $ $ $ YEAR2 $ ~oo $ t/(}(J $ JOO /rHJV YEARl $ !.fOO $ ~00 $ t/00 !>VO YEAR4 $ 1/()0 $ 1/(}0 $ ftJo /(:)-0 0 YEARS $ if0V $ (j{){} $ Cf -OD /(3f}-U 65 of76 Page -1~ 15 of 31 97 PARKS All America Brewer Dante Fascell Dog Park Fuchs Jean Willis M.W. Mobley Building Marshall Williamson Aquatic Center Murray Paseo Palmer South Miami Van Smith Veterans fotal EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 C. PARKS YEAR I YEARl YEARJ YEAR4 $ l.OlJ-OO $ 1.01 ;;-vo $ 10 JDO $ J~c31Jo s q16VO $ q 11.iDD s 1;~D s ~~O $ Id-( )90 $ lJ; ;ulJ $!)I 10-0 $ /[M )!JV s 3;0lJD $ 3;roo s ~ooo s ~wo s /?;/5-7'i s ~57~ $ /'~131z; s /~57~ $ 3;?;DD $ ~/?00 $ ~~o s '3;3o0 $ :?i (_p w $ ;J. f_{JOD $ 9-;~oo $ J..;tttJO • l-/ 1 ?,() 0 • ~?,,D 1) .1.f; QD b • '/-;QD 0 $ 7,~ o s 7t;x;O $ -z~o ·s 1;J1JO , f1 ;ti?JV • (!{!D • 9;1-;oo • 'J;hl!O $ tf ;DD s t/';}00 $ l/-1?oo $ f??oo • ~;~v '1,7t:i0 •4!;7q?J • ~72w $ If ({)00 $ l71 fJ0O $ 1t:i;ooo $ /7 '!)tfl) $ 580 $ ~3D $ !730 $ 53D $ (j)l r.p OV s ~ ftJO p $ ft/11 ()1J $ (pl (f DtJ 7. 0 s 00 s 7; 9!J(} s 7 o D 66 of76 YEARS s IO;dl)t) $ q.q;o I s /:j7tJD s~ow $ /¥1-!j $3ji?oD $~OD $ 'f; £)DD ~cJ-DD s _~o $t/;7trV $ i?a? $ /5;1/l?o $ 536 $ft; ff OD s 7Svo SYEAR TOTAL Page ....... 16 of 31 98 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 • 09 FIVE (5) YEAR CONTRACT TOTAL. ALL ZONES BOTH CITY WIDE AND PARKS DIVISION; CYCLE CUTS AND FERTILIZER APPLICATION (A= CITYWIDE LOCATIONS; B = CITYWIDE FERTILIZER APPLICATION; C = PARKS DIVISION A+ B + C = TOTAL Year I Yearl Year3 Year4 (Option) Years (Option) TOTAL SUBMITTED THIS ~ DAY OF vfJ~1 ,oc?.9: 8 OtJ --78--B -qc/, 45 fax Numb~ , CO C O (PY COC:-0 'al~ ~ePPJ,d, Email Address END OF SECTION 67 of76 Page 1 - 17 of 31 99 ADDENDUM No. I ADDITIONAL COST AND TECHNICAL PROPOSAL April 28,2022 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW20ll -09 The City passed Ordinance No. 01-22-2422 which prohibits the use of gas-powered leaf blowers beginning August I, 2023. In the event the Ordinance is rescinded, Respondents are to provide the INCREMETAL AMOUNT OVER your Total Bid amount, ALL ZONES, for the use of gas-powered blowers: POSSIBLE RIENSTATEMENT OF GAS BLOWERS YEAR2 August I , 2023 $ ?t:fOD YEARl August I, 2024 $JrlflJ!fJ YEAR4 August I, 2025 $ :J, roo YEARS August I , 2026 $ 8-i r;v o. SUBMITTED THIS DAY OF M1 Signat Title 2of2 Page ,. - 18 of 31 100 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 REFER TO "EXHIBIT I, ATTACHMENT A uTE.CHNICAL SPE.CIFICATIONS" FOR DETAILS AND REQUIREMENTS FOR EACH ZONE. CYCLE CUTS REQUIRE 30 CUTS PER YEAR, ALL ZONES. FERTILIZER APPLICATION IS APPLIED: THREE (3) TIMES PER YEAR; ALL ZONES, WITH THE EXCEPTION ZONES 4 AND 5 IN THE PARKS DIVISION. PALMER AND MURRAY PARK WHERE FERTILIZER APPLICATION SHALL BE APPLIED SIX (6) TIMES PER YEAR. RESPONDENTS COST AND TECHNICAL PROPOSAL IS ATTACHED ON THE FOLLOWING PAGES. RESPONDENTS SHALL COMPLETE EXHIBITS, RESPONDENTS COST AND TECHNICAL PROPOSAL IN ITS ENTIRIEY. FAILURE TO DO SO WILL RESULT IN THE SUBMITTAL DEEMED NON- RESPONSIVE AND DISREGARDED FROM FURTHER CONSIDERATION. A. CITY WIDE LOCATIONS -CYCLE CUTS/JO PER ZONEI ZONE2 ZONEJ YER TOTAL YEAR I 19,701.52 20,248.79 16,691.57 56,641.88 $ $ $ YEAR2 $ 20,292.57 $ 20,856.25 $ 17,192.31 58,341.13 YEARJ $ 20,901.34 $ 21,481.94 $ 17,708.08 60,091.37 YEAR4 $ 21,528.39 $ 22,126.40 $ 18,239.33 61,894.11 YEARS $ 22,174.24 $ 22,790.19 $ 18,786.51 63,750.93 B. FERTILIZER APPILCATION (3) TIMES PER YEAR FERTILIZER ZONEI ZONE2 ZONEJ APPLICATION TOTAL YEAR I $ 985 .08 $ 1 ,012 .44 $ 834 .58 2 ,832 .09 YEAR2 $ 1,014.63 $ 1,042 .81 $ 859 .62 2,917 .06 YEARJ $ 1,045.07 $ 1,074 .10 $ 885.40 3 ,004 .57 1,076.42 1,106.32 911 .97 3094 .71 YEAR4 $ $ $ YEARS $ 1,108.71 $ 1 ,139.51 $ 939 .33 3 ,187 .55 65 of 76 19 of 31 101 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 C. PARKS PARKS YEAR I YEAR2 YEARJ YEAR4 YEARS All America $ 12,313.45 $ 12,682.85 $ 13,063.34 $ 13,455.24 $13,858.90 Brewer $ 12,313.45 $12,682.85 $ 13,063 .34 $ 13,455.24 $ 13,858.90 Dante Fascell $ 21,890.58 $ 22,547.30 $ 23,223.72 $ 23,920.43 $ 24,638.04 Dog Park $ 2,189.06 $ 2,254.73 $ 2,322.37 $ 2,392.04 $ 2,463.80 Fuchs $ 21,890.58 $ 22,547.30 $ 23,223.72 $ 23,920.43 $ 24,638.04 Jean Willis $ 2,736.32 $ 2,818.41 $ 2,902 .96 I $ 2,990 .05 $ 3,079 .76 M.W. Mobley $ 2,462.69 $ 2,536.57 $ 2,612.67 i $ 2,691.05 $ 2,771.78 Buildin Marshall $ 6,019.91 $ 6,200.51 $ 6,386.52 $ 6,578.12 $ 6,775.46 Williamson Aquatic Center $ 2,407.96 $ 2,480.20 $ 2,554.61 $ 2,631.25 $ 2,710.18 Murray $15,870.67 $ 16,346.79 $ 16,837.19 $ 17,342.31 $ 17,862.58 Paseo $13,134.35 $ 13,528.38 $ 13 ,934 .23 I $ 14,352 .26 $ 14,782.82 Palmer $20,522.42 $ 21,138.09 $ 21,772.23 $ 22,425.40 $ 23,098.16 South Miami $ 20,522.42 $21,138.09 $ 21,772.23 I $ 22,425.40 $ 23,098.16 Van Smith $ 6,840.81 $ 7,046.03 $ 7,257.41 1$ 7,475.13 $ 7,699.39 Veterans $ 8,537.33 $ 8,793.45 $ 9,057.25 $ 9,328.97 $ 9,608.84 $ 7,661.70 $ 8,372.15 $ 8,623.31 I Total $177,313.70 $182,633.11 $ 188,112.10 $193,755.47 $199,568.13 $941,82.50 66 of 76 20 of 31 102 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 FIVE (5) YEAR CONTRACT TOTAL. ALL ZONES BOTH CITY WIDE AND PARKS DIVISION; CYCLE CUTS AND FERTILIZER APPLICATION (A= CITYWIDE LOCATIONS; B = CITYWIDE FERTILIZER APPLICATION; C = PARKS DIVISION A + B + C = TOTAL Year I $ 236,787 .67 Year 2 $ 243,891.30 Year 3 $ 251 ,208 .04 Year ◄ (Option) $ 258,744.28 Year S (Option) $ 266 ,506 .61 TOTAL $1 ,257,137 .89 SUBMITTED THIS DAY OF ---17 _M~ay..__ ______ 20.l_L. PROPOSAL SUBMITTED BY: Sebastian (KP) Enterprises, Inc . dba Reef Landscaping Company 305-901-1409 Telephone Number Juan C . Rodriguez Controller Title Fax Number ashle y@ reeflandsca pin g.com Email Address END OF SECTION 67 of 76 21 of 31 103 ADDENDUM No. I ADDITIONAL COST AND TECHNICAL PROPOSAL April 28,2022 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 The City passed Ordinance No. 01-22-2422 which prohibits the use of gas-powered leaf blowers beginning August I, 2023. In the event the Ordinance is rescinded, Respondents are to provide the INCREMETAL AMOUNT OVER your Total Bid amount, ALL ZONES, for the use of gas-powered blowers: POSSIBLE RIENSTATEMENT OF GAS BLOWERS YEAR2 August I , 2023 $ 3,000.00 YEARJ August I , 2024 $ 3,200.00 YEAR4 August I , 2025 $ 3,300.00 YEARS August I, 2026 $ 3,400 .00 SUBMITTED THIS 17 DAY OF May 20~. PROPOSAL SUBMITTED BY: Sebastian (KP) Enterprises, Inc. dba Reef Landscaping 305-901-1409 Company Juan C . Rodriguez Controller Title 2 of2 --------------Telephone Number Fax Number ashley@reeflandscaping.com Email Address 22 of 31 104 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 REFER TO ufXHIBIT I, ATTACHMENT A uTECHNICAL SPECIFICATIONS'' FOR DETAILS AND REQUIREMENTS FOR EACH ZONE. CYCLE CUTS REQUIRE 30 CUTS PER YEAR, ALL ZONES. FERTILIZER APPLICATION IS APPLIED: THREE (3) TIMES PER YEAR; ALL ZONES, WITH THE EXCEPTION ZONES 4 AND 5 IN THE PARKS DIVISION. PALMER AND MURRAY PARK WHERE FERTILIZER APPLICATION SHALL BE APPLIED SIX (6) TIMES PER YEAR. RESPONDENTS COST AND TECHNICAL PROPOSAL IS ATTACHED ON THE FOLLOWING PAGES. RESPONDENTS SHALL COMPLETE EXHIBITS, RESPONDENTS COST AND TECHNICAL PROPOSAL IN ITS ENTIRIEY. FAILURE TO DO SO WILL RESULT IN THE SUBMITTAL DEEMED NON- RESPONSIVE AND DISREGARDED FROM FURTHER CONSIDERATION. A. CITY WIDE LOCATIONS CYCLE CUTS/JO PER ZONEI ZONE2 ZONEl YER TOTAL YEAR I 5 ,850 7 ,800 $ 5 ,850 $19 ,500 $ $ YEAR2 $ 5 ,967 $ 7 ,956 $ 5 ,967 $19 ,890 YEARl $ 6 ,087 $ 8 ,115 $6 ,087 $20 ,289 YEAR4 $ 6 ,209 $ 8 ,278 $ 6 ,209 $20 ,695 YEARS $ 6 ,333 $ 8,443 $ 6 ,333 $21 ,109 B. FERTILIZER APPILCATION (3) TIMES PER YEAR FERTILIZER ZONEI ZONE2 ZONEl APPLICATION TOTAL YEAR I 2 ,500 $ $ 2 ,800 $ 2 ,500 $7 ,800 YEAR2 $ 2 ,550 $ 2 856 $ 2 ,550 $7 ,956 YEARl $2 ,601 $ 2 ,913 $ 2 ,601 $8 ,115 2 ,653 2 ,971 2 ,653 $8 ,277 YEAR4 $ $ $ YEARS $ 2 ,706 $ 3 ,031 $ 2 ,706 $8,443 65 of76 23 of 31 105 PARKS YEAR I EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 C. PARKS YEAR2 YEARJ YEAR4 YEARS All America , $ 2 ,925 ! $ 2 ,984 , $ 3,044 $3 ,105 i $3 ,167 -----,•----'·---·-··············----·-··-----·--;---------·····-·••.o••··············--•-•···~--·----------------------------- Brewer $ 3 ,900 I $ 3 ,978 ! $ 4 ,058 I $4 ,140 i $4 ,223 !· ·-·-· ·--.-.. ·•·----·----·---.. -·---___ ... _ . .,_ ............ _ .. i ... -.... ·---•-·-........ -..... _ Dante Fascell $ 15 ,600 ! $ 15 ,912 ! $ 16 ,231 . $ 16 ,556 j $ 16 ,887 -.. . --· -· -···-~. ---····--····· --·-· :----------· ---• -----·-· I-··· ---·· Dog Park $ 2,400 i $ 2,448 i $ 2,497 $2 ,547 ! $2 ,598 ............................... ._ ......... r··---·--·-··--···-------·-----·-----•---P .. -•-•------+-----~---···· ...... -········--·-- Fuchs I $ 11 ,700 . $ 11 ,934 I $ 12 , 173 ' $ 12,417 ; $ 12 ,666 Jean Willis M.W . Mobley Building Marshall Williamson Aquatic Center Murray Paseo Palmer South Miami I $ 2,4QQ $ 2,448 I ; ~.-2 ,4Q.9 .. _.. $ 2,448 ·----··r ·--···-------·------ I $ 9 ,750 ! $ 9 ,945 +----··· --···· $ 2,497 $ 2 ,_49,7- $ 10 ,144 . .._L~ __ ?.,§47 __ -1--~ 2 ,59_a __ . $ 2 547 I $ 2 ,598 .. . ---' -.. -............... .l.. .......................................... .. $ 10 347 : $10 ,554 ' -••-•••• --•-•---•-•HrHOOOOOO•-ooooo +o o••-••-••--•-•- ' $ 1 ,836 $ 1 ,873 $ 1 ,911 i $ 1,950 ! 1 ........................ -.. $ 1 ,800 I .................................... -... ,......... ................ ................. ----· -r....... -- $ 2,400 . $ 2,448 $ 2,497 $ 2 ,547 i $ 2 ,598 t ---------------------------------~-·--··· ------·---·---·-----------·-----~-------i-'------ 1 $1 ,013 $ 1 ,034 $ 1 ,055 i $ 1 ,076 I $ 1,098 I -------·-· . ·--~ ------ 1$ 9 ,750 j $9 ,945 1 $ 10 ,144 i '$ 10 ,347 ! $10 ,554 I $ ·~,;2~ 1 $ 4 ,305 $ 4 ,392 ------·-~-------------···-··---·-···-·---······--·-·· $,_A,4~0_ : $ 4 ,570 I Van Smith ' $ 1,013 $ 1 ,034 $ 1 ,055 $ 1 ,076 ; $ 1 ,098 ----,.------➔------- Veterans $ 2,400 $ 2,497 $ 2 ,547 \ $2 ,598 --------+·--·-· VM Robert Welsh $ 2,400 $ 2 ,598 I Total ! $ 76 ,071 $ 77 ,593 '$ 79 ,151 1$ 80 ,737 $ 82 ,355 . $395 ,907 66 of 76 24 of 31 106 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 • 09 FIVE (S) YEAR CONTRACT TOTAL. ALL ZONES BOTH CITY WIDE AND PARKS DIVISION; CYCLE CUTS AND FERTILIZER APPLICATION (A = CITYWIDE LOCATIONS; B = CITYWIDE FERTILIZER APPLICATION; C = PARKS DIVISION A + B + C = TOTAL Year I 103 ,371 $ Year2 $ 105,439 Year3 $ 107 ,555 Year4 (Option) $ 109 ,797 Years (Option) $ 111 ,907 TOTAL 538 ,069 $ SUBMITTED THIS 12th DAY oF May 20 22 . PROPOSAL SUBMITTED BY: Rock and Rose Lawn Care LLC orized to Submit Proposal LJ.-+-H---~- coo Title --------- 786-261-8905 Telephone Number Fax Number ma nag ement@ rockandrosel andscape s.com Ema il Address END OF SECTION 67 of 76 City of South Miami RFP PW2022-09 Citywide Landscape Services 66 25 of 31 107 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 REFER TO "EXHIBIT I, ATTACHMENT A "TECHNICAL SPECIFICATIONS" FOR DETAILS AND REQUIREMENTS FOR EACH ZONE. CYCLE CUTS REQUIRE 30 CUTS PER YEAR, ALL ZONES. FERTILIZER APPLICATION IS APPLIED: THREE (3) TIMES PER YEAR: ALL ZONES, WITH THE EXCEPTION ZONES 4 AND 5 IN THE PARKS DIVISION. PALMER AND. MURRAY PARK WHERE FERTILIZER APPLICATION SHALL BE APPLIED SIX (6) TIMES PER YEAR. RESPONDENTS COST AND TECHNICAL PROPOSAL IS ATTACHED ON THE FOLLOWING PAGES. RESPONDENTS SHALL COM PLETE EXHIBITS, RESPONDENTS COST AND TECHNICAL PROPOSAL IN ITS ENTIRIEY. FAILURE TO DO SO WILL RESULT IN THE SUBMITTAL DEEMED NON- RESPONSIVE AND DISREGARDED FROM FURTHER CONSIDERATION. A. CITY WIDE LOCATIO NS CYCLE CUTS/JO PER ZONEI ZONE2 ZONE3 YER TOTAL YEAR I G 11 1..ofJ -$ I 'Z.1 '-oo . -$ 1. 'l, Y.oo. -$ 2 ,;, "Loo. - ' YEAR2 $ (7.. (oc,O, - J $ --Z.'fJ '-foo -$ 2~Z.oo.-{p1, '2-oo - , YEAR3 $ 1'2, '118 -$ 3o, 2.i2 -$ 7..5 Gf«;c -c;, <t, Z.( <,. -, YEAR4 $ j~J'=,1,3i $ 31 190.'f'-$ 2.(,:, t "J~. (,.5 "t-1 2.'f'Z.. 46 I YEARS $ r~ I f-~ t, , 3 Co $ °51.1 11.~. c1-$ 21, CS']~. ?-2.... 't-">, '-1~ I. 2~ B. FERTILIZER APPILCATION (3) TIMES PER YEAR FERTILIZER . ZONEI ZONE2 ZONE3 APPLICATION TOTAL YEAR I -z.25.-I :Z. ~D. -t'Z.c.,.o. -z_ 7-y-;. - $ $ $ YEAR2 $ 2-3 I . 1.;' $ f 2.'1, 1-. ~o $ 1'2--'t1 -60 Z..fo'Z-1, ~-s YEAR3 $ 7-16.':fo $ (?;,G.. 1~ $ n 1 ". 7-, '2-1 ('2.. t1- YEAR4 $ 2.Lf;~. 6(.. $ l 3>1-<.,, .8Cf $ L 3 -,., · 6'-r 2-11 'i . SL/- YEARS $ Z.~;. 'lA $ l'-il0 .IL-f $ ILf tS . tf "se?B~-52-- 65 of 76 -4111!.f.! City of South Miami RFP PW2022-09 Citywide Landscape Services 67 26 of 31 108 PARKS All America Brewer Dance Fascell Dog Park YEAR I $ ''" 'oa7 - $ lo-5"~ - $ '2-°! "/00 - EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 C. PARKS YEAR2 YEARJ YEAR4 YEARS $ l<..~oo-$ t1-~'-l -$ Ir~ 2.3. 1'2-$ ft3 ~'.:5}. e, I $ toSo:> -$ /0 ~lt; -$ I l 1:3 i -1.f~ $ I! '-frJ. <e,J $ 2.c:i '1;00 -$ Jo 2-0-z.-$ 31 f 'iO-lfC, $ '}2 1'2&. l'f -· ·-----· ----· ---·-·--. -------·-----· --··--. ---- $ t-t-z,.oo --$ '-t Z,00 - --------~-·----. --------· ------· . -~ __ '-±_'?'2-'--$ 4'f7>°.lS _ $ l.f5~Cf .1.ts Fuchs $ l'e,~w-$ t'O 'foo -$ f'i t.f,1-$ ioosi. 0 I $ '11¼ -$ Lft.t>G". 18 $ '1S''6'f. 'f> ·-··---·--··---·· ----- $ B'+ ® -$ 8 Lft>O -$ ~G,,;1...-$ 8111. ~e, $ 4t1B.'1l Je an Willis M.W. Mobley Building .. Marshall Williamson ~--' ':_~~ _:_ ----~-l'Z-to£Oo ----~ ~'l -1_~~ -$ l '3 '> a.1 . .?~ AquaticCenter $ fp;w-$ (pJoo-$ G,<-f~'l-$ l.G.8~-01-$ {,~~4.('o ---------------·-----------------------· --------- Murray _$_&,_~_oo_-____ $ _G._~_oo_-__ ---~-~:J~.!~ ---~-f._~_e>_"s.~1-$ C.~8\.f. t ~ Paseo $ '-t5'2-~ -$ Lf'"{ sr;. 1-B $ '15"81. 4'> $ '2-( f;.70 -$ Z Z. '1-18. o/o $ 2-i..ql.{7.1..1 ---- South Miami $ zc;; '2.00 -$ l ~ 1.oo -$ '2t:i<!f <;:C, -$ z." t>'-t -~~ $ '21 '5'')(,.1'1-_________ ,. ___ ----------- Van Smith I $ '-f '2,-a!) -$ Lf'2-dJ -$ L-iJi&-$ 4LfS5. 1-8 $ '-150"1 .C-f>' •••••••••••• •••,•-•••--• -~·-••rn -· . --····- Veterans I $ 42-~o -$\.uu-$ 4Lf>"f; . ?<'6 $ '-tS tb~ · 'i~ 66 of 76 - SYEAR TOTAL 4111!.f.! City of South Miami RFP PW2022-09 Citywide Landscape Services 68 27 of 31 109 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 FIVE (5) YEAR CONTRACT TOTAL. ALL ZONES BOTH CITY WIDE AND PARKS DIVISION; CYCLE CUTS AND FERTILIZER APPLICATION (A= CITYWIDE LOCATIONS; B = CITYWIDE FERTILIZER APPLICATION; C = PARKS DIVISION A + B + C = TOT AL Year I $ Z~o, 6"Y5 - Year 2 $ z~o, &z.1. 3:;- Year 3 Z'?'l, I'-!'-. 11--$ I Year 4 (Option) $ ZG.~/~ 90 . ~ to Year S (Option) $ Z13/tJIPt. Z.1 TOTAL $ 1/-"ti1 0r{Q, W SUBMITTED TH IS \ '7 DAY OF 'f'/\~~--+------201-l . Title END OF SECTION 67 of 76 -4111~.f.! City of South Miami RFP PW2022-09 Citywide Landscape Services 69 28 of 31 110 ADDENDUM No. I ADDITIONAL COST AND TECHNICAL PROPOSAL April 28,2022 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 The City passed Ordinance No.01-22-2422 which prohibits the use of gas-powered leaf blowers beginning August I, 2023. In the event the Ordinance is rescinded, Respondents are to provide the INCREMETAL AMOUNT OVER your Total Bid amount, ALL ZONES, for the use of gas-powered blowers: POSSIBLE RIENSTATEMENT OF GAS BLOWERS YEAR2 August I, 2023 $ V) I YEAR3 August I, 2024 $ e5 YEAR4 August I, 2025 $ ri I YEARS August I, 2026 $ (;{ I SUBMITTED THIS 17 DAY OF ~i ~'k-PL1J-~J_,t_ ~,llQ(\-\-- Title 2 of 2 -4111~.f.! 29 of 31 111 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 C. PARKS PARKS YEAR I YEAR2 YEARl YEAR4 L YEARS SYEAR ----TOTAL All America $ 4,828.84 $ 4,828.84 $ 4,828.84 $ 4,828.84 $ 4,828.84 ---t , 4,449.43 -, 4,449.43 Brewer $ 4,449.43 $ 4,449.43 $ 4,449.43 Dante Fascell $ 26,662.11 $ 26,66~ 1 $ 26,662.11 $ 26,662.11 $ 26,662.11 Dog Park 1 $~48.39 $ 448 .39 $ 448 .39 $ 448.39 $ 448.39 -- Fuchs I $ 17,245 .87 $17,245.87 $ 17,245.87 $ 17,245.87 $ 17,245.87 Jean Willis t $~ 172 .98 $ 2,172 .98 $ 2,172.98 $ 2,172.98 $ 2,172 .98 M.W. Mobley $ 3,449.17 $ 3,449.17 $ 3,449.17 $ 3,449.17 $ 3,449.17 Building Marshall $ 11,106 .3 4 $ 11,106.34 $11,106.34 $ 11,106.34 $ 11,106.34 Williamson Aquatic Center $ 3,449.17 $ 3,449.17 $ 3,449 .17 $ 3,449.17 $ 3,449.17 Murray $ 10,347.52 $10,347.52 $10,347.52 $ 10,347.52 $ 10,347.52 Paseo $ 931.28 $ 931.28 $ 931.28 $ 931.28 $ 931 .28 Palmer $ 29,559.41 $ 29,559.41 $ 29 ,559.41 $ 29,559.41 $ 29,559.41 South Miami r; 34,491.73 $ 34,491.73 $ 34,491.73 $ 34,491.73 $ 34,491.73 Van Smith $ 3,932.06 $ 3,932.06 $ 3,932.06 $ 3,932.06 $ 3,932.06 Veterans $ 2,035.01 $ 2,035 .01 $ 2,035.01 $ 2,035 .01 $ 2,035 .01 ----- Total I $156,420.00 $156,420.00 $156,420.00 $156,420.00 $156,420.00 $ 782,100.00 66 of 76 30 of 31 112 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 FIVE (5) YEAR CONTRACT TOTAL. ALL ZONES BOTH CITY WIDE AND PARKS DIVISION; CYCLE CUTS AND FERTILIZER APPLICATION (A= CITYWIDE LOCATIONS; B = CITYWIDE FERTILIZER APPLICATION; C = PARKS DIVISION A+ B + C = TOTAL Year I $ 259,779.43 Year 2 $ 259,779.43 Year 3 $ 259,779.43 Year4 (Option) $259,779.43 Years (Option) $ 259 ,779.43 TOTAL $1,298,897.15 SUBMITTED THIS DAY OF ---16 _M_a~y _______ 20.f.2_. PROPOSAL SUBMITTED BY : Superior Landscaping & Lawn Service Inc . 305-634-0717 Company Si u ature Estimating Coordinator T it le Telephone Number 305-634-07 44 Fax Number J0tero@superiorlandscaping.com Email Address END OF SECTION 67 of 76 31 of 31 113 ADDENDUM No. I ADDITIONAL COST AND TECHNICAL PROPOSAL April 28,2022 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 The City passed Ordinance No. 01-22-2422 which prohibits the use of gas-powered leaf blowers beginning August I, 2023. In the event the Ordinance is rescinded, Respondents are to provide the INCREMETAL AMOUNT OVER your Total Bid amount, ALL ZONES, for the use of gas-powered blowers: POSSIBLE RIENSTATEMENT OF GAS BLOWERS YEAR2 August I , 2023 $259,779.43 YEAR3 August I, 2024 $ 259,779.43 YEAR4 August I, 2025 $259 ,779.43 YEARS August I, 2026 $259 ,779.43 SUBMITTED THIS 16 DAY OF May PROPOSAL SUBMITTED BY: Superior Landscaping & Lawn Service Inc. 305-634-0717 Company Jesenia Otero Estimating Coordinator Title 2 of 2 Telephone Number 305-634-0744 Fax Number J0tero@superiorlandscaping .com Email Address RESPONEDNTS 5-YEAR W/ELECTRIC LEAF BLOWER 5-YEAR W/GAS LEAF BLOWER DIFFERENCE ELECTRIC VS GAS BLOWER ROCK & ROSE LAWN $538,069.00 $538,069.00 $0.00 COCO TREE SERVICE $799,775.00 $789,775.00 $10,000.00 BRIGHTVIEW $894,157.65 $894,157.65 $0.00 BELLA FIORE LANDSCAPING $1,227,252.50 $1,224,792.50 $2,460.00 REEF LANDSCAPING $1,257,137.89 $1,244,237.89 $12,900.00 SUPERIOR LANDSCAPING $1,298,897.15 $1,298,897.15 $0.00 SFM SERVICES $1,299,076.20 $1,299,076.20 $0.00 AERO GROUNDTEX $5,430,015.00 NOTE 1: LEAF BLOWER ORDINANCE BEGINS AUGUST, 2023 CITYWIDE LANDSCAPING BID TABULATION SHEET; MAY 17, 2022 NOTE 2: AERO GROUNDTEX BID TABUALTION PRICE IS ONE-YEAR ONLY. CORRECTED FIVE-YEAR TOTAL IS $5,430,015 DID NOT SUBMIT ADDENDUM No. 1 114 BrightView Landscape Services, Inc. 4155 E. Mowry Drive, Homestead, FL 33033 Jeremy Cruz (305) 582-0244 5/17/2022 REQUEST FOR PROPOSAL For “CITYWIDE LANDSCAPING SERVICES” RFP #PW2022 -09 The information in its entirety is proprietary and confidential,used only for the purposes of considering the nature and scope of your business relationship with BrightView.The contents of this Response are not to be shared with any present or future service provider.Retention of this Response to Request for Information signifies your agreement to treat the information as confidential.115 PDF TABLE OF COTENTS SECTION A (PG 1): TITLE PAGE SECTION B (PG 2) : TABLE OF CONTENTS SECTION C (PG 3): COVER LETTER AND EXECUTIVE SUMMARY SECTION D (PG 13): FIRM OVERVIEW SECTION E (PG 15): PERS0NNEL AND REFERENCES SECTION F (PG 19): OTHER RELEVANT EXPERIENCE SECTION GP (PG 21): CITY OF SOUTH MIAMI OFFICIAL DOCUMENTSF PROPOSAL SUBMITTAL CHECKLIST FORM STARTS ON PAGE 23 116 City of South Miami 6130 Sunset Drive, South Miami, FL 33143 Citywide Landscaping Services RFP #PW2022 –09 Dear City of South Miami Thank you for the opportunity to participate in the RFP process for the landscape maintenance for the Citywide Landscaping Services. Our organization is excited for the chance to develop a long-term partnership with the City of South Miami. Large properties requiring quality workmanship and superior customer service have been a staple of our company for many decades.As the largest landscape management service company in Florida and the United States, we will provide the resources and expertise to the City of South Miami for an orderly and professional transition, to a long-term successful partnership with BrightView. Within the scope of a proposal as large as this, we fully realize additional questions, further information and clarifications may be necessary. What this RFP cannot measure is the depth of our commitment to the City of South Miami’s citywide landscaping service to be a proactive, innovative, flexible and solution-oriented partner. BrightView welcomes the opportunity to have further dialogue to develop the best possible solutions for your landscape maintenance needs. Our BrightView team has worked hard to understand and evaluate the specifications and expectations that this RFP outlines. W e understand and acknowledge the specific aspects of the bid package, specifically Exhibit 1, Scope of Services, and Attachments A, B, & C. W e are confident in our ability to service the requirements that are outlined by the City of South Miami and expect to exceed your expectations of service. Authorized representative for BrightView: Charles Gonzalez Senior VP BrightView Landscape Services 4155 E. Mowry Drive Homestead, FL 33033 charles.gonzalez@brightview.com 117 QUALIFICATIONS Company Overview BrightView provides services ranging from landscape maintenance and enhancements to tree care and landscape development for thousands of customers’ properties, including corporate and commercial properties, HOAs, public parks, hotels and resorts,hospitals and other healthcare facilities,educational institutions, restaurants and retail, and golf courses, among others. BrightView is the Official Field Consultant to Major League Baseball and the largest provider in the industry. 45-50%of our business is community associations. History In 2014, Brickman Group,founded in 1939,and ValleyCrest Landscape,founded in 1949,merged and unveiled their new name as BrightView.The name BrightView was created to honor the organization’s legacy brands, founders and people by carrying forward the “B”from Brickman and the “V”from ValleyCrest.BrightView Holdings Inc.is publicly traded under BV. “BrightView reflects our optimism for the future and our drive to create greater value for our clients.It embodies our excitement to leverage the strengths of our combined company to enhance how we care for our people,our clients and our communities.It also enables our team members and clients to take pride in trusted relationships and solutions that matter.” Mission BrightView is the nation's leading commercial landscape company. We take pride in delivering consistently excellent results for clients across the country, throughout the lifecycle of their landscapes. From landscape design to development, maintenance to enhancements,our comprehensive services make your job easy. 118 QUALIFICATIONS WORK RECOVER LEARN LICENCES QUALFICATIONS CERTIFICATIONS DEGREES Maintenance •FNGLA Certified Maintenance Technicians •BMP Train the Trainer Irrigation •Florida Certified Plumbers •Irrigation Association Member •Smart Water Irrigation Pest & Disease •Florida Certified Operators •Florida Certified Applicators •Florida Certified Ag Products Tree Trimming •ISA Certified Master Arborist •ISA Certified Arborist •TCIA Certified Best Management •Florida Friendly Landscaping •Train the Trainer Emergency Response •Certified First Responder •Competent in Training Storm Water •Emergency Recovery •Certified Assessor Safety •State Rules and Regulations •Fall Protection FDOT •Setup Certified •Competent Trainer CPR •First Aid •Instructor OSHA •Hi Lift Certified •Osha –10 card Horticulturalist •FNGLA Certified Technicians Agronomy •BA | As •Florida, Penn State Horticulture •BA | As •Florida, Penn State Business •BA | As •FAU | Florida State Plant Science •BA | As •Florida | Rutgers | Penn State 119 LICENSES & CERTIFICATIONS ATSSA Certified -Temporary Traffic Control Supervisor American Red Cross AED/CPR/ First Aid American Red Cross AED/CPR/ First Aid Instructor OSHA 10 Card –Construction Safety and Health FL Pesticide Applicator Certificate –Registered Tech VCLM –Excavation Safety –Competent Person Training VCLM –Forklift Safety –Trainer VCLM Fall Protection Training VCLM Fall Protection –Competent Person /Trainer Pesticide Applicator Certificate for Lawn and Ornamentals ISA Certified Arborist FL Licensed Tree Expert ISA Certified Arborist Certified Tree Risk Assessor Florida Certified Horticulturist Florida Certified Pesticide Applicator Certified Irrigation Contractor and Certified Landscape Irrigation Auditor by the Irrigation Association which is a national certifying body for the irrigation industry. Average of 30 years of experience in the green industry Degreed horticulturalist Masters of Business Administration 120 BUSINESS TAX 10/23/2009 121 Local Business Tax Receipt Miami-Dade County, State of Florida -TH I S I S NOT A B I LL-D O NOT PAY [LBT] 6 137442 BUSINESS NAIVIE/LOCATION BRIGHTV I EW LANDSCAPE SERVIC ES I NC 4 1 55 E MOWRY DR HOM ESTEAD , FL 33 033 OVVNER BR IG HTVI E W LA N DSCAPE SERVICES INC Emp l oyee(s ) 500 RECEIPT NO . RENEWAL 95349 -~ -, SEC . TYPE OF BUSINESS EXPIRES SEPTEMBER 30 , 2022 M ust be displayed at p l ace of business Pursuant to County Code Chapte r B A -Art. 9 & 10 213 SERV I C E BUSINESS PAYMENT RECEIVED BY TAX COLLECTOR J F 235005 2250 .00 09/08/202 1 INT-21 -377583 This Local Business T a x Receipt only confirms payrnent of the Loc a l Business T a x. The Receipt is not a license. permit. or a certification of the holder's qualifications. to do business . Holder 111ust cornply with any governmental or nongovernmental regulatory laws and requirernents which apply to the business. MIAMI-DADE- C:1:l!Jl'.iil MIIAMI· COUNTY The RECEIPT NO . above rnust be d isp layed on all commercial vehicles -Miami-Dade Code Sec Sa-276. For more information. visit www.miamidade.gov/taxcollector -=-verify US . ' itize11 ·hi p aud TmmiA,>Ta tion Servic -' BrightView ~ La n dscape Services HOW WE MAKE A DIFFERENCE When you partner with BrightView, you have our commitment that we will manage your property and complete work on time and within budget. We provide the right equipment and manpower to perform any landscape project. Our team will take the same ownership, pride in the community and having all local area team members will keep the site in consistently looking like the residents expect. Included in our price are services that are a resource to the community and are of no additional charge for selecting BrightView as your trusted landscape advisor. COMPANY HISTORY | LEGACY 80+ years in the landscape industry: Design | Develop | Maintain | Enhance ACTION PLAN | HORTICULTURAL ASSESSMENT | LANDSCAPE REPORT BrightView follows a written step by step process of how the management of your landscape requirements will be executed. TRAINED SKILLED CLIENT SERVICE TEAMS 800+ Employees in South Florida Trained and Skilled in all levels of landscape management TENURE OF MANAGEMENT STAFF Un-Matched Sixteen (16) year average management tenure in our South Florida Branches. IN HOUSE TECHNICAL SERVICE All of the technical services with regard to managing your landscape will require no third party involvement. BrightView reduce exposure to liabilities COMMUNICATION REPORTING TOOLS A Quality Services Assessment report is provided to you , Irrigation Reports, Fertilization and Lawn and Ornamental Pest reports. Log of our Service Activities DIGITAL ENHANCEMENTS 4 Local Landscape Designers to provide renderings of landscape improvements EMERGENCY STORM PLANNING With over 3000 employees in Florida we have proven that we are uniquely qualified to mobilize for hurricane recovery. 122 BRIGHTVIEW PLANNINNG, APPROACH, AND METHODOLOGY Introduce BrightView personnel to all facilities personnel and provide contact information BM will assist in developing the necessary communication channels to help expedite a smooth transition to begin initial work AM and PM will communicate set up process with Customer Take a site tour with all personnel involved Meet with management to discuss areas of immediate attention and concern Discuss with management our QSA program and set up walk schedules Develop schedule for daily, weekly and monthly meetings and property walks; set up reporting formats Provide monthly operation schedule and maps to management Take soil samples to apply to agronomy program Develop a Quality Site Assessment (QSA), add any areas of improvement or concern that need to be addressed over the next several months Begin daily, weekly and monthly operations Account Manager, Production Manager to train crews on best practices for property and adjust mapping system for personnel if necessary BM to spend time with crews for learning curve from startup of operations. They will assist crews in training, creating schedules, and procedures for communicating with the client Follow up on all first month operations. Check on pruning techniques and detail operations Adjust on site personnel schedules to insure we are addressing daily operations Walk daily and continue to work off of initial QSA Schedule winter turf applications based off of initial soil samples Follow up and continue to improve daily, weekly and monthly operations Adjust communication with Community Staff management Locate areas of weed issues and address immediately Meet with management to discuss wins and opportunities of first 30 days of service Make any adjustments to schedules to keep on right track Continue monitoring crews on all services and make adjustments Continue training crews and work on efficiencies Walk property and complete new QSA within first 45 days of service Monthly visits from BM to assess property and meet with Community Prepare mow, detail, and spray schedules leading into the fall/winter season BM to visit property and provide first report on agronomy program First 30 Days of Service Next 30-45 Days of Service 30 Days Prior to Service 123 PATH OF MOTION TO SERVICES –JOB SEQUENCING SAMPLE •Review Parking / Fueling / Break / Lunch Areas •Highlight Starting and Stopping Points •Mow Areas •Trimming & Pruning Areas 124 STAFFING PERSONNEL Job Descriptions Branch Manager –Jenna Crawford–Oversees all Branch operations within including labor, equipment, customer service, safety and all administrative functions. Assistant Branch Manager ––Oversee Branch Account Manager to ensure quality and labor Office Manager –Maria Fundora –Implements the day-to-day tasks of managing customer service, directing calls, billing, and emergencies. Sr. Account Manager / Program Managers -As Davis Mendoza the primary customer contact, the AM develops and maintains schedules for maintenance work and ensures compliance to job specifications and quality control standards; proactively communicates to customer and BrightView team members. Crew Leader –Schedules the workload for their crew and ensures the readiness of workers, tools and materials.; maintains safe-working conditions at all times, including job site and crew operation. Agronomic Technicians –The agronomic technician is licensed and knowledgeable in the safe application of fertilizers, insecticides, herbicides, and fungicides. Enhancement Manager –Ramiro Fernandez Designs and selects premium Plants for renovations; purchases plant materials and prepares project for installation; monitors proper planting procedures and color over the life of the project. Irrigation Technicians –Carlos Victoria Monitors inspections, irrigation checks, cleaning, repairs, and adjusting of your irrigation system; generates reports to identify repairs, consumption use requirements, and upgrades. Irrigation Assistant –Assists in the daily management of the irrigation system and performs repairs and adjustments, and monitors malfunctions and potential leaks. Arbor Manager –Jason Anderson assists in the Trained Gardeners –Responsible for daily compliance of job specifications and quality standards; knowledgeable in all materials, equipment, and safety programs; proactively deals with potential problems, ensures safe working conditions at job site and identifies potential liabilities on the property. 125 CURRENT AND PRIOR EXPERIENCE BrightView is the nation’s leading commercial landscape company. We take pride in delivering consistently excellent results for clients across the country, throughout the lifecycle of their landscapes. Project Name: Right of ways, Medians, Facilities & Parks landscape Maintenance Owner: City of Mirarmar Contract Amount: $250,000 (+) Percentage complete: 100% Percentage of subcontracted work: 0% Project Name: Landscape Maintenance of Boardwalks, Medians & Bumpouts Owner: City of Miami Beach Contract Amount: $1,000,000 (+) Percentage complete: 100% Percentage of subcontracted work: 0% Project Name: Landscape Maintenance of medians, right of ways, swales, common areas Owner: Ocean Reef Community Association Contract Amount: $1,500,000 (+) Percentage complete: 70% Percentage of subcontracted work: 0% Project Name: Landscape Maintenance of medians, right of ways, swales, common areas of the POA Owner: Harbor Islands POA Contract Amount: $1,400,000 (+) Percentage complete: 50% Percentage of subcontracted work: 0% Project Name: Landscape Maintenance of medians, right of ways, swales, common areas of the Town Owner: Town of Surfside Contract Amount: $400,000 (+) Percentage complete: 90% Percentage of subcontracted work: 0% Project Name: Landscape Maintenance of Parks, Sports Turf Owner: Town of Miami Lakes Contract Amount: $400,000 (+) Percentage complete: 60% Percentage of subcontracted work: 0% Project Name: Landscape Maintenance of Parks, Sports Turf Owner: City of Weston Contract Amount: $1,000,000 (+) Percentage complete: 40% Percentage of subcontracted work: 0% Project Name: Landscape Maintenance of Parks, Sports Turf Owner: Town of N Miami Beach Contract Amount: $400,000 (+) Percentage complete: 70% Percentage of subcontracted work: 0% Project Name: Landscape Maintenance of ROW’s, Biscayne Blvd, Parks, Sports Turf Owner: City of Aventura Contract Amount: $2,000,000 (+) Percentage complete: 50% Percentage of subcontracted work: 0% 126 FIRM OVERVIEW BrightView Landscape Services, Inc. Jeremy Cruz (Business Developer) Jeremy.cruz@brightview.com 4155 E. Mowry Drive, Homestead, FL 33033 Phone: 954-593-2386 Fax:305-258-0809 127 FIRM OVERVIEW •Names: BrightView Landscape Services, Inc. BrightView Landscapes, LLC BrightView Enterprise Solutions, LLC 8191 NW 84th Street Medley •270 Gardeners •22 Supervisors •20 Certified Technicians 4155 East Mowry Drive •250 Gardeners •25 Supervisors •10 Certified Technicians 6941 SW 196th Ave Pembroke Pines •150 Gardeners •10 Supervisors •4 Certified Technicians 440 Sawgrass Corporate Parkway Sunrise •180 Gardeners •9 Supervisors •5 Certified Technicians •South Florida Office Locations: •Website: https://www.brightview.com/ •Business Structure: Corporation •Date Founded: 1939 •Home:980 Jolly Rd #300, Blue Bell, PA 19422 (484)567-7204 •Local:4155 East Mowry Drive, Homestead, FL 33033 •Outstanding Litigation: None Outstanding and nothing to jeopardize the performace of this contract. In the ordinary course of our long history as a nation-wide provider of landscaping services, we have been involved in legal proceedings relating to our business. •Implement Services Time: within 30 days 128 CITY OF SOUTH MIAMI PERSONNEL Your point of contact: Account Manager Davis Mendoza. Davis currently manages landscape maintenance business for Baptist Hospital. Davis has been involved in maintenance, agronomics and irrigation services within all of his property responsibilities. Mr. Mendoza has been part of the BrightView family for over 3 years and has over 15 years experience in the industry. Key Responsibilities: Armando will be the main point of contact. He will oversee the production manager, the irrigation technician, and the chemical technician. He will also work hand-in-hand with the certified arborist, the arbor crew and will coordinate our enhancement manager for the large projects. He will be holding weekly meetings with the key personnel to make sure that items from our Quality Site Assessment are being addressed on a regular basis and to make sure we are exceeding Community Expectations. Additional contact: Branch Manager Jenna Crawford. Jenna currently manages landscape maintenance business throughout Miami. Jenna has been involved in maintenance, agronomics and irrigation services within her responsibilities. Mrs Crawford has 13 years experience in the industry and is a graduate of horticulture from Kansas State University Key Responsibilities: Jenna will ensure Davis and his team are performing to property expectations. With regular walks of the site, she will assist in the quality site assessments that make your landscape site thrive. 129 SOUTH MIAMI SERVICE TEAM City of South Miami Management BRANCH MANAGER Jenna Crawford IRRIGATION MANAGER Carlos Victoria AGRONOMICS MANAGER(s) Jonathon Duarte & Jean Beauvis ARBOR MANAGER Jason Anderson Technicians Certified Pest Operators Trimmers Climbers ACCOUNT MANAGER Davis Mendoza BRANCH ADMINISTRATOR Maria FundoraSUPPORT SERVICE SUPPORT VP, GENERAL MANAGER Jose Zepeda ENHANCEMENT MANAGER Ramiro Fernandez & Ray Ramos On-Site Team Production Manager CERTIFIED LANDSCAPE DESIGNERS Melinda Wooten Corine Ferre PRODUCTION MANAGER Grounds menCertified Pest ApplicatorsLabor Crew Leaders Labor ASST BRANCH MANAGER 130 SOUTH MIAMI RESOURCES Enhancement Manager Ramiro Fernandez is the Enhancement Manager for our South Florida Branches. Ramiro has been involved in maintenance and irrigation management throughout the years, but his true passion is landscape design, renovation and installation. Mr. Fernandez has been part of the BrightView family for over 15 years and has more than 20 years’ experience in the industry. Ramiro has been running the Enhancement Division for BrightView for over 8 years now and has provided major renovations for partners like City of Weston, Williams Island, West Lake Village, Forest Ridge, etc. Outside of work Ramiro spends most of his time with his six children and when he does find a little free time he is working on cars as he ‘has a need for speed. Irrigation Manager Qualifications: Carlos Victoria has over 29 years working in the construction / Irrigation industry. As founder of Victoria Construction (1993) and Central Irrigation (2007) has provided him a wide range of experience in the Construction and Irrigation field. With a passion for the irrigation industry, Carlos came on board to ValleyCrest today’s (Brightview Landscape Maintenance) in 2009. Today, he serves as the South Florida Regional irrigation Advisor for the company. As an Irrigation contractor/designer, he has developed interest in the water conservation field, becoming a leader using smart irrigation advanced technology for water conservation purposes. General Contractor NY lic: H-07073 Lawn Sprinkler License Miami FL: 07P000163 Lawn sprinkler License Broward : cc# 08-CLS-14754-R Backflow Tester License: H-03178 State of Florida Plumbing License: CFC1429383 Education: Carlos Victoria has received an engineering degree from CUNY University and currently possess and holds various contracting licenses in the State of Fl and NY. Currently he is a Member of the Irrigation Association and other irrigation affiliations. 131 MUNICIPAL REFERENCES Project Name:City of Weston Roadways Address: Weston Years of Service:15+ years Contact: Thaddeus Bielecki Phone: 954-389-4321 Email: tbielecki@westonfl.org Area A: Full Service Landscape Maintenance Project Name:City of Aventura Address: Aventura Years of Service:22+ years Contact: Alan Levine Phone: 305-466-8931 Email: Levinea@cityofaventura.com Biscayne Blvd, Parks, Government Center & Schools, All Right of Ways Project Name:Village of Bal Harbour Address: Bal Harbour Years of Service:8+ years Contact: Jason Atkinson Phone: 305-993-7334 Email: jatkinson@balharbourfl.gov Village Wide Landscape & Beach Areas 132 MUNICIPAL REFERENCES Project Name:Bay Harbor Islands Landscape Address: Bay Harbor Islands Years of Service:10 years Contact: Doug Armstrong Phone: 305-866-6241 Email: darmstrong@bayharborislands-fl.gov Townwide Landscape Maintenance Project Name:City of Weston Parks Address: City of Weston Years of Service:2+ years Contact: Catherine Flenniken Phone: 864-884-0699 Email: cflenniken@westonfl.org Park Maintenance and Sports Fields: specialty turf 133 DOCUMENTS CITY OF SOUTH MIAMI REQUIRED DOCUMENTATION TO FOLLOW 134 SUPPLEMENTAL INSTRUCTIONS AND RESPONSE TO THE SOLICITATION FORMAT FOR RESPONDENT CITYWIDE LANDSCAPING SERVICES RFP #PW2022 - 09 1.Format and Content of RFP Response Firms responding to the Solicitation must disclose their qualifications to complete the project as described in Exhibit 1, Scope of Services, Attachments A, B, & C for the City in the format set forth below. Failure to provide requested information may result in your Response to the Solicitation being deemed non-responsive and therefore eliminated from further consideration. A.Title Page Show the name of Respondent’s agency/firm, address, telephone number, name of contact person, date and the subject: REQUEST FOR PROPOSAL For “CITYWIDE LANDSCAPING SERVICES” RFP #PW2022 - 09. B.Table of Contents Include a clear identification of the material by section and by page number. C.Cover Letter and Executive Summary This letter should be signed by the person in your firm who is authorized to negotiate terms, render binding decisions, and commit the firm’s resources. Summarize your firm’s qualifications and experience to serve as the City Bus Bench Advertising and Services provider, and your firm’s understanding of the work to be done and include a commitment to perform the work in accordance with the terms of the Response to the Solicitation being submitted. This response should emphasize the strength of the firm in any relevant areas which you feel the City should weigh in its selection process. Response to the Solicitation: This section should summarize the key points of your submittal. Limit to one (1) to TEN (10) pages. Includes the Cover Letter and Executive Summary. Response to the Solicitation must include the following. 1.Respondent’s qualifications to perform the services detailed in Exhibit 1, “Scope of Services, Attachments A, B & C.” 2.Detailed work plan/project approach and schedule designed to accomplish the objectives of the proposed project in a timely manner. 3.A list of the executive and professional personnel that will be employed in this engagement and their experience with similar engagements, including the percentage of project time projected to be spent by each person. 4.In addition to submission of the “RESPONDENTS QUALIFICATION STATEMENT” found in the RFP detailing Respondent’s experience with engagements of a similar scope including a summary of prior work experience and competence in undertaking engagements of this type. Experience shown should be of the lead project personnel who will be assigned to the City’s project and will routinely be interfacing with the City. 13 of 76 135 D.Firm Overview State the full legal name and organizational structure of the firm. Describe the ownership structure of your firm. State the location of the office that will be serving the City including mailing address and telephone numbers. a.Name of Firm submitting responding to the Solicitation. b.Name and title of individual responsible for the submittal. c.Mailing and e-mail addresses. d.Telephone and facsimile numbers. E.Personnel and References Identify the primary individuals who will provide services to the City with regard to the day- to-day relationship with the City and include a brief resume for each of the primary individuals including licenses and certifications held by those individuals. Provide a list of five clients the firm has worked with in the last 36 months. Indicate the firm’s experience with clients within the State of Florida and provide a brief description of the type of services provided as well as the names, titles, addresses and telephone numbers of those primarily responsible for the account. In addition to the day-to-day relationship, please provide information regarding the firm’s and individual’s experience with engagements which are similar to the project contemplated by the City. Finally, provide specific services required to complete this engagement that are provided by your firm, through subcontractors or subconsultants. F.Other Relevant Experience Provide a description of your proposed primary individuals’ relevant experience over the last three years with other cities and counties that you believe are relevant to this proposed engagement. Include three case studies, if available, that illustrate experience with relevant services where the proposed primary individuals have served for similar engagements as proposed by the City detailed in the Scope of Services in this RFP. Please limit your response in the Sections, “D,” “E,” & “F.” to SEVEN (7) pages. END OF SECTION 14 of 76 136 PROPOSAL SUBMITTAL CHECKLIST FORM CITYWIDE LANDSCAPING SERVICES RFP #PW2022 - 09 This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this Solicitation. The response must include the following items: Attachments and Other Documents described below to be Completed IF MARKED WITH AN “X”: Check Completed. X The City will only receive submittals online and electronically through the Demand Star Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ The City, at its discretion, may request hard copies of proposals received from a specific Respondent or all Respondents. X SUPPLEMENTAL INSTRUCTIONS found prior to the PROPOSAL SUBMITTAL CHECKLIST FORM. X Indemnification and Insurance Documents EXHIBIT 2 X Respondents Bid Form. EXHIBIT 3 X Respondents Cost & Technical Proposal, EXHIBIT 4 X Signed Contract Documents EXHIBIT 6 X Respondents Qualification Statement X List of Proposed Subcontractors and Subconsultants and Principal Suppliers X Non-Collusion Affidavit X Public Entity Crimes and Conflicts of Interest X Drug Free Workplace X Acknowledgement of Conformance with OSHA Standards X Affidavit Concerning Federal & State Vendor Listings X Related Party Transaction Verification Form X Presentation Team Declaration/Affidavit of Representation Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. END OF SECTION 17 of 76 PDF PAGE NUMBERS 21 24 31 39 43 48 51 52 54 56 57 58 59 66 137 138 Insurance EXHIBIT 2 CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 Insurance & Indemnification Requirements A Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) must procure and maintain at its own expense during the life of the Contract, insurance of the types and in the min imum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami , whether such claim is against the FIRM or any sub-contractor/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 . B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization is at the CITY 's sole and absolute d iscretion . The FIRM must purchase insurance from and must maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum , from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Sub-contractor/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: {a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury , occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages , other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from ; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor veh icle ; (g) claims for bod ily injury or property damage arising out of completed operations; and (h) cla ims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm's Insurance Generally. The FIRM must provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended , and all applicable federal laws . In addition, the policy {ies) must include Employers' Liability at the statutory coverage amount. The FIRM must further ensure that all of its Sub-contractor/sub-consultants maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severabil ity 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; • Med ica l Insu r ance: $5 ,000 per person ; 58 of 76 139 • Property Damage : $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: • Premises and Operation • Independent Contractors • Products and/or Completed Operations Hazard • Explosion, Collapse and Underground Hazard Coverage • Broad Form Property Damage • Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. • Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: • Owned Vehicles . • Hired and Non-Owned Vehicles • Employers' Non-Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract must contain the same insurance provision as set forth in these insurance and indemnification requirements , other than the Fire and Extended Coverage Insurance and substituting the word Sub-contractor/sub-consultant for the word FIRM where applicable . Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE: A In the event that this contract involves the construction of a structure, FIRM must maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage , while in the course of construction, including foundations, additions , attachments, and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies must also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy must be in the name of the CITY and the CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub- contractor/sub-consultants performing Work. B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it would be clearly not applicable. 59 of 76 140 Miscellaneous: A If any notice of cancellation of insurance o r change in coverage is issued by the insurance company or should any insurance have an expiration date that w ill occur during the period of th is contract, the FIRM Is responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to prov ide continuous coverage as specified in this sec t ion and so as to ma intain coverage du r ing the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM must elim inate or r educe such deductible or the FIRM must procur e a Bond , in a form satisfactory to the CITY covering the same. C. The policies must contain waiver of subrogation against CITY where applicable, must expressly provide that such policy or policies are primary over any other collectible 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 must contain a "severability of interest" or "cross liability " clause without obligation for premium payment of the CITY as well as contractual liability provision covering FIRM 's duty to indemnify the City as provided in this Agreement. D . Before starting the Work, the FIRM must deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer must be rated A.VII or better per AM . Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to prov ide a "certified copy " of the Policy (as defined in Article I of this document) which must include the declaration page and all required endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance certificate, the following endorsements : (I) a policy provision or an endorsement with substantially similar provisions as follows : "The City of South Miami is an additional insured . The insurer must pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage', or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved fo r ms for commercial general liabil ity coverage A and cove r age B"; (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy must not be cancelled (including cancellation for non-payment of premium), terminated, or materially modified without first giving the City of South Miami ten ( I 0) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any r eason . The notification must be delivered to the City by ce r tified mail, with proof of delivery to the City." €-: If the FIRM is providing professional services , such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM must also provide 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 becomes legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents , rep r esentatives, Sub Contractors or assigns , or by any person employed or retained by him in connection with this Agreement. This insurance must be ma intained for fou r years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purch ase Specific Pr oject Professional Liabil ity Insu ra nce, in the amount and under the terms specified above, which is also acceptable. No insurance may be 60 of 76 5/16/2022 141 Holder Identifier : 7777777707070700077761616045571110746537336116654007673104741724022070651546366200330765273423377500207245275402237513073061117761565100756773742702667507045036442377302076727242035772000777777707000707007 7777777707070700073525677115456000773100503533007407724015560365570070336223125335000746233631743755507473336642522005075232366071331040753633375306741007123722307133004077756163351765540777777707000707007Certificate No :570084237197CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 09/30/2020 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER Aon Risk Services Northeast, Inc. New York NY Office One Liberty Plaza 165 Broadway, Suite 3201 New York NY 10006 USA PHONE (A/C. No. Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 22667ACE American Insurance CompanyINSURER A: 26247American Guarantee & Liability Ins CoINSURER B: INSURER C: INSURER D: INSURER E: INSURER F: FAX (A/C. No.):(800) 363-0105 CONTACT NAME: BrightView Landscape Services, Inc. 980 Jolly Road Suite 300 Blue Bell PA 19422 USA COVERAGES CERTIFICATE NUMBER:570084237197 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.Limits shown are as requested POLICY EXP (MM/DD/YYYY) POLICY EFF (MM/DD/YYYY) SUBR WVD INSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X X X GEN'L AGGREGATE LIMIT APPLIES PER: $2,000,000 $2,000,000 $10,000 $2,000,000 $5,000,000 $5,000,000 Pesticide/Herbicide Applicator Coverage A 10/01/2020 10/01/2021 SIR applies per policy terms & conditions XSLG71080961 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X BODILY INJURY (Per accident) $5,000,000A10/01/2020 10/01/2021 COMBINED SINGLE LIMIT (Ea accident) ISA H25260119 EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $3,000,000 $3,000,000 10/01/2020UMBRELLA LIABB 10/01/2021AUC508596816 RETENTION X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $2,000,000 X OTH- ER PER STATUTEA10/01/2020 10/01/2021 WC - AOS SCFC50803880A 10/01/2020 10/01/2021 $2,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / AN WC - WI WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $2,000,000 WLRC50803867 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Evidence of Insurance. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVEBrightView Landscape Services, Inc. 980 Jolly Road, Suite 300 Blue Bell PA 19422 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 142 Form W-9 Request for Taxpayer Give Form to the (Rev. Oclober 2018) Identification Number and Certification requester. Do not Department of the Treasury ► Go to www.lrs.gov/FonnW9 for instructions and the latest information.send to the IRS. Internal Revenue Service 1 Nam e (as shown on your Income tax return). Name Is required on this line; do not leave this line blank. BriahtView Landscaoe Services, Inc. 2 Business name/disregarded entity name, If dijferent from above ri a, 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1. Check only one.of the 4 Exemptions (codes apply only to C> following seven boxes.cer1ain ent�kls, not Individuals; see Instructions on page 31: C D lndlvlduaVsole proprietor or 0 C Corporation D S Corporation D Partnership D Trust/estate 0 . ., slngle-member LLC Exempt payee code (n any) a, C ii D Umtted liability company. Enter the tax classlflcatlon (C=C corporation, S:S corporation, P=Partnershlp) ► 2i Note: Check the appropriate box In the Hne above for the tax classification ol the single-member owner. Do not check Exemption from FATCA reporting LLC If the LLC is classllled as a single-member LLC that Is disregarded from the owner unless the owner of the LLC Is ·2 .s anolher LLC that Is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC thal code QI any) a. u Is disregarded from the owner should check the appropriate box !Of the tax classification of Its owner. D Other (see Instructions)► w,pJlt;S to«cour,tl �0Ua.'d9 rtw U.S, i 5 Address (number. street. and apt. or suite no.) See Instructions. Requester's name and address (optlonaij Sl P.O. Box 7406556 Chy, state, and ZIP code Atlanta GA 30374-0655 7 List account number(s) here (optional) ■':J:l -■Taxpayer Identification Number ITIN) I Social security number I Enter you� TIN In the appropriate box. The TIN provided must match t�e name given on line 1 to avoid backup withholding. For fndlvlduals, this Is generally your social security number (SSN). However, for a [IIJ [I] I I I I I resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other -- entitles, It Is your employer Identification number lEIN). If you do not have a number, see How to get a ��-�--� TIN, later. or· Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and !FEm=-""'pl,...oy_e_r-=-ld.,...e_n.,.,Ufl"'ca---,,U-on-nu_m_b,...e_r ___ _, Number To Give the Requester for guidelines on whose number to enter. 95 -4194223 Certification Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer identllicatlon number (or I am waiting for a number to be issued to me): and 2.I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal RevenueService (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c} the IRS has notified me that I am no longer subject to backup withholding; and 3.I am a U.S. citizen or other U.S. person (defined below): and 4.The FATCA code(s} entered on this form (ii any) indicating that I am exempt from FATCA reporting is correct. Certification instractions. You st cross oul item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all int est d dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of ec property, ca llation of d t, ntributions to an individual retirement arrangement (IRA), and generally, payments other than interast and divid s, you not requi the • ication, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Slgnatunt of U.S. penson ► General lnstructi Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest Information about developments related to Form W-9 and its Instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity jForm W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN} which may be your social security number (SSN}, individual taxpayer Identification number (ITIN). adoption taxpayer Identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information retum. Examples of information returns Include, but are not limited to, the following. • Form 1099-INT (interest eamed or paid) Cat. No. 10231X Date► \ 2-1 2022 • Form 1099-DIV (dividends, including those from stocks or mutualfunds) • Form 1099-MISC (various types of income, prizes, awards, or grossproceeds) • Forn 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Forrr 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan Interest),1098-T (tuition) • Form 1099-C jcanceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (Including a residentalien), to provide your correct TIN. If you do not retum Form W-9 to thtt requester with a TTN, you might be sutfect to backup withholding. See What is backup withholding, later. Form W-9 (Rev. 10-2018) 143 LBTLocal Business Tax Receipt Miami-Dade County, State of Florida -THIS IS NOT A BILL - DO NOT PAY BUSINESS NAME/LOCATION RECEIPT NO. EXPIRES Must be displayed at place of business Pursuant to County Code PAYMENT RECEIVED BY TAX COLLECTOR Chapter 8A - Art. 9 & 10 OWNER SEC. TYPE OF BUSINESS For more information, visit www.miamidade.gov/taxcollector The RECEIPT NO. above must be displayed on all commercial vehicles - Miami-Dade Code Sec 8a-276. This Local Business Tax Receipt only conrms payment of the Local Business Tax. The Receipt is not a license, permit, or a certication of the holder’s qualications, to do business. Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. INT-21-377583500Employee(s) 6137442 BRIGHTVIEW LANDSCAPE SERVICES INC 4155 E MOWRY DR HOMESTEAD, FL 33033 2250.00 95349 213 SEPTEMBER 30, 2022 JF235005 SERVICE BUSINESS RENEWAL 09/08/2021 BRIGHTVIEW LANDSCAPE SERVICES INC 144 145 EXHIBIT 3 CITYWI DE LANDSCAPING SERVICES RFP #PW2 0 2 2 -09 RESPONDENTS BID FORM THIS PROPOSAL IS SUBMITTED TO: Sha r i Kamali City Manage r City of South Miami 6 130 Sunset D r ive South Miami , FL 33143 I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the fo r m included in this Solicitation Package and to perform and furnish all work as specified o r indicated in this Sol icitation, including as set forth in Ex hi b it I (Scope of Services, Attachments A, B & C) for the Proposed Pr ice as set forth below, within the Contract Time and in acco r dance with the other terms and conditions of the Solicitation Package . 2. Respondent accepts all of the terms and conditions of the So licitation and Instructions to Respondents, including w ithout limitation those deal ing with the disposition of Proposal/Bid Bond, if required . This Proposal w ill remain subject to acceptance for 18 0 calendar days after the day of the Pr oposal O pening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with ap p ropriate changes to conform to the information contained in this Bid Form . Respondent agrees to sign and su b mit the Bonds, if required by this Solicitation, required insurance documents, and other d ocuments required by the Solicitation, including the C ontr act if not alre ady submitted, within ten ( I 0 ) ca lendar days after the date of the City 's Notice of Award . 3 . In submitting this Proposal, Respondent represents that: a. Respondent has exam ined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged .) Addendum No. I a nd 2 Dated : 4/28 /2022 a nd 5/4/2022 b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, locality, and all local cond itions and laws and regulations that in any manner may affect cost, pr ogr e s s, performance o r furnishing of the W ork. c. Subsurface conditions: If applicable to this Solicitation , the Respondent represents that: i. Respondent has carefully studied all reports and d r awings , if applicable, of subsu r face conditions and d r awings of phys ical conditions . ii. Respondent has obtained and carefully stud ied (o r assumes responsibility for obtaining and carefully studying) all such e x aminations, investigations, explorations, tests and studies in addition to or to supplement those referred to in this paragraph which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, prog ress, performance, or the furnishing of the Work at the Contract Price, within the Contract Time and in accorda nce w ith the other terms and conditions of the Contract Documents . The Respondent hereby acknowledges that no additional examinations, in vestigations, e x plo ra tions, tests, reports o r similar information or data a r e, or w ill , be r e qu ired by Respondent for any reason in connection with the Proposal. The fa ilure of the Respondent to r equest a pre-bid marking of the constr uction site by any or all utility companies will create an irrefutable presumption that the Respondent's bid, or proposal price, has taken into consideration all possible underground conditions and Responden t , if awarded the contract, will not be entitled to a change order fo r any such condition discovered thereaft er. ii i. Respo ndent has correlated the results of all such observations, examinations, investigations, e x plorations, tests, reports a nd stud ies with the terms and conditions of the Contract Documents. 62 of 76 146 iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation Package or in the Contract Documents with respect to existing Underground Facil ities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contr act Time and in acco r dance with the other terms and conditions of the Contract Documents unless the Proposal specifically states that the contract price is subject to adjustment for future d iscovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above, d . Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract D ocuments and, if any conflicts, errors or discrepancies have been found and notice given , the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e . This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person , firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation ; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respond ent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY . 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all the Work complete and in place. The Schedule of Values, if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it will form the basis for calculating the pricing of change orders. The Contract Price may not be adjusted in any way to result in a deviation from the Schedul e of Values, except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such, the Respondent must furnish all labor, materials, equipment, tools, superintendence, and services necessary to provide a complete, in place, Project for the Proposal Price. If this Solicitation requires the completion of a Respondent Cost and Technical Proposal , as may be set forth in an exhibit to this Solicitation, such proposal must be attached to this Bid Form and will take the place of the Lump Sum Price, otherwise, the Contract Price for the completed work is as follows: PLEASE REFER TO EXHIBIT 4, RESPONDENTS COST & TECHNICAL Failure to provide EXHIBIT 4, RESPONDENTS COST & TECHNICAL PROPOSAL will render the proposal non-responsive. 5. The ENTIRE WORK for project in accordance with Exhibit I, Scope of Services, Attachments A, B & C shall be completed, in full. within N/A from the Commencement Date set forth in the NOTICE TO PROCEED . Fa ilure to complete the entire work during the described time will result in the assessment of liquidated damages as may be set forth in the Contract. 6 . Insert the following information for future communication with you concerning this Proposal : RESPONDENT: Bright View Landsca pe Services, In c. Address : 4 155 East Mowry Dri ve, Homestead , FL 33033 Telephone: 786-999-4048 Facsimile : jen na.crawford@brighlview.co m 305-258-0809 Contact Person Je n na Crawford Branch Manager 7 . The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in th is Solicitation Package . 8. If a Respondent 's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies under penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical Proposal , if such an exhibit is made a part of the Solicitation. are true and correct and are hereby adopted as part of this Respondents Bid Form , and are made a part of this proposal, by reference . 63 of76 147 9. This proposal is submitted by Jeremy Cru z whose address is 4155 Eas t Mowry Drive, Ho mes tea d , FL __________ , whose telephone number is 95 4-593-2386 , whose fax number is 305-258 -0809 , whose email address is je remy.c ru z@bri ghtv iew.co m and whose authorized representative signing this Bid Form is Charl es Go nza lez whose title is SVP I 0. By submitting this proposal, I, for myself and on behalf of the business that I represent, hereby agree to the terms of the form of contract contained in the Solicitation package and agree to be bound by those terms, with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information contained in the So licitation Documents and this Proposal , or such information that the City and I have agreed upon in the course of contract negotiations and that has been confirmed by the C ity in writing, including e-mail confirmation, if any. I hereby certify under penalties of perjury that I am the lawful repre sentative of the business entity referenced in this Bid Form, that I have authority to bid for that entity, that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information and representations contained herein are true and correct. Signature: CL ~ D"e of Exerncioo, __ 5_1_16_1_20_2_2 _______ _ Charl es Go nza lez SVP [Print signatory's name] END OF SECTION 64 of 76 ADDENDUM No. #1 Project Name: CITYWIDE LANDSCAPING SERVICES RFP NO. PW2022 - 09 Date: April 28, 2022 Sent: Fax/E-mail/webpage This addendum submission is issued to clarify, supplement and/or modify the previously issued Solicitation, 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. Attached to Addendum No. 1 is an “Additional Cost and Technical Proposal” that shall be a part of this solicitation by way of reference and is required to be submitted with the Respondents submittal: The City passed Ordinance No. 01-22-2422 which prohibits the use of gas-powered leaf blowers beginning August 1, 2023. In the event the Ordinance is rescinded, Respondents are to provide INCREMENTAL AMOUNT OVER your Total Bid amount, ALL ZONES, for the use of gas-powered blowers. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. 1 of 2 148 ADDENDUM No. 1 ADDITIONAL COST AND TECHNICAL PROPOSAL April 28,2022 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 – 09 The City passed Ordinance No. 01-22-2422 which prohibits the use of gas-powered leaf blowers beginning August 1, 2023. In the event the Ordinance is rescinded, Respondents are to provide the INCREMETAL AMOUNT OVER your Total Bid amount, ALL ZONES, for the use of gas-powered blowers: POSSIBLE RIENSTATEMENT OF GAS BLOWERS YEAR 2 August 1, 2023 $ YEAR 3 August 1, 2024 $ YEAR 4 August 1, 2025 $ YEAR 5 August 1, 2026 $ SUBMITTED THIS DAY OF 20____. PROPOSAL SUBMITTED BY: Company Telephone Number Name of Person Authorized to Submit Proposal Fax Number Signature Email Address Title 2 of 2 149 ADDENDUM No. #2 Project Name: CITYWIDE LANDSCAPING SERVICES RFP NO. PW2022 - 09 Date: May 4, 2022 Sent: Fax/E-mail/webpage This addendum submission is issued to clarify, supplement and/or modify the previously issued Solicitation, 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 #1: Could you provide the bid tabulation sheet showing the current contract prices? RESPONSE: Attached is the Bid Opening Report for RFP #PW2017-09. QUESTION #2: Is there is bid bond and/ or and payment and performance bond required for RFP PW2022-09? RESPONSE: Bid, Performance and Payment Bonds are not required. QUESTION #3: Is there a tree and palm count/inventory of each zone? RESPONSE: No, a tree and palm count are not available. QUESTION #4: Zone 2, US1 the landscape in the median is overgrown and not in the best of shape. Will the City allow the contractor to quote separately for an initial clean up maintenance cut? RESPONSE: The City will allow the contractor to quote a onetime clean up maintenance at the start of the contract for Zone 2 1 of 3 150 QUESTION #5: Please confirm litter control is only performed 30 times per year on day of cuts. RESPONSE: Correct. Complete removal of leaves, litter, debris, etc. is conducted prior to the mowing/cuts occurring and limited to only 30 times per year on the day of cuts. QUESTION #6: Is irrigation maintenance included at any sites? If so, which sites have irrigation? RESPONSE: No, irrigation maintenance is not included at any sites listed in the RFP. QUESTION #7: Can you please provide the individual current billing MainGuy Landscape is invoicing the City for each location? RESPONSE: Dante Fascell Park $15,900 Fuchs Park $15,900 Marshall Williamson Park $4,500 Murray Park & Aquatic Center $11,700 Palmer Park $15,300 South Miami Park $15,000 All America Park $9.600 Brewer Park $9,000 Dison Park $2,550 Dog Park $1,500 Jean Willis Park $2,100 Van Smith Park $5,100 Vice Mayor Welsh Park $5,500 Mobley Building (exterior) $1,800 City Wide Locations Zone 1- $14,200 Zone 2- $14,800 Zone 3- $12,650 IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. 2 of 3 151 3 of 3 152 BID OPENING REPORT Bids were opened on: Thursday, June 01, 2017 after: 10:00am For: RFP # PW2017-09 Citywide Landscaping Services COMPANIES THAT SUBMITTED PROPOSALS: AMOUNT: 5-year total 1. LAND PRO SOLUTIONS, LLC ......... ········"·· ... ... ... . . .... ........ $ b~b , t.192>. ~lo 2 . LUKES' LANDSCAPING ................................................ ···· $50() I ~QJ .00 3. MAINGUY LANDSCAPE SERVICES.................................... $ 51(.p 1 (oDD , 00 4 . VISUAL SCAPE ............................................................. $1ct I 15Dl/.Ci:J THE ABOVE BIDS HA VE NOT BEEN CHECKED. THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HA VE BEEN COMPLETELY REVIEWED. City Cle,k, N k-t ~ L-.. (}_ f IL~ 1\-t M ~t 7 a ~ Witness: J +e<J.JL'{L Print Name Witness: ___________ _ Print Name Signature 153 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 REFER TO "EXHIBIT I, ATTACHMENT A "TECHNICAL SPECIFICATIONS" FOR DETAILS AND REQUIREMENTS FOR EACH ZONE. CYCLE CUTS REQUIRE 30 CUTS PER YEAR , ALL ZONES. FERTILIZER APPLICATION IS APPLIED : THREE (3) TIMES PER YEAR: ALL ZONES , WITH THE EXCEPTION ZONES 4 AND 5 IN THE PARKS DIVISION. PALMER AND MURRAY PARK WHERE FERTILIZER APPLICATION SHALL BE APPLIED SIX (6) TIMES PER YEAR. RESPONDENTS COST AND TECHNICAL PROPOSAL IS ATTACHED ON THE FOLLOWING PAGES. RESPONDENTS SHALL COMPLETE EXHIBITS, RESPONDENTS COST AND TECHNICAL PROPOSAL IN ITS ENTIRIEY. FAILURE TO DO SO WILL RESULT IN THE SUBMITTAL DEEMED NON- RESPONSIVE AND DISREGARDED FROM FURTHER CONSIDERATION. A. CITY WIDE LOCATIONS CYCLE CUTS/J0PER ZONEI ZONE2 ZONEJ YER TOTAL YEAR I $93 ,990.10 $ 16,770 .00 $ 45,660.00 $31 ,560.10 $ 45,660.00 $93 ,990 .10 YEAR2 $ 16,700 .00 $ 31560.10 $ 32,191.30 $96,443 .33 YEAR 3 $ 17,034.00 $ 46 .573 .20 17,374.68 $ 47,504 .66 $ 32 ,835 .13 $97,714.47 YEAR4 $ $ 17 ,722.17 $ 33.491.83 $99,668 .75 YEAR 5 $ 48 ,454 .75 B. FERTILIZER APPILCATION (3) TIMES PER YEAR FERTILIZER ZONEI ZONE2 ZONEJ APPLICATION TOTAL YEAR I $240.00 $2,160.00 $ 2,160.00 $ 4,560 .00 YEAR 2 $ 240.00 $ 2,160.00 $ 2,160.00 $ 4,560.00 244.80 $ 2,203.20 $ 2203.20 $4,651.20 YEAR 3 $ $4,744 .22 YEAR4 $ 249.70 $ 2,2 47 .26 $ 2247 .2 6 YEAR 5 $ 254.70 $ 2,292.21 $ 2,292.21 $4,839.12 65 of 76 154 PARKS YEAR I All A meri ca $5,524.00 Br ewer $ 4,604.00 D ante Fasc ell $ I 5,550.00 Dog Pa r k $ 1,432.00 Fuchs $ I 0,025 .00 Jea n Wi lli s $1 ,637 .00 M.W . Mobley $ 1,739.00 Bu ild ing Mars hall $ 3,069.00 Will iamson Aqu atic Center $ 1,637.00 Mu rray $ 5,013 .00 Paseo $1 ,023 .00 Pal m er $ 2,353 .00 South Miam i $ 19,642.00 V an Smith $ 3,069 .00 Vetera ns $ 2,660.00 Total $ 80,512 .00 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 C. PARKS YEAR2 YEARJ YEAR4 YEARS $ 5,524 .00 $ 5,634.48 $ 5,747 .17 $ 5,862 .11 $ 4,604.00 $ 4,696.08 $ 4,790.00 $ 4,885 .80 $ I 5,550 .00 $ 15,861.00 $ 16,178.22 $ 16,501.78 $ 1,432.00 $ 1,460.64 $ 1,489.85 $ 1,519 .74 $ 10,025.00 $ I 0,225 .50 $ 10,430.0 I $ I 0,638 .61 $ 1,637 .00 $ 1,669.74 $ 1,703 .14 $ 1,737.20 $ 1,739.00 $ 1,773 .78 $ 1,809 .26 $ 1,845.44 $ 3,069 .00 $ 3,130 .38 $ 3,192.98 $ 3,256 .85 $ 1,637.00 $ 1,669 .74 $ 1,703 .13 $ 1,737.20 $ 5,013 .00 $ 5,113 .26 $ 5,215 .53 $ 5,319 .84 $ 1,023 .00 $ 1,043.46 $ 1,064.33 $ 1,085 .62 $ 2,553 .00 $ 2,604.06 $ 2,656 .14 $ 2,709 .26 $ 19 ,964 .00 $ 20,363 .28 $ 20 ,770.55 $ 21,185 .96 $ 3,069 .00 $ 3,130.38 $ 3,192.99 $ 3,2 56 .8 4 $ 2,660 .00 $ 2,713 .20 $ 2,767.46 $ 2,822 .81 1,535 .00 $ 1,565 .70 $ 1,597 .0 I $ 1,628 .95 $ 80 ,512 .00 $ 82 ,122.24 $ 83,764.68 $ 85 ,439 .98 66 o f 76 $ 412 ,350.90 155 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 FIVE (5) YEAR CONTRACT TOTAL. ALL ZONES BOTH CITY WIDE AND PARKS DIVISION; CYCLE CUTS AND FERTILIZER APPLICATION (A= CITYWIDE LOCATIONS; B = CITYWIDE FERTILIZER APPLICATION; C = PARKS DIVISION SUBMITTED THIS 16 --- PROPOSAL SUBMITTED BY : BrightView La nd scape Se rv ices, In c. Company SVP Title A + B + C = TOT AL Year I Year 2 YearJ Year 4 (Option) Year S (Option) TOTAL DAY OF $ 174,502.10 $ 174,502.10 $ 178,565.5 7 $ 181,479.15 $ 185,108 .73 $ 894,15 7.65 May 20 ~. ---'--------- 954-593-2386 Telephone Number 305-258-0809 Fax Number ierc m y.c ru z@b righ tview.co m Email Address END OF SECTION 67 of 76 156 ADDENDUM No. I ADDITIONAL COST AND TECHNICAL PROPOSAL April 28,2022 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 The City passed Ordinance No. 01-22-2422 which prohibits the use of gas-powered leaf blowers beginning August I, 2023. In the event the Ordinance is rescinded, Respondents are to provide the INCREMETAL AMOUNT OVER your Total Bid amount, ALL ZONES, for the use of gas-powered blowers: POSSIBLE RIENSTATEMENT OF GAS BLOWERS YEAR 2 YEAR3 YEAR4 YEARS SUBMITTED THIS 16 DAY OF PROPOSAL SUBMITTED BY: BrightView Landscape Services, Inc, SVP Title August I, 2023 $ 174,502 .10 August I, 2024 $ 178,565.57 August I, 2025 $ 181,479.15 August I, 2026 $ 185,108 .73 May 20___ll_. 954-593-2386 Telephone Number 305-258-0809 Fax Number Email Address 2 of 2 157 EXHIBIT 6 CONTRACT CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 THIS CONTRACT, entered into th is __ day of ______ , 20 __ , by the CITY OF SOUTH MIAMI through its Manager, both of whom shall be hereinafter referred to as the "CITY" where applicable; located at 6130 Sunset Drive, South Miami , FL. , E-mail: SKAMALl@SOUTHMIAMIFL.GOV and Bri ghtVi ew Land sca pe Se rvice s, In c. with an office and principal place of bus iness located at 4 155 E. Mowrv Drive. Homes tead , FL 33033 , and E-mail address of jenn a.c ra wfo rd @brightvi ew .com and Facsimile transmission number of 305-258-0809 (hereinafter called the "C ONTRACTOR". WITNESSETH: WHEREAS, the CITY needs CITYWIDE LANDSCAPING SERVICES; and WHEREAS, the CITY desires to retain CONTRACTOR, to provide the required services based on CONTRACTOR's representations which reflect that CONTRACTOR is qualified and capable of providing said services in a professional and timely manner and in accordance with the CITY's goals and requirements; and WHEREAS, CONTRACTOR has agreed to provide the required services in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: (I) Engagement of CONTRACTOR: Based on the representations of CONTRACTOR as set out in the following documents the CITY hereby grants to CONTRACTOR the rights, and CONTRACTOR accepts the obligations set forth in Scope of Services, as modified by the Contract Documents, (all of which is hereinafter referred to as the Work"). • Respondent's Bid Form, attached as "Exhibit 3 • Respondents Cost & Technical Proposal attached as "Exhibit 4" (2) Contract Documents: The Contract Documents include this Contract and the forgoing documents (in paragraph (I) above) and the following documents, as well as any attachments or exhibits that are made a part of any of the Contract Documents: • Scope of Services, attached as Exhibit I • CITY's Insurance & Indemnification Requirements, attached as Exhibit 2 • Solicitation documents for CITYWIDE LANDSAPING SERVICES , RFP #PW2022-09. This Contract and the Solicitation, Scope of Serv ices, and Insurance & Indemnification Requirements take precedence over the response to the CITY's CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 including the CONTRACTOR's Bid Form and CONTRACTOR/ Respondent's Cost and Technical Response to the Solicitation . All the forgoing documents referenced in pa ragraph (I) above, and in this pa rag raph, are attached hereto and made a part hereof by reference. (3) Date of Commencement: CONTRACTOR must commence the performance of the Wo rk under this Contract on a date to be specified in a Notice to Proceed , or Pu rchase O rder, (hereinafter referred to as the "Work Commencement Date"). Time is of the essence. (4) Primary Contacts: The Pr imary Contact Pe rson in charge of administering this Contract on behalf of the CITY is the City Manage r ("Manager"), assistant Manager, or their written designee. The Primary Contact Person for CONTRACTOR and his/her contact information is as follows : Name: Charl es Gonzal ez e-mail Jen na.c rawfo rd @bright view.co ni Fax: 305-258-0809 Street Address: 4 155 E. Mow ry Drive, Homes tea d, FL 33033- (5) Scope of Services: The services to be provided are as set forth in the Scope of Services, attached as "Exhibit I. (6 ) Compensation: The CONTRACTOR's compensation under the terms and provisions of this Contract (hereinafter referred to as the Contract Price) is as set forth in CONTRACTOR/RESPONDENTS COST & TECHNICAL PROPOSAL attached as "Exhibit 4, unless modified in writ ing signed by the CITY and CONTRACTOR. 70 of 76 158 (7) Hours of Work: It is presumed that the cost of performing the Work after regular working hours, and on Sunday and legal holidays, is included in the Contract Price . However, nothing contained herein authorizes work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City Manager, the Assistant City Manager, or their written designee. (8) Time Provisions: The term of this Contract commences on the Work Commencement Date and continues for THREE ill Years. with One (I) TWO (2) Year Option-to-Renew. for a term not to exceed FIVE (5) Consecutive Years. The Option to Renew is at the discretion of the City Manager, unless the Contract is earlier terminated in accordance with the Contract Documents. (9) Termination: This Contract may be terminated without cause by either party with a thirty (30) day written notice to either party. This provision supersedes and takes precedence over any contrary provisions for termination contained in the other Contract Documents. ( I 0) Applicable Law and Venue: Florida law applies to the interpretation and enforcement of this Contract. Venue for all proceedings involving or arising out of this Contract is in Miami-Dade County, Florida. ( I I) Duties and Responsibilities: CONTRACTOR shall comply with all applicable laws, ordinances, codes, rules, regulations, and health and safety standards of any governmental body having jurisdiction over any matter related to this Contract or the goods and/or services to be performed hereunder and shall commit no trespass on any private property in performing any of the work embraced by this Contract. Each and every provision and/or clause required by law to be inserted in this Contract is deemed to be inserted herein and this Contract must be read and enforced as though such provisions and/or clauses are included herein . ( 12) Licenses and Certifications: CONTRACTOR must secure all necessary business and professional licenses at its sole expense prior to commencing the Work. ( 13) Insurance, Indemnification & Bonding: CONTRACTOR must comply with the insurance, indemnification and bonding requirements set forth in the Contract Documents. In the event that any of the Contract Documents provide for indemnification, nothing contained therein may be construed to imply that the CITY has waived its sovereign immunity as provided by Florida Statute, Section 786 .28 and anything to the contrary contained therein is null and void and of no force or effect. (14) Jury Trial Waiver: The parties waive their right to jury trial. ( 15) Entire Agreement, Modification, and Non-waiver: The Contract Documents constitute the entire agreement of the parties and supersede any prior agreements, written or oral. The Contract Documents may not be modified or amended except in writing, signed by both parties hereto and if this Contract is required to be approved by the City Commission, all amendments thereto must be approved in the same manner and with the same formality as this Contract if in the opinion of the City Attorney such approval is required by law. The Contract Documents, in general, and this paragraph may not be modified or amended by any acts or omissions of the parties. No failure to exercise and no delay in exercising any right, power or privilege may be construed to operate as a waiver. No waiver of the Contract Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or omission. ( 16) Public Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s. I 19 .070 I) while providing goods and services on behalf of the CITY and the CONTRACTOR, under such conditions, must incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR and its subcontractors are specifically required co: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the CONTRACTOR if the CONTRACTOR does not transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the CONTRACTOR or keep and maintain public records required by the public agency to perform the 71 of 76 159 service. If the CONTRACTOR transfers all public records to the public agency upon completion of the contract, the CONTRACTOR must destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements . If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR must meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl .gov; 6130 Sunset Drive, South Miami, FL .33143. ( 17) Notices. Whenever a notice is required or permitted herein, it must be delivered by certified mail with return receipt requested, hand delivery, e-mail (or similar electronic transmission), or facsimile transmission and will be deemed delivered on the date shown on the e-mail or delivery confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt card or the date shown as the date same was refused or unclaimed . If hand delivered to the CITY, a copy must be stamped with the official City receipt stamp showing the date of deliver; otherwise, the document will not be considered to have been delivered. Notices must be delivered to the following individuals or entities at the addresses (including e-mail} or facsimile transmission numbers set forth below: To CITY: With copies by U.S . mail to: To CONTRACTOR: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Fax: E-mail : salexander@southmiamifl.gov City Attorney 61 30 Sunset Dr. South Miami, FL 33 143 Fax: (305) 341 -0584 E-mail: tpepe@southmiamifl.gov Brigh View Landscape Services, Inc. 4155 E. Mowry Drive, Homestead, FL 33033 E-Ma il: jenna.crawford@brightview.com ( 18) Corporate Authority. The CONTRACTOR and its representative who signs this Contract hereby certifies under penalty of perjury that the CONTRACTOR and its representative have, and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this Contract and to assume the responsibilities and obligations created hereunder; and that this Contract is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONTRACTOR hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions . ( 19) Drug Free Workplace. CONTRACTOR must comply with the Drug Free Workplace pol icy set forth in the City of South Miami's Personnel Manual which is made a part of this Contract by reference. (20) Transfer and Assignment. None of the work or services under this Contract can be subcontracted or assigned without prior written consent from the CITY which may be denied without cause. 72 of 76 160 (21) Most Favored Public Entity. CONTRACTOR represents that the Contract Price negotiated with the CITY is not less than the price CONTRACTOR is offering to other customers for the same or substantially similar items or services for comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and other material cost factors. If CONTRACTOR's price to other clients decreases when providing the same goods or services as provided to CITY with the same comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors, CONTRACTOR must immediately extend the same price to CITY. (22) E-VERIFY. As a condition precedent to entering into this Contract, and in compliance with Section 448.095, Fla . Stat., CONTRACTOR and its subcontractors must register with and use the E- Verify system to verify work authorization status of all employees hired after January I, 2021. The CONTRACTOR and all subcontractors must comply with and be bound by the following: (a) CONTRACTOR must require each of its subcontractors to provide CONTRACTOR with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. CONTRACTOR must maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this C o ntract; (b) The CITY, CONTRACTOR, or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09( I), Fla . Stat. or the provisions of this section must terminate the contract with the person or entity; (c) The CITY , upon good faith belief that a subcontractor knowingly violated the provisions of this section, but that the CONTRACTOR otherwise complied , must promptly notify CONTRACTOR and CONTRACTOR must immediately terminate the contract with the subcontractor; (d) A contract terminated under the provisions of this Section is not a breach of contract and may not be considered such; (e) Any contract termination under the provisions of this Section may be challenged no later than 20 calendar days after the date on which this Contrac t is terminated pursuant to paragraph b. or c . above; (f) CONTRACTOR. acknowledges that upon termination of this Cont ra ct by the CITY for a violation of this Section by CONTRACTOR, CONTRACTOR. may not be awarded a public contract for at least one (I) year. CONTRACTOR further acknowledges that CONTRACTOR is liable for any additional costs incurred by the CITY as a result of termination of any contract for a violation of this Section; and (g) Subcontracts. CONTRACTOR or subcontractor must insert in any subcontracts the clauses set forth in this Section, including this Subsection, requiring the subcontractors to include these clauses in any lower tier subcontracts. CONTRACTOR. is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this Section and CONTRACTOR's failure to enforce compliance is a substantial and material breach of this C ontract. (23) ANTI-DISCRIMINTION . Contractor and all of its employees, subcontractors and subconsultants, while performing work for the City, including the hiring and retention of employees for the performance of Work, are prohibited from discriminating against anyone on the basis of race, color, religious family status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age, disability or any other classification that is federally defined as a "protected class " and Contractor must take all steps necessary to prevent such discrimination by all of its employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial, material breach of this Contract. 25 .1 Contractor must include in all of its subcontracts the following clause: 73 of 76 161 Subcontracto r s and all of their employees, subcontractors and subconsultants, while performing work for the C ity, including the hiring and retention of employees for the performance of Work, are prohibited from d iscriminating against anyone on the bas is of race, color, religious family status, sex (including sexual orientation , gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership , political affiliation , national origin , age, o r disability , or any other cl a ssification that is fede r ally defined as a "protected class ". Subcontr actors must take all steps necessary to prevent such d iscrimination by all of their employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscrimination in all progr ams , services and activ ities that are part of the Scope of Services. A violation of this paragr aph is a substantial, material breach of this Subcontract. IN WITNESS WHEREOF , the parties, have executed this Contract, on o r before the date first above written, with full knowledge of its content and significance and intending to be legally bound by the terms hereof. ATTESTED: By :----------- Nkenga Payne City Clerk Read and Approved as to Form, Language , Legal ity, and Execution Ther eof: By:----------- City Attorney C h a rl es Gon za lez SVP [print name and title of signato r y] CITY OF SOUTH MIAMI By :---------- Shari Kamal i City Manage r END OF SECTION 74 of 76 162 RESPONDENT QUALIFICATION STATEMENT CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 The respons e to this questionnaire will be utilized as part of the CITY 'S overall Proposal Evaluation and RESPONDENT selection . I . Nu m be r of s imila r p r o je c ts completed , a) b) In the past 5 years In the past IO years 2. List the last five (5) completed similar projects. a) Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Price : b) Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Price c) Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Price : d) Project N a me: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Pr ice: e) Pr o je ct N a me: Owner Name: Owne r Add r ess: Owner Telephone: O ri ginal Contr act Price : Actu al Fina l Contract Pri ce: 18 of 76 12 15 Vi ll age of Ba l Harbo u r C it y Wi d e La n dscap ing V ill age of Ba l H a r bo r 655 96 th St, Ba l H ar b or, FL 33154 305 -993-7334 $890 ,000 Ci ty of Aventu ra C i ty Wide Landscaping C ity of A ve ntu ra 19200 W Co un try C lu b Drive, Avent ura, FL 33180 305 -466 -893 1 $950,000 C ity of Wes t o n Road ways City of Weston 17200 Roya l Pa lm Bo ul avard, Westo n , FL 33326 954 -389 -432 1 $1,200 ,000 Bay Harbor Is lands Lands c ape Bay H arbor Is la nds 9665 Bay Harbour Islands, Bay Harbor Is lands , FL 33 154 305 -866 -6241 $260 ,000 C ity of Weston Parks City of Weston 17200 Royal P alm Boulavard, Weston, FL 33326 864-884-0699 $670 ,00 $67 0,000 163 I 3. Current workload Project Name Owner Name Telephone Number Contract Price Village of Bal Harbour City Wide Ja so n Atkin Landscaping 305-993-7334 $890,000 City of Aventura City Wide Alan Levine $950,000 Landscaping 305-466-893 1 City of Weston Roadways Thaddeus Bielecki 954-389-432 1 $1 ,200,000 Bay Harbor Islands Landsca pe Doug Armstrong 305-866-624 1 $260,000 C it y of Weston Parks Cath erine Flenniken 864-884-0699 $670,000 4. The following information must be attached to the proposal. a) RESPONDENT's home office organization chart. b) RESPONDENT's proposed project organizational chart. c) Resumes of proposed key project personnel, including on-site Superintendent. 5 . List and describe any: a) Ban kruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or Suspension of contracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in the last five (5) years 6 . Government References : List other Government Agenc ies or Quasi-Government Agencies for which you have done business within the past five (5) years . Name of Agency: ViUage of Bal Harbour Address: 655 96th St, Bal Harbor, FL 33 154 Telephone No.: 305-993-7334 Contact Person: Jason Atkinson Type of Project: Village Wide Landscape & Beach Areas 19 of76 164 Name of Agency: City of Aventura Address : 19200 W Country Club Drive , Aventura, FL 33180 Telephone No.: 305-466-8931 Contact Pe r son : Alan Levine Type of Proj e ct: Full Landscape Biscayne Boulevard, Parks, Government Center & Schools , All Right of Ways Name of Agency: City of Weston Address : 17200 Royal Palm Boulavard, Weston, FL 33326 Telephone No.: 954-389-4321 Contact Person : Thaddeus Bielecki Type of Project: Area A: Full Service Landscape Maintenance END OF SECTION 20 of 76 165 LIST OF PROPOSED SUBCONTRACTORS, SUBCONSUL TANTS AND PRINCIPAL SUPPLIERS CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 Respondent must list all proposed subcontractors and subconsultant, if subcontractors and subconsultants are allowed by the terms of this Solicitation to be used on this project if they are awarded the Contract. Classification of Subcontractor/Subconsultant Address Telephone, Fax & Work Name Email O t her: NI A T h is list must be p rovided as a part o f Res po nd e nts su b mi t ta l to th e City of So uth Mia mi a nd in res ponse co this RFP . END OF SECTION 21 of 76 166 STATE OF FLORIDA COUNTY OF MIAMI-DADE NON-COLLUSION AFFIDAVIT CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 ____ C_h_ar_Ie_s _G_o n_z_al_ez ______________ being first duly sworn, deposes and states that: (I) He/She/They is/are the __ O_ffi_ce_r_(S_e_n,_·o_r V_P) ___________________ _ (Owner, Partner, Officer, Rep resentative or Agent) of BrightView Landsca pe Services, In c. the Respondent that has submitted the attached Proposal ; (2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal ; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person co submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion , conspiracy, connivance, or unlawful agreeme nt any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees or parties of interest, including this affiant . STATE OF FLORIDA COUNTY OF MIAMI-DADE Ch arles Gonzalez SVP Print Name and Title 5/16/2022 Date ACKNOWLEDGEMENT On this the [Lo\-1,---day of_L-1~.c+---' 2o_ilbefore me, the undersigned Notary Public of the State of Florida, personally appeared (Name ) of individual(s) who appeared before notary) 22 of 76 167 instrument, and he/she/they acknowledge that he/she/t WITNESS my hand and official seal. NOTARY PUBLIC: SEAL OF OFFICE : ,•'"V'~••,, /~~--~., PATRICIA SOTO t•(A\.i MYCOMMISSJON#GG~ ·'-·~ ,,... ""= '·~ .. o· ••• ·oJ>/ EXPIRES: November 6 2023 .. '"' •' BA_,...,..,.__ ' ,,,,,,,.,• ~NW ll~U Nota,y Public Undeiwitlers Personally known to me , or Personal identification : Type of Identification Produced Did take an oath, or Did Not take an oath. 23 of 76 168 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST C ITYWIDE LANDSCAPING SERVICES RFP #PW20 22 -09 Pursuant to the provisions of Paragraph (2) (a) of Se c tion 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 Pr opos a l or b id on a Contr act to p r ovide a ny goods o r services to a public entity , may not subm it a Bid o r p r oposal for a Contract with a public entity for the construction of r epair of a public building or public work, may not submit bids or proposals on leases or real property to a publ ic entity, may not be awarded to perform Work as a RESPONDENT, Sub-contractor , supplier, Sub-consultant, or Consultant under a Contract with any public entity, and may not tra nsact business with any public entity in excess of the threshold amount Catego r y Two of Section 2 87.017, Florida Statutes, for thirty six (36) months from the date of being p laced on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter I 12, Florida State Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies . SW ORN STAT EMENT PURS UA NT T O SECTI ON 28 7.133 (3) (a), FL ORI D A STATU TES , ON PU BLIC EN T ITY C RI MES T HI S FORM MUST BE SIG N ED A ND SWORN T O IN TH E PRE SE N CE OF A N OTA RY PUBLIC OR OTHER O FFICIAL AUTHORIZ ED T O A DMINISTER OATHS. I. This sworn statement is submitted to C ITY O F SOU TH MIAMI CIT YWID E LA DSCA PIN G SE RVICES RFP #PW 2022 -09 [print name of the public entity] by Charl es Gonza lez SVP [print individual's name and title] for ___ =Br'""ig=h~tV~i=e,~v =La=n=d=sc=ap=e~S=erv~ic=es~, l=n=c. _______________________ _ [print name of entity submitting sworn statement] whose business address is _4_15_5_E_. _M_o_w~ry_D_r_iv_e _________________ _ Ho mes tea d , FL 33033 and (i f applicable) its Fede r al Employer Identification Number (FEIN) is 95-4 194223 (If the entity has no FEIN, include the Social Security Number of the individua l signing this sworn state ment: ______________________ .) 2 . I understand that a "public entity crime" as defined in Paragr aph 287.133 ( I )(g), Florida Statutes, means a violation of any state or federal law by a person with respect to an d directly re lated to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United Sta tes, including, but not limited to , any bid, p r oposal or contract fo r goods o r services to be p r ovided 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 . I understand that "convicted " or "conviction" as defined in Paragr aph 287.133 (I) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of gu ilt, in any federal or state trial court of record r elating to charges brought by indictment or information aner July I, 1989, as a r esult of a ju r y verd ict, non-ju r y trial , or entry of a plea of guilty or nolo contendere. 4 . I understand that an "affiliate" as defined in Paragraph 2 87.133 (I) (a), Florida Statutes, means: (a) A predecessor or successo r of a pe r son 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, d irectors, executives, partners, shareholders, employees, membe r s, and agents who are active in the management of an affiliate . Th e ownership by one person of sha re s constituting a controlling intere s t in a ny person , o r a pool ing of equipment or income among pe r sons when not fo r fa ir m a rket value under an arm 's length ag r eement, w ill be a prim a facie case that one pe r son c o ntr ols 24 of 7 6 169 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 will be considered an affiliate. 5 . I understand that a "person" as defined in Paragraph 287.133 (I) (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 proposal or applies to bid or proposal on contracts for the provision of goods or services let 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.] _L_ 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.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED 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. C)u. y l -\L-..._ Si nature] lo day of , 20~ Sworn to and subscribed before 7:is Personally known ____ \..,.L_'--------- OR Produced identification ________ _ My commission expires _______ _ (Type of identification) (Printed, typed or stamped commissioned Form PUR 7068 (Rev.06/ I I /92) na '" of notarv public) :~¥~.. PATRICIA SOTO f•=-A·::1 MY COMMISSION# GG 929629 :.,... ·'if: EXPIRES· ..._ _ _._ __ 6 2023 -:,,J.1:i-····•0-.f'.l ••~'IVI•~' ···l?~.r...•·· BoodedTivuNolaryflldcUnderwllen 25 of 76 170 DRUG FREE WORKPLACE CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 Whenever two or more responses to a solicitation 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 response to the solicitation received from a business that certifies that it has implemented a drug-free workplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations 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 must: 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's 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 paragraph (I) above. 4) In the statement specified in paragraph (I) above, notify the employees, that, as a condition to their working for the employer with regard to the matters that are the subject of the response to the solicitation including those involving the procurement of commodities or contractual services that are under Bid, the employee must abide by the terms of the statement and must notify the employer of any conviction of, or plea of guilty or no/o 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 alter such conviction. 5) 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 this statement, and under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above requirements. RESPONDENT's Signature: -+C~~Aoc.__---1.c__,,7 &£...._-----"'c.__----- Print Name: Charles Go nza lez Date: ____ s_1_I6_/_20_2_2 ________________ _ 26 of 76 171 ACKNOWLEDGEMENT OF CONFORMANCE W I TH OSHA STANDARDS C ITYWIDE LANDS C AP I NG SE RV I CES RFP #PW2022 -09 TO THE CITY OF SOUTH MIAMI We, Bright View Landscape Services Inc . , (Name of RESPONDENT), hereby acknowledge and agree that as CONTRACTOR for the CITYW I DE LANDSCAPING SERVICES RFP #PW2 0 22 -09 as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations , and agree to indemnify and hold harmless the C ity of South M iami and N/A (Consulting Engineer if any) against any and all liability, claims , damages, losses and expenses they may incur due to the failure of Whenever two or more responses to a solicitation 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 response to the solicitation received from a business that certifies that it has implemented a drug-free workplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations 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 must: I) Publish a statement notifying employees that the unlawfu l 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's policy of maintaining a drug-free workplace, any available drug cou nseling, 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 E-bid a copy of the statement specified in Section (I). 4) In the statement specified in Section (I ), notify the employees, that, as a condition to their working for the employer with regard to the matters that are the subject of the response to the solicitation including those involving the procureme nt of commodities or contractual services that are under E-bid, the employee must abide by the terms of the statement and must notify the employer of any conviction of, or plea of guilty or no/o 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. 5) 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 this statement, and under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm and its subcontractors, if any, who are listed below, are in full compliance with the above requirements: C O NTRACTOR SVP Title 27 of 7 6 172 AFFIDAVIT CONCERNING F EDERAL AND STATE VENDOR LIST I NGS C ITYWIDE LANDSCAPING SERVICES RF P #PW 2022 -09 The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent", must certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services, "CO N VICTED, SUSP ENDED, DISCRIMINAT O RY FEDE RA L EXCLUDED PAR TIE S and C O MPLAINTS VENDOR LISTINGS". If the Respondent's name appears on one or all the "Listings" summarized below, Respondents must "Check if Applies" next to the applicable "Listing." The "Listings" can be accessed through the following link to the Florida Department of Management Services website: http://www.dms.myflorida.com/business operations/state purchasinf!/vendor information/convicted suspended di scriminatory complaints vendor lists DECLARATION UNDER PENALTY OF PERJU RY I, C h a rl es Go n za lez are true and correct: (hereinafter referred to as the "Declarant") state, that the following facts (I) I represent the Respondent whose name is Bright V ie w La nd sca p e Se rvi ces . In c. (2) I have the following relationship with the Respondent SV P (Owner (if Respondent is a sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited Liability Company). (3) I have reviewed the Florida Department of Management Services website at the following URL address: http://www.dms.myflorida.com/business _ operations/state _purchasing/vendor _information/ convicted_ suspended_ di scriminatory _complaints_vendor _lists (4) I have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's name appears in the list found on the Florida Department of Management Services website for that category or listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the Respondent"s name does not appear on the listing for that category in the Flori da Department of Management Services website as of the date of this affidavit. Check the following categories if A pplicable Convicted Vendor List Suspended Vendor List Discriminatory Vendor List Federal Excluded Parties List Vendor Complaint List Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the foregoing statement and that the facts stated 1n 1t are true and that this firm 1s 1n full compliance with the above requirements. ~ By:--+---""---------- (Print name of Declarant) AC K NOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF MIAM I-DAD E ) On ~~/ c}';\ day of ~ ~ , 20.fia=, before me, the undersigned authority, personally appeared ~~ 6,;. ':> ~ who is p,ersonall know to me or provided the following identification _______ and who took an o ffirmed that ~ e/s rth executed the foregoing Affidavit as the D eclarant. WITNESS my hand and official seal. NOT A RY PUB LIC: _.j}r:t~., PAlRICIASOTO r.r b. '\.\ MY COMMISSION I 00 929829 li•~j,~J EXPIRES: November6,2023 ·-.~~i'I~?-···· Bonded nwu NoCary Pu111c IJndel'Mlara 28 of 76 ame of Notary Public: Print, Stamp or type as commissioned.) 173 RELATED PARTY TRANSACTION VERIFICATION FORM C ITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 C h a rl es Go n za lez , individually and on behalf of Br ight V iew La nd scape Se rvices , I nc. ("Firm") have Name of Representative Company/Vendor/Entity read the City of South Miami ("City")'s Code of Ethics, Section SA-I of the City's Code of Ordinances and I hereby certify, under penalties of perjury that to the best of my knowledge, information and belief: (I) neither I nor the Firm have any conflict of interest (as defined in section SA-I) with regard to the contract or business that I, and/or the Firm, am(are) about to perform for, or to transact with , the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section SA -I, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded , the statement in this section (2) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm .]; and (3) neither I nor the Firm , nor anyone who has a financial interest greater than 5% in the Firm , no r any member of those persons' immed iate family (i.e., spouse, parents, ch ildren, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business be ing transacted with the city, o r with any person or agency acting for the c ity, other than as follows : _ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line , to the additional sheet and the additional sheet must be s igned under oath). [while the ethics code still applies , if the person executing this form is doing so on behalf of a firm whose stock is publicly traded , the statement in this section (3) must be based solely on the signatory's personal knowledge and he/she is not requi r ed to make an independent investigation as to the rel ationship of those who have a financial interest in the Firm .]; and (4) no elected and/or appointed officia l or employee of the City of South Miami, or any of their immediate family members (i.e ., spouse, parents, children, br others and sisters) has a financial interest, directly o r indirectly, in the contract between you and/or you r Firm and the City other than the following individuals whose interest is set forth following their names : ________________________ _ (if necessary, use a separate sheet to supply additional information that w ill not fit on this line ; however, you must make reference , on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members, who own , di r ectly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows : (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies , if the person executing this form is do ing so on behalf of a firm whose stock is publicly traded , the statement in this section (4) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed officia l or employee .] (5) I and the Firm further agree not to use or attempt to use any knowledge. property or resource which may come to us through our pos it ion of t r ust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6 ) I and the Firm hereby acknowledge that we have not contracted or transacted any bus iness with the City or any pe rson o r agency acting for the City, and that we have not appeared in representation of any third party 29 of 76 174 before any board, commission or agency of the City within the past two years other than as follows : _____________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath}. X:\Purchasing\Vendor Registration\ 12 .28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7 ) Neither I nor any employees, officers, or directors of the Firm, nor any of the ir immediate fam ily (i.e., as a spouse, son , daughter, parent, brother or sister) is related by blood or marriage to: (i} any member of the City Commission ; (ii} any city employee ; or (iii} any member of any board or agency of the City other than as follows: _______________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath}. [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded , the statement in this section (7) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm , nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (i.e ., spouse, parents, children , brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following : ___________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line , to the additional sheet and the additional sheet must be signed under oath}. [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Firm , or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (IO) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law . Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics . Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the foregoing statement, that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and to the best of my knowledge, information and belief the facts stated in it are true and this firm is in full compliance with the above ~ Signature: b,',k 7 Print Name & Title: __ C_ha_r_Ie_s _G_o_nz_a_Ie_z_sv_P _______ _ Date : __ s_/1_6_/2_0_22 ________ _ 30 of 76 175 Sec. 8A-1. -Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (I) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer co the members of the planning board, .the environmental review and preservation board, the code enforcement board and such ocher individuals, boards and agencies of the city as perform quas i-judicial functions . (4) The term "advisory personnel" shall refer co the members of chose city advisory boards and agencies whose sole or primary responsibility is co recommend legislation or give advice to che city commission. (5) The term "departmental personnel" shall refer co the city clerk, the city manager, department heads , the city attorney, and all assistants co the city clerk, city manager and city attorney, however titled. (6) The term "employees" shall refer co all other personnel employed by the city . (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred, in return for services rendered or co be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city . (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. ( I 0) The term "transact any business" shall refer co the purchase or sale by the city of specific goods or services for consideration and co submitting a bid, a proposal in response to a Solicitation , a statement of qualifications in response co a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. ( c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which chat person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of chis subsection shall constitute malfeasance in office and shall affect forfeiture of office or position . Nothing in this subsection shall prohibit or make illegal : (I) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time co time . Waiver of prohibition. The requirements of chis subsection may be waived for a particular transaction only by fou r affirmative votes of the city commission after public hearing upon finding chat: (I) An open-co-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and 31 of 76 176 pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without ente r ing a transaction which would violate this subsection but for waiver of its requirements; and (4 ) That th e p r oposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. ( d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation , partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of chis subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to chis subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)( I) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (I) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)( I) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)( I) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (I) Definition . The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan , travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawfu l consideration . (2) Exceptions . The provisions of paragraph (e)( I) shall not apply to: a. Political contributions specifically authorized by state law ; b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party co the delivery of a gift that is prohibited under paragraph (3); c. Awards for professional or civ ic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3 ) Prohibitions . A person described in paragraphs (b)( I) through (6) shall neither solicit nor demand any gift. le is also unlawful for any person or entity co offer, give or agree to give co any person included in the terms defined in paragraphs (b)( I) through (6), or for any person included in the terms defined in paragraphs (b)( I) through (6) to accept or agree to accept from another person or entity, any gift for or because of: a . An official public action taken , or to be taken, or which could be taken, or an omission or failure to take a public action ; b. A legal duty performed or co be perfo r med. or which could be performed, or an omission or failure co perform a legal duty; c. A legal duty violated or co be violated , o r which could be violated by any person included in the term defined in paragraph (b)( I); or d . Attendance o r a bs e nc e from a public meeting ac which official a ction is to be taken . 32 of 76 177 (4) Disclosure. Any person included in the term defined in paragraphs (b)( I) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter I 12, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)( I) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b)( I) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)( I) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)( I) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment. (I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited . No full -time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained . c. Approval of department head required. Any outside employment by any full -time city employee must first be approved in writing by the employee's department head who sh all maintain a complete record of such employment. d . Penalty . Any person convicted of violating any provision of this subsection shall be punished as provided in section 1-1 I of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-ti me city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities. shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may requi r e monthly reports from individual employees or groups of employees for good cause . (k) Prohibited investments. No pe r son included in the terms defined in pa r agraphs (b)( I) through (6) or a member of the immediate family shall have pe rs onal investments in any enterprise which will create a substantial conflict betwe en private inte rests and th e publ ic interest. 33 of 76 178 (I) Certain appearances and payment prohibited. (I) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court o r before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question . (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt. (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)( I) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Recommending professional services. No person included in the terms defined in paragraphs (b)( I) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials , officers or employees. (p) Continuing application after city service. (I) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased , lobby any city official [as defined in paragraphs (b)( I) through (6)) in connection with any judicial or other proceeding, application, Solic itation , RFQ , bid, request for ruling or other determ ination , contract, claim. controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct o r indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased . (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, SO I (c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)( I) whose city service or employment ceased after the effective date of the ordinance from which this section derives . ( 4) No person described in paragraph (p)( I) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobby ing contract to lobby any city official in connection with any subject described in pa r agraph (p)( I) in wh ich the city or one of its agencies is a party or has any di r ect and substantial interest; and in wh ich he or she participated d irectly or indirectly th r ough decision , approval , disapproval, recommendation, the rendering of 34 of 76 5/16/2022 179 180 PRESENTATION TEAM DECLARATION/AFFIDAVIT OF REPRESENTATION CITYWIDE LANDSCAPING SERVICES RFP #PW2022 -09 This affidavit is not required for compliance with the City's Solicitation ; however, it may be used to avoid the need to register members of your presentation team as lobbyists . Pursuant to City Ordinance 28-14- 2206 (c)(9}, any person who appears as a representative for an individual or firm for an oral presentation before a City certification , evaluation, selection , technical review or similar committee , must list on an affidavit provided by the City staff, all individuals who may make a presentation . The affidavit must be filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager. For the purpose of this subsection only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, must not be required to pay any registration fees. No person may appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm 's presentation team pursuant to this paragraph or unless he or she is registered with the City Clerk 's office as a lobbyist and has paid all applicable lobbyist registration fees . Pursuant to '92 .525(2), Florida Statutes, the undersigned , Charles Gonzalez declaration under penalties of perjury : makes the following Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents . Please note; No person may appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. NAME Jenna Crawford Branch Manager Jose Zepeda VPGM Jeremy Cruz Business Developer For the purpose of this Affidavit of Representation only, the listed members of the presentat ion team, with the exception of any person otherwise required to register as a lobbyist, will not be required to pay any registrat ion fees . The Affidavit of Representation must be filed with the City Cler k's office at the time the committee's proposal is submitted to the City as part of the procurement process . Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true and specifically that the persons listed above are the members of the presentation team of the entity listed below . ''CA ,~~------~ 20 22. Signature of Representative Char les Gonzalez SVP BrightView Land sca pe Servi ces, Inc . Print Name and Title Print name of entity being represented . END OF SECTION 36 of 76 The information in its entirety is proprietary and confidential, used only for the purposes of considering the nature and scope of your business relationship with BrightView. The contents of this Response are not to be shared with any present or future service provider. Retention of this Response to Request for Information signifies your agreement to treat the information as confidential.181 BIDDER Q. POUGH J. REESE S. FRAGA- LOPEZ AVG RANK ROCK & ROSE 4 5 2 3.67 COCO TREE SVCS 3 4 3 3.33 BRIGHTVIEW 1 1 1 1.00 BELLA FIORE 5 6 6 5.67 REEF LANDSCPING 7 7 8 7.33 SUPERIOR 2 3 5 3.33 SFM 2 2 4 2.67 AERO GROUNDTEX 6 8 7 7.00 BIDDER Q. POUGH J. REESE S. FRAGA- LOPEZ TOTAL ROCK & ROSE 70 55 87 212 COCO TREE SVCS 79 68 81 228 BRIGHTVIEW 98 78 89 265 BELLA FIORE 65 44 67 176 REEF LANDSCPING 51 43 19 113 SUPERIOR 95 71 72 238 SFM 95 76 77 248 AERO GROUNDTEX 61 39 64 164 Respondent Ranking Order EVALUATION SCORING SHEET CITYWIDE LANDSCAPING SERVICES Respondent Scores 182 183 I 2 3 4 THE CITY OF PLEASANT LIVING RFP Title: RFP No.: Evaluation Scoring Sheet CITYWIDE LANDSCAPING SERVICES PW2022-09 Procurement Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 www.southmiam ifl.gov DIRECTIONS: Please score each firm, for each specific criteria provided. Sco ri ng is based o n each crite ria listed below with a maximum sco r e for each c ri teria. Th e total sco re fo r each pr opose r is calcul a ted by adding e ach c r iteria fo r a total sco r e by proposer. The maximum score total score for each proposer is I 00 points. Each Evaluation Selection Committee member shall rank each Respondent based on the Technical and Price Criteria total score for each Respondent; #I (Highest Total Score), #2 (Next Highest Score), and so on. The rankings for each Respondent by each Selection Committee Member (Rater) are added and totaled . The total is divided by the number of Raters. The Lowest Average Rank Score will be recommended for the award. .. AERQ Criteria ROCK& coco BEl.LA GROU ND TREE BIUGHTVJEW REEF SUPl:RIOR SFM TEX ROSE SVC FIORE LANP. The Proposers demonstrated understanding of the City's requirements .J_EJ d-1 d--B ~:). s ~lo ~7 25 and plans for meeting same: Maximum Points: 30 Professional qualifications and \~ related experience of \B l'S )9 \5 \7 15 the persons assigned to the contract: d- Maximum Points: 20 Related Projects/Past \~ \S Experience: IB \7 \9 ,s 0 \~ Maximum Points: 20 Overall quality and 11 5 8 7 completeness of the U) -r 9 Lo submittal: Maximum Points: 10 Page 1 of 2 184 Proposed Cost: 5 Maximum Points: ~t) \S \~ 9 8 7 20 \ q 7a, l (J)l./ 5 ~ -, Page 2 of 2 185 I 2 3 4 THE CITY OF PL EASANT LI VING RFP Title: RFP No.: Evaluation Scoring Sh e et CITYWIDE LANDSCAPING SERVICES PW2022-09 Procuremen t Divisio n 613 0 Su nset Dr ive South Miami, Flo ri da 33 143 (3 0 5) 663-63 39 www.southmiamifl.gov DIRECTIONS: Please score each fi rm, for each sp e c ifi c cr it e ria p r o vided . Sco r in g is based o n e a c h c r it e ria listed below with a maximum score for each cri t eria. The t o tal sco re fo r e ach p roposer is ca lculated by a dd ing e ac h criteri a for a total sco r e by proposer. The m ax imum score total score for each proposer is I 00 points. Each Evaluation Selection Committee member s ha ll ra n k e ach Res po nd e nt based on the T e ch n ical a nd Pr ice C r ite r ia t o tal score for each Respondent ; # I (H ighest Total Sco re), #2 (Next Hi ghest Score), and so on. The rankings fo r each Respondent by each Select ion C o mm ittee Mem ber (Rater) are added and t o taled . The t o tal is divide d by the numbe r o f Raters . The Lo w est Ave rage Rank Score will be recommended for the award. A ERO Criteria ROCK& coco BELLA G RO UND ROSE TREE BRIGHTVIEW FIORE REEF SUPERIOR SFM TEX SVC LAND. The Proposers demonstrated unde r standing of t he ?-1 City's requirement s IB 30 18 I~ 50 50 / 9 and pl a ns for meeting sa me : Maximum Points: 30 Professional qualifications and related experience of /~ I Co zo J] /0 z_o 20 /fo the persons assigned to the contract: Maximum Points: 20 Related Projects/Past Experience: JO /3 20 JO 7 zo zo ,~ Maximum Points: 20 Overall quality and completeness of the B /0 s u bmitt al : 7 /C> 1 3 /0 7 Maximum Points: 10 Page 1 of 2 186 Proposed Cost: 5 Maximum Points: 20 /9 18 20 Total Score: ---~, Rank Additional Comments: Reviewed by: (Print Name) 17 1, /5' I~ ~\ l, 7 2 ~ .... ~=---· ---~"""'----~--..,,.~""-----Date: e>fc:? /o.) / 2 2 (Signature) Page 2 of 2 187 I THE CITY Of PLEASA N T I.IVING RFP Tide: RFP No.: Evaluation Scoring Sheet CITYWIDE LANDSCAPING SERVICES PW2022-09 Procurement Division 6130 Sunset Drive South Miami , Florida 33143 (305) 663-6339 www.southmiamifl.gov DIREC T ION S: Please score each firm , for each specific criteria provided. Scoring is based on each criteria listed below w ith a maximum score for e ach criteria. The total score for each proposer is calculate d by adding each criteria for a total score by proposer. The maximum score total score for each proposer is I 00 points. Each Evaluat ion Selection Committee member shall rank each Respondent based on the Technical and Price Criteria tota l s core for e ach Respondent; # I (Highest Total Score), #2 (Next Highest Score ), and so on. The rankings for each Respondent by each Selection Committee Member (Rater) are added and totaled. The total is divided by the number of Raters . The Lowest Average Rank Score will be recommended for the award . ,: '' ,c . ··-"' :· ·,z--:-~ -AERO -- Criteria --· coco ~ ·. GROUND ROCK& BRIGHTVIEW BElLA a, TEX ROS.E TREE FIORE REEF SUPERIOR SFM ' -.• 7. SVC "' . ~ ' ·LAND . -;, C: :.,. '.".. The Proposers demonstrated understanding of t he City's requirements zz Zi /!) and pl ans for meeting Z> iY ;r; s a me: /) 11 Maximum Points: 30 Professional qualificat ions and related experienc e of 2 the persons a ssigned 1 13 17 r 7 /(p 17 1 to the contract: Maximum Points : 20 Re lated Pr ojects/Past 3 Expe r ience: 1 ;i;-/~ (o ) lb If ? M(vcimum Points : 20 Overa ll quality and completeness of the 1/ f 7 4 submitta l: ) ) 7 f 6 ft 1ax imum Points : JO Page 1 of 2 188 Proposed Cost: 5 Ma x imum Points: 17 l b 20 Total Score: Rank Additional Comments: Reviewed by: (Print Name) 13 /~ I I 10 'I 3 7i 7b I 1--. ~~ (Signature) Page 2 of 2 Member Name City of South Miami Bid Number RFP-RFP #PW2022 - 09-0-2022/SK Bid Name CITYWIDE LANDSCAPING SERVICES 30 Planholder(s) found 341 NOTIFIED SupplierName FullNameEmail Address1 City State PostalCode DeclaredAttrib utes Aero Groundtek, LLC Gregory Borigbori@groundtek.com858 MAGUIRE RD OCOEE FL 34761 Alevon Group Alein Cadalsoacadalso@alevongroup.com15432 SW 88th Street Miami FL 33196 Berger's Property Maintenance Co Ralph Mongeliaralph@bpmsoflo.comPO Box 901898 Miami FL 33090 BidPrime API User API Userbptest@demandstar.com1301 S IH 35 Frontage Rd Austin TX 78741 brightview Craig Offuttcraig.offutt1@brightview.com980 Jolly Rd Blue Bell PA 19422 Coco Tree Service, Corp JOSUE ALVARADOCOCO@COCOTREESERVICE.COM1720 NW 33RD ST Miami FL 33142 Construction Journal, Ltd.Pam Extonbids@ConstructionJournal.com400 SW 7th Street Stuart FL 34994 Dodge Data Bonny Mangolddodge.docs@construction.com4300 Beltway Place, Ste 150 Arlington TX 76018 Down to Earth, Inc.Johann Fiallojohann.fiallo@down2earthinc.com 2701 MAITLAND CENTER PARKWAY Maitland FL 32751 East Coast Mulch Richard Bowdenrichard.eastcoastnurseryfl@comcast.net6782 Belvedere Rd. West Palm Beach FL 33413 EDJ SERVICE, INC.EVELYN PAGNIedjservice@AOL.COM1700 SW 68TH AVENUE PLANTATION FL 33317 Small Business, Woman EDWARD THOMPSON LAWN CARE EDWARD THOMPSONTHOMPSONTHOMPSON5541@GMAIL.COM875 SW 7th St, Unit 101 Homestead FL 33034 Green Dreams Paradise Alex Datorrealexdatorre@hotmail.com6021 sw 185 way Sw ranches FL 33332 Hispanic Owned I-7BRIGHTSTARS Corporation Jacob Idanii7brightstars22@gmail.com4560 SW Yamada Drive Port Saint Lucie FL 34953 M & G Prime Equipment LLC GUILLERMO MORENO-FIGUEREDOmgprimeequipmentllc@gmail.com473 E 14 STREET Hialeah FL 33010 Mainguy Landscape Services Rob Mainguyrmainguy@mainguy.com1855 South Flamingo Road Davie FL 33325 My lawn service group inc Marcelo Barniquelmarcelo@mylawnservicegroup.com335 nw 128 av Miami FL 33182 National Property Services Beau BucciBeau@nationalpropertyservices.net6550 Nw 84th ave Pompano Beach FL 33067 Plant Professionals, Inc.Jayd Ashworthplantprofessionals@yahoo.com145 SW 3rd Avenue Homestead FL 33030 Reef Landscaping Ashley Gonzalezashley@reeflandscaping.com100 N Krome Ave Homestead FL 33034 3 Document(s) found for this bid 189 SupplierName FullNameEmail Address1 City State PostalCode DeclaredAttrib utes Rock & Rose Lawn Care LLC Siul Delgadomanagement@rockandroselandscapes.com26251 SW 187th Avenue Homestead FL 33031 SFL Property Maintenance Corp Armando Figueredoarmando@sflpropertymaintenance.com3345 SW 81 Avenue Miami FL 33155 SFM Services, Inc.Christian Infantecinfante@sfmservices.com3430 NW 82 Street Miami FL 33147 Sherlock Tree Company Jonathan Wolfsonjonathan@sherlocktree.com697 SW 9th Terrace Pompano Beach FL 33069 Superior Landscaping & Lawn Service, Inc.Jessy Oterosuperlandscape@bellsouth.net2200 NW 23 Avenue Miami FL 33142 Tenusa inc Pedro BofillTenusaplb3@gmail.com6619 south Dixie highway Miami FL 33143 The Green Experts Misael Rojasmrojassr68@gmail.com4121 SW 47th AVE Davie FL 33314 Small Business Valentino's Painting Signs Corp Angel Pereiraangel@valentinospaintingsigns.com9455 W Flagler St Apto C606 Miami FL 33174 Hispanic Owned, Small Business VisualScape Inc.Ivan Vilaivila@visualscape.com17801 NW 137 Ave Miami FL 33018 WGI, Inc.Brian Lamottebrian.lamotte@wginc.com14281 Key Lime Boulevard Loxahatchee FL 33470 190 191 MIAMI-DADE STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before lh e undersigned authority personally appeared GUILLERMO GA RCIA , who on oa th says that he o r she is th e DIRECTOR OF OPE RATIO NS , Le ga l Nolice s of the Miam i Da lly Busmess Review Ilk/a Miami Review , a da ily (except Saturday , Sunday and Lega l Holi days) newspape r, publlshed at Miam i in Miami-Dade County, Florida ; that th e attached copy of advertisemen t, being a Legal Advertisemen t of Notice in the matte r of CIT Y OF SOUTH MI AM I -RFP #P W2 0 22-08 in the XXXX Court, was published in said newspaper by pr int in th e issues of and/or by publication on the newspape r's website , if authorized, on 04 /08 /2022 Affiant furth er says that the newspape r comp lies with all legal for pub li cat io n in chapter 50 , Florida Swo and subscribed before me th is ~ GU ILLERMO GARCIA persona lly kn own to me ,.-j!:~~~':'i,f-, CHRISTINA LYNN RAVIX ;./ /:!,,\;, Commissio n #GG2777 71 ~i~~/J Expires November 19, 20 ·-.1;~~f::~•···· Bonded Thru Troy Fain Insure 800-385-7019 CITY OF SOUTH MIAMI BENCH REPLACEMENT IN THE DOWNTOWN AREA RFP #PW2022-08 SUBMITIAL DUE DATE: MAY 5, 2022 AT 10 AM The City is hereby requesting sealed proposals in response to this RFP #PW2022-08, BENCH REPLACEMENT IN THE DOWNTOWN A.REA. The purpose of this Solicitation is to contract for the services necessary for the completion of the project in accordance with the Scope of Services, (EXHIBIT 1, Attachments A, B, C & DJ and the plans and/or specifications, if any, described in th is Solicitation (hereinafter referred to as 'the Project " or "Project"). Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package by accessing the follow ing webpage: http://www.southmiamlfl.gov/ which is the City of South Miami's web address for solicitation information. The City will only receive submittals electronically through the DemandStar Electronic Bid System CE-Bidding). To register as a business, go to b!!Qs://network.demandstar.com/ Proposals must be received electron ically ,through DemandStar, no later than 10:00 A.M. local time {the "Closing Date") on May 5, 2022 and any Proposal received by the City through DemandStar after 10:00 a.m. local time on said date will not be accep\ed unaerany circumstances. Hand delivery will not be accepted. - E-BID OPENING VIA VIDEO CONFERENCING: The opening of E-B ids for this solicitation will occur a\ 10:30 A.M . local time on (the Closing Date, May 5, 2022. The City Clerk will conduct the E-Bid Opening through video conferencing using the Zoom platform. Members of the public may view the meeting via Zoom at https://zoom.usfJ/3056636339, or listen to the meeting on a dedicated phone line by dialing + 1-786-635-1003 Meeting ID: 3056636339. 4/8 Nkenga A. Payne, CMC, FCRM City Clerk, City of South Miami 22-134/0000590450M 980 JOLLY ROAD SUITE 300 BLUE BELL, PA 19422 Current Principal Place of Business: Current Mailing Address: 980 JOLLY ROAD SUITE 300 BLUE BELL, PA 19422 US Entity Name: BRIGHTVIEW LANDSCAPE SERVICES, INC. DOCUMENT# K51636 FEI Number: 95-4194223 Certificate of Status Desired: Name and Address of Current Registered Agent: CT CORPORATION SYSTEM 1200 S PINE ISLAND RD PLANTATION, FL 33324 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: Electronic Signature of Signing Officer/Director Detail Date FILED Mar 31, 2022 Secretary of State 5804440469CC JONATHAN GOTTSEGEN SECRETARY 03/31/2022 2022 FLORIDA PROFIT CORPORATION ANNUAL REPORT No Title DIRECTOR Name HEROLD, JEFF Address 980 JOLLY ROAD SUITE 300 City-State-Zip:BLUE BELL PA 19422 Title PRESIDENT Name HEROLD, JEFF Address 980 JOLLY ROAD SUITE 300 City-State-Zip:BLUE BELL PA 19422 Title SENIOR VICE PRESIDENT Name GONZALEZ, CHARLES Address 980 JOLLY ROAD SUITE 300 City-State-Zip:BLUE BELL PA 19422 Title TREASURER Name TYLER, ROBERT Address 980 JOLLY ROAD SUITE 300 City-State-Zip:BLUE BELL PA 19422 Title CEO Name HEROLD, JEFF Address 980 JOLLY ROAD SUITE 300 City-State-Zip:BLUE BELL PA 19422 Title ASSISTANT SECRETARY Name KUEHN, TOMAS Address 980 JOLLY ROAD SUITE 300 City-State-Zip:BLUE BELL PA 19422 Title SECRETARY Name GOTTSEGEN, JONATHAN Address 980 JOLLY ROAD SUITE 300 City-State-Zip:BLUE BELL PA 19422 Title ASSISTANT TREASURER Name WILKINSON, TIMOTHY Address 980 JOLLY ROAD SUITE 300 City-State-Zip:BLUE BELL PA 19422 Continues on page 2 192 Title ASSISTANT TREASURER Name KNAUS, KATRIONA Address 980 JOLLY ROAD SUITE 300 City-State-Zip:BLUE BELL PA 19422 Officer/Director Detail Continued : Title ASSISTANT SECRETARY Name DESANTIS, SUSAN Address 980 JOLLY ROAD SUITE 300 City-State-Zip:BLUE BELL PA 19422 Title DIRECTOR Name MASTERMAN, ANDREW Address 980 JOLLY ROAD SUITE 300 City-State-Zip:BLUE BELL PA 19422 193 194 MIAMI-DADE STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned au tho rity per sona ll y appe ared GUILLERMO GARCIA, who on oath says that he or sh e is the DIREC TOR OF OPERAT IONS , Leg al Notices of the Miami Da ily Bus.iness R e view f/k/a Miami Review , a daily (exce pt Satu rda y, Sunday and Legal Holid ays) newspaper, published at Miami in Miami -Dade County , Florida ; th at th e atta ched co py of advertisement, bei ng a Leg al Advertise ment of Notice in the ma tte r of CITY OF SOUTH MI A MI. PUBLI C HE ARIN GS -JUN . 21 . 2022 i n the XXXX Court, wa s publish ed in sa id newspaper by pri nt in the issues of and/o r by publication on the newspaper's website, if authorized , on 06 /10/2022 Affi ant furth er sa ys that the newspaper complies with all lega l fo r publication in cha pt er 50 , Florida Swo rn and subsc ribe d before me th is 10 day o , A.D. 2022 ..• •;~f.f.'::···•.. CHRISTI NA LYNN RAVIX J·· Ji.~:~ Commlsslon#GG 27777 1 ~-~-~; Expires November 19 , 2022 ···~k¥,r,.?.':··· Bonded ThruTroy Fail~ ~7019 CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS In order to balance the need for the City of South Miami to function and conduct vital business during the COVID 19 pandemic and , at the same time, to protect the health, safety and welfare of its citizens, officers, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286.011, Fla. Stat, the C ity's Home Rule Powers, and City Manager's declaration of a state of emergency d ue to the Coronavirus, the City will be holding its C ity Commission Meeting live in chambers and VIRTUALLY through commun ications med ia technology (CMl) until the state of emergency has ended or social d is tanc ing is no longer required by any relevant Execut ive Orders. All Commission members will participate in Chambers or by video conferencing through the Zoom platform and' members of the public may join the meeting via Zoom at (bttg_s://zoom.usa,'.3056636338) and participa te. At a mini mum , at least three members of the City Commission will be physically present in the City Commission Chambers and they will be broadcast on the Zoom platform along· with all other members of the Commission, City Staff and the.public who may attend remotely from the Commiss ion Chambers and from other locations. The meeting is scheduled to begin on Tuesda June 21 2022 at 7:00 .m . to consider the following public hearing item(s): • A Resolut ion ratifying the three-year Collective Bargaining Agreement from Jun e 22 , 2022 to Jun e 21, 2025 between the American Federation of State, County, and Municipal Employees (AFSCME), local 3294 and the City of South M iami, and authorizing its execution by the City Manager. A Resolut ion authorizing the City Manager to enter into a multi-year agreement and to procure services with BrightView landscaping Services, Inc. for Citywide landscaping Services. An Ordinance amending the South Miami Pension Plan; by amend ing Chapter 16 'Pensions ', Article II 'City Pension Plan ", 'Section 16-28, 'Deferred Retirement Option Plan ('DROP ')' 195 , An Ordinance amending Chapter 15, Article I, Section 15-62 of the City of South Miami Code of Ordinances regarding the hunting a.oo shooting of animals. If you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at ht! ://www.southmiamifl. ov/580/Publ ic-Meetin s-Notices. Anyone who wishes to review pending application, supporting documentation or who _desire..,.to, have documents made avai lable for viewing by..everyone during the meeting must contact the City Clerk by calling 305-663-6340. Note that pursuant to Florida Statutes 286.0105, a person who decides to appea l any decision made by a Board, Agency or Comm ission with respect to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the proceed ings including the testimony and evidence upon which the appeal is to be based. ADA: To request a modification to a policy, practice or procedure or to re- quest an auxiliary aide or service in order to part icipate in a City program, activity or event, you must on or before 4:00 p.m. 3 bus iness days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl .gov. N~enga A. Payne, CMG, FCRM City Clerk 1 The minimum standards for adopting a resolution or enacting an ordinance are set forth in 166.041(4) "' A majority of the members of the governing body shall constitute a quorum. An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution. ••· 6/10 22-55/0000602359M 18SE ...................................................................................................NEIGHBORS SUNDAY JUNE 12 2022 196 Great rates. Great service. 1.30°C~. 1. 70°C~. 2.00°C~. 2.50°C~. 29-Month CD Special $500 Minimum 39-Month CD Special $500 Minimum 49-Month CD Special $500 Minimum 59-Month CD Special $500 Minimum The best CD rates aren't just on line. They are at your neighborhood Third Federal, too. With convenient locations to serve you, call or visit us today. Same great rates available in-branch and at www.thirdfederal.com. Member FDIC SAVINGS & LOAN thirdfederal.com Call or visit one of our convenient locations. Boca Raton I 561-347-7433 • Delray Beach I 561-637-6469 Greenacres I 561-964-6660 • North Palm Beach I 561-630-6488 Coral Springs I 954-340-4032 • Hallandale I 954-457-2488 Plantation I 954-472-6039 IINIIINltOMI...,.._. -· 'Annual Percentage Yield (APY) is accurate as of 5/26/22 . Minimum deposit of $500 to open and earn stated APY. Deposits over $1,000,000 subject to review. CDs subject to penalty forearty withdrawal. An early withdrawal may reduce earnings. Offers and rates subject to change at any time. Funds insured according to FDIC insurance requirements. ©2022 Third Federal CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS In order to balance the need for the City of South Miami to function and conduct vital business during the COVID 19 pandemic and , at the same time, to protect the health, safety and welfare of its citizens, officers, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286 .011, Fla . Stat, the City's Home Rule Powers, and City Manager's declaration of a state of emergency due to the Coronavirus, the City will be holding its City Commission Meeting live in chambers and VIRTUALLY through communications media technology (CMn until the state of emergency has ended or social distancing is no longer required by any relevant Executive Orders. All Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (https://zoom.us/j/3056636338) and participate. At a minimum , at leastthree members of the City Commission will be physically present in the City Commission Chambers ' and they will be broadcast on the Zoom platform along with all other members of the Commission, City Staff and the public who may attend remotely from the Commission Chambers and from other locations . The meeting is scheduled to begin on Tuesday June 21 2D22 at 7:DD o.m. to consider the following public hearing item(s): A Resolution ratifying the three-year Collective Bargaining Agreement from June 22 , 2022 to June 21, 2025 between the American Federation of State, County, and Municipal Employees (AFSCME), Local 3294 and the City of South Miami, and authorizing its execution by the City Manager. A Resolution authorizing the City Manager to enter into a multi-year agreement and to procure services with BrightView Landscaping Services, Inc. for Citywide Landscaping Services. An Ordinance amending the South Miami Pension Plan; by amending Chapter 16 "Pensions", Article II "City Pension Plan", "Section 16-28, "Deferred Retirement Option Plan ("DROP")" An Ordinance amending Chapter 15, Article I, Section 15-62 of the City of South Miami Code of Ordinances regarding the hunting and shooting of animals. If you desire to present evidence or you are unable to use Zoom , there are procedures to follow and other options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at http://www.southmiamifl.gov/580/Public-Meetings-Notices. Anyone who wishes to review pending application, supporting documentation or who desire to have documents made available for viewing by everyone during the meeting must contact the City Clerk by calling 305-663-6340 . Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board , Agency or Commission with respect to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based. ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event , you must on or before 4:00 p.m . 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-66:Hi340, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl.gov. Nkenga A. Payne, CMC, FCRM City Clerk 1 The minimum standards for adopting a resolution or enacting an ordinance are set forth in 166.041 (4) *** A majority of the members of the governing body shall constitute a quorum. An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution.*** The Public is advised that a Public Hearing will be held on Tuesday, June 14, 2022 at 9:30 A.M., by the Miami-Dade County Board of County Commissioners {BCC) in the Commission Chambers located on the Second Floor of the Miami-Dade Stephen P. Clark Center, 111 N. W. First Street, Miami, Florida 33128. Among other matters to be considered at this meeting, a public hearing will be held at such time that the items are called on the following ordinance and resolution : ORDINANCE RELATING TO THE SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AREA; AMENDING SECTION 29-6 OF THE CODE OF MIAMI- DADE COUNTY, FLORIDA; REVISING DELEGATION OF EXERCISE OF POWERS OF THE SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY; EXTENDING THE TERMINATION DATE OF THE AGENCY; MAKING TECHNICAL CHANGES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE RESOLUTION ACCEPTING ASSESSMENT OF NEED STUDY; MAKING FINDINGS AND APPROVING, AFTER A PUBLIC HEARING, THE SOUTHEAST OVERTOWN PARK WEST REDEVELOPMENT AREA'S AMENDED COMMUNITY REDEVELOPMENT PLAN RELATED TO THE GEOGRAPHIC AREA KNOWN AS THE SOUTHEAST OVERTOWN PARK WEST, WHICH IS DESCRIBED AS A PORTION OF MIAMI -DADE COUNTY, FLORIDA, GENERALLY BOUNDED BY NW 22ND STREET TO THE NORTH, NW 7TH AVENUE TO THE WEST, NW 1 ST PLACE TO THE EAST AND NW 1 ST STREET TO THE SOUTH; APPROVING OF AND AUTHORIZING THE COUNTY MAYOR OR MAYOR'S DESIGNEE TO EXECUTE AN AMENDMENT TO THE 1983 INTERLOCAL COOPERATION AGREEMENT BETWEEN MIAMI-DADE COUNTY ("COUNTY"), THE CITY OF MIAMI ("CITY"), AND THE SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("AGENCY"), SUBJECT TO CONDITIONS PRECEDENT AND APPROVAL BY THE CITY AND THE AGENCY; WAIVING RESOLUTION NOS. R-1382 -09, R-871-11, R-599-15, AND R-499-16, WHICH REQUIRE PARTICIPATION OF COUNTY COMMISSIONERS, COUNTY REPRESENTATIVES, AND/OR PRIVATE CITIZENS ON COMMUNITY REDEVELOPMENT AGENCIES' BOARDS OF COMMISSIONERS; EXTENDING THE LIFE OF THE AGENCY AND THE SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AREA UNTIL MARCH 31, 2042 IN ACCORDANCE WITH SECTION 163.3755, FLORIDA STATUTES; DIRECTING THE COUNTY MAYOR OR MAYOR'S DESIGNEE TO IDENTIFY LEGALLY AVAILABLE FUNDS FROM WITHIN THE FISCAL YEAR 2021-2022 COUNTY BUDGET TO FUND THE WAIVER OF THE 1.5 PERCENT ADMINISTRATIVE FEE CHARGED TO THE AGENCY FOR THE REMAINING LIFE OF THE AGENCY AND TO INCLUDE THE WAIVER OF THE 1.5 PERCENT ADMINISTRATIVE FEE IN THE COUNTY MAYOR'S PROPOSED BUDGET FOR FISCAL YEAR 2022-2023; AND REQUIRING A REPORT All interested parties may appear and be heard at the time and place specified above. Copies of the resolution may be obtained from the Clerk, Board of County Commissioners, 17th Floor of the Miami-Dade County Stephen P. Clark Center, 111 N.W. First Street, Miami, Florida, 33128. A person who decides to appeal any decision made by the Board, Agency or Commission with respect to any matter considered at this meeting or hearing will need a record of the proceedings. Such person may need to ensure a verbatim record of the proceedings is made, including the testimony and evidence upon which appeal is to be based. Miami-Dade County provides equal access and equal opportunity in the employment and services and does not discriminate on the basis of handicap. Sign Language Interpreters are available upon request. Please call (305) 375-2820 at least five (5) days in advance. For legal ads online, go to http://legalads.miamidade.gov