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HomeMy WebLinkAboutCertification of Contract Everglades Environmental Care JOO{; - ;'b~ /3 c 1/ - b f)O~ m MIAMI BEACH CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: GROUNDS MAINTENANCE SERVICE CONTRACT NO.: 09-05/06 EFFECTIVE DATE(S): Three (3) years from date of execution of this Contract with three (3) additional one (1) yearrenewal options SUPERSEDES: N/A CONTRACTOR(S): Everglades Environmental Care, Inc. A. AUTHORITY - Upon affirmative action taken by the City Commission and City Clerk of the City of Miami Beach, Florida, on June 7, 2006, simultaneous negotiations were authorized, and based on the results of the Best and Final Offers (BAFO) submitted from the top two-ranked contractors, this Contract has been approved for award and execution by the City of Miami Beach Florida and Everglades Environmental Care, Inc. B. EFFECT - This Contract was entered into to provide Landscape Maintenance Services, on an as needed basis. Therefore, all required services shall be made under the terms, prices and conditions of this Contract, Request for Proposals (RFP) No. 09-05/06, all addenda thereto, and CONTRACTOR'S proposal in response thereto. C. ORDERING INSTRUCTIONS - All standing orders shall be issued in accordance with the City of Miami Beach Procurement Division policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. All Standing Orders shall reference the City of Miami Beach Contract Number (09- 05/06). D. CONTRACTOR PERFORMANCE - City of Miami Beach Greenspace Management shall report any vendor failure to perform according to the requirements of this Contract to the Procurement Director 305-673-7490. E. INSURANCE CERTIFICATE(S) - CONTRACTOR shall file Insurance Certificates, as required, and they must be signed by a Registered Insurance Agent licensed in the State of Florida and approved by the City of Miami Beach Risk Manager. F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. Page 2 Certification of Contract In addition, CONTRACTOR shall not subcontract any portion of the work required by this Contract. CONTRACTOR represents that all persons delivering the services required by this Contract have the knowledge and skills, by either training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to CITY's satisfaction for the agreed compensation. CONTRACTOR shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of CONTRACTOR's performance and all interim and final product(s) provided to or on behalf of CITY shall be comparable to the best local and national standards. G. SERVICE EXCELLENCE STANDARDS - Excellent Customer Service is the standard of the City of Miami Beach. As a contract employee of the CITY, CONTRACTOR'S employees will be required to conduct themselves in a professional, courteous and ethical manner at all times and adhere to the City's Service Excellence standards. Training will be provided by the City's Organizational Development and Training Specialist. H. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the CITY, may not submit a bid on a contract with the CITY for the construction or repair of a public building or public work, may not submit bids on leases of real property to the CITY, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the CITY, and may not transact any business with the CITY in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the CITY purchase and may result in Contractor debarment. 1. INDEPENDENT CONTRACTOR - CONTRACTOR is an independent contractor under this Contract. Services provided by CONTRACTOR pursuant to this Contract shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees, or agents of the CITY. This Contract shall not constitute or make the parties a partnership or joint venture. J. THIRD PARTY BENEFICIARIES Neither CONTRACTOR nor CITY intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 2 Page 3 Certification of Contract K. NOTICES - Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For CITY: Procurement Division 1700 Convention Center Drive Miami Beach. Florida 33139 AHn: Gus Lopez. Procurement Director With copies to: City of Miami Beach Parks and Recreation Department Attn: Kevin Smith Parks and Recreation Director 2100 Washin2ton Avenue Miami. Florida 33139 For CONTRACTOR: Ever2lades Environmental Care. Inc. AHn: Thomas delBosQue. President 16705 NW 122nd Avenue Miami. Florida 33018 L. MATERIALITY AND WANER OF BREACH - CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth in this Contract, and the documents incorporated hereto is substantial and important to the formation of this Contract and, therefore, is a material term hereof. CITY's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. M. SEVERANCE - In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY or CONTRACTOR elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 3 Page 4 Certification of Contract N. APPLICABLE LAW AND VENUE - This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, CONTRACTOR and CITY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract. CONTRACTOR shall specifically bind all subcontractors to the provisions of this Contract. O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed by the CITY and CONTRACTOR. P. All documents shall be executed satisfactorily to the CITY and until Insurance Certificates have been filed and approved, this Contract shall not be effective. Q. The Contract Documents which comprise the entire Agreement between CITY and CONTRACTOR are attached to this Contract and made a part hereof, and consist of 1.) this Certification of Contract; 2.) the City's RFP and any and all addenda thereto; and 3.) CONTRACTOR'S proposal in response thereto. 4 12/19/2006 12:55 FAX 305 673 7851 CMB PROCUREMEMT DIVISION 141004 Page 5 Certification of Contract CERTIFICATION OF CONTRACT TmS CONTRACT made this 7 fl... day o( $tNG 20 Ob , A.D. between the CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter referred to as CITY, which term shall include its successors and assigns, and Evemlades Environmental Care. Inc. Attn: Thomas delBosoue. President 16705 NW 122Dd Avenue MiamL Florida 33018. hereinafter referred to as CONTRACTOR. Yearly Full Service Maintenance Cost (34 service visits): 5468.000.00 Additional Services Valued at $75.000/Annuallv: Irrigation repairs including valves and timers: 52 additional litter pickups (Mondays): Repair of Landscape damage @ $100.00 (cap/incident): Water and maintenance of proposed flower baskets (on 41st, nst Streets and Normandy Drive): Iff4. (Seal) ~~~ - - - President ~~, k\~~ Print Name IN WITNESS WHEREOF the said CITY has caused this Certification of Contract to be signed by the Mayor of the City of Miami Beach. Florida and its corporate seal to be affixed, attested by the City Clerk of the City of Miami Beach and the said CONTRACTOR has caused this Contract to be signed it its name. /7 ;/ / I / CONTRACTOR cnyhF r , ,/ " rj t------ Y Mavor David Dermer 11:0' p~~ City Clerk Robert Parcher BEACH ATTEST: ~ ~A.j .nhh.vt. Secretary APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION J)OJ>.l Nf.......lrMA~ Print Name 5 F:\PURC\$ALL\JOHN\ContractsIGrounds ~ .j:>. 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CJ1 Ol 0 0 ,0 0 0 0 '0 c.n c.n III - 0 '0 !g 0 0 0 0 , '" '" ... 0 0 '0 0 0 0 !'J 0 '0 !" 0) 0 0 0 0 0 0 ... 0 ,0 ... 0 0 0 0 0 0 ~i 0 0 '" ----1 ' , 0) .. I ::T ...... REQUEST FOR PROPOSALS GROUNDS MAINTENANCE SERVICE RFP # 09-05/06 BID OPENING: JANUARY 20. 2006 AT 3:00 P.M. Gus Lopez, CPPO, Procurement Director PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beoch, FL 33139 wwwomiamibeochflogov F:\PURC\$ALL\Moria\RFP'S\OS-06\RFP-09-OS-06 Grounds Maintenance Service\RFP 09-05-06.doc e MIAMI BEACH D (wo, - . '. ,r" ,~ i'~" " L:r.JAt'l TJvit:NT STA"!l', ur rLV......,,.. ~tpartmtnt of i1grlcultun Rnb f:tmlfUmtr 6trb{ctl DUREA.U OF ENTOMOLOGY &. rEST CONTROL \ ' \ I Date Oc:lllber 15, 1005 r" FileNo. JD5611 Expires October 31,2006 THE PEST CONTROL FIRM NAMED BELOW HAS REGISTERED UNDER THB PROVISIONS OF CHAPTER 482 FOR THB PERIOD EXPIRING: October 31, :Z006 AT 16705 NW 122 AVENUB MIAMI. FL 33011 EVERGLADES ENVIRONMENTALCARB POBOX 297200 PEMBROKE PINES, FL 33029 Lawn &. Ornamenla' ~ #...&-- CIIARLE5H BRONSON. COMMISSIONER :",I~." c~t ____~_~~... A. ."I-'--_~~'.~~_.~~:.~tFu - .-~.~'" , " ~..-:,"",\.~. 'i ir.4111-:- ;::....:,~."-;,~~ T "''':lil,.. '.~ '..\;:-Jo>...... ~,~t ~~Hu'T~.;r/'.-':'..-,-'"~ YmLlo'"/.;. STATE O~ FLORIDA ~tpartmtnt of iIlJrfcu(turt llnb tonlumrr 6trlrluI BUREAU OF ENTOMOLOGY &. rEST CONTROL Dale June 21, 200S File No. JF62S4 Expires June 1,1006 THE CERTIFIED PEST CONTROL OPERATOR NAMED nELOW liAS REGISTERED UNDER THE PROVISIONS OF CHAPTER 482 FOR THE PERIOD EXPIRING: June 1,1006 STEVEN l MAZZARELLA . 1464 ST I\LlION DR LOXAHATCHEE, FL 33470 L.wn &. Orn.mrnl., ad. #...&-- I " CIlARLES H BRONSON. COMMISSIONER ~,OI'''.~_IIfI~~ ..::-... /"~..J._."I~~"A"~~'\\ ,-....., .~oJlij.A.~.\-..+;"-' ,'/nj~l."-",;:-, ",- ~~:!I-1 ~i::__~ ",,. T~.~l~__-1"""" y ...l,-'-___~~I\'. ,...J.(III-;-' 7", ,\\\-1\" 'G,,/-/~ STATE OF FLORIDA ~tpartmtnt of IgrfcuCtun anb <<:onfumu 6Ubfctf BUREAU OF ENTOMOLOGY &. PEST CONTROL '" Dale October IS, 100S Expires Oetober J I I 1006 FileNo. JE50588 THE ID CARD HOLDER NAMeD BBLOW HAS REGISTERED UNDER TIlB PROVISIONS OP CHAPTER 482 FOR THe PERJOO EXPIRING: Octobedl,1006 "'.' AT EVERGLADES ENVlRDNMENTAL CARE MIAMI. FL 3JOl8 ., ..i.,'~.; ;r.f I. STEVEN L MAZZARELLA EVERGLADES ENVIRONMENTAL CARR POBOX,297200 PEMBROKE PINES. FL 33029 Certlncd Operator c.&.,L #..A-- CHARLES ,n BRONSON. COMMISSIONER _.,"....A.~1 - "n.Io....I. ",....A.o1:1 J.'l'f.A.:'I.__-_~_~_~._!_~..~~_~ ---;" . . . INSURANCE CHECK LIST XXX 1.Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida. Comprehensive General liability (occurrence form), limits ofliabllltyS 1.000.000.00 per occurrence for bodily Injury property damage to Include Premlsesl OperaUons; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written In "Insurance requirements" of specifications). XXX3.Automobile Liability. $1,000,000 each occurrence - owned/non-ownedlhlred automobiles included. XXX 2. _ 4.Excess liability - $ . 00 p~r occurrence to follow the primary coverages. XXX 5. The City mast be named as and additional insured on the liability policies; and It must be stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value _ Liquor Liability _ Fire Legal liability _ Protection and Indemnity _ Employee Dishonesty Bond XXX Professional liability $ $ $ $ $ .00 .00 .00 .00 .00. $1.000.000 .00 xxx 7.Thirty (30) days written cancellation notice required. XXX a.Best's guide rating B+:VI or better. latest edlUon. XXX 9. The certificate must state the Quote number and title VENDOR AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specllcations and that evidence of this insurance may be required within five (5) days after Propo 0 ning. r;"e/~) "de; 6.,.>",. r~",.. ,j,) Vendo LAre. T:JL. December 22. 2008 City 01 Mlaml Beach AFPNo: ~ 22 of 52 ': A ,.r,,:)n' ~\:~;I" ",'ts+r'I' ~I:' '".:it;:..'"" ::.::~~,'^I#;:;:t~':::'I"le:i:WmM:;:.::~:INSUSr..NGE:i:i:iJ:;';~!:;.~;':{:~:.:',!i{ ODA~(0IolMl3bDM10 6 t~, :~.... ,:::W" n:.::~: W"':'".:,:,:~:F;::,::~,.,.., ','. ,'" ,."".'. "'."," . . '., ,'., ,", ...J,., '" 1 " , ., : ..' ,:.':.",.:.::: ,',.'.:' " ,: ':'. ",',",", . '.....,....'....'..'..... ..,...., THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORIIIATlON I'RODUCI!R ONLY AND CONFERS NO RIGHTS UPON THE CERnFlCATE FRANK H. FURMAN, INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEl.D OR FRANK H. FURMAN #A091425 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. BOX 1927 COMPANIES AFFORDING COVERAGE POMPANO BEACH, FL 33061 COMPANY A ST PAUL FIRE & MARINE INS CO IN8URED EVERGLADES ENVIRONMENTAL CARE INC 16705 N W 122ND AVE MIAMI FL 33018 COMPANY B COMPANY C COMPANY o THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED, NOlWlTHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF A~ CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE ~OLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXClUSIONS AND CONDITIONS OF SUCH POUCIES. UMITS SHOWN MAY HAVE BEEN R~DUCED BY PAID CLAIMS. ~ TYPE 0" INlURAHCI. POLICY NUMBER POUCY I!JIPeCTlVE POUCY EXPlftA110N LTA I DATE (UWDDIYYI DATE (MM.4:lD/VYI QENERAL LIABILITY G L 0 81 0 13 02 12 19/0 5 12 / 1 9 /0 6 X COMMERCIAL GENERAL LlABIUl'( - _._._ CLAIMS MAllE 00 OCCUR OWNER'S & CONTRACTOR'S PROT X PER PROJ AGG UUIfI FIRE DAMAGE (Any one I,.) . MEO EXP (Anyone per8<<l) . 000 000 000 000 100 5 000 000 000 000 000 000 GENERAL AGGREGATE 52 PRODUCTS. COMPIOP AOO .2 PERSDNAL & ADV IIIJURY .1 EACH OCCURRENCE .1 AUTOMOBLE L1AIlIUTY ANY AUTO ALL OWNED AUTOS SCHEDULEO AUTOS HIRED AUTOS NON.OWNED AUTOS COMBINED SINGLE LIMIT . BODILY ~URY (P., pe~l . 80DIL Y ~URY (P., Iccldenl) . PROPERl'( DAMAClE S GARAGE L1ABIUTY ANY AUTO. AUTO ONLY. EA ACCIDENT . o.!!iER lliAN AUTO. ONLY: EACH ACCIDENT . AGGREGATE S EXCESS LIABILITY Uto1BRElLA FORM OTHER THAN UMBRElLA FORM weRKERS CeUPI!NlATlOH AND EMPLDYERS' L1ABLITY EACH OCCURRENCE AGGREGATE -' . . S EL DtSEASE.POUCY LIMIT S EL DlSEASE.EA EMPLo.YEE S THE PROPRIETOR! PARTNERSiEXECUTIVE OFACERS ARE: OlliER INCL EXCL DESCRIPTIDN o.F o.PERATlOHSlLo.CAT1OHSNEIICLESISPECIAL ITEIIS PHONE (305)673-7720 FAX (305) 673-7392 ~~nflP~!~"!f,9~P'-Ft', :,P' . .......P '." ;..::..;..:<<;..;..:........ ..... rq~N~'~~'f'PR:{ , , P ;.......;.,.:-..::.:..:..:-:.:...:..:... . '-:;":"::::-:-.; :::;:;: "':':";':.. .... ,......'.........:......... :;.::.:.,.:):;.:.;..::..: .... . ... .... J P' ACORl):: ~;~ ::. (11t$) ....'.....'-:.:-:.-:.,:::..:.. .", .-,'-." ,. . lHOULD ANY o.F THI! ABDn DI!8CRIIlD PDUCIU lie CAHCELLm RFOIIE ntI! EXPIRATIDN DATE THEREOf. 11tE I8IUINQ COMPANY WLL EHDUYOR TO MAL ll- DAYB WRITTEN NOncE TO. THE CI!RTFICATE ItOL.DER NAIlED TO nfl! ~FT. BUT PALUIU!. TO MAIL SUCH Nona SHAll. _OSI! NO 08UQAl1ON Oft UULITl' eF ANY KIND' UPON 11tE COMPANY rra AQlDfTa OR RU"ea9fTl~" AUTHOR:;rRe:1~ ~ .......i...,,",nf'~<<~:~iilii:~ia:..~tIQi(1'... CITY OF MIAMI BEACH ATTN: JOHN OLDENBURG 2100 MERIDIAN AVENUE MIAMI BEACH, FL 33139 -- ACORD,.. CERTIFICATE OF LIABILITY INSURANCE I PAle I_V...", 'I 12/16/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA"OON Peter J Buchanan ONL V AND CONFERS NO RIGHTS UPON THE CERTIACATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ateman, Gordon & Sands, Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. O. Box 1270 Pompano Beach, FL 33061 INSURERS AFFORDING COVERAGE NAlC, INSURED INSURER A: Amerlaure Everglades Environmental Care, Inc. INSURER B: Amerlsure Mutual Insurance Co. 16705 NW 122 Avenue INSURER C: Miami FL 33018 INSURER 0: INSURER E: COVERAGES 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 /J.1.lY 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.J.ND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. . lTR SRr TYPE OF INSURANCE POUCV NUMBER P~ALf~ POlICV EXPIRAJlON UMITS ~ERAL UABlUTY EACH OCCURRENCE $ COMMERCiAl GENERAlllABlLlTY DAMAGE TO RENTED $ I CLAIMS MADE 0 OCCUR MED EXP (Any OM penon) $ I-- PERSONAl & ADV INJURY $ I-- GENERAL AGGREGATE $ n'L AGGREnE LIMIT APPLIES PER: PRODUCTS. COMPIOP AGG $ POLICY ~~g. n Loe B ~OMOBlLE UABIUTY 257014 12/19/05 12/1 9/06 COMBINED SINGLE LIMIT .!- ANY AUTO (Ea accident) $1,000,000 I.- AlL OWNED AUTOS BOOll Y It-UURY SCHEDULED AUTOS (Per person) $ ~ ~ HIRED AUTOS BODilY It-UURY .!- NON-OWNED AUTOS (Per accldenl) $ - PROPERTY DAMAGE i (Per acddenl) $ RAGE llABllITV AUTO ONLY. EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ I OESSNMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR 0 CLAIMS MADE AGGREGATE $ $ R DEDUCTiBLE $ RETENTION $ $ A WORKERS COMPENSATION AND WC129356S09 12/19/05 12/19/06 X I TVj,~JT~!!i;, I I OJ::' EMPLOVERS' LIABiliTY ANY PROPRIETOAiPARTNER/EXECUTIVE EL EACH ACCIDENT $100000 OFFICER/MEMBER EXCLUDED? $100 000 It ~es, describe under E.L. DISEASE. EA EMPLOYEE S ECIAl PROVISIONS below E,L DISEASE. POlICY LIMIT $500.000 I OTHER I DESCRIPTION OF OPERA nONS I lOCATIONS I VEHICLES I EXCLUSIONS ADDED BV ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER . City of Miami Beach 2100 Merldan Avenue Miami Beach, FL 33139 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCElLED BEFORE THE EXPIRA noN DATE THEREOF, THE ISSUING INSURER Will ENDEAVOR TO MAIL --1.0- DAYS WR~ NOTICE TO THE CERTIACATE HOLDER NAMED TO THE lEFT, BUT fA'LURE TO DO 10 'HAU. IMPOSE NO OBLIGATION OR llABILITV OF ANY KIND UPON THE INSURER, ITS A(IENTS OR REPRESENT A nVE9. J\UTHORlZED REPRESENTATIVE ACORD 2S (2001/08) 1 of 2 #M162056 CD @ ACORD CORPOflATION Hlel EVERGL,ADES . P.O. Box 297200 · Pembroke Pines, Fl 33029 (30S) 828-8282 · Fax (30S) 828-8080 PERFORMANCE EVALUATION SURVEY CONTACTS 1. Bill Castelli City of Coral Springs (954) 345-2143 2. Philip Mordente City of Pembroke Pines (954) 437-1111 3. Tom Evans Silver Lakes Community c/o Pines Property Management . (954) 438-6570 4. Kristin Robert Palm Lakes Plaza c/o Woolbright Development, Inc. (954) 974-1394 5. Brenda Yates Miramar Center Country Lakes (305) 446-0406 6. Abraham Nagib Memorial Hospital Miramar (954) 538-4589 7. Barbara Samuel Lucent Technologies c/o Cushman & Wakefield, Inc. (954) 885-2113 . LANDSCAPE INSTAllATION AND MAINTENANCE · AQUATICS MANAGEMENT · IRRIGATION . . . REQUEST FOR PROPOSALS NO. OQ..Q5I06 ACKNOWLEDGMENT OF ADDENDA Directions: Complete Part lor Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP: 09- 05/06 Addendum No.1, Dated Addendum No.2, Dated Addendum No.3, Dated Addendum No.4, Dated Ol/OS/O(o O~/;~~Do~n ~/ J 0 I 0 C? Addendum No.5, Dated Part II: No addendum was received In connection with this RFP. Verified with Procurement staff Name of staff Date N\~O(D , (0 te) ~mbeI' 22. 2006 City of MIami Beech RFP No: 08-0Ml0 2Aof62 . . . DECLARATION TO: City of Miami Beach City Hall 1700 Convention Center Drive Procurement Division Miami Beach, Florida 33139 Submitted this~dayof -S~nu~'(tl ' ,2006. The undersigned, as. consultant, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this responses or in the Contract to which this response pertains; that this response is made without connection or arrangement with any other person; and that this response Is In every respect fair and made in good faith, without collusion or fraud. The consultant agrees if this response Is accepted. to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the consultant and the City of Miami Beach, Florida, for the performance of all requirements to which the response pertains. The consultant states that the response is based upon the documents Identified by the following number: RFP No.09-05/06 Oec.ember 22. 2006 City of MIam Beach RFP No: oe.osooo ~o'62 . SWORN STATEMENT UNDER 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 OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to C i 1 ~ r11 /tit ~J1? i /?; edcA [print name of public entity] ue 'd rint Indl dual's name and title] for _[\\P'\~\.~c\~S [n\J \f"(")rWY1e.n-t~ \ ~d("e. I '1.() C . [print name of entity submitting sworn statement] whose business address Is '~lOC:; ~ W \2..2. A\Je.nlJ€.) ~\&\')}~ . fL ?,3DI S}- and (if applicable) Its Federal Employer Identification Number (FEIN) Is Cn6-C'iL>15J.C,4 (If the by entity has no FEIN, Include the Social Security Number of the individual signing this swom statement: . .) 4. 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 business with any public enUty or with an agency or pOliUcal subdivision of any other state or of the United States, including, but not limited to. any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and Involving antitrust, fraud. theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 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, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined In Paragraph 287.133 (1 )(a), Florida Statutes, means: 1) A predecessor or successor of a person convicted of a public entity crime; or 2) 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" Incfudes 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 another person, or a pooling of equipment or Income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime In Florida during the preceding 36 months shall be considered an affiliate. . December 22,?OOll Clty 01 MIami Boach RFP No: l>>.clio'OO 26ot52 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 applies to bid 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. Based on information and belief. the statement which I have marked below is true in relation to the enj' submitting this sworn statement. [IndIcate whIch statement applies.] Neither the entity submitting this sworn statement. nor any 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 its officers. directors, executives, partners, shareholders, employees. members or agents who are active In 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 submittlng 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 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 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] . 5) 6) . 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 EOR CATEGORY lWO OF ANY CHANGE IN THE INFORMATION CONTAlNEO IN THIS FO~ i1Ut ~ [slgnatu day of -:S~Y'\l)&Y-l{ Swom to and subscribed before me this 24~'" .2<re Personally known r/ OR Produced identification Notary Public - State of _+10 Y" i d d My commission expires ()~. Z Z , 200)( . (Type of Identification) I( It-lLv/ )1iUl-- (Printed typed or stamped Commissioned name of Notary Public) (D~ Karen C. Gross 0x0mIIIIa0 # DD35342'7 ~ R1plrea: OCT. 22, 200S BoGdcd 'Ibrv ~ Allude BoocIio& CG.. IDe. Oeoambef 22. 2006 Clty 01 Miaml Beech RFP No: og.<<JOe 270152 QUESTlONNI,JRE . Consultant's Name: Principal OffIce Address: OffIcial Representative: (Circle One) If . COrDor.tlon. answer this: When Incorporated: DPr'e.vY\ be ~ . 1 q q 5 In what State: . \ f"\D'(' " ~ do . If. Forelan COrDoratlon: Date of Registration with Florida Secretary of State: Name of Resident Agent: Addr... of Resident Agent: President'. Name: 1"\1rW'<\NS de\ ~(1~~Ue. Vlce.p~~ldent'. N'Ill'e: J J -tt-v Jt,J rJ:A?.. "?.. A rP Ill+ TreasY[er's H.aple: A '- . ---f::!o~ eJ.r.L ~L.{ U MA.J.I Members of Board of Directors . OllclHnber 22. 2OC8 City of Mlei'/ll BEach RFP No: 0MeI00 28 of 52 . Questionnaire (continued) If I Partnership: Date of organization: General or Limited Partnershlp*: Name and Address of Each Partner: NAME ADDRESS * Designate general partners In a limited Partnership . I. Number of years of relevant experience business: In operating AlE 2. Have any agreements held by Consultant for a project ever been canceled? Yes ( ) No 6A If yes. give details on a separate sheet. 3. Has the Consultant or any principals of the applicant organization failed to qualify as a responsible Bidder, refuaed to enter Into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be In default In any contract In the last 5 years? No If yes, please explain: . o-mber 22, 2000 City of Mleml Beach RfP No: Oll.oMJll 501112 . . . Questionnaire (continued) 4. Has the Consultant or any of Its principals ever been declared bankrupt or reorganized under Chapter 11 or put Into receivership? Yes ( ) No (vf 5. If yes, give date, court Jurisdiction, action taken, and any other explanation deemed necessary on a separate sheet. Person or persons Interested In this bid and Qualification Form have ( ) have not (J been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To Include stockholders over ten percent (1004). (Strike out Inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed Involving the corporation, partnership or Individuals with more than ten percent (100/.) Intefest: A. List all pending lawsuits: ~ 0,..) e... B. List all Judgments from lawsuits In the last flve (5) years: ~D ~e.- C. List any criminal violations and/or convictions of the Consultant andlor any of Its principals: ~o"')L 7. Contllcts of Interest. The following relationships are the only potential, actual, or perceived conflicts of Interest In connection with this proposal: (If none, state same.) N 'Ol -e.- ~ 1 DllCCmber 2.2, 2006 City 0' ~laml Beach RFP No: ~oo 30 of 52 . . . Questionnaire (continued) 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conflict of Interest, either actual or perceived, with any Consultant andlor Individuals and entities comprising or representing such Consultant. and In an attempt to ensure full and complete disclosure regarding this contract. all Consultants are required to disclose all persons and entities who may be Involved with this propos'l. This list shall Include public relation firms, lawyers and lobbyists. The Procurement Division shall be notified In writing If any person or entity Is added to this list after receipt of proposals. [0(1') ,.Je...- Oecembe, 22. 2006 ClIyof M1amlllelch RFP No: ~!iIOO 31 of 52 . Questionnaire (continued) The Consultant understands that Information contained In this Questionnaire will be relied upon by the City In awarding the proposed Agreement and such Information Is warranted by the Consultant to be true. The undersigned Consultant agrees to furnish such additional Information, prior to acceptance of any proposal relating to the qualltlcatlons of the Consultant. as may be required by the City Manager. The Consultant further understands that the Information contained In thIs questionnaire may be conflrmed through a background Invllsllgatlon conducted by the Miami Seach Police Department. By submitting this questlonnalr. the Consultant agrees to cooperate with this Investigation, Including but not necessarily limited to fingerprinting and providing Information for credit check. WITNESS: IF INDIVIDUAL: Slgnatur. Signature Print Name Print Name WITNESS: IF PARTNERSHIP: Signature Print Name of Firm . Print Name Addres. By: General Partner Print Name IF CORPORATION: t\lP~ ~c\e. <:; [n\J'\'(o""t'V)@~Q~(e Print Name of Corporation \tn/OS k\.\~.j. \22 A\leYIve B~ ~tJ f ~ Addru. President . \ . . \ . '.\ \..) Attest: \"(\, y'\~~ <':':-i.~ \. K)<...ni\re.... (CORPORATE SEAL) . D~bet 22. 2008- CIty 01 MIami Beac:h RFP No: QO.05/08 S2ot62 lV !;: \f[J2.. b L,(jD ~ :=; Riak Alleaament Plan FormaC Please prioritize the ritkJ (lilt the greateat rllb flnt). Indicate the potentUd impact to COlt (In terms 0($), and/or tohedule (In terma of calendar DI)'II). YOlIIlII)' IdcVd,hlCe Ib, Ii,k IIblet ttdow U DIlllIlIW)', MaJor RJak HeIDI RJJk 11 Impact: Sollldon: Risk 21 Impact: Solatlonl Rhk31 Jmpaet: SqlutJon: RJJk 04: Impact' Solution: RISk !JI Impactl Solution: -.bI~ "" Co n&ir:ua' I' (') n Coet ($) .. \0 000 - 20.0on per year' Schedule (Oa)'s) ()() .so I"., 9 J::}::3.ve. 6l!!.~~(.g \ C~yi1'(A\~ihr":~ VY7ake. f'e.pa.if"s -Hurn' r..;)y)~ c:;: COlt(S) ~~o ~ ~ ScbcdU)C1(Oays) ~~,.~ :I:.n FtJ"tur h ,... s . :rV'V1rJeV)1~,,;1 p}C,}Q ;0 re.dJ.J j s. -11otO( ve.bicJe. damaSe Coat ($) ~~~o~ 't~OI~~~ '/J%Jf. SobeduJtl~aY1) ~n90If)g .I I). &1'"___ ....S- ("\___ ~___-ry r\.,~n't''''9 ~re..a tides i"r-;~ / ~~~ . Co.t(S~ ~~Jlm{- ;u~;; f~~::. Scbed~I.(Oa)'.) . . Coor'd,\na___ _1fig______.I__ _11h t:L'b\,c. 'Woiks ."c:l-u.'~dule._ J ,Mlt \\o~e.\e.ss re.sidiV'l~ iV\ ~upllc ~reQ)s. Colt ($) Sehodule: (Oays) IU.tk 6: Imp.elr Cost (S) Solation I Sohodull' (Day.) Ri.k 71 IJllpactl Coat ($) SolUtIoll1 Schedule: (DI)'I) Rbk 8: Imp.ct: COlt ($) 1!I0lUttODI Sc:he4uhl (DaY') lUIk 91 Impaetl Cost (S) 801l1tton: Schedule (DI)'S) Risk 101 Impact: Colt (S) Soli. doni PIPS 2006 ScbcduJe (Oays) 1 Y.lu~ Add.d ODtiollur nur.renflal. (",hlt YO" will do thAt the ptller. do Ilotl Vea40n mould identify any value added optlODJ Of differential I that they are PropoItne. and include a abort dacription of how it adell value to the project. Identify ttthe hea win increue or dccreue 8cbedv.1e, cost, or expectation. You l1li)' IddId....... valuollblw bolGll' .. J1~. ltun 11 Impact: Itllm 2: Impact: Itedl3e Impaet: Item iCe Impact: Item 5: Impact: P;ck up ~'< BncLJebcis Mond,,~ of f71~ ~.. COlt(S) Schedule (DlyJI) ~o~a8lY" f6d.~ll QfC\l\de.. ~ Q'5t. Assp~meni I'"e~ri id91"\iifyiVlg fiitV(E Trp-e hNWrd$ . Co.t (S) \"\ I C. Schedule (DlyJI) ~~~~?e ~ ~J1~~ @~l~si~ S!~~~%~~On \Mpd~d bV ~nSl~2t;OV' ~~l{Y 9\~'~g hl"dS be.'~c.k= t-.~veh~@~ ~end solut.'onS Coat ($) i _ . Soh (Oa)'8) "t~ ~\~iWli'2..e ("ep\ace~nTCos. Coat (S) Schedule (Oay.) JfJ)~ql, (qp,Ktmu'l tII m'lHtGDell Mileltonee (start, finieh, no or workdays) Total number of workdaya PIPS 2006 2 RISK ASSESSMENT PLAN Identification of risks to this project: 1. New Construction: There are continual new construction and building renovation projects throughout the areas of this R.F.P., especially Collins Avenue. They are a major source of damage to the cities irrigation and streetscape plantings. Contractor damage to underground pipes is quickly covered over with no attempt to repair the damage. Construction areas fences are set up bordering beach walks, public walkways and business districts. No attempt is made by the General Contractor to clean up the construction debris which collects along the fence line. The way to remedy this problem has to be in the building permitting process. Before issuing a building permit an evaluation of existing irrigation and landscape that will be impacted must be identified and the restoration tied to the building C.O. Contractors are completing projects and moving on without restoring what they damaged. II. Hurricanes: In the past two years hurricanes have destroyed the landscaping in the area of this R.F.P. This can be minimized going forward by: 1. Proper pruning and thinning of existing trees. 2. Trees remaining after these hurricanes need to be evaluated for future hazards. A program to remove weak trees should continue until only structurally sound trees and tree species which have proven to withstand hurricane winds are remaining. 3. Selecting the right trees for the right location. III. Motor vehicle damage: Motor vehicles are a constant cause of damage to the cities streetscapes. While all accidents can not be avoided there are some design faults that contribute to the damage. 7th Street is a good example of a streetscape planting which will continually be damaged by motor vehicles because of the locations of the planting beds. Espanola Way has the same problem with parked cars on landscape beds. Washington Avenue medians have a problem with canopy trees growing out into the lanes of traffic. The hurricane has eliminated the majority of these trees, now is a good time to replace them with something else. IV. Benefits of Risk Assessment: By identifying these risks we can put procedures in place to avoid repeating the same problems going forward. By holding construction companies accountable for their impact to the cities landscape, we can put the cost of restoration back on their shoulders. By designing landscapes that will not be in the way of traffic flow we can minimize continual vehicle damage. By taking the opportunity now to replace hurricane damaged trees with better species, we can minimize future tree replacement cost. By assessing and removing weak and hazardous remaining trees we can minimize future clean up costs and property damages, which could result from future hurricanes. <9 MIAMI BEACH City of Miami 8eClch, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fox: 305-673.7851 February 10, 2006 RE: ADDENDUM NO.4 TO REQUEST FOR PROPOSALS (RFP) No. 09-05/06 - GROUNDS MAINTENANCE SERVICES (the "RFP") In response to questions received by prospective proposers until 5:00 p.m. on February 5, 2006 which was established by Addendum No.3 as the deadline for receipt of questions, the RFP is hereby clarified and amended as follows: 1. The RFP opening date is changed form February 15th, 2006 to February 17th, 2006 at 3:00 p.m. 2. The deadline for receipt the Performance Evaluation remains February 2200, 2006. 3. Q In page 2 of addendum # 3, there is a language that reads ~Schedule (Maximum six milestones) Can you please clarify this? 4. A. Milestones can be considered as the completion of an activity. The contractors should therefore break everything he has to do in a maximum of six activities and show according to the time he expects them to begin and when he expects them to end. Methodology, Approach, and the Risk Assessment Plan are valued at 15 points. Addendum 3, # 7 requires a fully anonymous risk assessment plan be submitted separately from RFP. Can you please clarify this and how points will be awarded since this plan will be submitted anonymously? a. 5. A. The Risk Assessment Plan should not include any information that would identify the contractor or marketing material (product manufacture names etc.) It will be included in a separate envelope wit the contractor's proposal and then opened and numbered by an individual who is not involved in rating the risk assessment plans. The anonymously Risk Assessment Plans will be graded by the committee members without Identify the identity of the contractor. The graded (1-15) Risk Assessment will be recorded along the overall grade. In the Risk Assessment Plan there is a line labeled cost, is this cost to the contractor or a cost to the City? a, A. Risks should be identified in terms of cost, time, and owner expectations. The cost here describes any additional cost required to minimize the potential risk identified by the contractor. If a risk is recognized, the way to minimize the risk and the cost of minimizing it should be also identified. The cost is the cost to the contractor in minimizing the risk and therefore to the City, if the risk is not minimized. If the contractor cannot minimize the risk identified, the City should know about it before the contract is awarded. February 10, 2006 (Amended) RFP No: 09-06108 City of Miami Beach . 6. CUSTOMER SERVICE STANDARDS All City employees have been trained and are expected to perform to the City of Miami Beach's customer service standards. All vendors and contractors that are partnered with the City are also expected to perform and comply with these customer service standards. The customer service standards are provided below and are segmented based on different forms of customer interactions. Information is also provided on how these customer standards are monitored. Telephone . Telephones will be covered at all customer-contact points during normal business hours answering within the third ring. . Phone messages received will be responded to (if requested) In a timely manner, two business days, even If just to acknowledge receipt. An estimate of time to resolve the problem to be given if applicable. . Calls coming from external sources will be answered with a consistent greeting such as "Good morning, City of Miami Beach, John Smith, may I help you?- . Employee will take responsibility for providing a solution andlor options to the customer's request. . Request permission from the caller before transferring a call, provide the caller with the name and number of the person being transferred to, and stay on the line to announce the caller to the person receiving the transfer. If the transfer cannot be accomplisher (busy, no answer or the person is unavailable), the employee will reconnect with the caller and ask if they want to leave a message. . Voice mail messages will include employee's full name, working hours, and optional phone number to call. When employee is away for an extended period of time, the voice mail message will communicate such absence and offer an option for the caller. . Thank the customer for calling and ask if further assistance is needed prior to concluding the call. Written Correspondence . Correspondence start with a greeting . E-mail signatures (e-mail) will Include the name, title, department. division, and contact number. . Activate the e-mail Out-of Office Assistance when away from the office for and extended period of time. . Acknowledge e-mails and faxes that require a response within two business days. . Respond to letters within 10 business days. . Use correct spelling and grammar, including accurate name and address. February 10. 2008 (Amended) City of Miami Beach RFP No: 09-05106 . Provides complete, accurate, and precise information regarding their inquiry. . Fax cover sheets will be legible and include name, telephone number, and the name and fax number of the receiver. Personal Contact . Respond to customers in a courteous manner... the customer is not always right, but always deserves to be treated with respect. . Provide accurate and understandable solutions/options to customer requests or directs the customer to the appropriate person who may have knowledge in the subject matter. . Average or maximum wait time without an appointment should be no longer then 30 minutes or scheduled for a mutually convenient time. . Counter will be staffed during business hours. . Employees will dress in attire that is professional, tasteful, appropriate and consistent with the Individual departmental policies. Monitoring our Standards . Our customer service team will oversee all customer service standards. . If we do not meet our standards, we will implement an action plan to improve our service. . We will listen and do all we can to resolve issues. . For questions and/or concerns, contact the Answer Center at 305-604-CITY. Contractors are reminded to please acknowledge receipt of this addendum as part of your proposal submission. Contractors that have elected not to submit a bid please complete and return the "Notice to Prospective BiddersD questionnaire with the reason(s) for not submitting a bid. February 10, 2000 (Amended) City of Miami Beech RFP No: 011-05106 <9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov PROCUREMENT DIVISION lei: 305-673-7.490 , Fax: 305-673-7851 January 27, 2006 RE: ADDENDUM NO.3 TO REQUEST FOR PROPOSALS (RFP) No. 09-05/06 - GROUNDS MAINTENANCE SERVICES (the "RFpn) In response to questions and requests for additional information received by prospective Contractors at the pre-Proposal Submission meeting of January 12, 2006, and the Administration's additional review of the requirements set forth in the RFP, the RFP is hereby amended as follows: 1. Section IV, on page 14, entitled "Minimum Requirements I Qualifications" is revised (words added are denoted by an underscore; words deleted are denoted by a strikethrough) to read as follows: a) The Prime Contractor shall submit incorporation or other business entity I form documentation with their proposal. Contractor shall have been in continuous services and incoroorated in the State of Florida for a minimum of four (4) vears. b) The Prime Contractor or its contractor's consultants must be licensed with all required State and/or Local government licenses, and permits (irrigation, pest control, horticultural services, etc.). c) The Prime Contractor must have on staff. under his/her full time emolovee a oerson with an undereraduate four vear decree or araduate degree in horticulture. aeronomy or related field or recoanized as a Florida Certified Landscaoe Contractor bv the Florida Nurservmen Growers and Landscaoers Association (FNGLA) to serve as Proiect Manaaer. d) The Prime Contractor must have an I. S. A. Certified Arborist on staff, or "mEter sOAlfact 3S 3 69F1Gultant as Dart of their team. e) The Prime Contractor must have a Certified Pest Control Operator on staff or WAder controct 36 a eeAGultant as oart of their team. t) The Prime Contractor must orovide a drua and alcohol free workolace 2 EMERGENCY RECOVERY SERVICES In the event of a declared emereencv and the emergencv is of sufficient maenitude that the City needs to utilize disaster related services. those services are aenerallv subiect to reimbursement bv the County. State and Federal governments. FEMA as the orincioal federal aaency dealina with January 25. 2006 (Amended) CIty of Miami Beach RFP No: 09-05106 disaster recoverv Drefers that aQreements for disaster services be out in olace orlor to an emeroencv and where oossible. the services be obtained by a biddina orocess. ConseQuentlY. the successful contractor must aaree to add a oravision to the Citv's contract that allows for a fair and reasonable contract orice for emeraencles (i.e. hurricanes), if market conditions warrant such action. This oravision. as recommended bY FEMA. orotects the City from over oricinQ in an emergencY. 3. ADDITIONAL LOCATIONS . GROUP A-NORTH BEACH BUSINESS AND RESIDENTIAL AREAS: Harding Ave Chops: The 60 new landscaped chops ("bump outs") recently installed along Harding Ave beginning at 65th Street and continuing along both sides of Harding Ave. south to 75th Street. . GROUP C-41ST I WASINGTON AVE STREETSCAPE: Espanola Way: Streetscape and trees along both sides of Espanola Way from Washington Ave to Euclid and along Drexel Ave south of Espanola to and Including the cul-de-sac median and North of Espanola to 15th St. 4. The deadline for receipt the Performance Evaluation has been changed from January 26, 2006 to February 22ndh, 2006. 5. The RFP opening date is changed from February 9th, 2006 to February 15th, 2006 at 3:00 p.m. 6. The deadline for receipt of questions has been changed from January 27th, 2006 to February 5th, 2006 by 5:00 p.m. 7. The Risk Assessment Plan should be submitted by 3:00 o.m. on Februarv 1511'1. 2006. but as a seoarate document from the RFP orooosal documentation. The Risk Assessment Plan should be a fullY anonymous two Dace non-technical Dlan without the soeciflcation of your comoany name. manufacturer. or any material technical descriotions. Please see the attached examole. Please be advised that the successful Contractor's contract will not be amended to add 64 parking lots. The City will Issue a separate RFP for landscape and litter control services that will include the parking lot and garages. Contractors are reminded to please acknowledge receipt of this addendum as part of your proposal submission. Contractors that have elected not to submit a bid please complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a bid. January 25, 2008 (Amended) City or Miami BelIch RFP No: 09-05100 Risk Assessment Plan Format Please prioritize the risks (list the greatest risks fmt). Indicate the potential impact to cost (in terms of $), and/or schedule (in terms of calendar Days). You may addIdelete the risk tables below as necessary. Maior Risk Items Risk 1: Impact: --Cost ($)---~~=:====:_ . Solution: Risk 2: Impact: Solution: Risk 3: Impact: Solution: Risk 4: Impact: Solution: Schedule (Days) Cost ($) Schedule (Days) Schedule (Days) Cost ($) Schedule (Days) Cost ($) Risk 5: Impact:--C-ost($T"-"-_~.==='=~~~==-==~=:':====--=-----SchedUie(Days)'--===-_==~=~== Solution: _'___"_R_~'~__~_~"_______'__'___'_______'_______'______~_____._.______.__._______~~____.___._______ Risk 6: Impact:' Cost {ij-'--:====:::===-----~=====---schedule (Days)----....==:=~__________ Solution: Risk 7: Impact: Solution: Risk 8: Impact: Solution: Risk 9: Impact: Solution: Cost ($) Schedule (Days) .-c,)st.($)-'--.------------------.- Schedule (Days) __....____.___________.____________.____________.__.______.___~____________A__________ Schedule (Days) Cost ($) ._._._w________~._._.__.___._.__._.._______..__.._____----------------.------.-.---.---------~.-----.---. Risk 10: Impact: ---Cost($5'--.-_~=:_=__~==--~====:=__'====~=~--.-Schedule-(Days) -----------------== Solution: PIPS 2006 .._.._._._._.k..__.___~__.___...__..__._____._._._~_~~_~~__..____.__.___.______~____________.__ 1 Value Added Options or Differentials (what vou will do that the others do not) Vendors should identify any value added options or differentials that they are proposing, and include a short description of how it adds value to the project. Identify if the items will increase or decrease schedule, cost, or expectation. You may add/delete the value tables below as necessary. Item 1: Impact: --C~st ($)--==-=~=_________.____,_._-- Schedule (Days) ~=~=====---=- Item 2: Impact: Cost ($) Schedule (Days) Item 3: Impact: Cost ($) Schedule (Days) Item 4: Impact: "-C-ost($)-=======_~_________~----Schedule (DayS)--.--==~=--==~"--------_.._-- Item 5: Impact: Cost ($) Schedule (Days) Schedule (maximum six milestones) Milestones (start, finish, no of workdays) Total number of workdays PIPS 2006 2 C9 MIAMI BEACH City of Miami Seac:h, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov PROCUREMENT DIVISION lei: 305<173-7490, Fax: 305~73-7851 January 13, 2006 RE: ADDENDUM NO.2 TO REQUEST FOR PROPOSALS (RFP) NO. 09-05/06 - GROUNDS MAINTENANCE SERVICES (the "RFP") In response to questions and requests for additional information received by prospective Contractors at the pre-RFP meeting of January 12, 2006, and the Administration's additional review of the requirements set forth in the RFP, the RFP is hereby amended as follows: 1. Bid opening date is changed from January 20, 2006 to February 9, 2006 at 3:00 p.m. 2. The deadline for receipt of questions has been changed from January 16, 2006 to January 27,2006, by 5:00 p.m. 3. The City will issue another addendum early next week, which will provide additional information and modifications. You are not required to acknowledge receipt of the addendum to be deemed responsive. CITY OF MIAMI BEACH ///p I~,-; . , - t......-- Gus Lopez, CPPO Procurement Director F:\PURC\$ALL\Marla\RFP'S\05-o&\RFP-09-oS-o6 Grounds Maintenance Servlce\AddendumNo 2.doc November 4. 2005 (Amended) City of Miami Beach Bid No: 04.05106 26 of 37 e MIAMIBEACH City of Miami Beach, 1700 Convention Cenler Drive, Miomi Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION T 81: 305-673-7490 , Fox: 305-673.7851 January 5, 2006 RE: ADDENDUM NO.1 TO REQUEST FOR PROPOSAL NO. 09-05/06 -- GROUNDS MAINTENANCE SERVICE (the "RFplI) In response to questions and requests for additional information received by prospective Proposers, please find attached information pertinent to previous bid tabulations and contract awarded to various companies, for similar work (Grounds Maintenance Services ). Inasmuch as this change does not materially affect the RFP document, proposers are not required to acknowledge this addendum to be deemed responsive. Bidders that have elected not to submit a proposal, please complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. I BEACH G s Lopez, CPPO Pr rement Director me F:\PURC\$ALL\Maria\RFP'S\05-06\RFP-09-05-06 Grounds Maintenance Service\AddendumNo 1.doc e MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tet: 305-673-7490, Fox: 305-673-7851 PUBLIC NOTICE GROUNDS MAINTENANCE SERVICE Request for Proposals (RFP) No. 09..05/06 Scope of Services This Request for Proposals (RFP) seeks responses from licensed and high performing contractors with strong professional qualifications in grounds maintenance services. Pursuant to the City Key Intended Outcome to Maintain and Enhance the Cleanliness Levels Throughout the Community, the City's Parks and Recreation Department is in need of a "best valueQ solution. The work consists of furnishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, services and incidentals necessary to provide complete landscape maintenance services as speCified herein. The work shall include but not be limited to, litter retrieval and waste disposal, mowing, edging, landscape maintenance, herbicide /insecticide application, turf management, athletic field turf management, irrigation system operation maintenance / repair and replacement of plants as required. Proposed cost shall include all labor, equipment and materials needed to perform those duties set forth in the scope of work, and traffic control. Sealed proposals will be received until 3:00 PM on January 20, 2006, at the following address: City of Miami Beach City Hail Procurement Division - Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 Any response received after 3:00 PM on January 20, 2006 will be returned to the contractor unopened. The responsibility for submitting proposals before the stated time and date is solely the responsibility of the contractor. The City will not be responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. A Pre-Proposal Submission Meeting is scheduled for January 12, 2006 at 10:00 a.m. at the following address: City of Miami Beach City Hall 1700 Convention Center Drive Fourth Floor City Manager's Smail Conference Room 1700 Convention Center Drive Miami Beach, Florida. December 22, 2006 CIty of Miami Beach RFP No: O9-O!lI06 2 of 62 The City of Miami Beach has contracted with BldNet and has begun utilizing a central bid notification system created exclusively for state and local agencies located in South Florida. Created in conjunction with Bid Net(s ), this new South Florida Purchasing system allows for vendors to register online and receive notification of new bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: www.govbids.comlscripts/southfloridaJpubliclhome1.asp. If you do not have Internet access, please call the BidNet(r) support group at 800-677-1997 extension # 214. Attendance (in person or via telephone) to this Pre-Proposal submission meeting is encouraged and recommended as a source of information but is not mandatory. Contractors interested in participating in the pre-Proposal submission meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-800-915-6704 (Toll-free North America) (2) Enter the MEETING NUMBER: *2659960* (note that number is preceded and followed by the star (*) key). Contractors, who are Interested In participating via telephone, please send an e-mail to mestevez@miamibeachfl.gov expressing your intent to participate via telephone. The City of Miami Beach reserves the right to accept any proposal deemed to be in the best interest of the City of Miami Beach, or waive any Informality in any proposal. The City of Miami Beach may also reject any and all proposals. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSAL IS SUBJECT TO THE FOLLOWING ORDINANCES/RESOLUTIONS. WHICH MAY BE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: htto:/Iwww.miamibeachfl.aov/newcitv/deots/ourchaselbidintro.aso . CONE OF SILENCE -- ORDINANCE NO. 2002-3378 . CODE OF BUSINESS ETHICS - RESOLUTION NO. 2000-23679. . DEBARMENT PROCEEDINGS - ORDINANCE NO. 2000-3234. . PROTEST PROCEDURES - ORDINANCE NO. 2002-3344. . LOBBYIST REGISTRATION AND DISCLOSURE OF FEES - ORDINANCE NO. 2002- 3363. . LIVING WAGE REQUIREMENT -ORDINANCE NO. 2001-3301. Pursuant to City of Miami Beach Living Wage Ordinance, as codified in Chapter 2, Division 6, Section 2-407 thru 2- 410 of the Miami Beach Code, all service contractors, entering into a contract with the city shall pay to all Its employees, a living wage of not less than $6.56 an hour with health benefits, or a living wage of not less than $9.61 an hour without health benefits. For a covered employer to company with the living wage provision by choosing to pay the lower wage scale ($6.56/hour) when a covered employer also provides health benefits, such health benefits shall consist of payment of at least $1.25 per hour toward the provision of health benefits for covered employees and their dependents. Oec:ember 22, 2006 City of MIami BlllICh RFP No: 09-0llI06 30f62 ce MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 305-673-7851 TABLE OF CONTENTS Paae I. REQUEST FOR QUALIFICATIONS OVERVIEW AND REPONSE PROCEDURES A. Introduction/Analysis 5 B. Purpose 6 C. RFP Time Table 6 D. Qualification Submission 6 E. Pre-Proposal Submission Conference 7 F. Contact Person 7 II. SCOPE OF SERVICES 9 III. PROPOSAL FORMAT 12-13 IV MINIMUM REQUIREMENTS / QUALIFICATIONS 14 V. EVALUATION/SELECTION PROCESS/ CRITERIA FOR EVALUATION 15-16 VI. LEGAL TERMS AND CONDITIONS /INSURANCE 17-21 VII. QUALIFICATION DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY 24-32 -Cost Information .Organlzatlonal Chart -Risk Assessment Plan -Acknowledgment of Addenda -Declaration .sworn Statement/Section 287.133(3)(a). Florida Statutes - Public Entity Crimes .Questionnaire .performance Evaluation Letter .performance Evaluation Survey 12 12 13 24 25 26-21 28-32 34 35 December 22. 2006 CIty 01 Mlaml8each RFP No: ~5106 40162 SECTION I - OVERVIEW A. INTRODUCTION I BACKGROUND Pursuant to the City Key Intended Outcome to Maintain and Enhance the Cleanliness Levels Throughout the Community, the City's Parks and Recreation Department is in need of a "best value" solution. The work consists of fumishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, services and incidentals necessary to provide complete landscape maintenance services as specified herein. The work shall include but not be limited to, litter retrieval and waste disposal, mowing, edging, landscape maintenance, herbicide linsectlcide application, turf management, athletic field turf management, irrigation system operation maintenance / repair and replacement of plants as required. Proposed cost shall include all labor, equipment and materials needed to perform those duties set forth in the scope of work and traffic control. The locations of the work referenced in the above document are located throughout the City of Miami Beach, they include the following areas: GROUP A-NORTH BEACH BUSINESS AND RESIDENTIAL AREAS . Allison Island Entrance plantings on right of way, Guardhouse and Median plantings, trees and palms. . Collins Avenue from the 6900 Block North to 75th Street including all Streetscape plantings and palms on east and west rights of way. All rights of way (swales) adjacent to City properties including but not exclusive to parking lots. . Public Beach Accesses East of Collins Ave from 6900 Block north to 75th Street. . Ocean Terrace 73rd Street from Collins Ave East and then North to the Coral rock walls including all planters, palms, rights of ways (swales) and medians (chops) including hedges Immediately east of coral rock walls north to and including 75th Street to Collins. . 63rd Street from Collins Ave. to Indian Creek including both rights of ways (swales), landscaping at all intersections, medians and below overpass. . Indian Creek Medians: All medians from the 63rd St f1yover north, up to and inCluding the first median north of Abbott. . 84th Street Parking Lot Landscaping on right of way (swale) only; from back of curb [Collins Ave.] east to parking meters. From sidewalk on south end up to and including Beach Access on north end of site. . 67th Street from Collins Ave. to Indian Creek. All Streetscape planters. . 69th Street Beach Access from Collins Ave east to Spoil Area (coral rock wall) . Collins and 72nd Street Parking Lot right of way (swale) along Collins Ave ONLY. Parking Lot landscaping NOT included. . 75nd St. Library On Collins. All grounds and landscaping. . 71.t Street Sidewalk planters on both right of ways (swales) from the coral rock wall westward to Rue Gran Vllle Drive. December 22. 200ll CIty of MI8m18Nch RFP No: 0ll.00f06 5of52 GROUP B-NORMANDY BUSINESS DISTRICT: . Normandy Fountain Triangular medians (2) located on 71 st Street just west of Bay Drive. . Normandy Business District all Streetscape plantings and palms located along 71 st Street and Normandy Drive from Bay Drive West to Rue Notre Dame. . 75th Street All streetscape plantlngs and palms from Collins Ave west to Dickens. . 77th Street All streetscape plantings and palms from Collins Ave to the Guardhouse entrance at Biscayne Point (Noremac Ave.) . Calais Drive All Streetscape plantings, palms and trees from Bay Drive west to Biarritz GROUP C-41sT STREET/W ASHINGTON AVE STREETSCAPE . 41st Street: All streetscape plantings, trees and palms along the rights of way and intersections on 411\ St. from Collins Ave. west to Alton Rd. . Washington Ave. All Streetscape plantlngs, trees and palms from Lincoln Road South to Government Cut including Rights of Ways (swales) and Medians. . 3rd Street Streetscape plantings, palms, trees from Washington Ave west to Michigan Ave. B. PURPOSE It is the intent of this RFP is to use the "Best Value" Procurement process to select a contractor with the experience and qualifications; the ability; capability, and capacity; and proven past successful performance In providi~g high quality ground maintenance service. C. RFP TIMETABLE The anticipated schedule for this RFP and contract approval is as follows: RFP Issued December 19, 2005 Pre-Proposed Submission Meeting January 12, 2006 Deadline for receipt of questions January 16 2006 Deadline for receipt of responses January 20, 2006 Evaluation committee meetings January/February 2006 Commission approvall February/March 2006 authorization of negotiations Contract negotiations Projected contract start date March March/April 2006 2006 D. PROPOSALS SUBMISSION An original and ten (10) copies of Contractors' proposal will be received until 3:00 p.m. on January 20, 2006, at the following address: City of Miami Beach City Hall Procurement Division .. Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 The original and all copies must be submitted to the Procurement Division in a sealed envelope or container stating on the outside the Contractor's name, address, telephone number, RFP number and title, and due date. No facsimile or e-mail responses will be considered. December 22. 2008 CIty of Ml8mI Buch RFP No: O9-OMlll 6of62 The responsibility for submitting a response to this RFP to the Procurement Division on or before the stated time and date will be solely and strictly that of the contractor. The City will in no way be responsible for delays caused by the U.S. Post Office or caused by any other entity or by any occurrence. Responses received after the RFP due date and time will not be accepted and will not be considered. E. PRE-PROPOSAL SUBMISSION MEETING A pre-Proposal submission meeting is scheduled for January 12, 2005 at 10:00 a.m. at the following address: City of Miami Beach City Hall Fourth Floor City Manager's Small Conference Room 1700 Convention Center Drive Miami Beach, Florida. Attendance (in person or via telephone) is encouraged and recommended as a source of information but is not mandatory. Contractors interested in participating in the pre.RFP submission meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America) (2) Enter the MEETING NUMBER: *2659980* (note that number is preceded and followed by the star (*) key). Contractors who are interested in participating via telephone, please send an e-mail to the contact person listed on the next page, expressing your intent to participate via telephone. F. CONTACT PERSON The contact person for this RFP is Maria Estevez, Procurement Coordinator. Ms. Estevez may be reached by phone: 305.673.7490; fax: 305.673.7851; or e-Mail: mestevez@miamibeachfl.gov. The City's Procurement Director is authorized by the City's Cone of Silence Ordinance to have oral communications with prospective Contractors relative to matters of process or procedures only. Requests for additional information or clarifications must be made in writing to the Procurement Director. Facsimile or e-mail requests are acceptable. Please sent all questions to mestevez(Q>.miamibeachfl.aov and copy the City Clerk's office RObertParcher(Q>.miamibeachfl.aov. The Procurement Director will issue replies to inquiries and additional information or amendments deemed necessary in written addenda, which will be issued prior to the deadline for responding to this RFP. Contractors should not rely on representations, statements, or explanations other than those made in this RFP or in any addendum to this RFP. Contractors are advised that oral communications between the Contractors or their representatives and the Mayor or City Commissioners and their respective staff, or members of the City's administrative staff to include the City Manager and his staff, or evaluation committee members is prohibited. December 22. 2006 City 01 t.temI Beech RFP No: ~l5I06 70'62 G. TERM OF CONTRACT This contract shall commence the day specified in the contract as a result of negotiations, and remain in effect for a period of three (3) years. The City of Miami Beach has the option to renew the contract at its sole discretion for an additional three (3) year period on a year-to-year basis. Renewal of the contract is a City of Miami Beach prerogative- not a right of the contractor. Such option will be exercised, if at all, oniy when it is in the best interest of the City of Miami Beach. In the event that the contract is held over beyond the term herein provided it shall only be from a month-to-month basis only and shall not constitute an implied renewal of the contract. Said month to month extension shall be upon the same terms of the contract and at the compensation and payment provided herein, and shall not exceed six (6) months. ODtion to Renew / Adiustment to Contract Amount: In the event the City of Miami Beach exercises its option to renew beyond the initial three (3) year contract, the contract prices and any other terms the City may choose to negotiate, will be reconsidered for adjustment prior to renewal due to increases or decreases in labor costs; but In no event will the prices be increased or decreased by a percentage greater than the percentage change reflected in the Consumer Price Index - All Urban Areas (CPI-U) as published by the U.S. Deparbnent of Labor. The City of Miami Beach reserves the right to accept the renewal adjustment or to allow the contract to terminate and re-advertise for bids, whichever is in the best interest of the City. December 22. 2008 CIty of MIamI EIe8c:h RFP No: 09-0Ml6 8of52 SECTION II - SCOPE OF SERVICES The scope of work Includes the following services which are attached and labeled Attachment 10n pages 36 through 52. . Litter retrieval and waste disposal; . Mowing; . Edging; . Landscape maintenance; . Herbicide /insecticide application . Turf management, Including athletic field turf management; . Irrigation system operation maintenance; and . Repair and replacement of plants as required. 1. Personnel Requirements, Management SlIDervisor The Contractor shall maintain a Supervisor at the facilities at all times during the hours of operations. and such supervisor shall be able to be communicated with by pager, two way radio or cellular telephone. . The Supervisor shall have a degree in horticulture. agronomy. or a related field, or be a Florida Certified Landscape Contractor with a minimum of two years field supervisory experience and be able to manage all facets of the landscape management for the Contractor. The Supervisor must have excellent communication skills and be capable of directing all regular maintenance and additional landscape services and coordinate these with the designated City staff. The Supervisor shall constantly use their experience and training to prevent. detect and control adverse conditions by physically inspecting the landscape and properly guiding the maintenance program. . Provide a minimum of one (1) full time graduate horticulturist or Florida Certified Landscape Contractor to manage all facets of the landscape and turf management for the contractor. . Supervisors must have excellent communication skills and be capable of directing all regular maintenance and additional landscape services and coordinating these with the designated City of Miami Beach staff. . Supervisors shall constantly use their experience and training to prevent, detect and control adverse conditions by physically inspecting the landscape and properly guiding the maintenance program Contractor's Personnel Contractor shall employ personnel competent to perform the work specified herein. Contractor's employees shall be United States citizens or in possession of appropriate documentation permitting the employees to work in Dade County. The City reserves the right to request the removal of the Contractor's employee's from performing maintenance on the City's grounds where the employee's performance or actions are obviously detrimental to the program December 22. 2006 CltyotMlamlB8lCh RFP No: ~ eof62 2. Technical Services · To provide an adequate number of personnel specifically trained, experienced and licensed in the following areas: turf maintenance, Irrigation maintenance, tree maintenance, and horticultural pest control. · Provide a Certified Pesticide Operator through the State of Florida, Department of Health and Rehabilitative Services. · Provide an I.S.A. Certified Arborlst, with a minimum of five (5) years experience with South Florida trees. 3. Responsibilities of Contractor: Conduct Conduct standards for Contractor's employees should meet or exceed those required for City employees. The following are some guidelines: · Drugs and alcohol, or their use, is not permitted on City property nor are personnel allowed on property while under the influence of such substances. . Firearms or other weapons are strictly forbidden. . Fighting or loud, disruptive behavior is not permitted. All personnel will be subject to applicable City safety and security rules and procedures pertaining to conduct, vehicle use, property access, etc. Safety Contractor agrees to perform all work outlined in the Contract in such a manner as to meet all accepted standards for safe practices during the maintenance operation, to safely maintain equipment, machines, and materials, and to remedy hazards consequential or related to the work. The Contractor further agrees to accept the sole responsibility for compliance with all local, County, State or other legal requirements including but not limited to: (1) full compliance with the terms of applicable a.S.H.A. Safety Orders, (2) requirements of the Florida Department of Transportation Manual of Traffic Controls and Safe Practices For Street and , Highway Construction, Maintenance and Utility Operations, at all times so as to protect all persons including Contractor's employees, agents of the City, vendors, and members of the public or other firms from Injury or damage to their property. The City, through its Project Manager, reserves the right to issue immediate restraint or cease and desist order to Contractors when unsafe or harmful acts are observed or reported relative to the performance of the work under the Contract. December 22. 2006 City of MiamI Beac:h During normal working hours, Contractor shall obtain emergency medical care for any member of the public who is In need thereof, because of Illness or injury occurring on the site, including a prompt report thereof to the Project Manager. In performing the scope of work, all safety on or off the job site shall be the sole responsibility of the Contractor. The City shall not be responsible for safety on or off the job site. The City's on-site observations or Inspections shall be only for the purpose of verifying that the maintenance Specifications are being Implemented properly. The CIty's on-site observations or inspections are not for safety on or off RFP No: 0ll-0!iI06 100152 Oecember 22. 2006 City ol MIamI Beach the job site. Traffic Safety Control- The Contractor shall at his cost, observe all safety regulation; induding placing and display of safety devices, provisions of police to control traffic, etc. as may be necessary in order to conduct the public through the project area in accordance with F .0.0. T.'s "Manual on Traffic Controls and Safe Practices for Street Highway Construction, Maintenance and Utility Operations." Uniforms The Contractor will provide, at Contractor's expense, color coordinated uniforms for all personnel. Such uniforms shall meet Owners' pUblic image requirements and be maintained by Contractor so that all personnel are neat, clean and professional in appearance at all times. Non-uniform dothing will not be permitted, including for new employees. The successful contractor must obtain prior approval from the City on the size and format of the words "In Partnership with Miami Beach. Contractors Vehicles Contractor's vehicles shall be in good repair, free from leaking fluids, properly registered, of uniform color and shall bear the company name on each side in not less than 1-112" letters and must indude the following words "In Partnership with Miami Beach". The successful contractor must obtain prior approval from the City on the size and format of the words "In Partnership with Miami Beach". Magnetic signs will be allowed. Contractor's Eauioment All equipment shall be maintained in an efficient and safe operating condition while performing work under the contract. Equipment shall have proper safety devices maintained at all times while in use. If equipment does not contain proper safety devices andlor Is being operated in an unsafe manner, the City may direct the Contractor to remove such equipment andlor the operator until the deficiency Is corrected to the satisfaction of the City. The Contractor shall be responsible and liable for injury to persons caused by the operation of the equipment and must indude the following words "ln Partnership with Miami Beach". The successful contractor must obtain prior approval from the City on the size and format of the words "In Partnership with Miami Beach", Magnetic signs will be allowed. RFP NO: 0NIiI06 11ol52 SECTION 111- PROPOSAL FORMAT Proposals must contain the following documents, each fully completed, and signed as required. If any items are omitted, Contractors must submit the documentation within five (5) calendar days upon request from the City, or the proposal shall be deemed non-responsive. The City will not accept cost Information after deadline for receipt of proposal. 1. Table of Contents Outline In sequential order the major areas of the proposal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2: Proposal Points to Address: Proposer must respond to all minimum requirements listed below. Proposals which do not contain such documentation may be deemed non-responsive. a) Introduction letter outlining the Contractors professional specialization, provide past experience to support the qualifications of the submitter. Interested Contractors should submit documents that provide evidence as to the capability to provide grounds maintenance services. b) Contractors must provide documentation which demonstrates their ability to satisfy all of the minimum qualification requirements (Section IV, Page 14). c) Cost Information: Cost information must be submitted with your proposal, and if selected as successful contractor, cost will be negotiated. d) Client Survey: Please provide your client with the Performance Evaluation Letter and Survey attached herein on pages 34 and 35, and request that your client submit the completed survey to the contact person listed on page 7. e) Past Performance Information: Past performance information will be collected on all contractors. Contractors are required to Identify and submit their best projects. Contractors will be required to send out Performance Evaluation Surveys to each of their clients. Contractors are also responsible for making sure their clients return the Performance Evaluation Surveys to the City. The City reserves the right to verify and confirm any Information submitted in this process. Such verification may Include, but Is not limited to, speaking with current and former clients, review of relevant client documentation, site-visitation, and other independent confirmation of data. n Qualifications of Contractor Team: Provide an organizational chart of all personnel and consultants to be used on this project and their qualifications. A resume of each Individual, Including education, experience, and any other pertinent Information shall be Included for each team member to be assigned to this project December 22. 2006 RFP No: ~ City of ~m1 BelIch 12 0152 g) Risk-Assessment Plan (RAP): All contractors must submit a Risk-Assessment Plan. The Risk-Assessment Plan must not be longer than two pages front side of page only. The RAP should address the following items in a clear and generic language: (1) What risks the project has. (Areas that may cause the contractor not to finish on time, not finish with budget, cause any change orders. or be a source of dissatisfaction with the owner). (2) Explanation of how the risks will be avoided/minimize. (3) Propose any options that could increase the value of this project. (4) Explain the benefits of the Risk Assessment Plan. Address the quality an performance differences in terms of risk minimization that the City can understand and what benefits the option will provide to the user. No brochures or marketing pieces. 3. Acknowledgment of Addenda: (IF REQUIRED BY ADDENDUM) and Proposer Information forms (Pages 24-32); 4. Other Documents Required. Oeoember 22. 2006 City 01 Miami Beach RFPNo: ~ 13 of 52 IV. MINIMUM REQUIREMENTS I QUALIFICATIONS: a) The Contractor shall submit incorporation or other business entity / form documentation. b) Contractor or contractor's consultants must be licensed with all required State and/or Local government licenses, and permits (irrigation, pest control. horticultural services, etc.). c) Contractor must have on staff or as part of their team an individual with an advanced degree In horticulture, agronomy, or a related field or a person recognized as a Florida Certified Landscape Contractor by the Florida Nurserymen Growers & Landscapers Association (FNGLA) on staff. d) Contractor must have an J. S. A. Certified Arborist on staff, or under contract as a consultant. e) Contractor must have a Certified Pest Control Operator on staff or under contract as a consultant. OeQamber 22. 2006 City of Miami Beach RFP No: 09-0e0'06 14 of 62 SECTION V - EV ALUATION/SELECTION PROCESS The procedure for response evaluation and selection is as follows: 1. Request for Proposals issued. 2. Receipt of responses. 3. Opening of responses and determination if they meet the minimum standards of responsiveness. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each response in accordance with the requirements of this RFP. Iffurther information is desired, consultants may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee will recommend to the City Manager the response or responses acceptance of which the Evaluation Committee deems to be in the best interest of the City. THE EVALUATION COMMITTEE WILL RECOMMEND TO THE CITY MANAGER THE PROPOSAL WHICH THE EVALUATION COMMITTEE DEEMS TO BE IN THE BEST INTEREST OF THE CITY BY USING THE FOLLOWING CRITERIA FOR SELECTION: 1. The experience and qualifications of the Contractor (20 points). 2. The experience and qualifications of the Key Personnel (20 points). 3. Experience and qualification of Team (10 points). 4. Cost (20 points). 5. Methodology and Approach. Risk Assessment Plan for ensuring quality of work (15 points). 6. Past performance based on number and quality of the Performance Evaluation Surveys (15 points). The City may request, accept, and consider proposals for the compensation to be paid under the contract only during competitive negotiations. 6. After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the City Commission the response or responses acceptance of which the City Manager deems to be in the best interest of the City. 7. The City Commission shall consider the City Manager's recommendation(s) in light of the recommendation(s) and evaluation of the Evaluation Committee and, if appropriate. approve the City Manager's recommendation(s). The City Commission may reject City Manager's recommendatlon(s) and select another response or responses. In any case, City Commission shall select the response or responses acceptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. 8. Negotiations between the selected respondent and the City Manager take place to arrive at a contract. If the City Commission has so directed, the City Manager may proceed to negotiate a contract with a respondent other than the top ranked respondent if the negotiations with the top ranked respondent fail to produce a mutually acceptable contract within a reasonable period of time. 9. A proposed contract or contracts are presented to the City Commission for approval, modification and approval, or rejection. December 22. 2008 CIty or MIami EIMdl RFP No: 0G.()6I()6 15 of 62 10. If and when a contract or contracts acceptable to the respective parties is approved by the City Commission, the Mayor and City Clerk sign the contract(s) after the selected respondent(s) has (or have) done so. ImDortant Note: By submitting a response, all contractors shall be deemed to understand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. December 22. 2006 CIty of ~I BelIch RFP No: ~ 18 of 62 SECTION VI - LEGAL TERMS AND CONDITIONS IINSURANCE A. MODIFICATIONIWITHDRAWALS OF SUBMITTALS A contractor may submit a modified response to replace all or any portion of a previously submitted response up until the RFP due date and time. Modifications received after the RFP due date and time will not be considered. Responses shall be irrevocable until contract award unless withdrawn in writing prior to the RFP due date or after expiration of 120 calendar days from the opening of responses without a contract award. Letters of withdrawal received after the RFQ due date and before said expiration date and letters of withdrawal received after contract award will not be considered. B. RFP POSTPONEMENT/CANCELLATION/REJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP or in any responses received as a result of this RFP. C. COST INCURRED BY CONTRACTORS All expenses Involved with the preparation and submission of responses to the City, or any work performed in connection therewith, shall be the sole responsibility of the contractor (s) and not be reimbursed by the City. D. EXCEPTIONS TO RFP Contractors must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what alternative is being offered. The City, after completing evaluations, may accept or reject the exceptions. In cases in which exceptions are rejected, the City may require the consultant to furnish the services or goods originally described, or negotiate an alternative acceptable to the City. E. SUNSHINE LAW Contractors are hereby notified that all information submitted as part of a response to this RFP will be available for public Inspection after opening of responses, in compliance with Chapter 286. Florida Statutes, known as the Florida Govemment in the Sunshine Law. F. NEGOTIATIONS The City may award a contract on the basis of initial offers received, without discussion, or may require consultants to give oral presentations based on their responses. The City reserves the right to enter into negotiations with the selected consultant, and if the City and the selected consultant cannot negotiate a mutually acceptable contract, the City may terminate the negotiations and begin negotiations with the next selected consultant. This process may continue until a contract has been executed or all responses have been rejected. No consultant shall have any rights in the subject project or property or against the City arising from such negotiations. December 22. 200II CIty of Miami BMd1 RFP No: 09-05106 170162 G. PROTEST PROCEDURES Contractors that are not selected may protest any recommendation for selection of award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for protesting the CitY Manager's recommendation. Protest not timely pursuant to the requirements of Ordinance No. 2002.3344 shall be barred. H. RULES; REGULATIONS; LICENSING REQUIREMENTS Contractors are expected to be familiar with and comply with all Federal, State and local laws, ordinances, codes, and regulations that may in any way affect the services offered, including the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines. Ignorance on the part of the consultant will in no way relieve it from responsibility for compliance. I. DEFAULT Failure or refusal of a consultant to execute a contract upon award by the City Commission. or untimely withdrawal of a response before such award is made and approved, may result in forfeiture of that portion of any surety required as liquidated damages to the City; where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the consultant from the City's vendor list. J. CONFLICT OF INTEREST All consultants must disclose with their response the name(s) of any officer, dIrector, agent, or immediate family member (spouse, parent, sibling, child) who is also an employee of the City of Miami Beach. Further, all consultants must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the consultant or any of its affiliates. K. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS All Proposers are expected to be or become familiar with all City of Miami Beach Lobbyist laws, as amended from time to time. Proposers shall ensure that all City of Miami Beach Lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed herein, in addition to disqualification of their Proposals, in the event of such non-compllance. L. CONSULTANT'S RESPONSIBILITY Before submitting responses, each consultant shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will not relieve the successful consultant from any obligation to comply with every detail and with all provisions and requirements of the contract documents, or will be accepted as a basis for any claims whatsoever for any monetary consideration on the part of the consultant. M. RELATION OF CITY It is the intent of the parties hereto that the successful consultant be legally considered to be an independent consultant and that neither the consultant nor the consultant's employees and agents shall, under any circumstances, be considered employees or agents of the City. Deoember 22. 200e CIty of Miami Budl RFP No: ~ 18 of 62 N. PUBLIC ENTITY CRIME (PEC) A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO ($25,000.00) for a period of 36 months from the date of being placed on the convicted vendor list. O. ASSIGNMENT The successful consultant shall not enter Into any sub contract, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this contract. or of any or all of Its right, title, or interest therein, or its power to execute such contract to any person, firm, or corporation without prior written consent of the City. Any unauthorized assignment shall constitute a default by the successful consultant. P. INDEMNIFICATION The successful consultant shall be required to agree to indemnify and hold harmless the City of Miami Beach and its officers, employees, and agents, from and against any and all actions, claims, liabilities, losses and expenses, including but not limited to attorneys fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts or omissions or other wrongful conduct of the successful consultant, its employees, or agents in connection with the performance of service pursuant to the resultant Contract; the successful consultant shall pay all such claims and losses and shall pay all such costs and judgments which may Issue from any lawsuit arising from such claims and losses, and shall pay all costs expended by the City in the defense of such claims and losses, including appeals. R. TERMINATION FOR DEFAULT If through any cause within the reasonable control of the successful consultant, it shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the successful consultant of such termination which shall become effective upon receipt by the successful consultant of the written termination notice. In that event, the City shall compensate the successful consultant in accordance with the Agreement for all services performed by the consultant prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the consultant, and the City may reasonably withhold payments to the successful consultant for the purposes of set off until such time as the exact amount of damages due the City from the successful consultant is determined. Oecembe4' 22, 2IllOCI CIty of MlamI8Mch RFP No:~ 1\1 of 62 S. TERMINATION FOR CONVENIENCE OF CITY The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving written notice to successful consultant of such termination, which shall become effective thirty (30) days following receipt by consultant of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this section, the City shall compensate the successful consultant in accordance with the Agreement for all services actually performed by the successful consultant and reasonable direct costs of successful consultant for assembling and delivering to City all documents. No compensation shall be due to the successful consultant for any profits that the successful consultant expected to eam on the balanced of the Agreement. Such payments shall be the total extent of the City's liability to the successful consultant upon a termination as provided for In this section. T. INSURANCE Successful Consultant shall obtain I provide and maintain during the term of the Agreement the following types and amounts of insurance as indicated on the Insurance Checklist which shall be maintained with insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest edition of AM Best's Insurance Guide. Name the City of Miami Beach as an additional insured on all liability policies required by this contract. When naming the City of Miami Beach as an additional insured onto your policies, the insurance companies hereby agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. Any exceptions to these requirements must be approved by the City's Risk Management Department. FAILURE TO PROCURE INSURANCE: Successful consultant's failure to procure or maintain required insurance program shall constitute a material breach of Agreement under which City may immediately terminate the proposed Agreement. U. CONE OF SILENCE Pursuant to Section 2-486 of the City Code, entiUed Cone of Silence, you are hereby advised that the Cone of Silence requirements listed herein shall apply. V. DEBARMENT ORDINANCE Proposers are hereby advised that this RFQ is further subject to City of Miami Beach Ordinance No. 2000-3234 (Debarment Ordinance). Proposers are strongly advised to review the CIty's Debarment Ordinance. Debarment may constitute grounds for termination of the contract, as well as, disqualification from co!1slderation on any City of Miami Beach RFP, RFQ, RFLI, or bid. X. CODE OF BUSINESS ETHICS Pursuant to Resolution No.2000 23879 each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with your bid/response or within five days upon receipt of request. December 22. 2008 RFP No: ()i.OOIOll City of Mlaml8uch 20 0162 The Code shall, at a minimum, require your firm or you as a sole proprietor, to comply with all applicable govemmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City Code. Y. AMERICAN WITH DISABILITIES ACT Call 305-673-7490NOICE to request material in accessible format; sign language Interpreters (five days in advance when possible), or Information on access for persons with disabilities. For more Infonnatlon on ADA compliance please call Heidi Johnson Wright, Public Works Department, at 305-673-7080. Z. ACCEPTANCE OF GIFTS, FAVORS, SERVICES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the city shall accept any gift, favor or service that might reasonably tend improperly to Influence himlher in the discharge of hls/her official duties. Oec;embef 22. 2006 City 01 MiamI Buc:h RFP No: 0IHl6I06 210'52 ATTACHMENT 1 4.0 TECHNICAL SPECIFICATIONS 4.1 PURPOSE These specifications designate the manner in which basic maintenance tasks will be performed in order to achieve the overall Quality Objective, which is to maintain the landscaping on the listed sites in a healthy, growing, safe, clean, and attractive condition throughout the year. 4.2 STANDARDS AND REFERENCES The Contractor's Representative shall be well versed in Florida maintenance operations and procedures. All employees shall be competent and skilled in their particular job in order to insure that they properly perfonn the work assigned. The following organizations provide standards and publications which may be used as a guide for conducting grounds maintenance and services, under the Contract: A. Florida Cooperative Extension Services, 18710 SW 288 th Street, Homestead, Florida, 33030. B. Florida Turf-Grass Association, Inc., 302 Graham Avenue, Orlando, Florida, 32803-6399. C. National Recreation and Park Association, 1601 N. Kent Street, Arlington, Virginia, 22209. D. Florida Recreation and Park Association, 1406 Hays Street, Suite 1, Tallahassee, Florida, 32301. E. Florida Deparbnent of Transportation, "Manual on Traffic Controls and Safe Practices for Street & Highway Construction, Maintenance and Utility Operations. " 4.3 MATERIALS All materials supplied and used by Contractors shall be the best kind available and used in accordance with manufacturer's directions. Commercial products such as fertilizers and pesticides shall bear the manufacturer's label and guaranteed analysis. City inspectors may require tests and reject materials not meeting these specifications or manufacturer's guarantee. 4.3.1 Replacement Any plants which are damaged or die as a result of improper maintenance or lack of sufficient maintenance shall be replaced by the Contractor, within 10 calendar days upon discovery by the Contractor or notification by the City. The following criteria shall be used to determine if replacement is necessary. 4.3.1.1 Plants are not in a healthy growing condition and this renders them below the minimum quality standard (F1a.#I). 4.3.1.2 There is a question of any plants ability to thrive after the end of the thirty six (36) month maintenance period that would render it below the minimum quality standard (F1a.# I). 4.3.1.3 The plant material is dead. 4.3.1 The ten (10) calendar days may be extended due to seasonal conditions, availability, preparation time such as root pruning, etc., only if approved by the City, in advance. The extended time shall be negotiated between all parties concerned, but must receive (mal approval by the City. After the 10 day replacement period, the City may perfonn the work and withhold monies due to the Contractor for materials and labor costs. 4.3.3 Size, QuaUty and Grade of Replacement 4.3.3.1 Replacement material shall be of the same brand, species, quality and grade as that of the material to December 22. 2006 City of MIarnl Beach RFP No: 09.()5106 ae of 62 be replaced, or it shall conform to the Florida Grades & Standards for nursery plants Florida # 1 Quality, whichever is higher. The size of the replacement plants shall not be necessarily the same size as the original specified plant at its initial planting. The replacement shall be of equal size to the plant to be replaced at the time it has been determined that it must be replaced. However, iffor some reason, the plant to be replaced is smaller than the size to be replaced, the replacement shall be at least equal to the original size when the maintenance period began. 4.3.3.2 Plants shall be sound, healthy, vigorous, free from plant disease, insect pests or their eggs, and shall have normal root systems and comply with all State and local regulations governing these matters, and shall be free from any noxious weeds. 4.3.3.3 All trees shall be measured six (6) inches above ground surface. 4.3.3.4 Shaoe and Fonn: Plant materials shall be symmetrical, and/or typical for variety and species. 4.3.3.5. All plant materials must be provided from a licensed nursery and shall be subject to acceptance as to quality by the Project Manager. 4.3.3.6 Replacements shall be guaranteed for the length of the Contract, or six (6) months, whichever is greater. 4.3.3.7 The Contractor shall be responsible for hand watering the replacement (if required), for 42 calendar days after planting. 4.3.4 Water Should Contractor supply water, the water shall be fresh (non-salt), and containing no harmful levels of pollutants or chemicals. 4.3.5 Soil 4.3.5.1 Any soil supplied by Contractors shall be good, clean, friable top soil (or soil mix), free from any toxic, noxious or objectionable materials, including rocks, plant parts or seeds. 4.3.5.2 "Planting Soil Mix" shall be equal parts of Sphagnum peat moss, coarse sand, and composted organic matter, sterilized. 4.3.5.3 "Muck-sand-soil" shall be 70 percent muck and 30 percent course sand. 4.3.6 Fertilizer All fertilizer shall be the best commercial grade and except free flowing liquids, shall be delivered to site and be dry when processed for application. Fertilizers shall be in appropriate containers and tagged. Special pennission from the Project Manager is required to use bulk fertilizers. The Contractor shall submit copies of the manufacturer's specifications for all fertilizer including data substantiating that the proposed materials comply with specified requiremei1ts. 4.3.7 Pesticides - (Insecticides, funglclda, herbicides, etc.): Insecticides & Fungicides shall be only those which are approved or recommended for use near open water bodies and those specified. Only the Federal Environmental Protection Agency(EPA) approved products shall be used. All pesticides are to be registered and approved for use by the Florida Department of Agriculture. Submit on an as needed basis, a schedule of spraying and dusting materials to be used to control pests and disease infestation, the reason for their use and the method to be used to apply the materials and the method of application before it is delivered and used on the project. The need for pest and disease control, will be detcnnined by the Contractor's Horticulturist and approved by the City, Also, if requested by the City, the Contractor will furnish documentation that the implementation of these control measures for pests and disease infestation is in strict compliance with all Federal, State, and Local Regulations. Deoember 22. 2006 City of Mlaml8each RFP No: ~ 37 oflS2 4.3.8 Mlsc:ellaneous Materials Mulch shall be grade B shredded cypress bark, free offoreign matter or other of equal value as designated by the City. 4.4 EQUIPMENT Equipment supplied by Contractor shall be designed for or suited to the grounds maintenance task in which it is to be used. Equipment will not be used in areas or to perform tasks where damage will result tolbe~ or sites. Contractor shall maintain supplied equipment in a good appearance and all equipment shall be maintained in a safe, operational and clean condition. Upon specific request by the City, the Contractor will supply a CUJTent list of supplied equipment used ~ Contractor, including item, model, manufacturer, year manufactured. and serial numbers. The Project Manager or his designee shall have the right to reject the use of any specific piece ofsupplied equipment on the site. by notification to Contractor. 4.5 GROUNDS MAINTENANCE FUNCTIONS AND TASKS 4.5.1 Turf Care Maintain turf areas in a healthy, growing green and trim condition by performing the following operation: 4.5.1.1 Site Preparation The Contractor shall prior to mowing retrieve materials and dispose waste to include, and not be limited to, papers, glass, bottles, cans, fallen tree limbs and/or fronds, and all other deleterious materials found on the sites listed herein. Should the Contractor knowledge of, the existence of hazardous wastes upon lands covered by the provisions oflhis agreement, Contractor shall not remove same from the premises but shall have a duty to immediately notify the City in writing. 4.5.1.2 Mowing General 4.5.1.2.1 Mowing shall be perfonned in a workmanlike manner that insures a smooth surface appearance without scalping or leaving any "missed" uncut grass. 4.5.1.2.2 Rotary mowers will be used on St. Augustine grass. 4.5.1.2.3 Reel mowers will be used on Bennuda grass. 4.5.1.2.4 All mowers are to be adjustable and adjusted to the proper cutting height and level for the kind of grass and CUJTent condition of the turf. Mower blade height adjustment is to be measured from a level floor surface to the parallel and level plane of the mower blade. 4.5.1.2.5 All mower blades are to be sharp enough to cut, rather than to tear grass blades. 4.5.1.2.6 All litter and debris is to be removed from turf before mowing to avoid shredding that will damage turf appearance, or items that may be propelled by mower blades. 4.5.1.2.7 Mowing will be done carefully so as not to "bark" trees or shrubs, or to introduce weeds into ground cover beds, or to damage sprinkler heads, curbs, or other facilities. 4.5.1.2.8 Grass clippings or debris caused by mowing or trimming will be removed from the turf or from adjacent walks, drives, gutters and curbs or surfaces on the same day as mowed or trimmed. 4.5.1.2.9 Mowing will not be done when weather or other conditions will result in damaged turf. December 22. 2006 City of Miami Beach RFPNo: ~ 38 at 62 4.5.1.3 Mowing Specifics 4.5.1.3.1 St. Augustine Grass Mow only with a rotary mower a minimum of once per week during the growing seasoo for a total of 34 occurrences per year. 4.5.1.3.2 Non-athletic field Turf shall be mowed at 3 to 3 1/2" above soil level with a mower designed for use in the specific circumstances. Remove clippings from areas if excessive clippings result from the mowing operation. 4.5.1.3.3 Athletic Fields Turf shall be mowed at 2" above soil level with a mower designed for use in the specific circumstance. 4.5.1.4 Trimming and Edging Contractor shall trim and properly edge all shrub and flower beds as well as tree, curbs, walks. lighting and all other obstacles in the landscape and remove clippings. Paved areas (hard edges) shall be edged m:m mowing with respect to the turf type adjacent to the edging. Edging of beds and the tree rings (soft edging) shall be executed not less than every other mowing with respect to the turf type adjacent to the edging. Turf edging at shrub beds. flower beds, ground cover beds, hedges, or around trees (where "edging" rather than "trimming" is directed), shall be edged with a manual or mechanical edger to a neat vertical uniform line. Rotary nylon "fish line" cutters are not to be used for vertical edging. Edge grass at plant bed lines to keep grass from growing toward shrubs, keep the width of sod as it was originally placed. Care shall be taken to avoid damage of ground cover weed barrier. Grass will be trimmed at the same height as adjacent turf is mowed. and to remove all grass leaves from around all obstacles and vertical surfaces in the turf. such as posts. walls, fences. etc. Particular attention will be given to trimming around sprinkler heads and other irrigation system components to assure their proper water delivery function. A mechanical weed cutters are not to be used within eighteen (18") inches of tree or palm trunks. Note: Damage to property or existing vegetation by improper trimming or edging shall be repaired or replaced within 48 hours at Contractor's expense. All walks and other paved areas littered in the lawn maintenance process shall be vacuumed, swept, or blown off while the mowing, edging, or trimming is in process so that the appearance suffers for the least amount of time. Landscape lighting shall be wiped, blown off or vacuumed as needed to prevent accumulation of clippings and dead insects. Landscape areas shall be raked and cleaned of clippings, leaves. sticks, twigs, and all litter durioe each malutenance day. Materials cleaned from grounds may not be disposed on-site, and must be removed from locations at Contractor's expense. A copy for approval of a completed mowing schedule will be provided to the City's representative in a timely manner as requested. 4.5.2 Pruolag Shrubs and Ground Cover Plants Bed Area Maintenance All shrubs and ground cover plants growing in the work areas shall be pruned, as required, to maintain plants in a healthy, growing, flowering condition and to maintain plant growth within reasonable bounds to prevent encroachment of passageways, walks, streets, view of signs or any manner deemed objectionable by the Project Manager. 4.5.2.1 Bed Area Maintenance The Contractor shall keep the bedded areas free of dead plants. leaves. and branches atall times. All beds shall be vertically edged, and kept weed free at all times. Edge (PIB at plant bed lines to keep grass from growing toward shrubs, keep the width of sx& it was originally placed. 4.5.2.2 Shrubs All shrub material shall be pruned a minimum of once per month to insure the best shape. health, and character of the individual plant. Mechanical trimming may only be utilized when the health or appearance of the plant will not be damaged by the mechanical bimmers. December 22. 2006 RFP No: oe.o6I08 City of Mlami Beech 3D 0Ill2 4.5.2.3 Groundcover All groundcover material shall be pruned a miDlmum of once per month to insure the best shape, health, and character of the individual plant. Goundcover plants shall be selectively cut back to encourage lateral growth and kept inbounds and out of other plantings, walkways. lighting, etc. Mechanical trimmings may only be utilized when the health or appearance of the plant will not be damaged by the mechanical trimmers. 4.5.3 Trees aud Palm Pruning Trees and palms are to be maintained in a healthy, growing, safe, attractive condition and in their proper shape and size according to variety, species and function in the landscape or as specifically directed by the Project Manager. 4.5.3.1 Pruning Natural Shaoinll and Thinninll Prune, thin, and trim all trees at least once a year and with the approval ofthe Project Manager to keep the trees healthy, to maintain the natural character of the variety, to control shape and to prevent crowding. Pruning in general shall consist of the removal of dead, broken, fungus infected, superfluous, and intertwining branches, vines, and the removal of dead or decaying stumps and other undesirable growth. Palms shall be pruned as needed to remove dead fronds and weak stalks. Palm flowers or fruits shall be removed, as required, to prevent unsanitary or unsafe conditions resulting from fruit litter on sidewalks or other public properties. Certain Washingtonian Palms will be an exception to the pruning practices of normal palm maintenance when existing dead fronds are maintained. Pruning will also be required from time to time to remove dantllied branches from storms, froat, pruning to prevent encroachment of branches over streets, into private property, obscuring view of signs or traffic, particularly at a road intersection, or interference with lighting, etc. Tree branches shall be pruned up to seven (7') feet over walkways and in areas so designated by the Project Manager. All tree pruning shall be accomplished with standard practices including; Cuts should be made with sharp and proper tools. When cutting parts of branches, leave a living bud at the end of the stub. Make cuts sufficiently close to parent stem so that the healing can readily start under normal conditions. On trees known to be diseased, disinfect tools after each cut and between trees. Prune only at the time of season proper for the variety. Prune or trim. at least once or twice each growing season to keep the natural shape of the individual plant. Pruning shall include the following items: - Dead, dying or unsightly part of the tree - Remove sucker growth from base of the trees in which an exposed trunk character is desired - Branches that grow toward the center of tree - Crossed branches that may rub together - "V" crotches, if it does not ruin the appearance of the tree - Multiple leader if the tree normally has only a single stem - Nuisance growth that interferes with view, traffic, sign age, walks, or lighting. Nuisance growth includes the removal of all dangerous thorns, spikes or appendages which show potential conflict with people. - Shape top of small trees as needed All branches, dead wood, and cuttings shan be removed from the job site at time of pruning and disposed of in an acceptable manner. All lawn and shrub areas damaged by pruning equipment shall be restored. 4.5.3.1 Staking and Guying - and Tree Set-Up Maintain existing and adjUit tree stakes, guy wires and hoses or blocks, until trees arc capable of standing vertical and/or resisting normal winds. Oecember 22. 2006 City 01 MiamI Bead1 RFP No: ~ 400152 4.5.3.1.1 The Contractor shall be responsible for the complete removal and replacement of those trees lost due to the Contractor's faulty maintenance or negligence, as determined by the Project Manager. 4.5.3.1.2 Replacement shall be made by the Contractor in the kind and size of tree determined by the Project Manager. Where there is a difference in value between the tree lost and the replacement tree, this difference will be deducted from the Contract payment. In all cases, the value of the tree lost shall be determined by the Project Manager using the latest "Plant Finder" value determination. 4.5.3.1.3 All trees that have died or have been blown or knocked over are to be reported immediately upon discovery to the Project Manager. 4.5.3.1.4 With prior approval from the Project Manager, it is the Contractor's responsibility to remove and properly dispose of all dead or injured trees and/or weed trees such as but not limited to Florida Holly or Leucana or Australian Pine. Contractor shall set and support trees that have been knocked or blown over. 4.5.3.1.5 The Contractor shall be responsible for removing all signs, posters. boards, supports and any other material(s) attached or fastened to trees, or from elsewhere on the project site, as directed by the Project Manager. 4.5.4 Weed Control 4.5.4.1 All landscape areas within the specified area, including lawns, shrub and ground cover beds, planters, and areas covered with gravel, shall be kept free of all weeds at all times. This means complete removal of all weed growth shall be accomplished at each mowlog cycle. For the purpose of this specification, a weed will be considered as any undesirable or misplaced plant. Weeds shall be controlled either by hand, mechanical, or chemical methods. The Project Manager may restrict the use of chemical or mechanical weed control in certain areas. Mechanical weed control shall not disturb the mulch layer so as to expose the underlying soil. 4.5.4.1.1 Weeds are to be mowed. trimmed, or edged from turf areas as a part of turf care operations. 4.5.4.1.2 Weeds are to be manually removed from shrub, hedge, ground cover or flower beds, unless chemical or mechanical means are specifically authorized by the Project Manager. Persistent weed growth such as the growth of sedges shall be killed with "round up" whenever possible. 4.5.4.1.3 Weeds are to be removed from walkways, curbs, expansion joints, and along fence lines and guardrails at each mowing cycle or as otherwise directed by the Project Manager . 4.5.4.2. Ifinfestations cannot be controlled by hand.pulling, or herbicide use will damage or kill the shrubs or ground-covers, the bed may be excavated. after removing all plants. Then, weeds may be destroyed IW'!!:! replanting by any of the following methods: 4.5.4.2.1 Sterilize the soil, or 4.5.4.2.2 Allow weeds to reestablish a vegetative top and treat with a systemic herbicide, at least two (2) applications, about two (2) weeks apart, or until there is a 9OOA! kill. 4.5.4.2.3 After the kill, apply, immediately Bfim:replanting, a pre-emergent herbicide, such as Treflan or prior to replanting a ground cover fabric. Oeoembel' 22. 2006 Clly of Mlaml BelIch RFP No: 0Il-06I06 41otll2 4.5.4.3 If it is determined by the City that the Contractor responsible for maintenance allows 'weed infestations to spread beyond the ability to control them, then the removal, treatment, and replacement of the planting bed shall be done as described above by the COlltractor at no cost to the City. Soil which exhibits significant weed growth within one (1) month after planting, (20% ground coverage of the bed by weeds) shall be considered as previously weed-infested. 4.5.5 Litter Control 4.5.5. I Contractor Generated Trash: The Contractor shall promptly remove all debris generated by his pruning, trimming, weeding, edging, and other work required in the specificationS. Debris must be disposed of at an authorized site for commercial use. Neighborhood trash transfer stations or road side piles are not considered authorized sites. The Contractor shall clean driveways and paved areas with suitable equipment immediately after working in them. All cuttings are to be removed on same day as cut. 4.5.6 Fertilization and SoU Testllll The fertilizer used shall be a commercial grade product and recommended for use on each plant type. Specific requirements should be determined by soil test results, soil type, and time of year. Applicationsshall proceed continuously once begun until all areas have been completed. In the event fertilizer is thrown on hard surfaces. it shall be removed immediately to prevent staining. Contractor shall have the soil tested three (3) times yearly to determine required additives, and more often if necessary to diagnose problem areas. The Contractor shall inform the Project Manager at least three (3) days in advance before beginning any fertilization. 4.5.6.1 Turf 4.5.6.1.1 St Augustine St. Augustine turf shall be fertilized four (4) times per year at a rate of I lb. Of NIlOOO Square feet. The N< P< K ratios shall vary with the time of year of the application and results of the soil analysis. The approximate N, P, K ratios should be: One (I) application of a 5:2: 1 ratio with a post-emergent weed control; One (I) application ofa 10: 1:2 ratio with Dursban, and one application being a blanket application of insecticide; One (1) application ofa 3:1:3 ratio; One (1) application of a 5 :2: 1 ratio 4.5.6.1.2. Groundcover, & Shrubs The fertilizer for all planted shrubs and groundcovers shall meet appropriate horticultural standards with an N, P, K ratio of3:1 :2, unless soil conditions or plant species dictate differently, with at least 60% of the nitrogen from a non-water soluble organic source. All shrubs and groundcovers shall be fertilized by broadcasting by hand over the beds three (3) times per year. Fertilizer should be applied Sprlog, Summer and Fall at the following rates: 1-1/2 to 3 Ibs. N/lOO Square Feet The Contractor shall establish a program that will fertilize all shrubs and groundcover, describing the type of fertilizer required for each type of plant and the time of year this work will be undertaken. A copy for approval of the fertilization schedules shall be made available to the City no less than one (I) month prior to application. Any plants damaged by over-fertilization shall be replaced at the Contractor's expense. Changes in fertilization rates, methods and composition must be approved by the City in writing. December 22. 2006 City of Miami Beach RFP No: 09.0MI6 42 of 62 4.5.6.1.3 Fertilization Trees, & Palms The fertilizer for all the planted trees shall meet proper horticultural standards with an N, P, K ratio of 4: I :4, unless soil conditions or plant species dictate differently, with t least 60% of the nitrogen from a non-water soluble organic source. Concentrated low-release fertilizer tablets may be used on trees if approved by the City's presentative. Trees shall be fertl11zed twice yearly: Spring and Fall in the following amounts: Caliper Pounds of Fertilizer 2" 3 3" 6 4" 10 5" IS 6" 4/ in of dia. All palms shall be fertilized during April and September. The fertilizer shall be broadcast nder foliage canopy at the rate of 1 lb. per inch of palm tree diameter. The Contractor shall establish a program that will fertilize all trees and palms, describing the type of fertilizer required for each type of plant and the time of year this work will be undertaken. copy for approval of the fertilization schedules shall be made available to the City no less than one (1 ) month prior to application. Any trees damaged by over-fertilization or by the use of rong type of fertilizer shall be replaced at the Contractor's expense. Changes in fertilization ates, methods, and composition must be approved by the City in writing. 4.5.7 General Use of Chemicals The Contractor shall submit a list of all chemical herbicides and pesticides proposed for use under this Contract for approval by the Project Manager, including MSD sheets for each item. Materials included on this list shall be limited to chemicals approved by the State of Florida, the Department of Agriculture, and the Florida Department of Transportation, and shall include the exact brand name and generic formulation. The use of any chemical on the list shall be based n the recommendations of and be performed under the direction of a Certified Pest Control perator. No chemical herbicide or pesticide shall be applied until use is approved, in writing, y the Project Manager as appropriate for the purpose and area proposed. 4.5.8 Disease and Pest Control To control or (lf8dicate infestations by chewing or sucking insects, leaf miners, fire ants, and ther pests and diseases, spray affected plants with chemical sprays and combinations of sprays suitable for that particular pest when the infestation or infection becomes evident and as often thereafter as necessary. Contractor shall be fully licensed to spray pesticide. Contractor shall use sound cultural practices that aid in preventing the presence or proliferation of insect and diseases. Insects in Bermuda grass shall be controlled by both curative and preventative measures. Timing will be critical on mole cricket applications and frequencies of application will be as needed to successfully control their infestations. Nematode samples will be taken at least two (2) times each year and action shall be taken per the recommendation of the IF AS lab results to control he populations This lab report shall be submitted to the City for their review as soon as it is received. 4.5.9 AppllcatloD of Herbicides Contractor may apply various herbicides by means of spray type devices to aid in the control f unwanted weeds and vegetation. All applications shall be performed by persons holding a valid herbicide application license as issued by the State of Florida and shall be done in accordance with the herbicide manufacturer's recommended rates and all applicable Federal, sate, County and Municipal regulations. Herbicides may be used only with prior approval by he City as to type location, and method of application. DeolImber 22. 2006 City of Miami Beach RFP No: 0Q.05/06 43 of 152 4.5.9.1 The Contractor shall exercise extreme care so as not to over spray and effect areas not intended for treatment. Areas adversely affected by such over spray shall be restored by the Contractor at his expense. 4.5.9.2 The Contractor shall advise the Project Manager within four (4) days after disease or insect infestation is found. He shall identify the disease or insect and recommend control measures to be taken, and, upon approval of the Project Manager, the Contractor shall supply and implement the approved control measures, exercising extreme caution in application of all spray material, dusts or other materials utilized. Approved control measures shall be continued until the disease, or insect is controlled to the satisfaction of the Project Manager. 4.5.9.3 When a chemical is being applied, the person using it shall have in their possession all labeling associated with the chemical. Also, the c~emical shall be applied as indicated on the said labeling. A specimen label and the Material Safety Data Sheet for each product shall be supplied to the City. 4.5.9.4 All insecticides shall be applied by an operator licensed pursuant to Chapter 487 of the Florida Statutes. The operator shall have the license/certification in his or her possession when insecticides are being applied. The implementation of control measures forpests and disease infestations shall be in strict compliance with all federal and local regulations. Upon request, the Contractor shall furnish documentation of such compliance. 4.5.9.5 The spraying of insecticides and other such chemicals are to be confined to the individual plant. Spraying techniques which may introduce the material being sprayed beyond the immediate area of the individual plant are strictly prohibited. 4.5.9.6 Spray or dust material on foliage only during calm days. Do not apply when leaves are wet, when rain is expected within 3-4 hours after spraying, or when temperatures exceed 88 degrees Fahrenheit. Spray at times when traffic is lightest (i.e., early mornings or weekends). Use a spreader-sticker to aid in adherence and absorption of the material. Wash material off of pavements and buildings immediately after applying. 4.5.9.7 The Contractor shall utilize all safeguards necessary during disease or insect control operations to ensure safety to the public and the employees of the Contractor. 4.5.9.8 Copies of Current Material Safety Data Sheets (MSDS) for all chemicals used for pest control under this Contract shall be provided to the Project Manager before the use of said chemicals. 4.5.]0 Verticuttlng, Aeration and Topdressing Verticutting, aeration and topdressing to provide proper air and water exchange for maximum growth potential and health of the Bermuda grass will be performed in the Spring and Fall. Topdressing shall be a mixture similar to the profile of the soil underlying the turf as determined by soil analysis. Contractor should employ preventative methods to avoid thatch buildup. Should, for whatever reason, a sizable thatch layer develop, the Contractor shall be responsible for its removal. Topdressing and burying thatch layer will not be accepted. 4.5.11 Turf Renovations Turf renovations may be required if conditions warrant such a procedure and will be an extra charge. Conditions which warrant renovation include, areas thinned out or damaged turf resulting from natural burnout, traffic, and any area which has area becomes unsightly. December 22. 2006 City of Miami Beech Proper watering, fertilization and pest management will be critical during and after renovation. Any irrigation damaged because of turf renovation will be repaired at Contractor's expense. RFP No: C>>-06I06 ....of1l2 4.5.12 Irrigation System Maintenance and Watering Contractor will be responsible for the operation and maintenance oftbe automatic! manual irrigation systems and for setting and adjusting the timer to insure proper watering of all plant material in the landscape. Contractor will be responsible under this agreement for the labor and supervision to make irrigation repairs to the lateral line, risers and sprinkler heads up to one inch (I") in diameter as required to keep the system operating. Mlijor repairs to main lines, valves, pumps and in-take piping shall be reimbursed by the City. Relmbunable repair work sball require authorization by the City prior to commencement. Prior to commencement of the maintenance program, the Contractor shall have twenty-five (25) days from start of contract to inspect the irrigation system and report present damage or incorrect operation and coverage to the City. The Contractor will be responsible for the integrity of the system after this initial inspection report and subsequent repairs. The timers sbaD be checked once a week and as may be required. The Contractor will also, at least once a month, fully operate all the irrigation zones and replace, repair or clean all irrigation heads, lines, valves, valve boxes, filters and controllers as needed. Any equipment damaged by the Contractor's operation shall be replaced with the same equipment and by the same manufacturer. The irrigation shall be capable of providing 1-112" of water to all lawns and shrub beds each week or as often as required to provide for a uniform lush green landscape appearance. System shall be adjusted during the various seasons. The Contractor shall be required to make all repairs within a minimum 24 hour time period or sooner as directed by the City's representative. Any form of damage to the irrigation system must be reported to the City's representative immediately upon discovery. Irrigate only as necessary during times oflittle or no rainfall using the automatic irrigation system and any supplemental watering necessary to apply proper amount of water to keep the plant material in optimum health. Additional irrigation may be required for establishment of newly planted plant material, trees and palms. Supplemental watering may require a large portable water tank, impact sprinklers, and additional hose to be supplied by Contractor. A written Irrigation schedule wW be provided by the Contractor and aoy operation of Irrigation outside the previously approved scheduled time must have tbe advance approval of the City. Contractor shall be responsible for controlling the amount of water used for irrigation and any damage that results from over-watering or insufficient watering shall be the responsibility of the Contractor. 4.5.13 Watering During periods when the irrigation system is not operational, either due to breakdown of the system, or an extended electric power failure, it shall be the responsibility of the Contractor. 4.5.13.1 Supply of water suitable for irrigation shall be the Client's responsibility. Distribution of the water to the plants shall be the responsibility of the Contractor. Contractor shall use hand watering, water trucks, portable pumps, etc. as required to distribute the water. 4.5.13.2 Apply water in quantities and at intervals neceasary to maintain the plants in a healthy growing condition. 4.5.14 Irrigation System Shall be constantly maintained and adjusted to insure that no water from the system hits the road surface. December 22. 2006 City of Mlamllleach RFP No: ~5100 4Ilofll2 4.5.15 Mulching Beds 4.5.15.1 Replenish mulch in shrub beds as required to cover mlll2flmruml. especially at the edge of the bed and in places where the shrub canopy has not grown together to shade the soil. Add mulch around tree trunks in sod areas. Mulch shall be added to maintain a constant three (3) inches thickness. Do W21 pile against tree trunks and shrub stems. 4.5.15.2 Use Cypress mulch or other as designated by the City 4.5.16 Sand Removal' Pollclne: Cleaning of debris within the confines of the parks by blowing, sweeping, or vacuuming or other means must be performed as required to keep paved, bricked or concrete surfaces clean and neat at all times. 4.5.18 Frequency of Services Frequencies for the sites and services described herein are based upon normal circumstances. Individual, several and/or all services to a site or sites may be added at an agreed upon price, or deleted due to natural disaster, excessive rain, disease, drought, fire, vandalism. accident, insufficient fimds and/or any other reason at the sole discretion of the Owner. 4.. PERFORMANCE CONTROL AND INSPECTIONS 4.6.1 Maintenance QuaUty The quality objective of all services and materials provided by Contractors in accordance with conditions and specifications herein, is to maintain and service various listed sites, and to keep them in a healthy, growing, clean and attractive condition throughout the year. 4.6.2 Maintenance Standards, Frequencies, Work Method All work shall be performed in accordance with the highest professional maintenance standards and horticultural techniques. Frequencies set for certain repetitive maintenance functions and tasks in specifications are minimum frequencies, which must be increased, if necessary to achieve the Quality Objective. Standard and frequencies may be modified from time to time by the City of Miami Beach Assistant Director of Parks as necessary to assure proper maintenance to achieve the Quality Objective. All work shall be done in a thorough and workmanlike manner under competent Contractor supervision to the satisfaction of the City of Miami Beach Assistant Director of Parks. The Contractor shall have the exclusive duty, right, and privilege to perform Grounds Maintenance and Services, as specified herein. 4.6.3 Inspections 4.6.3.1 The Contractor's Representative shall perform maintenance inspections daily during daylight hours of all sites assigned for the day. Inspections by City of Miami Beach Parks Personnel shall provide continuing inspection of the sites to insure adequacy of maintenance and that methods of performing the work are in compliance with these specifications. Discrepancies and deficiencies in the work shall be brought to the attention of the Contractor's Representatives in writing, directly by the City of Miami Beach Project Manager, and shall be corrected by the Contractor immediately. 4.6.3.2 The City of Miami Beach Project Manager and the Contractors Representatives shall meet on the sites once a month, or morc frequently at the discretion of the Project Manager, for a walk-through inspection. The meeting shall be at the convenience of the City of Miami Beach. All on-going maintenance functions shall be completed prior to this meeting. Dec:ember 22. 2006 RFP No: 09-45106 CIly of MilImI Beach 48 of 112 4.6.4 Deficiency NotlcelII aod Liquidated Damagelll If the City of Miami Beach Purchasing Agent determines that there are deficiencies in the performance of the contract, the City of Miami Beach Procurement Director will provide a Notice to the Contractor to correct the deficiencies within seven (7) days of notification. Ifboth parties agree that actual damages would require more than seven (7) days to repair, a time frame, in writing, will be determined by the City of Miami Beach Procurement Director for that deficiency. The parties agree that the Contractor shall be liable to the City of Miami Beach for liquidated damages (not a penalty) in the amount of two hundred dollars ($200.00) per day, for each day exceeding the above noted time frame per deficiency that the Contractor fails to correct deficiencies of the Notice. 4.6.5 City of Miami Beach Right to Correct Defklenelelll Additionally, and notwithstanding the above provision, the City has the right to move on site with City forces or private Contractors to correct deficiencies seven (7) days after notification in writing, by the City of Miami Beach Parks and Recreation Department Director, or his designee. If, in the sole discretion or judgment of the Purchasing Agent, the Contractor and/or his employee(s) are not properly performing the services required under the Contract, then the Contractor and/or all employees may be temporarily replaced by City personnel and payment to be made by the City may be suspended while the mauer is being investigated. Total costs incurred by completion of the work by the City will be deducted and forfeited from the payments to the Contractor from the City. This section shall not be construed as a penalty, but as an adjustment of payment to Contractor for only the work actuallypcrformed, and the recovering of City costs from the failure of the Contractor to complete or comply with the provision of the Contract. 4.6.6 Quality CODtrol- Performance Reports The Contractor shall submit to the City Project Manager a report of his performance within 48 hours of each service and monthly describing all services for the preceding month, under terms of the Contract. These monthly reports shall be postmarked no later than the fifth (S Th) day of each month following the month in which services were perfonned. Failure to do so shall result in delay of payment until this requirement is fulfilled. Forms for performance reporting shall be provided by the City 4.6.18 Frequency or Services Frequencies for the sites and services described herein are based upon normal circumstances. Individual, several and/or all services to a site or sites may be added at an agreed upon price, or deleted due to natural disaster, excessive rain, disease, drought, fire, vandalism, accident, insufficient funds and/or any other reason at the sole discretion of the Owner. 4.7 PERFORMANCE CONTROL AND INSPECTIONS 4.7.1 MalDteDaDce Quality The quality objective of all services and materials provided by Contractors in accordance with conditions and specifications herein, is to maintain and service various listed sites, and to keep them in a healthy, growing, clean and aUractive condition throughout the year. 4.7.2 Maintenance Standarell, Frequencies, Work Method All work shall be perfonned in accordance with the highest professional maintenance standards and horticultural techniques. Frequencies set for certain repetitive maintenance functions and tasks in specifications are minimum frequencies, which must be increased, if necessary to achieve the Quality Objective. Dec:ember 22. 2006 RFP No: oe.o&06 City of MiamI Beach 47 of 62 34 Full Service Visits Annual Schedule: - Schedule 34 servh:e visits annually accordlni to the following: Schedule service for the second week of January and February, the second and fourth weeks of March; (these biweekly visits should occur no closer than ten (10) and no further than seventeen (17) calendar days apart); the first, third and fifth weeks of April, the first, second, third and fourth weeks of May and weekly durlni the months of June, July August and September (these weekly visits should occur no closer than siI (6) and no further than ten (10) calendar days apart); biweekly for tbe months of October and November and one visit the third week of December. All work is to be completed in a continuous manner. That is all mowing, edging, weed control, trimming etc. shall be completed before leaving the job site Standard and frequencies may be modified from time to time by the City of Miami Beach Assistant Director of Parks as necessary to assure proper maintenance to achieve the Quality Objective. All work shall be done in a thorough and workmanlike manner under competent Contractor supervision to the satisfaction of the City of Miami Beach Assistant Director of Parks. The Contractor shall have the exclusive duty, right, and privilege to perform Grounds Maintenance and Services, as specified herein. 4.7.3 InspectioDS 4.7.3.1 The Contractor's Representative shall perform maintenance inspections daily during daylight hours of all sites assigned for the day. Inspections by City of Miami Beach Parks Personnel shall provide continuing inspection of the sites to insure adequacy of maintenance and that methods of performing the work are in compliance with these specifications. Discrepancies and deficiencies in the work shall be brought to the attention of the Contractor's Representatives in writing, directly by the City of Miami Beach Project Manager, and shall be corrected by the Contractor immediately. 4.7.3.2 The City of Miami Beach Project Manager and the Contractors Representatives shall meet on the sites once a month, or more frequently at the discretion of the Project Manager, for a walk- through inspection. Thc meeting shall be at the convenience of the City of Miami Beach. AIl on- going maintenance functions shall be completed prior to this meeting. 4.7.4 Deficiency/Cure Notices and Correctlvelferminatlon Process: If the Project Manager determines that there is/are deficiency(s) by the contractor in the performance oftbe contract, the Project Manager will notify the Contractor and the Procurement Director of the deficiency(s) in writing. The Procurement Director will send a Cure Notice to the Contractorrequestingthat they provide in writing within seven (7) calendar days ofnotification, any/all actions proposed to be taken in order to correct/cure the identified deficiency(s). If all parties (Project Manager, Contractor and Procurement Director) agree that actual damages/deficiencies would require more than seven (7) calendar days to correct/cure, a reasonable time frame, in writing, will be dctennined based on a "meeting of the minds" between the Project Manager and the Procurement Director for the identified deficiency(s). Should thc Procurement Director issue two (2) Cure Notices for the same deficiency(s), or a total of three (3) Cure Notices within a twelve (12) month period. the City may exercise its right to proceed with the Termination of this contract. SEE PAGE 16, SECTION 1.57 - TERMINATION FOR DEFAULT 4.7.5 City of Miami Beach RIght to Correct Deficiendea Additionally, and notwithstanding the above provision. the City has the right to move on site with City forces or private Contractors to correct deficiencies seven (7) calendar days after notification, by the City of Miami Beach Parks and Recreation Department Director, or his designee. December 22, 2006 RFP No: ~ City of Miami Beach 48 of 62 If, in the sole discretion or judgment of the Project Manager, the Contractor and/or his employee(s) are not properly performing the services required under the Contract, then the Contractor and/or all employees may be temporarily replaced by Citypersonncland payment to be made by the City may be suspended while the matter is being investigated. Total costs incurred by completion of the work by the City will be deducted and forfeited from the payments to the Contractor from the City. This section shall not be construed as a penalty, but as an adjustment ofpaymentto Contractor for only the work actually performed. and accepted by the City, and the recovering of City costs from the failure of the Contractor to complete or comply with the provision of the Contract. 4.7.6 Quality Control- Performance Reports Completion of Work: Within 48 hours of completing work the Contractor shaH notify the Parks and Recreation Supervisor assigned to monitor the contract either in person or by phone of said completion. It is acceptable to leave a phone message, however, to make certain the message is received, it is advisable to call between 7:00 a.rn. - 8:00 a.m. or 3:00 p.rn. - 4:00 p.m. InspectioD and Approval- Upon receiving notification from the Contractor, the City shall inspect the serviced location the following business day. If, upon inspection, the work specified has not been completed, the City shall contact the Contractor to indicate the necessary corrective measures. The Contractor will be given 48 hours from this notification to make appropriate corrections. If the work has been completed successfully then the City will pay for services billed. The Contractor shall submit to the City Project Manager a report of his performance for the preceding month, under terms of the Contract. These reports shall be postmarked no later than the fifth (5111) day of each month following the month in which services were performed. Failure to do so shall result in delay of payment until this requirement is fulfilled. Forms for performance reporting shall be provided by the City 4.8 SCHEDULING 4.8.1 Contractors shall accomplish normal landscape maintenance required under the Contract during daylight hours. The City Project Manager may permit night scheduling on an individual function or task basis. 4.8.2 Contractor shall schedule and conduct the work at times and in a manner which shall not interfere with normal pedestrian traffic on adjacent sidewalks or vcbicular traffic on adjacent streets, and shall not cause annoyance to residents near the site or users of the site. During periods of peak rush hour traffic, the Contractor will not block or impede arterial or collector streets. 4.8.3 All work shall be scheduled and completed in a continuous manner, that is, other than a holiday or non- work day in order to maintain the site in a uniform manner. 4.8.4 Contractor shall not work or perform any operations during inclement weather which may destroy or damage landscaped areas. 4.8.5 Contractor shall recognize that during the course of the Contract, other activities and operations may be conducted by City work forces and other Contractors. These activities may include but not be limited to landscape refurbishment, irrigation system modification or repair, construction and storm related operations. The Contractor may be required to modify or curtail certain operations without decreased compensation and shall promptly comply with any request by the Project Manager. In the event a Site or part of a Site becomes unavailable for servicing by the Contractor, the Project Manager may temporarily delete the Site or part of the Site and compensation to the Contractor will be decreased. 4.8.6 Contractor shall, during the hours and days of operation, respond to all emergencies by taking the appropriatelrequired action within two (2) hours. See Section 3.5 - Disaster RespoDse 4.8.7 Contractor shall have completed all Landscape Maintenance functions prior to the scheduled maintenance inspection. 4.9 ADDITIONAL WORK The Project Manager may, at his discretion authorize the Contractor to perform additional work, including, but not limited to, mowing, trimming, weeding, edging, litter pickup, repairs and replacements ("grouDeII maloteDance service type work under DormaI circumstances") when the need for such work arises. The Project Manager will request quote(s) from the contractor which may be negotiated as required to obtain a fair and reasonable price. December 22. 2006 RFP No: Q8..OliI06 City of Miami Beach 48 of 112 Should negotiations be unsuccessful, the Project Manager may request quotes from other contractOR for the additional worle. Should additional work be required due to extraordinary Incidents/circumstances such as vandalism, acts of God, and/or third party negligence, the City will pay the contractor based on the hourly labor rate specified on the Bid Proposal. See Section 3.5 - Disaster Response. Prior to performing any additional work. the contractor shall prepare and submit a written description of the work with a cost estimate/price quote to the Project Manager. No work shall commence without the written authorization from the Project Manager. Not withstanding the above authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the Project Manager may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. However, within 24 hOUR after receiving a verbal authorization, the Contractor shall submit a written estimate/quote to the Project Manager for the required approval. 4.10 BID SUBMITTAL In addition to the documentation and information requested herein. the Bidders shall submit the following information with their bid. or within five (5) calendar days upon request: 4.1 0.1 Company Profile A profile describing the organization represented by the bidder must be furnished with the bid submittal. This will include: * Company history and present organization; * Name of Principal or Owner(s); * Name of Affiliates, Subsidiaries, etc.; * Years of company experience under present ownership; · The local office address and phone number from which account would be administered; · History oflocal office, including opening date; * Normal hours of operation of local office; * Name of person in charge oflocal office; . Number of maintenance personnel in the south Florida area normally available to emergency calls; · List of all services company is capable of providing. 4.10.2 Personnel · Provide an organizational chart of entire structure that is proposed to service account; * Provide resumes of key management personnel; * List job descriptions for all positions in the organization described in # 1 above; * Include description of proposed uniforms; · Provide your overall employee policy and training program; * Provide outline of safety program. 4. I 0.3 Turf Maintenance · List proposed fertilizer type and rate for each turftypc and other specific nutrient additives; * List proposed application schedule (annual basis); * Describe proposed mowing schedule and procedures; · Describe proposed preventative pest management program. 4.10.4 Tree and Palm Maintenance Program · Provide type(s) of fertilizer and rates proposed for general use, and other specific nutrient additives; * List proposed application schedule (annual basis); * Describe proposed pruning schedule and procedures; * Describe proposed preventative pest management program. 4.10.5 Shrub and Ground Cover Maintenance Program . Provide type(s) of fertilizer and rates proposed for general use, and other specific nutrient additives; Dealmber 22. 2006 RFP No: ~ City of MiamI Beach eo of 52 * List proposed application schedule (annual basis) Describe propos~ pruning schedule and procedures; Describe proposed preventative pest management program. * * 4.10.6 Irrigation Maintenance Program · Describe preventative maintenance program. 4.1 0.7 Equipment Specifications · List all tools, equipment (including manufacturer) and quantities of each type that be proposed to perform maintenance. 4.10.8 Bidder's Supplement · Copies of all applicable licenses, permits, etc. required perform the services; * List of clients with specialty turf types the bidder currently has, along with contact information; * Miscellaneous Information - this section of the proposal should include any additional information about the services or bidder that is not addressed elsewhere in the proposal. Oeoembef 22. 2006 RFP No: 0i-0IiI06 City of Miami Beach 51 of 112 December 22.. 2006 City of MIBml8e8ch RFP No: (l9..()M)6 62 of 52