HomeMy WebLinkAbout2020 BV Original Bid Forms 2 - Option B""'y OF SuK P"
225
M25
Truck, Flatbed
(Including Operator)
(Hourly Rate)
Hourly
Labor Rate
226
Dead Animal Carcasses Work consists of
M26
collection, Hauling and final disposal of dead
Per pound
$
$
animal carcasses.
Subtotal Section "M" Lines No. 180 — 226:
TOTAL SUPPLEMENTAL SERVICES FOR ("On Demand") Lines No. 69 — 226:
$
TYPED Total Supplemental Services:
GRAND TOTAL BASIC SERVICES ("Recurring Monthly") & SUPPLEMENTAL SERVICES ("On
Demand") Lines No. 1— 226:
TYPED Grand Total of Basic Services & Supplemental. Services:
The undersigned attests to his/her authority to submit this bid and to bind the firm herein named to perform
as per contract, and per bid amount, if the firm is awarded the Contract by the City of Sunny Isles Beach.
The undersigned further certifies that he/she has read the Invitation to Bid relating to this request and this
bid is submitted with full knowledge and understanding of the requirements and time constraints noted
herein. Two authorized signers will be required. JJ
i , vet ,! L(.I•
(1)Authorized Signatory: !!!
Executed by/Title: _ Sr Vice President
(2)Authorized Signatory:
Executed by/Title: Secretary
For (company): Brightview Landscape Services, Inc.
City of Sunny Isles Beach I ITB 20-08-01 Right -of -Ways and Facilities Landscape Maintenance Services
AFFIDAVITS
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City of Sunny Isles Beach I ITB 20-08-01 City Landscaping Services
STATE OF FLORIDA
COUNTY OF Miami Dade
NON -COLLUSION AFFIDAVIT
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
The undersigned being first duly sworn as provided by law, deposes, and says:
This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will be
relied upon by said County, in any consideration which may give to and any action it may take with respect to this Bid.
The undersigned is authorized to make this Affidavit on behalf of,
of which he is
Brightview Landscape Services, Inc.
(Name of Corporation, Partnership, Individual, etc.)
a. Landscape Services , formed under the laws of Florida
(Type of Business) (State)
Sr Vice President
(Sole Owner, Partner, President, etc.)
Neither the undersigned nor any person, firm, or corporation named in above Paragraph 10.2, nor anyone else to the knowledge of the
undersigned, have themselves solicited or employed anyone else to solicit favorable action for this Bid by the City, also that no head of any
department or employee therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein.
This Bid is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 10.2 has not colluded, conspired,
connived or agreed directly or indirectly with any proposers or person, firm or corporation, to put in a sham Bid, or that such person, firm or
corporation, shall refrain from Bidding, and has not in any manner, directly,or indirectly, sought by agreement or collusion, or communication
or conference with any person, firm or corporation, to fix the prices of said Bid or Bids of any other proposers; and all statements contained in
the Bid or Bids described above true; and further; neither the undersigned, nor the person, firm or corporation named above in Paragraph
10.2, has directly or indirectly submitted said Bid or the contents thereof, or divulged information or data relative thereto, to any association or
to any member or agent thereof.
Charles Gonzalez
AFFIANT'S NAME
Sr Vice President
AFFIANT'S TITLE
TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this day of rS 1 �COltly cr 2U;—t
Personally Known or Produced Identification
Type of identification
(Affix seal here) ,.y� ..Pe.s
A- tk- rA� Pea.)
NOTARY PUBLIC (name printed or typed)
€r- SEAL
° 2016
ANTHONY ROBERT NAPOLEON
Notary Public State of Florida
Commission # GG 30549
H: 4
My Commission Ex Tres
�`
February 25, 2023
DECEMBER 28. 2010 1 of 8
O�SJNNY IS,
PUBLIC ENTITY CRIMES
City of Sunny Isles Beach
•• \ P•• 18070 Collins Avenue
e
�9'' • p 0 Sunny Isles Beach, FL 33160
err* or
SUN "09 Telephone: (305) 947-0606 Fax (305) 949-3113
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
PUBLIC ENTITY CRIMES
Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a
public entity for the construction or repair of a public building or public Work, may not submit Bids on leases of
real property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Sub -Contractor, or
Consultant under a Contract with any public entity, and may not transact business with any public entity in excess
of the threshold amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on
the convicted vendor list'.
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
11.1. This sworn statement is submitted to City of Sunny Isles Beach
by Charles Gonzalez Sr Vice President
[print individual's name and hUel
for Brightview Landscape Services, Inc.
min na�enri y submitting sworn staternerill
whose business address is:
2711 SW 36th Street Dania Beach FI. 33312
and (if applicable) its Federal Employer Identification number (FEIN) is 95-4194223
(If the entity had no FEIN, include the Social Security Number of the individual signing this sworn
statement: )
11.2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or with 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 of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
11.3. 1 understand that "convicted" or "conviction" as defined in Para. 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 trail court of record relating to charges brought by indictment or information after July 1,
1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere.
11.4. 1 understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means:
a.) predecessor or successor of a person convicted of a public entity crime; or
b.) Any entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executors, 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
DECEMBER 28 2010 2 of 8
market value under an arm's length agreement, shall be a prime 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.
11.5. 1 understand that a "person" as defined in Para. 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 "persons" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in management of any entity.
11.6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. (Indicate which statement applies.)
VNeither the entity submitting this sworn statement, nor any of it's 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 the management of the entity, or an
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an
affiliate of the entity has been charged with and convicted of a public entity crime subsequent 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 of the
State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn statement on the
convicted vendor list. (Attach a copy of the final order.)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE -
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 11.1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND,
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I
ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO
A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
By:
(Signature)
Charles Gonzalez
(Printed Name)
Sr Vir.P PresictPnt
(Title)
Sworn to and subscribed before me this R day of 20 oZC), by
L' La,.l\,C L C n, C --3 7aj z -k-
(AFFIX NOTARY STAMP HERE)
Wt
ANTHONY ROBERT NAPOLEON Signature:
A;Notary Public -State of Florida
Commission N GG 305494
� My Commission EKp Tres
Fe uary 14,A23
Produced Identification
3of8
O� S,p1N y.Is(
1� EQUAL OPPORTUNITY
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AFFIRMATIVE ACTION
P
;
SUNNY �r�P
CONFLICT OF INTEREST
City of Sunny Isles Beach
/p 18070 Collins Avenue
LO 5�'' Sunny Isles Beach, FL 33160
carr or SUN 'NG Telephone: (305) 947-0606 Fax: (305) 949-3113
CONFLICT OF INTEREST STATEMENT
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers must
disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the
City of Sunny Isles Beach or its agencies.
STATE OF FLORID
COUNTY OF iami Dade
BEFORE ME, the undersigned authority, personally appeared 64/14 0; 6vNaRt[ i Z who was duly sworn,
deposes, and states:
18.1. 1 am the Sr Vice President of
Brightview Landscape Services, Inc. with a local office in 2711 SW 36th Street Dania Beach FI 33312 and principal office in
Blue Bell, PA
18.2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. 20-08-01 described
as: Landscape Maintenance Services, The Affiant has made diligent inquiry and provides the information contained in this
Affidavit based upon his own knowledge.
18.3 The Affiant states that only one submittal for the above Bid is being submitted and that the above named entity has
no financial interest in other entities submitting Bids for the same project.
18.4 Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in
any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity's submittal for
the above Bid. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and
execution of the Contract for this project.
18.5 Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from
participation in contract letting by any local, $tate, or Federal Agency.
18.6 Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any
other clients, contracts, or property interests for this project.
18.71 certify that no member of the entity's ownership or management is presently applying for any employee position or
actively seeking an elected position with the City of Sunny Isles Beach.
18.81 certify that no member of the entity's ownership or management, or staff has a vested interest in any aspect of the City
of Sunny Isles Beach.
18.9 In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will
immediately notify the City of Sunny Isles Beach.
Dated this 9A day of cS P,P-�ctt►.b %r , 2020.
C heal' le s 6 of .17-1 a P_. S V 10
AFFIANT Print or Type Name and Title
Sworn to and subscribed before me this day of ESrD-�r c.J` , 2020.
Personally Known OR
O Produced Identification ; Type of Identification
NOTARY PUBLIC STATE OF FLORIDA
ANTHONY ROBERT NAPOLEON
r : Notary Public -State of Florida
Commission N GG 305494
My Commission Expires
Febfuary 25, 2023
5 of 8
O� SJp1NY I $Z
DISPUTE DISCLOSURE
u x
City of Sunny Isles Beach
• r 18070 Collins Avenue
F'DD' • c s;09, s°� Sunny Isles Beach, FL 33160
c r' or suN 'ro Telephone: (305) 947-0606 Fax (305) 949-3113
DISPUTE DISCLOSURE FORM
Answer the following questions by placing a "X" after "Yes" or "No". If you answer "Yes", please
explain in the space provided, or on a separate sheet attached to this form.
19.1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional associations within the last
five (5) years?
YES NO V
19.2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a
contract or job related to the services your firm provides in the regular course of business within the last five (5)
years?
YES NO V
19.3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests,
or litigation in the past five (5) years that is related to the services your firm provides in the regular course of
business?
YES NO If yes, state the nature of the request for equitable adjustment, contract
claim, litigation; or protest, and state a brief description of the case, the outcome or status of the suit and the
monetary amounts of extended contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid
for the City of Sunny Isles Beach.
Brightview Landscape Services, Inc. 9-30-20
Firm
I
Authorized Signa re
Date
Charles Gonzalez Sr Vice President
Print or Type Name and Title
DECEMBER 28, 2010 6 of 8
O� SJNNY'SC�fB
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S, C,' • F -L O a,a •fit
Cil} Or Sul, *HO
STATE OF FLORIDA
COUNTY OF Miami Dade
ANTI -KICKBACK
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
ANTI -KICKBACK AFFIDAVIT
I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid
will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a
commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or
by an officer of the corporation.
By:
Title: Sr Vice President
The foregoing instrument was acknowledged before me this a17 day of
coep�C06cr— , 20 A O , by Cln&ele.s [name
of person],. as Sr. pnUi-Sr--if [type of . authority], for
[name of party on behalf of whom instrument was
executed].
AFFIX NOTARY STAMP HERE:
ANTHONY ROBERT NAPOLEON
J L Notary Public -State of Florida
Commission # GG
•t My Commission Expires
�� r� "�• Fe4uary 25. 2023
Personally Known
Type of Identification Produced
Notary Public — State of Florida
Print or Type C mmissioned Name
OR Produced Identification
DECEMBER 28 2010 7 of 8
O` SUNNI' Ij�FJe
CONTRACTOR ANTI -BOYCOTT CERTIFICATION
[PURSUANT TO FLORIDA STATUTE § 215.47251
I� Charles Gonzalez , on behalf of Brightview Landscape Services, Inc.
Print Name Company Name
certifies that Brightview Landscape Services, Inc. does not:
Company Name
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel list; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List; and
5. Has not engaged in business operations in Cuba or Syria.
Signature
Sr Vice President
Title
9-30-20
Date
8 of 8
,Illy OF sot, w,
ACKNOWLEDGEMENT OF ADDENDA
INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES
PART I:
LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION
WITH THIS BID
PART II:
Addendum #1, Dated Friday September 18th
Addendum #2, Dated
Addendum #3, Dated
Addendum #4, Dated
Addendum #5, Dated
Addendum #6, Dated
Addendum #7, Dated
Addendum #8, Dated
❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID
FIRM NAME: Brightview Landscape 13ervices, Inc.
AUTHORIZED SIGNATURE:
TITLE OF OFFICER: Sr Vice President
DATE: 9-30-20
City of Sunny Isles Beach I ITB 20-08-01 City Landscaping Services •
"'Y of SU1y P" -
BID SUBMITTAL FORM
Bid Title: Landscaping Services- Option B
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the
City of Sunny Isles Beach to perform and furnish all Work as specified or indicated in the Contract
Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with
the other terms and conditions of the Contract Documents.
The Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions
to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will
remain subject to acceptance for 90 days after the day of Bid opening. The Bidders agrees to sign and
submit the Agreement with the Bonds and other documents required by the Bidding Requirements within
ten days after the date of the City's Notice of Award.
In submitting this Bid, the Bidder represents, as more fully set forth in the Agreement, that:
The Bidder has familiarized himself/herself with the nature and extent of the
Contract Documents, Work, site, locality, and all local conditions and Law and
Regulations that in any manner may affect cost, progress, performance, or
furnishing of the Work.
• The Bidder has given the City written notice of all conflicts, errors, discrepancies
that it has discovered in the Contract Documents and the written resolution thereof
by City is acceptable to the Bidder.
This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in conformity with any agreement
or rules of any group, association, organization, or corporation; the Bidder has not
directly or indirectly induced or solicited any other Bidders to submit a false or
sham Bid; the Bidder has not solicited or induced any person, firm or corporation
to refrain from Bidding; and Bidder has not sought by collusion to obtain for itself
any advantage over any other Bidders or over the City.
The City and the successful Bidder will establish completion times for each individual Work Item and the
successful Bidder agrees that the work will be completed within the time frames agreed upon and stipulated
in the individual Work Orders and/or Notice to Proceed.
Firm Name:
Brightview Landscape Services, Inc.
Street Address:
2711 SW 36th Street Dania Beach FI. 33312
Mailing Address (if different):
City of Sunny Isles Beach I ITB 20-08-01 Right -of -Ways and Facilities Landscape Maintenance Services
"'y OF SUµ ?"_
Telephone No. 954 431 1111 Fax No.
Email Address: charles.gonzalez@brightview.com FEIN No. _95 -�_11 9/_*_?__� 3
* "By slgning this document the bidder agrees to a# Terms
Signature: /' /
(Signature of authorised agent)
Print Name:
CharleGonzalez
Title: Sr Vice President
THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE
BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE
INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL
NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY
PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE
BIDDER TO THE TERMS OF ITS OFFER.
City of Sunny Isles Beach I ITB 20-08-01 Right -of -Ways and Facilities Landscape Maintenance Services ..
""y OF SUN W'
SECTION 5
QUESTIONNAIRE
This Completed Form Must be submitted with the Bid. The City may, at its sole discretion, require that the
Bidder submit additional information not included in the submitted form. Such information must be
submitted with two (2) Calendar Days of the City's request. Failure to submit the form or additional
information upon request by the City will result in the rejection of the Bid as Non -Responsive. Additional
pages may be used following the same format and numbering. Some information may not be applicable.
In such instances insert "N/A". All questions are to be answered in full without exception.
Only complete and accurate information shall be provided by the Contractor. The Contractor hereby
warrants that, to the best of its knowledge and belief, the responses contained herein are true, accurate,
and complete. The Contractor also acknowledges that the City is relying on the truth and accuracy of the
responses contained herein. If it is later discovered that any material information given in response to a
question was provided by the contractor, knowing it was false, it shall constitute grounds for immediate
disqualification, termination, or rescission by the City any subsequent agreement between the City and the
Contractor.
Employee Information
Total No. of Employees for ROW Contract: 6+
Number of Trades Personnel and total number per classification:
(Apprentices must be listed separately for each classification)
Attached within Format
2. Program Manager for this Contract:
a. Name: Luke Facarazzo
b. Years with Company: 45+
P
c. Licenses/Certifications: Attached within Format
d. Last 3 projects with the company including role, scope of work, & value of project:
City of Aventura Roadways and Parks - Primary contractor - $2+ million
City of Sunny Isles Beach I ITB 20-08-01 Right -of -Ways and Facilities Landscape Maintenance Services
`"'y OF SUN Pt'
City of Sunny Isles ROWs - $800+
Field Supervisor for Right of Ways:
a. Name: Hal Holsombach
b. Years with Company:
c. Licenses/Certifications: Attached within Format
d. Last 3 projects with the company including role, scope of work, & value of project:
City of Sunny Isles ROW's - $800+
City of Aventura Roadways and Parks - Primary contractor - $2+ million
Subcontractors: (See Contract restrictions on Subcontracting)
Name Trade/Work to % of Work License
No. be performed
Brightview Landscape Services, Inc. 100 Attached within Format
S. Proposed Maintenance Plan Attached within Format
Provide an attachment to this questionnaire specifically describing the proposed maintenance plan
of action for the Work to be offered for the Landscape Maintenance Services Bid ROW. How many
crews of what size and makeup will be used to perform the work? How many days per week and
how many hours per week will be allotted to accomplish the work? Will you adjust staff seasonally,
and, if so, how will you do so in order to meet demands of the Performance Standards & Technical
Specifications? Contractor shall closely evaluate the City's minimum manpower requirements
defined in the Performance Standards and make recommendation if minimum specified manpower
is sufficient and, if not, how many personnel do they recommend. The Contractor's
recommendation will be taken into consideration in Bid evaluation.
City of Sunny Isles Beach I ITB 20-08-01 Right -of -Ways and Facilities Landscape Maintenance Services .:
BID SUBMITTAL FORM
Bid Title: Landscaping Services
,"Y OF SUN P"'
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the
City of Sunny Isles Beach to perform and furnish all Work as specified or indicated in the Contract
Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with
the other terms and conditions of the Contract Documents.
The Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions
to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will
remain subject to acceptance for 90 days after the day of Bid opening. The Bidders agrees to sign and
submit the Agreement with the Bonds and other documents required by the Bidding Requirements within
ten days after the date of the City's Notice of Award.
In submitting this Bid, the Bidder represents, as more fully set forth in the Agreement, that:
The Bidder has familiarized himself/herself with the nature and extent of the
Contract Documents, Work, site, locality, and all local conditions and Law and
Regulations that in any manner may affect cost, progress, performance, or
furnishing of the Work.
• The Bidder has given the City written notice of all conflicts, errors, discrepancies
that it has discovered in the Contract Documents and the written resolution thereof
by City is acceptable to the Bidder.
This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in conformity with any agreement
or rules of any group, association, organization, or corporation; the Bidder has not
directly or indirectly induced or solicited any other Bidders to submit a false or
sham Bid; the Bidder has not solicited or induced any person, firm or corporation
to refrain from Bidding; and Bidder has not sought by collusion to obtain for itself
any advantage over any other Bidders or over the City.
The City and the successful Bidder will establish completion times for each individual Work Item and the
successful Bidder agrees that the work will be completed within the time frames agreed upon and stipulated
in the individual Work Orders and/or Notice to Proceed.
Firm Name:
Brightview Landscape Services, Inc.
Street Address:
3100 SW 36th Street Dania Beach FI. 33312
Mailing Address (if different):
City of Sunny Isles Beach I ITB 20-08-01 City Landscaping Services
"'y OF suµ P"
Telephone No. 954 314 1111
Email Address: charies.gonzalez@brightview.com
M
No. 13
*By signing this document the bidder agrees to ail Terms
Signature:
(Signature of authorized agent)
Print Name: Charles Gonzalez
Sr Vice President
THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE
BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE
INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL
NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY
PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE
BIDDER TO THE TERMS OF ITS OFFER.
City of Sunny Isles Beach I ITB 20-08-01 City Landscaping Services
SECTION 7
Proposal Format & Questionnaire
7.1 FORMAT
"'*y OF SUN Pt,_
Bidders must submit (1) original, four (4) copies and one USB file of the Bid. The original Bid
must contain an original signature. Be sure that the individual signing the Proposal is
authorized to commit the Bidder's organization to the Proposal as submitted. Each page of the
Proposal should state the name of the Bidder, the ITB number, and the page number. The City
reserves the right to request additional data or material to support Proposals. All material
submitted in response to the ITB will become the property of the City.
LABEL EACH SECTION AS NUMBERED
The proposal must be in the following format.
Company Information
• In response to this ITB, all Bidders must provide the following:
• Name of Agency/Company (including any "Doing Business As" names)
• Company Locations
• Internet Web Site Address (if any)
■ Details of Entity Business Structure (Corporation, Partnership, LLC)
• Date Founded
• Home office address and telephone number, and local address and phone
number
• List of any outstanding litigation that would threaten the viability of the firm or
the performance of this contract
• Proof of Insurance
• Indication of how long it would take to implement service after authorized to
begin
2. Qualifications
3. Staffing
Fully completed Questionnaire in accordance with Article 7.2.
The Contractor must demonstrate they have substantial experience in the large
scale landscape and irrigation maintenance of parks. This experience must include
a minimum of five years experience in this type of work, including the maintenance
of a wethose or similar sub -surface irrigation system.
Copies of all applicable licenses and certifications
Resumes including relevant experience and qualifications of key personnel,
including key personnel of subcontractors, if any, that will be assigned to this
project.
Organizational chart of entire structure that is proposed to service account.
City of Sunny Isles Beach I ITB 20-08-01 City Landscaping Services
""Y OF 50N p -"-
• List job description in the organization described above.
• Overall employee policy and training program.
• Outline of safety program.
4. Bid Form
• A fully completed Bid Form in accordance with Section 6.
• Any pricing conditions or contingencies must be clearly stated.
5. References
Each Bidder must submit a minimum of (5) References
Each reference must have name of contact person/title, phone number, email
address and name of business/Government Agency
The City retains the right to request any additional information pertaining to the Bidder's
ability, qualifications, and procedures used to accomplish all work under the contract as it
deems necessary to ensure safe and satisfactory work.
6. Availability
Indicate current and anticipated workloads and availability for other activities and include
proximity or frequency to the City for service calls. Identify the extent and nature of any
anticipated outside support.
Contract Forms
All completed contract forms
City of Sunny Isles Beach I ITB 20-08-01 City Landscaping Services
,Illy OF SUµ W,
7.2 QUESTIONNAIRE
This Completed Form Must be submitted with the Bid. The City may, at its sole discretion, require that the
Bidder submit additional information not included in the submitted form. Such information must be
submitted with two (2) Calendar Days of the City's request. Failure to submit the form or additional
information upon request by the City will result in the rejection of the Bid as Non -Responsive. Additional
pages may be used following the same format and numbering. Some information may not be applicable.
In such instances insert "N/A". All questions are to be answered in full without exception.
The City shall be entitled to contact every reference listed in response to this questionnaire, and each entity
referenced in any response to any question in this questionnaire. The contractor, by completing this
questionnaire, expressly agrees that any information concerning the contractor in possession of said entities
and references may be made available to the City.
Only complete and accurate information shall be provided by the Contractor. The Contractor hereby
warrants that, to the best of its knowledge and belief, the responses contained herein are true, accurate,
and complete. The Contractor also acknowledges that the City is relying on the truth and accuracy of the
responses contained herein. If it is later discovered that any material information given in response to a
question was provided by the contractor, knowing it was false, it shall constitute grounds for immediate
disqualification, termination, or rescission by the City any subsequent agreement between the City and the
Contractor.
A. Business Information
How many years has your company been in business under its current name and ownership? 4.5 yrs
a. Professional Licenses/Certifications (include name and number)* Issuance Date
Carlos Victoria - Florida Certified Plumber - CFC1429383 9/17/2015
Jean Beauvais - Florida Pest Control Operator - JF238715 6/18/20
David Vaughn - ISA Certified Arborist - FL5610-A 4-14-2007
(*include active certifications of small or disadvantage business & name of certifying entity)
b. Date company licensed by the State of Florida or Miami -Dade County:
c. State and Date of Incorporation:
d. What is your primary business?
Florida / 12-15-1988
12-15-1988
Design, Build, Maintain and Enhance Landscapes
(This answer should be specific)
e. Name of licensed/certified employee(s), license/certification number, and relationship to
City of Sunny Isles Beach I ITB 20-08-01 City Landscaping Services
"IV of sqµ W,.
company:
f. Names of previous licensed/certified employee(s), with license/certification number during
the past five (5) years including, license numbers, relationship to company and years as
qualifier for the company
2. Name and Licenses of any prior companies:
Name of Company License No. Issuance Date
Luke's Landscaping
Brickman Group
ValleyCrest Landscape Maintenance Services, Inc.
3. Type of Company:
'f Corporation ❑ "S" Corporation ❑ LLC ❑ Sole Proprietorship ❑ Other:
(Corporations will be required to provide a copy of their corporate resolution prior to
executing a contract)
4. Company Ownership:
a. Identify all owners of the company
Name Title % of ownership
Wholly Owned by BrightVew Landscapes, LLC 100
Publicly Traded Company)
b. Is any owner identified above an owner in another company? ❑ Yes V No
City of Sunny Isles Beach I ITB 20-08-01 City Landscaping Services
If yes, identify the name of the owner, other company names, and % ownership
c. Identify all individuals authorized to sign for the company, indicating the level of
their authority ( check applicable boxes and for other provide specific levels of authority)
Name Title Signatory Authority
Charles Gonzalez Sr Vice President
Michael Dozier Vice President
Explanation for Other:
5. Employee Information
""r of SUN 0",
All Cost No -Cost Other
El
❑
❑
❑
0
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
Total No. of Employees: 22,000 Number of Managerial/Admin. Employees: 150
Number of Trades Personnel and total number per classification:
(Apprentices must be listed separately for each classification)
Technicians - 300+
-10,000+
David Vaughn - ISA Certified Arborist - FL5610-A
6. Name of Certified Arborist: (provide copy of certification)
Carlos Victoria - Florida Certified Plumber - CFC 1429383
7. Name of Certified Irrigation Technician: (provide copy of license)
Jean Beauvais - Florida Pest Control Operator - JF238715
8. Name of Certified Pest Control Operator: (provide copy of license)
City of Sunny Isles Beach I ITB 20-08-01 City Landscaping Services �.
""Y of 5Uµ I,
9. Has any owner or employee of the company been convicted of a federal offense or moral
turpitude: If yes, please explain:
n/a
10. Insurance & Bond Information
Insurance Carrier name & address: AON Risk Insurances - 707 Wilshire Blvd Ste 2600
Los Angeles Ca 90017
a. Insurance Contact Name, telephone, & e-mail: Simone Gerhard - 213 630 1386
simone.gerhard@aon.com
b. Insurance Experience Modification Rating (EMR): •720
(if no EMR rating please explain why)
c. Number of Insurance Claims paid out in last 5 years & value: attached
d. Bond Carrier name & address: AON Risk Insurances - 707 Wilshire Blvd Ste 2600
Los Angeles Ca 90017
e. Bond Carrier Contact Name, telephone, & e-mail:
Simone Gerhard - 213 630 1386
simone.gerhard@aon.com
f. Number of Bond Claims paid out in last 5 years & value:
attached
11. Have any claims lawsuits been filed against your company in the past 5 years? If yes, identify
all where your company has either settled or an adverse judgment has been issued against
your company. Identify the year basis for the claim or judgment & settlement unless the value of
the settlement is covered by a written confidentiality agreement.
attached
12. Has your company been assessed liquidated damages or defaulted on a project in the past five
(5) years?
City of Sunny Isles Beach I ITB 20-08-01 City Landscaping Services
13
` ty of SkW Pr
❑ Yes VNo (If yes, provide an attachment that provides an explanation of the project
and explanation)
Has your company been cited for any OSHA violations in the past five (5) year ? If yes,
please provide an attachment including all details on each citation. E]Yes 0 No
14. Provide an attachment listing all of the equipment and vehicles owned or under lease or rental
agreement, which will be used in the performance of the Work. Contractor must clearly identify
which equipment and vehicles are owned versus rented or leased. Contractor must also provide
the age of each piece of equipment or vehicle, and must specify whether the equipment or
vehicle will be dedicated for use solely on the City's Landscape Maintenance Work. During the
Bid evaluation process the City may request copies of rented or leased equipment. The
Equipment and Vehicles form in Section 7.3 has been provided to aid Bidders in submitting the
requested information. attached
B. Project Management & Subcontract Details
1. Program Manager for this Contract- Parks:
a. Name: Luke Facarazzo
b. Years with Company: Y� Com 40+
c. Licenses/Certifications:
FNGLA - Florida BMP's
d. Last 3 projects with the company including role, scope of work, & value of project:
City of Aventura Key Account Manager Full Service Maintenance $1+Million
Harbor Islands POA Key Account Manager Full Service Maintenance 1.5 Million
City of Sunny Isles Program Manager Full Service Maintenance $1+Million
2. Field Supervisor for this Project- Parks:
a. Name: Juan Carlos Diaz
b. Years with Company: 6 years
c. Licenses/Certifications: MOT Certified, BMP Certified
d. Last 3 projects with the company including role, scope of work, & value of project:
City of Sunny Isles Beach I ITB 20-08-01 City Landscaping Services i�:
'."')'OF SU%'1 P'N
City of Aventura Biscayne Blvd Full Service Landscape Maintenance - $500+
City of Aventura Parks Full Service Landscape Maintenance - $500+
Town of Miami Lakes parks - full service landscape maintenance - $400+
3. Subcontractors: (See Contract restrictions on Subcontracting)
Name Trade/Work to % of Work License
No. be performed
N/A
C. Disposal Site(s)
1. Will your co an be dis osing of cuttings and debris at a Miami Dade County
Site? Yes No (circle one). If es, provide a copy of all applicable Landscape
Permits. affacneci
2. If your company is using alternate disposal sites provide the following information' for
a maximum of two alternate sites: N/A
a. Name of Company:
Address:
Contact Person:
Phone Number:
E -Mail Address:
License Number:
License Issued By: Miami -Dade County State of Florida (Circle one)
b. Name of Company:
Address:
Contact Person:
Phone Number:
E -Mail Address:
License Number:
License Issued By: Miami -Dade County State of Florida (Circle one)
D. Circle which bid the bidder is submitting for: Option A (Parks) o Option B
(Parks and Row)
City of Sunny Isles Beach I ITB 20-08-01 City Landscaping Services =
"'r OF SUN 0.'
D. Current and Prior Experience: Attached within Format
1. Current Experience including current projects or contracts, recently awarded, or pending award.
Provide an attachment to this questionnaire that lists all such contracts or projects, including
the owner's name, title and value of project, scope of work, projected or actual start date,
projected completion date.
2. Prior contracts or projects of a similar size, scope, and complexity: Provide an attachment
to this Questionnaire that includes contracts or projects the Bidder considers of a similar,
size, scope and complexity that the City should consider in determining the Bidders
responsiveness and responsibility. This attachment must include the contracts or projects that
meet the minimum number of contracts or projects identified by the bid solicitation. Information
provided must include the owner's name, address and contact person, including telephone
& e-mail, title of contract or project, location of project, scope, initial value and final cost of
the contract or project, projected and final timeframes for completion in calendar days. A
reference letter is to be completed by the owner of the Project and submitted as part of the
Bid submission.
E. Bidder's References Attached within Format
Bidders are to include a minimum of five (5) references from contracts or projects listed in D2.
above. The attached form is to be used and is to be included with the Bid submission.
The City, at its sole discretion may allow the Bidder to submit the references after the specified
date for Bid submission.
F. Proposed Maintenance Plan to be provided
Provide an attachment to this questionnaire specifically describing the proposed maintenance plan
of action for the Work to be offered for the Landscape Maintenance Services Bid, ITB 20-08-01.
How many crews of what size and makeup will be used to perform the work? How many days
per week and how many hours per week will be allotted to accomplish the work? Will you adjust
staff seasonally, and, if so, how will you do so in order to meet demands of the Performance
Standards & Technical Specifications? Contractor shall closely evaluate the City's minimum
manpower requirements defined in the Performance Standards and make recommendation if
minimum specified manpower is sufficient and, if not, how many personnel do they recommend.
The Contractor's recommendation will be taken into consideration in Bid evaluation.
G. Financial status Attached within Format
1. Attach a professionally prepared financial statement with the City's ability to audit upon request,
including Contractor's latest balance sheet and income statement showing the following items:
a. Current assets, i.e. cash, joint venture account, accounts receivable, notes receivable,
accrued income, deposits, materials inventory, and prepaid expenses.
b. Net fixed assets.
c. Other assets.
d. Current liabilities, i.e. accounts payable, notes payable, accrued expenses, provision for
City of Sunny Isles Beach I ITB 20-08-01 City Landscaping Services
�� Of sot, 0"
income taxes, advances, accrued salaries, and accrued payroll taxes,
e. Other liabilities, i.e., capital, capital stock, authorized and outstanding shares per values,
earned surplus, and retained earnings, and
f. Name of firm preparing financial statement and date thereof
Bankruptcies:
a. Has the Contractor, or any of its parents or subsidiaries, ever had a Bankruptcy
Petition filed in its name, voluntarily or involuntarily? (If yes, specify date,
circumstances, and resolution).
MW
Has any Majority Shareholder ever had a Bankruptcy Petition filed in his/her
name, voluntarily or involuntarily? (If yes, specify date, circumstances, and
resolution).
No
Loans: Is this Contractor in default on any loan agreement or financing
agreement with any bank, financial institution, or other entity? (If yes, specify
details, circumstances, and prospects for resolution).
No
H. Declaration
I declare under penalty of perjury that the foregoing information is true and correct.
Executed on -9-15-20 (date)
Authorized representative (print): Charles Gonzalez Sr Vice President
a
Authorized representative (signature):
I. Disaster Recovery Services
Provide list of all government agencies for which the Proposer provided emergency
disaster recovery services within the last six (6) years. Provide project/event title and brief
City of Sunny Isles Beach I ITB 20-08-01 City Landscaping Services
"'Y of SUN P'
description of the work completed. Contractor should note whether it was part of a joint
venture and, if so, whether it was the Primary or Secondary Contractor.
City of Aventura Roadways and Parks - Primary contractor
Bay Harbor Islands Citywide - Primary contractor
Village of Bal Harbor - Primary contractor
City of Weston Roadways and Parks - Primary contractor
City of Sunny Isles Beach I ITB 20-08-01 City Landscaping Services
",-r of sub ",.
* Attached Partial Asset List
7.3 EQUIPMENT AND VEHICLES
*Note: This form is to be used for question A14 of the Questionnaire. Print as many as are required.
Vehicle/Equipment
Manufacturer
Vehicle/Equipment
Rented/Owned
Dedicated Solely
to CitV's Work
Age (Years)
❑ Rented/Leased
❑Owned
❑ Rented/Leased
El
[]Owned
❑ Rented/Leased
El
❑Owned
❑ Rented/Leased
El
❑Owned
❑ Rented/Leased
❑
❑Owned
❑ Rented/Leased
❑
Downed
❑ Rented/Leased
❑
❑Owned
❑ Rented/Leased
❑
❑Owned
❑ Rented/Leased
❑
❑Owned
❑ Rented/Leased
O
❑Owned
City of Sunny Isles Beach I ITB 20-08-01 City Landscaping Services
7.4 PERFORMANCE DEFICIENCY DEDUCTION
Notification to
Date: Time:
Method:
",*y OF SUN PN_
The following performance deficiency has been observed and requires immediate attention to
correct.
Location:
Value of Deduction: $
City Representative to check deficient items and comment (if applicable) below:
1. General Performance deficiency.
2. Failure to comply with minimum City defined manpower requirements.
3. Failure to provide adequate equipment.
4. Failure to protect public health and/or correct safety concerns.
5. Failure to comply with water restrictions.
6. Major irrigation deficiencies.
7. Other: Comments:
Please initiate the necessary corrective action(s) and notify the City Representative when
complete for re -inspection.
City Representative signature:
Contractor's Representative signature:
City of Sunny Isles Beach I ITB 20-08-01 City Landscaping Services
>OtANY
F L 0 O
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City of Sunny Isles Beach I ITB 20-08-01 City Landscaping Services m
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City of Sunny Isles Beach I ITB 20-08-01 Right -of -Ways and Facilities Landscape Maintenance Services =
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ITB #20-08-01
TREE SUMMARY
SPECIES
QTY
ALEXANDER PALM
32
BISMARCK PALM
65
BLOLLY
4
BOTTLEBRUSH
15
BRAZILIAN BEAUTYLEAF
17
CALOPHYLLUM
22
CANARY ISLAND DATE PALM
1
CARANDAY PALM
3
CHINESE FAN PALM
16
CHRISTMAS PALM
6
CLUSSIA
8
COCONUTPALM
596
DATE PALM (MEDJOOL)
378
DESERT CASSIA
1
FOXTAIL PALM
22
GREEN BUTTONWOOD
42
HORSEFLESH MAHOGANY
6
JAPANESE BLUEBERRY
55
LIGUSTRUM
15
MAHOGANY
15
OAK
28
OLEANDER
68
ORANGE GEIGER
19
PIGEON PLUM
78
ROBELLINI PALM
20
ROYALPALM
190
ROYAL POINCIANA
5
RUBBER TREE
1
SABALPALM
84
SEA GRAPE
24
SENEGAL DATE PALM
3
SILVER BUTTONWOOD
12
SOLITAIRE PALM
30
SYLVESTER PALM
4
THATCH PALM
208
UMBRELLA TREE
1
WASHINGTON PALM
47
WILD TAMARIND
1
YELLOW CASSIA
4
TOTAL
2146
Exhibit H
"'r OF SU14 W -
ELECTRONIC CODE OF FEDERAL REGULATIONS
Title 2 --> Subtitle A --) Chapter II -> Part 200
Title 2: Grants and Agreements
Procurement Standards
§200.318 General procurement standards.
(a) The non -Federal entity must use its own documented procurement procedures which reflect
applicable State, local, and tribal laws and regulations, provided that the procurements conform to
applicable Federal law and the standards identified in this part.
(b) Non -Federal entities must maintain oversight to ensure that contractors perform in accordance with
the terms, conditions, and specifications of their contracts or purchase orders.
(c)(1) The non -Federal entity must maintain written standards of conduct covering conflicts of interest
and governing the actions of its employees engaged in the selection, award and administration of
contracts. No employee, officer, or agent may participate in the selection, award, or administration of a
contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a
conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate
family, his or her partner, or an organization which employs or is about to employ any of the parties
indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered
for a contract. The officers, employees, and agents of the non -Federal entity may neither solicit nor accept
gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However,
non -Federal entities may set standards for situations in which the financial interest is not substantial or
the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary
actions to be applied for violations of such standards by officers, employees, or agents of the non -Federal
entity.
(2) If the non -Federal entity has a parent, affiliate, or subsidiary organization that is not a state, local
government, or Indian tribe, the non -Federal entity must also maintain written standards of conduct
covering organizational conflicts of interest. Organizational conflicts of interest means that because of
relationships with a parent company, affiliate, or subsidiary organization, the non -Federal entity is unable
City of Sunny Isles Beach I ITB 20-08-01 City Landscaping Services
"Y OF SUP= Pr
or appears to be unable to be impartial in conducting a procurement action involving a related
organization.
(d) The non -Federal entity's procedures must avoid acquisition of unnecessary or duplicative items.
Consideration should be given to consolidating or breaking out procurements to obtain a more
economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives,
and any other appropriate analysis to determine the most economical approach.
(e) To foster greater economy and efficiency, and in accordance with efforts to promote cost-effective
use of shared services across the Federal Government, the non -Federal entity is encouraged to enter into
state and local intergovernmental agreements or inter -entity agreements where appropriate for
procurement or use of common or shared goods and services.
(f) The non -Federal entity is encouraged to use Federal excess and surplus property in lieu of purchasing
new equipment and property whenever such use is feasible and reduces project costs.
(g) The non -Federal entity is encouraged to use value engineering clauses in contracts for construction
projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a
systematic and creative analysis of each contract item or task to ensure that its essential function is
provided at the overall lower cost.
(h) The non -Federal entity must award contracts only to responsible contractors possessing the ability to
perform successfully under the terms and conditions of a proposed procurement. Consideration will be
given to such matters as contractor integrity, compliance with public policy, record of past performance,
and financial and technical resources. See also §200.213 Suspension and debarment.
(i) The non -Federal entity must maintain records sufficient to detail the history of procurement. These
records will include, but are not necessarily limited to the following: rationale for the method of
procurement, selection of contract type, contractor selection or rejection, and the basis for the contract
price.
0)(1) The non -Federal entity may use a time and materials type contract only after a determination that
no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its
own risk. Time and materials type contract means a contract whose cost to a non -Federal entity is the
sum of:
(i) The actual cost of materials; and
City of Sunny Isles Beach I ITB 20-08-01 City Landscaping Services
"'Y OF SUN Pr
(ii) Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative
expenses, and profit.
(2) Since this formula generates an open-ended contract price, a time -and -materials contract provides no
positive profit incentive to the contractor for cost control or labor efficiency. Therefore, each contract
must set a ceiling price that the contractor exceeds at its own risk. Further, the non -Federal entity
awarding such a contract must assert a high degree of oversight in order to obtain reasonable assurance
that the contractor is using efficient methods and effective cost controls.
(k) The non -Federal entity alone must be responsible, in accordance with good administrative practice
and sound business judgment, for the settlement of all contractual and administrative issues arising out
of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and
claims. These standards do not relieve the non -Federal entity of any contractual responsibilities under its
contracts. The Federal awarding agency will not substitute its judgment for that of the non -Federal entity
unless the matter is primarily a Federal concern. Violations of law will be referred to the local, state, or
Federal authority having proper jurisdiction.
(78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014; 80 FR 43309, July 22, 20151
§200.319 Competition.
(a) All procurement transactions must be conducted in a manner providing full and open competition
consistent with the standards of this section. In order to ensure objective contractor performance and
eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements,
statements of work, or invitations for bids or requests for proposals must be excluded from competing
for such procurements. Some of the situations considered to be restrictive of competition include but are
not limited to:
(1) Placing unreasonable requirements on firms in order for them to qualify to do business;
(2) Requiring unnecessary experience and excessive bonding;
(3) Noncompetitive pricing practices between firms or between affiliated companies;
(4) Noncompetitive contracts to consultants that are on retainer contracts;
(5) Organizational conflicts of interest;
(6) Specifying only a "brand name" product instead of allowing "an equal" product to be offered and
describing the performance or other relevant requirements of the procurement; and
City of Sunny Isles Beach I ITB 20-08-01 City Landscaping Services •
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(7) Any arbitrary action in the procurement process.
(b) The non -Federal entity must conduct procurements in a manner that prohibits the use of statutorily
or administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or
proposals, except in those cases where applicable Federal statutes expressly mandate or encourage
geographic preference. Nothing in this section preempts state licensing laws. When contracting for
architectural and engineering (A/E) services, geographic location may be a selection criterion provided its
application leaves an appropriate number of qualified firms, given the nature and size of the project, to
compete for the contract.
(c) The non -Federal entity must have written procedures for procurement transactions. These procedures
must ensure that all solicitations:
(1) Incorporate a clear and accurate description of the technical requirements for the material, product,
or service to be procured. Such description must not, in competitive procurements, contain features
which unduly restrict competition. The description may include a statement of the qualitative nature of
the material, product or service to be procured and, when necessary, must set forth those minimum
essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed
product specifications should be avoided if at all possible. When it is impractical or uneconomical to make
a clear and accurate description of the technical requirements, a "brand name or equivalent" description
may be used as a means to define the performance or other salient requirements of procurement. The
specific features of the named brand which must be met by offers must be clearly stated; and
(2) Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating
bids or proposals.
(d) The non -Federal entity must ensure that all prequalified lists of persons, firms, or products which are
used in acquiring goods and services are current and include enough qualified sources to ensure maximum
open and free competition. Also, the non -Federal entity must not preclude potential bidders from
qualifying during the solicitation period.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014]
§200.320 Methods of procurement to be followed.
The non -Federal entity must use one of the following methods of procurement.
(a) Procurement by micro -purchases. Procurement by micro -purchase is the acquisition of supplies or
services, the aggregate dollar amount of which does not exceed the micro -purchase threshold (§200.67
City of Sunny Isles Beach I ITB 20-08-01 City Landscaping Services
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Micro -purchase). To the extent practicable, the non -Federal entity must distribute micro -purchases
equitably among qualified suppliers. Micro -purchases may be awarded without soliciting competitive
quotations if the non -Federal entity considers the price to be reasonable.
(b) Procurement by small purchase procedures. Small purchase procedures are those relatively simple
and informal procurement methods for securing services, supplies, or other property that do not cost
more than the Simplified Acquisition Threshold. If small purchase procedures are used, price or rate
quotations must be obtained from an adequate number of qualified sources.
(c) Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm fixed price
contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the
material terms and conditions of the invitation for bids, is the lowest in price. The sealed bid method is
the preferred method for procuring construction, if the conditions in paragraph (c)(1) of this section apply.
(1) In order for sealed bidding to be feasible, the following conditions should be present:
(i) A complete, adequate, and realistic specification or purchase description is available;
(ii) Two or more responsible bidders are willing and able to compete effectively for the business; and
(iii) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder
can be made principally on the basis of price.
(2) If sealed bids are used, the following requirements apply:
(i) Bids must be solicited from an adequate number of known suppliers, providing them sufficient
response time prior to the date set for opening the bids, for local, and tribal governments, the invitation
for bids must be publicly advertised;
(ii) The invitation for bids, which will include any specifications and pertinent attachments, must define
the items or services in order for the bidder to properly respond;
(iii) All bids will be opened at the time and place prescribed in the invitation for bids, and for local and
tribal governments, the bids must be opened publicly;
(iv) A firm fixed price contract award will be made in writing to the lowest responsive and responsible
bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life
cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used
to determine the low bid when prior experience indicates that such discounts are usually taken advantage
of, and
City of Sunny Isles Beach I ITB 20-08-01 City Landscaping Services
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(v) Any or all bids may be rejected if there is a sound documented reason.
(d) Procurement by competitive proposals. The technique of competitive proposals is normally conducted
with more than one source submitting an offer, and either a fixed price or cost -reimbursement type
contract is awarded. It is generally used when conditions are not appropriate for the use of sealed bids. If
this method is used, the following requirements apply:
(1) Requests for proposals must be publicized and identify all evaluation factors and their relative
importance. Any response to publicized requests for proposals must be considered to the maximum
extent practical;
(2) Proposals must be solicited from an adequate number of qualified sources;
(3) The non -Federal entity must have a written method for conducting technical evaluations of the
proposals received and for selecting recipients;
(4) Contracts must be awarded to the responsible firm whose proposal is most advantageous to the
program, with price and other factors considered; and
(S) The non -Federal entity may use competitive proposal procedures for qualifications -based
procurement of architectural/engineering (A/E) professional services whereby competitors' qualifications
are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable
compensation. The method, where price is not used as a selection factor, can only be used in procurement
of A/E professional services. It cannot be used to purchase other types of services though A/E firms are a
potential source to perform the proposed effort.
(e) [Reserved]
(f) Procurement by noncompetitive proposals. Procurement by noncompetitive proposals is procurement
through solicitation of a proposal from only one source and may be used only when one or more of the
following circumstances apply:
(1) The item is available only from a single source;
(2) The public exigency or emergency for the requirement will not permit a delay resulting from
competitive solicitation;
(3) The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in
response to a written request from the non -Federal entity; or
City of Sunny Isles Beach I ITB 20-08-01 City Landscaping Services
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(4) After solicitation of a number of sources, competition is determined inadequate.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014; 80 FR 54409, Sept. 10, 2015]
§200.321 Contracting with small and minority businesses, women's business enterprises, and labor
surplus area firms.
(a) The non -Federal entity must take all necessary affirmative steps to assure that minority businesses,
women's business enterprises, and labor surplus area firms are used when possible.
(b) Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on solicitation
lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by
small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in
paragraphs (1) through (5) of this section.
§200.322 Procurement of recovered materials.
A non -Federal entity that is a state agency or agency of a political subdivision of a state and its contractors
must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines
of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of competition, where
the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding
fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes
City of Sunny Isles Beach I ITB 20-08-01 City Landscaping Services
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energy and resource recovery; and establishing an affirmative procurement program for procurement of
recovered materials identified in the EPA guidelines.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014]
§200.323 Contract cost and price.
(a) The non -Federal entity must perform a cost or price analysis in connection with every procurement
action in excess of the Simplified Acquisition Threshold including contract modifications. The method and
degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a
starting point, the non -Federal entity must make independent estimates before receiving bids or
proposals.
(b) The non -Federal entity must negotiate profit as a separate element of the price for each contract in
which there is no price competition and in all cases where cost analysis is performed. To establish a fair
and reasonable profit, consideration must be given to the complexity of the work to be performed, the
risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its
record of past performance, and industry profit rates in the surrounding geographical area for similar
work.
(c) Costs or prices based on estimated costs for contracts under the Federal award are allowable only to
the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the
non -Federal entity under Subpart E—Cost Principles of this part. The non -Federal entity may reference its
own cost principles that comply with the Federal cost principles.
(d) The cost plus a percentage of cost and percentage of construction cost methods of contracting must
not be used.
§200.324 Federal awarding agency or pass-through entity review.
(a) The non -Federal entity must make available, upon request of the Federal awarding agency or pass-
through entity, technical specifications on proposed procurements where the Federal awarding agency or
pass-through entity believes such review is needed to ensure that the item or service specified is the one
being proposed for acquisition. This review generally will take place prior to the time the specification is
incorporated into a solicitation document. However, if the non -Federal entity desires to have the review
accomplished after a solicitation has been developed, the Federal awarding agency or pass-through entity
may still review the specifications, with such review usually limited to the technical aspects of the
proposed purchase.
City of Sunny Isles Beach I ITB 20-08-01 City Landscaping Services
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(b) The non -Federal entity must make available upon request, for the Federal awarding agency or pass-
through entity pre -procurement review, procurement documents, such as requests for proposals or
invitations for bids, or independent cost estimates, when:
(1) The non -Federal entity's procurement procedures or operation fails to comply with the procurement
standards in this part;
(2) The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded
without competition or only one bid or offer is received in response to a solicitation;
(3) The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a "brand
name" product;
(4) The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other
than the apparent low bidder under a sealed bid procurement; or
(S) A proposed contract modification changes the scope of a contract or increases the contract amount
by more than the Simplified Acquisition Threshold.
(c) The non -Federal entity is exempt from the pre -procurement review in paragraph (b) of this section if
the Federal awarding agency or pass-through entity determines that its procurement systems comply with
the standards of this part.
(1) The non -Federal entity may request that its procurement system be reviewed by the Federal awarding
agency or pass-through entity to determine whether its system meets these standards in order for its
system to be certified. Generally, these reviews must occur where there is continuous high -dollar funding,
and third party contracts are awarded on a regular basis;
(2) The non -Federal entity may self -certify its procurement system. Such self -certification must not limit
the Federal awarding agency's right to survey the system. Under a self -certification procedure, the Federal
awarding agency may rely on written assurances from the non -Federal entity that it is complying with
these standards. The non -Federal entity must cite specific policies, procedures, regulations, or standards
as being in compliance with these requirements and have its system available for review.
§200.325 Bonding requirements.
For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition
Threshold, the Federal awarding agency or pass-through entity may accept the bonding policy and
requirements of the non -Federal entity provided that the Federal awarding agency or pass-through entity
City of Sunny Isles Beach I ITB 20-08-01 City Landscaping Services
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has made a determination that the Federal interest is adequately protected. If such a determination has
not been made, the minimum requirements must be as follows:
(a) A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee' must
consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument
accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such
contractual documents as may be required within the time specified.
(b) A performance bond on the part of the contractor for 100 percent of the contract price. A
"performance bond" is one executed in connection with a contract to secure fulfillment of all the
contractor's obligations under such contract.
(c) A payment bond on the part of the contractor for 100 percent of the contract price. A "payment
bond" is one executed in connection with a contract to assure payment as required by law of all persons
supplying labor and material in the execution of the work provided for in the contract.
§200.326 Contract provisions.
The non -Federal entity's contracts must contain the applicable provisions described in Appendix II to
Part 200—Contract Provisions for non -Federal Entity Contracts Under Federal Awards.
Appendix II to Part 200—Contract Provisions for Non -Federal Entity Contracts Under Federal Awards
In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made
by the non -Federal entity under the Federal award must contain provisions covering the following, as
applicable.
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the
inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative,
contractual, or legal remedies in instances where contractors violate or breach contract terms, and
provide for such sanctions and penalties as appropriate.
(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non -
Federal entity including the manner by which it will be effected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that
meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the
equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246,%/pe text hei
City of Sunny Isles Beach I ITB 20-08-01 City Landscaping Services
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"Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended
by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
(D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation,
all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a
provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented
by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts
Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must
be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified
in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation. The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity
must report all suspected or reported violations to the Federal awarding agency. The contracts must also
include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on
Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").
The Act provides that each contractor or sub -recipient must be prohibited from inducing, by any means,
any person employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected
or reported violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts
awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or
laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by
Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must
be required to compute the wages of every mechanic and laborer on the basis of a standard work week
of 40 hours. Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in
excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
City of Sunny Isles Beach I ITB 20-08-01 City Landscaping Services
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(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition
of "funding agreement" under 37 CFR §401.2 (a) and the recipient or sub -recipient wishes to enter into a
contract with a small business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research work under that "funding
agreement," the recipient or sub -recipient must comply with the requirements of 37 CFR Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding
agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-
1387), as amended—Contracts and sub -grants of amounts in excess of $150,000 must contain a provision
that requires the non -Federal award to agree to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding
agency and the Regional Office of the Environmental Protection Agency (EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR
180.220) must not be made to parties listed on the government -wide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment
and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise
excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other
than Executive Order 12549.
(1) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding
$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has
not used Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of Congress,
or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds
that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the non -Federal award.
(J) See §200.322 Procurement of recovered materials.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 20141
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ITB #20-08-01
TREE SUMMARY
SPECIES
CITY
ALEXANDER PALM
39
ALLSPICE TREE
1
BAHAMA STRONGBARK
1
BALD CYPRESS
6
BANYAN
2
BISMARCK PALM
1
BLACK IRONWOOD
5
BLOLLY
3
BRAZILIAN BEAUTYLEAF
24
CALOPHYLLUM
3
CHRISTMAS PALM
3
CLUSSIA
7
COCONUT PALM
289
DATE PALM (MEDJOOL)
148
DESERT CASSIA
1
FIREBUSH
4
FOXTAIL PALM
5
GREEN BUTTONWOOD
103
GUMBO LIMBO
56
HIBISCUS
6
JAMAICA DOGWOOD
1
JAPANESE BLUEBERRY
68
LIGNUM VITAE
3
LIGUSTRUM
11
LOCUST BERRY
1
MAHOGANY
14
MONTGOMERY PALM
21
OAK
63
ORANGE GEIGER
13
PARADISE TREE
1
PAUROTIS PALM
14
PIGEON PLUM
19
PURPLE GLORY TREE
1
RED STOPPER
4
ROBELLINI PALM
83
ROYALPALM
63
ROYAL POINCIANA
3
SABALPALM
152
SATIN LEAF
4
SCREWPINE
2
SEA GRAPE
4
SPECIES
CITY
SENEGAL DATE PALM
1
SHAVING BRUSH TREE
1
SHORT LEAVED FIG
2
SILVER BUTTONWOOD
21
SIMPSON STOPPER
11
SOLITAIRE PALM
95
SPANISH STOPPER
7
SPICEWOOD
1
THATCH PALM
49
TRAVELERS PALM
10
WASHINGTON PALM
20
WAX MYRTLE
18
WILD TAMARIND
13
WILLOW BUSTIC
2
YELLOW CASSIA
16
YELLOW ELDER
1
TOTAL
1520
EXHIBIT'H'