The URL can be used to link to this page

Home My WebLink AboutReso 2024-3713RESOLUTION NO. 2024 - 3 % A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AWARDING INVITATION TO BID NO. 24-06-02 TO, AND APPROVING AN AGREEMENT WITH, VISUALSCAPE INC. TO PROVIDE CITYWIDE LANDSCAPING SERVICES AS THE PRIMARY AWARDEE, IN AN AMOUNT NOT TO EXCEED FIVE MILLION TWO HUNDRED THOUSAND DOLLARS AND NO CENTS ($5,200,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach (the "City") is in need of a vendor to provide citywide landscape maintenance services (the "Services"); and WHEREAS, the City issued and advertised Invitation to Bid No. 24-06-02 (the "Bid") for Citywide Landscape Services, and received three (3) responses with VisualScape Inc. (the "Primary Awardee") being the lowest responsive and responsible bidder; and WHEREAS, the Primary Awardee has represented to the City that it possesses the requisite qualifications, expertise, and licenses to perform all necessary work in connection with the Services specified in the Bid Specifications; and WHEREAS, the City Commission wishes to award the Bid to, and approve an Agreement with, the Primary Awardee to provide the desired Services, in an amount not to exceed Five Million Two Hundred Thousand Dollars and No Cents ($5,200,000.00), attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Award of Bid No. 24-06-01 and Approval of Agreement. The City Commission hereby awards Bid No. 24-06-01 to, and approves an Agreement with, VisualScape Inc. to provide citywide landscaping services as the primary awardee, in an amount not to exceed Five Million Two Hundred Thousand Dollars and No Cents ($5,200,000.00), attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. @BCL@040BB1E6.doc Page 1 of 2 210 A Mauricio PASSED AND ADOPTED this 191h day of Se e er, 2024. Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: anctir, CMC, City Clerk Alain E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by: ��InAWI� Seconded by: Vote: / Mayor Svechin -/ (Yes) (No) Vice Mayor Lama (Yes) (No) Commissioner Joseph (Yes) (No) Commissioner Stuyvesant , (Yes) (No) Commissioner Viscarra (Yes) (No) @BCL@040BB1E6.doc Page 2 of 2 211 4,JNN Y_`JRJ AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND VISUALSCAPE, INC. CONTRACT NO. 2024-7556 CIt OI fUlf THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this��day of October, 2024, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and VISUALSCAPE, INC., a Florida corporation, whose Federal Employer Identification (FEI) No. is 452599402 (hereinafter referred to as "Contractor"). RECITALS WHEREAS, the City is in need of a primary non-exclusive Contractor to provide citywide, including City parks and rights-of-way landscape maintenance services, as more particularly described in Invitation to Bid No. 24-06-02, entitled "Citywide Landscape Maintenance Services," attached hereto as Attachment "A," and incorporated herein by reference and made a part hereof (hereinafter "Services); and WHEREAS, upon evaluation, Contractor was determined to have submitted the lowest responsible and responsive bid; and WHEREAS, Contractor is qualified, willing and able to provide the Services subject to the terms and conditions contained herein; and WHEREAS, the City desires to enter into this Agreement with Contractor to provide, as primary non-exclusive contractor, the Services in a total not -to -exceed amount of Five Million Two Hundred Thousand Dollars and No Cents ($5,200,000.00); NOW THEREFORE, in consideration of the promises and the mutual covenants set forth herein, the Parties agree as follows: 1. RECITALS. The recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, as well as ITB No. 24-06-02, appended hereto as Attachment "A," and Contractor's Response thereto, appended hereto as Attachment "B" (hereinafter referred to collectively as "Contract Documents"). In the event of any conflict between or among the contract documents or any ambiguity or missing specifications or instruction, the following priority is established: A. First, this Agreement Between the City of Sunny Isles Beach and VisualScape, Inc. — Contract No. 2024-7556. B. Invitation to Bid No. 24-06-02, entitled "Citywide Landscape Maintenance Services." C. Second, Contractor's Response to ITB No. 24-06-02. 3. SERVICES. Contractor shall provide the Services, as primary and non-exclusive contractor, as more particularly described in Attachment "A." Contractor shall provide all labor, materials, equipment, tools, qualified and certified supervision, and other items and services both necessary and incidental to ensure that the landscape maintenance services are performed in a manner that will maintain a healthy landscape and present a neat, clean, and professional appearance of all parks and recreational facilities areas, rights-of-way, bus shelter locations, mage t or iv Cif) of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax parking lots, and government facilities, The Services shall include, but not be limited to, weeding, mowing, turf maintenance, edging, pruning, hedge trimming, raking, sweeping and vacuuming sidewalks, herbicide applications including preventive and corrective applications, fertilization and pest management services using Integrated Pest Management principles, irrigation system maintenance, monitoring and repair, maintaining and replacing, if necessary, any plants lost due to negligence of the Contractor, seasonal color replacement, removing graffiti on a daily basis, daily removal of all litter including dead animals, shopping cart removal and litter pick up seven daysper week, or as defined by the City. The Contractor shall adhere to the City Noise Ordinance, including the amendment stating Contractors cannot blow debris onto other people's properties, referenced in Chapter 193. Contractor must provide a minimum of the following: • Eight (8) full time staff, (at least 1 of the 8 must be an IA certified irrigation technician) • One (1) on-site Field Supervisor Monday — Friday, • Two (2) full-time staff during weekends with, • One (1) dedicated on-site Field Supervisor that must remain on premises Monday — Friday, (or additional staff as needed to meet scope of set -vice, as determined by the C ity). Contractor shall increase the foregoing minimum staffing requirements as necessary in order to perform the Work in accordance with the City's performance requirements, as set forth in the Contract Documents. All Work shall be accomplished anytime between the hours of 7:00 A.M. to 5:00 P.M. Monday through Sundayunless pre -approved by The Citydueto FDOT requirements or specific maintenance needs. The minimum required staff is for routine landscape maintenance services only and does not include services such as annual flower change -outs, shrub replacernent, special projects, irrigation repair, tree and palm pruning. The Contractor is responsible to provide additional staff as needed to perform this work and all other work contained in this Agreement. The Set -vices shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to furnish all labor and material in a good and workmanlike and professional manner to perform Services. Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Set -vices are being performed in accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements, and persons. Contractor will require its employees to perform their work in a manner consistent with the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City or all costs incurred with respect to the completion of those Set -vices and any damages the City may suffer as a result of Contractor's failure to perform the Services. 4. TERM. Subject to the provisions relating to the termination of this Agreement as set forth herein, the term of this Agreement shall have an effective commencement date of November 1, 2024, and shall terminate on October 31, 2026. Prior to, or upon completion of that initial term, age 2 o Cite of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax the City shall have the option at its sole discretion to renew this contract for three (3) additional one-year renewal terms. Payment will be made only for work completed to the satisfaction of the City. The terms of Sections 18 and 20 entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement. It is hereby furtheragreed and understood that this Agreement may be extended for an additional thirty (30) day transitional period afterthe stated expiration date of the Agreement, includ ing any extensions exercised under the initially established option period terms of the Agreement. During this transitional period, Contractor agrees to continue the same or a reduced level (if such red uction is mutually agreed to and appropriately documented)of service to the City at the same prices while a new Agreement, also in force, is being mobilized. 5. COMPENSATION. During the term of this Agreement, Contractor agrees to provide the Services, on a recurring basis, in a total amount not to exceed Five Million Two Hundred Thousand Dollars and No Cents ($5,200,000.00). Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with the Contract Documents and the Fee Schedule as reflected in Attachment "A," under the following conditions: A. Disbursements. There are no reimbursable expenses associated with this Agreement. B. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. Contractor shall invoice the City for recurring monthly payments of Forty -Six Thousand Six Dollars and Eighteen Cents ($46,006.18) for City's Parks, and Seventy -Two Thousand Six Hundred Three Dollars and Twenty -Seven Cents ($72,603.27) for rights -of way, for a total recurring monthly payment of One Hundred Eighteen Six Hundred Nine Dollars and Forty -Five Cents ($118,609.45). If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the Agreement number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. The City will pay properly submitted Contractor invoices following each monthly period within thirty (30) days of receipt, for completed and accepted deliveries or specified services and/or goods, unless the City notifies the Contractor in writing of the dispute, before payment is d ue. C. CPI Ad iustment for Renewal Terms. Prior to completion of each exercised contract term, the City may consider an adjustment to price based on changes in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI -W): Miami -Fort Lauderdale, FL. It is the Contractor's responsibility to request any pricing adjustment under this provision, which shall not exceed 5%. D. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. In the event the City Commission fails to appropriate funds for the particular purpose of this Agreement during any year of the term hereof, then this age I of 19 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Agreement shall be terminated upon twenty (20) days written notice and the Contractor shall be compensated for the Services satisfactorily performed prior to the effective date of termination. E. Final Invoice. In orderfor both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent Contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security taxes and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage, and liabilities caused by Contractor, its agents or employees, as indicated below: A. Comprehensive General Liability with minimum limits of Five Million Dollars ($5,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 1. Premises and Operation 2. Workers Compensation (Statutory Limits) 3. Independent Contractors 4. Products and/or Completed Operations Hazard age 4 o I IV City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Broad Form Property Damages Broad Form Contractual Coverage applicable to this specific Contract, including any hold Harmless and/or indemnification agreement. a. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. B. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 1. Owned Vehicles; 2. Hired and Non -Owned Vehicles; 3. Employers' Non -Ownership. C. Worker's Compensation and employer's liability coverage, as required pursuant to Florida law. Workers' Compensation must include a Waiver of Subrogation on behalf of the City of Sunny Isles Beach. insurance required of the Contractor shall be primary to, and not contributory with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Contractor hereunder. Contractor shall also require and ensure that each of its sub -Contractor providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of thetypes and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 8. PERFORMANCE AND PAYMENT BOND. Contractor is required to provide a Performance and Payment Bond in the amount of 100% of the total recurring monthly payment for Services for the two year initial term, as security for the faithful performance of the Agreement and for the payment of all persons performing labor or furnishing materials in connection herewith within ten (10) calendar days after notification of the award by the City. The bonds shall be with a surety company authorized to do business in the State of Florida. The Bond(s) shall not contain age:)of IV City of Sunny Isles Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax a provision allowing the Surety(ies) to cancel the Bonds prior to the completion of the Contract, including any optional renewal periods. 9. PENALTIES FOR UNSATISFACTORY WORK. Contractor shall promptly correct all apparent and latent deficiencies and/or defects in work, and/or any unsatisfactory work that fails to conform to the Contract Documents regardless of completion status of the Services ("Unsatisfactory Work"). If Unsatisfactory Work is identified, through planned, random or unannounced inspections, or any other circumstance through which the City becomes aware of Unsatisfactory Work, Contractor will be notified in writing within two (2) business days. All corrections shall be made within two (2) business days after such rejected defects, deficiencies, and/or Unsatisfactory Work are verbally reported to Contractor by the City, who may confirm all such verbal reports in writing. Contractor shall bear all costs of correcting such work. If Contractor fails to correct the Unsatisfactory Work within the period specified, the City may, at its discretion, notify Contractor, in writing, that Contractor is subject to default if the corrections are not completed to the satisfaction of City within one (1) business day of receipt of the notice. If Contractor fails to correct the work within the period specified in the notice, City may place Contractor in default. In addition to random or unannounced inspections, City will conduct planned inspections each month, which will be conducted prior to Contractor submitting its monthly invoice. When either planned or unplanned inspection efforts identify Unsatisfactory Work, Contractor will be notified per the procedure set forth above and City will conduct a subsequent inspection to ensure compliance. City will incur additional administrative expenses for the additional time required to re -inspect Contractor's work. Upon failure of Contractor to complete the work within the time specified for final completion, City shall impose deductionsto Contractor's invoice. A report shall be provided to Contractor in the form provided in the Contract Documents along with the unsatisfactory inspection notice. The deductions which may be made under this Agreement include, but are not limited to, those items set forth below with the corresponding penalty: a. Deduction of up to $200 per instance: Failure to comply with conditions, specifications, reports, schedules and/or directives from the City and Purchase Order, including but not limited to, failure to adequately remove trash/debris/weeds in a timely manner, apply chemicals, prune, etc. Deduction may be based upon costs provided by Contractor on the Fee Schedule contained in the Contract Documents, or as deemed appropriate by City. b. Deduction of $100 per employee per workday: Failure to comply with minimum City defined manpower requirements, c. Deduction of up to $200 per instance per workday: Failure to provide adequate equipment in compliance with City specifications and/or as requested by the City. d. Deduction of up to $250 per occurrence: Failure to protect public health and/or correct safety concerns. These include, but are not limited to, policing City property for hazards, responding to emergencies, providing adequate traffic control measures (per M.U.T.C.D. Guidelines). age o o VT,SMXUSUAI'f,, City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax e. Deduction of up to $250 per occurrence: Failure to comply with water restrictions imposed by any agency having authority to do so. Add itionally, Contractor shall be responsible for any imposed penalties. f. Deductionupto $250 peroccUrrence: Major irrigation deficiencies shall be repaired within 12 hours. 10. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor thirty (30) days to cure such default. If the default remains uncured afterthirty (30) daysthe City may terminate this Agreement, and the City shall receive a refund from the Contractor in an amount equal to the actual cost incurred by the City as a result of paying a third party to cure such failure, which amounts shall be substantiated with receipts or invoices reflecting payments made. In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor shall be delivered to the City and the City will only be responsible for paying the Contractor for Services satisfactorily performed prior to the date of termination. Under no circumstances will the City be responsible for monthly set -vice charges for the remaining, unexpired portion of the then existing term. 2. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor thirty (30) days written notice. The terms of Paragraph I IA(I) and A(2) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 11. BACKGROUND CHECKS. Prior to performing work in the City pursuant to the Agreement, Contractor, and managers, employees, independent contractors, and any subcontractors of Contractor (collectively "Personnel") that will perform work under this Agreement shall be required to undergo a criminal background check consisting of a Florida rage o I IV City of Sunny Isles Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Department of Law Enforcement ("FDLE") and Florida Crime Information Center/National Crime Information Center ("FCIC/NCIC") criminal records check. Any Personnel not meeting this requirement will not be permitted to perform work under this Agreement. The background check will be performed by the City's Human Resources Department, at the Contractor's sole expense. Failure of Contractor to comply with this provision, shall be cause for termination of tine Agreement. 12. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of ten (10) years subsequent to that date upon which this Agreement expires or is terminated, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor from violating such provisions. 13. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the City. Should the Contractor subcontract any services under this Agreement, it shall be done with continued liability for the Contractor. The Contractor shall remain responsible for services, responsibilities, and liabilities of any person or entity acting under Contractor. 14. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, fust class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by electronic mail (e-mail) with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Stan Morris With a copy to: City Manager City Attorney City of Sunny Isles Beach City of Sunny Isles Beach 18070 Collins Ave. 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160 Tel: (305)-792-1701 Tel: (305)-792-1702 smorrisOsibfl.net aboileau(c-bunlaw.net If to the Contractor: Ivan Carlos Villa, President VisualScape, Inc. 17801 NW137th Avenue Miami, Florida 33018 Tel: (786) 859-1331 ivilawisualscapeinc.com ragen of Ili City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 15. PUBLIC RECORDS. The Contractor shall be required to comply with the following requirements under Florida's Public Records Law: A. Contractor shall keep and maintain public records required by the City to perform the service. B. Upon request from the City, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. D. Contractor shall, upon completion of the contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Contractor to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue, 4th Floor, Sunny Isles Beach, Florida 33160. 16. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of three (3) years. 17. CONFLICT OF INTEREST. The Contractor agrees to ad here to and be governed by the Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which should conflict in any manner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this Agreement or to any benefit arising therefrom. VINUALSCATE, nge v o City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 18. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted by law, the Contractor agrees to indemnify and hold -harmless the City, its agents, representatives, officers, directors, officials and employees from any claims, liabilities, damages, losses and costs, including, but not limited to, reasonable attorney fees to the extent caused, in whole or in part, by the negligence, error or omission of the Contractor or persons employed or utilized by the Contractor in performance of Services underthis Agreement. Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend or pay for an attorney selected by the City to defend City, its agents, representatives, officers, directors, officials and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, includ ing attorney fees, court costs, and expenses, caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor, including those of their employees, agents, servants, or officers, or accruing, resulting from, or directly related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demandsor causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action or demand, Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City. The provisions and obligations of this Section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by City, any sum due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by City. The parties agree that One Hundred Dollars ($100.00) represents specific consideration to the Contractor for the indemnification set forth in this Agreement. 19. JURISDICTION VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVEANY RIGHTS EITHERPARTY MAY HAVETO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. 20. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. - - Page i U 01 1 7 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 21. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall prevail and be given superior effect and priority over any conflicting or inconsistent term, statement, requirement, orprovision contained in any otherdocumentor attachment, including but not limited to Contractor's proposal attached hereto as Attachment "A." 22. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the City. Should the Contractor subcontract any services under this Agreement, it shall be done with continued liability for the Contractor. The Contractor shall remain responsible for services, responsibilities, and liabilities of any person or entity acting under Contractor. 23. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following; hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 24. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services if at the time of bidding, submitting a proposal for, or entering into or renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the company submitted a false certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute Section 215.473, or is or has been engaged in business operations in Cuba or Syria, after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement as rage 11 otiv Cita) of Sunny Isles Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "C." Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate thatthe City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135. 25. E -VERIFY. Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a Consultant enters into a contract with a subcontractor, the subcontractor must provide the Consultant with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, Consultant is required to verify employee eligibility using the E -Verify system for all existing and new employees hired by Consultant during the contract term. Further, Consultant must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Consultant to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The Consultant must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit, attached hereto as Attachment "D." 26. HUMAN TRAFFICKING. Pursuant to Section 787.06, Florida Statutes, entitled "Human Trafficking," a governmental entity cannot execute, renew, or extend a contract with a nongovernmental entity that uses coercion for labor or services, as defined in Section 786.06(2), Florida Statutes. Contractor must submit the affidavit that is attached to this agreement as Attachment "E," signed by an officer or an authorized representative of the Contractor, under penalty of perjury, attesting that Contractor does not use coercion for labor or services as defined in Section 786.06(2), Florida Statutes. Submitting a false certification shall be deemed a material breach of contract. 27. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. D. Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date lie or she signs this Agreement, duly age I L 0 1 19 Cite ofSnnny Isles Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority to bind their respective party to this Agreement. E. This Agreement contains the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by in writing signed by the patty against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. F. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given superior effect and priority over any conflicting or inconsistent term, statement, requirement or provision contained in any other document or attachment, including but not limited to Attachments "A" `B" and "C". IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. VISUALSCAPE, I C. van Carlos Vila, President STATE OF FLORIDA: COUNTY OF Miami -Dade ; The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑ online notarization, this 31 day of S`s'ptun,bB1', 2024, by Ivan Carlos Vila, as President of VisualScape, Inc. uc-NrOD 'OC (SEAL) No r Public, State of Florida (Si n tore of Notary Public) JOSE M.QUINTERO {" i•9 MYCOMMI (Pr t �' of MROAguat 11, 2028 Commissione Public) Personally Known X or Produced Identification Type of Identification Produced: N/A ATTEST CITY OF SUNNY ISLES BEACH ago o City of Sunny Isles Beach 18070 Collins Avenue, SurEny,1sles Beach, Florida 33160 (305) 947-0606 phone (305) 9419-3113 Fax BY: Y MauriWmir,, City Clerk-Larisa Sve in, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: BY: �LUD��f/�G(�•�/ Department Head Alain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney age 14 ot PJ City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment A VlaUAL.-A-AVV, IPA— rage ol 19 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net INVITATION TO BID Goods & Services ITB 24-06-02 CITYWIDE LANDSCAPE MAINTENANCE SERVICES RELEASE DATE: JUNE 24, 2024 VIRTUAL NON-MANDATORY PRE-BID MEETING THURSDAY, JULY 11, 2024 AT 11:00 AM HTTPS://US02WEB.ZOOM.US/J/81875785110 ALL QUESTIONS DUE: FRIDAY, JULY 12, 2024 AT 5:00 PM SUBMISSION DUE DATE: , AUGUST , 2024 AT 11:00 AM RESPONDENTS SHALL SUBMIT ALL BIDS ELECTRONICALLY THROUGH SUBMIT ELECTRONIC PROPOSALS TO: WWW.DEMANDSTAR.COM. THE CITY IS ONLY ACCEPTING ELECTRONIC SUBMITTALS DEMANDSTAR City of Sunny Isles Beach |ITB 24-06-02 Citywide Landscaping Services 1 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net TABLE OF CONTENTS Contents Page No. Table of Contents……………………………………………………………………………………………………. 2 Legal Advertisement/Notice to Bidder……………………………………………………………………….. 3 Section 1: Instructions to Bidder / General Terms & Conditions…………….…….. 4 Section 2: Special Terms & Conditions ……………………………………………..…….…….. 13 Section 3: Performance Standards/Technical Specifications……….………………… 37 Section 4: Basic Services (Parks Recurring Monthly)…………………………………………. 63 Section 5: Basic Services (ROW Recurring Monthly)………………………………….……… 65 Section 6: Supplemental Services Supplemental Services (“On Demand”)…………… 69 Section 7: Bid Submittal Forms……………………………………………………………………….. 83 Section 8: Proposal Format & Questionnaire…………………………………………………. 108 Exhibits Exhibit A Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts under Federal Awards Exhibit B Parks Map: North, Central, South Exhibit C Right-of-Way Map: North, Central, South Exhibit D Tree Maint Classification Exhibit E Tree Summary Citywide Exhibit F Bus Shelter Exhibit G Responding to an Electronic Bid Affidavits Non-Collusive Affidavit Public Entity Crimes Equal Opportunity / Affirmative Action Statement Conflict of Interest Statement Dispute Disclosure Form Anti-Kickback Affidavit Bid Bond Prohibition against Contracting with Scrutinized Companies City of Sunny Isles Beach |ITB 24-06-02 Citywide Landscaping Services 2 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net LEGAL ADVERTISEMENT NOTICE TO BIDDER NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach is seeking sealed Bids for the following work as specified. Invitation to Bid No. 24-06-02 Citywide Landscaping Services The Bid Specifications for this Invitation to Bid are available from DemandStar by calling (800) 711-1712 or by accessing their website at www.demandstar.com. The Bid Specifications may also be examined at the City of Sunny Isles Beach – Office of the City Clerk. Bidders who obtain the Bid Specifications from sources other than DemandStar or the City of Sunny Isles Beach are cautioned that their Bid response package may be incomplete. Addenda will be posted and disseminated by DemandStar at least five days prior to the submittal date to all Bidders who are listed on the official list. The City may not accept incomplete Bids. Bidders shall submit all bid documents electronically through www.demandstar.com. A full instructional guide on how to submit documents will be included with this solicitation. Sealed Bids will be received on DemandStar no later than 11:00 AM, on August , 2024. Bids received after this time will not be considered. The City is under no obligation to return Bids. Timely submitted Bids will be opened publicly and read aloud at this time at the st Government Center, 1 floor conference room. The Bidder’s bid submission must be clearly marked: Bid No. ITB 24-06-02 Citywide Landscape Services OPENING DATE AND TIME: , AUGUST , 2024 AT 11:00 AM A virtual non-mandatory Pre-Bid meeting for all potential Bidders is scheduled for THURSDAY, JULY 11, 2024 at 11:00 AM. Join Zoom Meeting: https://us02web.zoom.us/j/81875785110 The City reserves the right to reject any or all Bids, with or without cause, to waive technical errors and informalities, and to accept the Bid, which best serves the interest of, and represents the best value to, the City in conformity with the criteria set forth in Section 62-8 of the Code of Ordinances of the City of Sunny Isles Beach. This bid is being solicited in accordance with the Procurement Requirements for Federal grants, as provided for in Title 2 Code of Federal Regulations (CFR) Part 200 as detailed in EXHIBIT A. Potential and actual proposers shall not solicit or otherwise communicate in any manner whatsoever, directly or indirectly, with the City Commission, City Manager, evaluation committee members, or City staff, other than Purchasing Division personnel, regarding this ITB from the time of the ITB initial release through the award. All questions regarding Invitation to Bid No. 24-06-02 shall be directed in writing to Purchasing by July 12, 2024 by 5:00 PM. Questions must be submitted via email to: Purchasing@sibfl.net. Pursuant to Florida Statutes 119.071, sealed bids, proposals or replies by an agency pursuant to a competitive solicitation are exempt from inspection until such time as the agency provides notice of an intended decision or until thirty (30) days after the opening of the bids, proposals, or final replies, whichever is earlier. Mauricio Betancur, CMC, City Clerk, City of Sunny Isles Beach City of Sunny Isles Beach |ITB 24-06-02 Citywide Landscaping Services 3 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net SECTION 1 INSTRUCTIONS TO BIDDER / GENERAL TERMS AND CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL BID COMMODITIES/SERVICES ISSUED BY THE CITY OF SUNNY ISLES BEACH. THE CITY OF SUNNY ISLES BEACH MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO BIDDERS OR IN THE BID SHEETS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITI0NS SHALL HAVE PRECEDENCE. BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS BID OR ITB SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER REGARDLESS OF ANY LANGUAGE IN BIDDER’S CONTRACT TO THE CONTRARY. 1.1 CLARIFICATION/EXPLANATION/QUESTIONS: package) receive the documents. It is the sole responsibility of the Bidder prior to the submission of any Any questions concerning the Bid Specifications or any Bid to check the above website or contact the Office of the required need for clarification must be made to City Clerk at (305) 792-1703 to verify any addenda issued. The receipt of all addenda must be acknowledged on the Purchasing@sibfl.net. Such requests for clarification/explanation or questions must be made in Bid Response Sheet. writing to Mauricio Betancur, CMC, City Clerk, at least five (5) business days prior to the date of the Bid opening. 1.5 SPECIAL ACCOMMODATIONS: Interpretations or clarifications considered necessary by the City will be issued by addenda and Any person requiring a special accommodation at a Pre-Bid posted/disseminated by DemandStar Conference or RFP/ITB/RFQ opening because of a disability (www.demandstar.com) to all parties listed on the official should call the Office of the City Clerk at (305) 792-1703 plan holders’ list as having received the Bid documents. at lease five (5) days prior to the Pre-Bid Conference or Only questions answered by written addenda shall be RFP/ITB/RFQ opening. If you are hearing or speech binding. Oral interpretations or clarifications shall be impaired, please contact the Office of the City Clerk by without legal effect. No plea of ignorance or delay or calling the City of Sunny Isles Beach using the Florida Relay required need of additional information shall exempt a Service which can be reached at 1(800) 955-8771 (TDD). Bidder from submitting their Bid on the required date and time as publicly noted. 1.6 PUBLIC ENTITY CRIMES STATEMENT: 1.2 PLAN HOLDER’S LIST: Pursuant to the provisions of paragraph (2) (a) of section 287.133, Florida statutes -"a person or affiliate who has As a convenience to Bidders, the City of Sunny Isles Beach been placed on the convicted Bidder list following a has made available via internet lists of all plan holders for conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public each Invitation to Bid, and request for qualifications. The information is available on-line at www.demandstar.com or entity, may not submit a Bid on a contract with a public by calling the Office of the City Clerk at (305) 792-1703. entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property 1.3 INTENTION OF THE CITY: to a public entity, may not be awarded to perform work as a Contractor, supplier, sub-Contractor, or consultant under It is the intention of the City to describe in the ITB the a contract with any public entity, and may not transact Work to be completed in accordance with all codes and business with any public entity in excess of the threshold amount provided in section 287.107, for category two for regulations governing all the Work to be performed under a period of 36 months from the date of being placed on this Contract. Any work, labor, materials and/or equipment that may reasonably be inferred from the Contract as being the convicted Bidder list”. required to produce the intended results must be supplied by Contractor whether or not specifically called for in the 1.7 BID DEADLINE: Contract Documents. Where words, which have well- known technical or trade meanings are used to describe Bids must be submitted no later than the time and date Work, materials or equipment, such words will be shown within this document. interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical 1.8 SEALED BID: society, organization or association, or to the laws or regulations of any governmental authority, whether such The entire Bid Response Package shall be placed in an reference be specific or by implication, will mean the latest opaque envelope (with all items listed on the Bid checklist standard specification, manual, code or laws or regulations form and all other items required within this Invitation to in effect at the time of opening of Bids and Contractor must Bid must be executed) and submitted in a sealed envelope. comply therewith. City will have no duties other than those duties expressly set forth within the Contract Documents. 1.9 BID EXECUTION, SIGNATURES, ERASURE/CORRECTION: 1.4 ADDENDA TO SPECIFICATIONS: All Bids shall be signed in blue ink. All price quotes shall be typewritten or printed with ink. All corrections made by If any addenda are issued after the initial specifications are released, the City will post and disseminate the addenda the bidders prior to the opening must be initialed and dated through DemandStar. For those projects with separate by the bidders. No changes or corrections will be allowed plans, blueprints, or other materials that cannot be after Bids are opened. Bids must contain an original, manual signature by an officer or employee having accessed through the internet, the Office of the City Clerk authority to bind the company or firm. will make good faith effort to ensure that all registered bidders (those who have been registered as receiving a Bid City of Sunny Isles Beach |ITB 24-06-02 Citywide Landscaping Services 4 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 1.10PREPARATION OF BID:1.13.6 The submission of a Bid shall constitute an The Bid Form contains multiple line items and the Bidder incontrovertible representation by Bidder that must provide prices for all line items and must provide for Bidder has complied with the above the total Bid amount. Failure to include pricing on all line requirements and that without exception, the items as well as the total Bid Amount will result in the Bid Bid is premised upon performing and furnishing being found non-responsive. the Work required by the solicitation and that the solicitation documents are sufficient in Bidder must use the blank forms provided herein. The Bid scope and detail to indicate and convey must be signed and acknowledged by the Bidder in understanding of all terms and conditions for accordance with the directions on the ITB. Failure to utilize performance and furnishing of the Work. the City’s forms, or fully complete the required forms may result in determination that the Bid is non-responsive. 1.14 WITHDRAWAL OF BIDS: A Bid will be considered non-responsive if it is conditioned Bidders may withdraw Bids only by written request and on modifications, changes, or revisions to the terms and shall forward the withdrawal request via “Certified U.S. Mail conditions of the ITB. – Return Receipt Requested” prior to the Bid opening time. Negligence on the part of the Bidders in preparing the Bid The Bid prices are to include the furnishing of all labor, confers no right for the withdrawal of the Bid after it has materials, equipment, all overhead/indirect expenses and been opened. profit, necessary for the completion of the Work, except as may be otherwise expressly provided in the Contract 1.15 BID OPENING: Documents. Bids will be opened publicly at the time and place stated in Joint venture firms or teaming agreements will not be the Notice to Bidder. It is the responsibility of the bidders considered for award under this ITB. to insure that the Bid reaches the Office of the City Clerk on or before the closing hour and date stated on the 1.11 BID PREPARATION COSTS AND RELATED COSTS: Invitation to Bid. After the Bid opening, the contents of the Bid Form will be made public for the information of All cost involved with the preparation and submission of a Bidders and other interested parties who may be present Bid to the City or any work performed in connection either in person or by representative. Bids that are therewith is the sole responsibility of the Bidder(s). No received after the Bid opening time will not be considered payment will be made for any Bid received, or for any other and will not be returned. effort required of or made by the Bidder prior to commencement of Work as defined by any contract duly 1.16 EVALUATION OF BIDS: approved by the City Commission or City Manager. The City will bear no responsibility for any cost associated with The City, at its sole discretion, reserves the right to inspect any judicial proceedings resulting from the ITB process. any/all Bidders facilities to determine their capability of meeting the requirements for the Contract. Also, price, responsibility, and responsiveness of the Bidders, the 1.12 QUALIFICATION OF BIDDERS: financial position, experience, staffing, equipment, materials, references, and past history of service to the City Bidder, by virtue of submitting its Bid, certifies that it is and/or with other units of state, and/or local governments qualified and capable of performing the Work required in Florida, or comparable private entities, will be taken into under the Contract. To qualify for award, Bidder must consideration in the Award of the Contract. meet the minimum qualification requirements stated in Section 1. Bidders must submit a completed Questionnaire 1.16.1 Hold Harmless: All Bidder’s shall hold the City, Form utilizing the form included in Section 7 of the ITB. its officials and employees harmless and Failure to complete and submit this form or to meet the covenant not to sue the City, it's officials and minimum qualifications will result in the Bid being deemed employees in reference to their decisions to non-responsive. The City may at its sole discretion allow a reject, award, or not award a Bid, as Bidder to amend an incomplete Questionnaire during the applicable. evaluation process provided that the Bidder has included 1.16.2 Cancellation: Failure on the part of the Bidders the Questionnaire in its Bid. to comply with the conditions, specifications, requirements, and terms as determined by the 1.13EXAMINATION OF SOLICITATION DOCUMENTS City, shall be just cause for cancellation of the AND SITE: Award. 1.16.3 Disputes: If any dispute concerning a question It is the responsibility of each Bidder, before submitting a of fact arises under the Contract, other than Bid, to: termination for default or convenience, the Contractor and the City department 1.13.1 Examine the solicitation thoroughly. responsible for the administration of the 1.13.2 Visit the site or structure, as applicable, to Contract shall make a good faith effort to become familiar with conditions that may affect resolve the dispute. If the dispute cannot be costs, progress, performance or furnishing of resolved by agreement, then the department the Work. with the advice of the City Attorney shall 1.13.3 Take into account federal, state, and local (City resolve the dispute and send a written copy of and Miami-Dade County) laws, regulations, its decision to the Contractor, which shall be permits, and ordinances that may affect costs, binding on both parties. progress, performance, furnishing of the Work, or award. 1.17 COLLUSION: 1.13.4 Study and carefully correlate Bidder’s observations with the solicitation. Where two (2) or more related parties each submit a bid 1.13.5 Notify the City Clerk of all conflicts, errors or or bids for any contract, such bids or bids shall be discrepancies in the solicitation of which Bidder presumed to be collusive. The foregoing presumption may knows or reasonably should have known. be rebutted by presentation of evidence as to the extent City of Sunny Isles Beach| ITB 24-06-02 Citywide Landscape Maintenance Services 5 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net of ownership, control and management of such related days of Bidders receipt of the “Notice to Proceed”, unless parties in the preparation and submittal of such bid or bids. schedule indicates a different time. If samples are "Related parties" means bidders or the principals thereof requested subsequent to the Bid opening, they should be delivered within ten (10) calendar days of the request. The which have a direct or indirect ownership interest in another bidder for the same contract, or in which a parent City will not be responsible for returning samples. company or the principals thereof of one (1) bidder have a direct or indirect ownership interest in another bidder for 1.23 QUANTITY GUARANTY: the same contract. Bid or bids found to be collusive shall be rejected. Bidders who have been found to have No guaranty or warranty is given or implied by the City as engaged in collusion may also be suspended or debarred, to the total amount that may or may not be purchased from and any contract resulting from collusive bidding may be any resulting Contract or Award. These quantities are for terminated for cause. Bid purposes only and will be used for tabulation and presentation of the Bid. The City reserves the right to 1.18 AGREEMENT: increase or decrease quantities as required, even significantly. The prices offered herein and the percentage After the Bid award, the City will, at its option, prepare an rate of discount applies to other representative items not Agreement specifying the terms and conditions resulting listed in this Bid. from the award of this Bid. The Bidder will have ten (10) calendar days after notification of the award by the City to 1.24 GOVERNMENTAL RESTRICTIONS ON MATERIALS: execute the Agreement and provide the required Performance Bond. In the event any governmental restrictions may be imposed which would necessitate alteration of the material The Bidders who has the Contract awarded to them and quality, workmanship, or performance of the items offered who fails to execute the Agreement and furnish the on this Bid prior to their delivery, it shall be the Performance Bond and Insurance Certificates within the responsibility of the successful Bidders to notify the City at specified time shall forfeit the Bid Security that once, indicating in their letter the specific regulation which required an alteration. The City of Sunny Isles Beach accompanied their Bid, and the Bid Security shall be retained as liquidated damages by the City, and it is agreed reserves the right to accept any such alteration, including that this sum is a fair estimate of the amount of damages any price adjustments occasioned thereby, or to cancel at the City will sustain in case the Bidders fails to enter into no further expense to the City. the Contract and furnish the Bonds as herein before provided. Bid Security deposited in the form of a cashier’s 1.25 SAFETY STANDARDS: check drawn on a local bank in good standing shall be subject to the same requirements as a Bid Bond. The Bidders warrants that the product(s) supplied to the City conforms in all respects to the standards set forth in The performance of the City of Sunny Isles Beach of any the occupational safety and health act (OSHA) and its amendments. Bids must be accompanied by a materials of its obligations under the agreement shall be subject to and contingent upon the availability of funds lawfully data safety sheet (MSDS) when applicable. expendable for the purposes of the agreement for the current and any future periods provided for within the Bid 1.26WARRANTIES: specifications. Successful Bidders shall act as agent for the City in the follow-up and compliance of all items under 1.19 PAYMENTS: Warranty/Guaranty and complete all forms for Payment will be made after commodities/services have Warranty/Guarantee coverage under this Contract. been received, accepted, and properly invoiced as 1.27 COPYRIGHTS/PATENT RIGHTS: indicated in the contract and/or work order. Invoices must bear the work order number. Bidders warrants that there has been no violation of 1.20 BRAND NAMES: copyrights or patent rights in manufacturing, producing or selling of goods shipped or ordered, as a result of this Bid. If a brand name, make, of any "or equal" manufacturer The seller agrees to indemnify City from any and all trade name, or Bidder catalog is mentioned whether or not liability, loss, or expense occasioned by any such violation. followed by the words "approved equal" it is for the purpose of establishing a grade or quality of material only. 1.28LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE Bidder may offer equals with appropriate identification, REGISTRATION): samples, and/or specifications on such item(s). The City shall be the sole judge concerning the merits of items Bid The contractor shall be responsible for obtaining and as equals. maintaining throughout the contract period his or her city and county local business tax receipts. Each Bidder 1.21 MATERIAL: submitting a Bid on this Invitation to Bid shall include a copy of the company’s local business tax/occupational Material(s) delivered to the City under this Bid shall remain license(s) with the Bid response. For information specific the property of the seller until accepted to the satisfaction to City of Sunny Isles Beach local business tax/occupational of the City. In the event materials supplied to City are licenses, please call Code Enforcement & Licensing at (305) found to be defective or do not conform to specifications, 792-1705. If the contractor is operating under a fictitious the City reserves the right to return the product(s) to the name as defined in Section 865.059, Florida Statutes, proof seller at the seller’s expense. of current registration with the Florida Secretary of State shall be submitted with the Bid. A business formed by an 1.22 SAMPLES: attorney actively licensed to practice law in this state, by a person actively licensed by the Department of Business and Samples of items, when required, must be furnished by the Professional Regulations or the Department of Health for Bidders free of charge to the City. Each individual sample the purpose of practicing his or her licensed profession, or must be labeled with the Bidders name and manufacturer's by any corporation, partnership, or other commercial entity brand name and delivered by them within ten (10) calendar that is actively organized or registered with the City of Sunny Isles Beach| ITB 24-06-02 Citywide Landscape Maintenance Services 6 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net Department of State shall submit a copy of the current change and City shall have the right to terminate the licensing from the appropriate agency and/or proof of contract upon thirty (30) days written notice, at City’s sole current active status with the Division of Corporations of discretion. the State of Florida. 1.32 HOLD HARMLESS/INDEMNIFICATION: 1.29 LIABILITY, INSURANCE, PERMITS AND LICENSES: The Contractor shall indemnify, hold harmless, and defend Bidders shall assume the full duty, obligation, and expense the City of Sunny Isles Beach, it's officers, agents and of obtaining all necessary licenses, permits, inspections, employees from and against any claims, demands or and insurance required. The Bidders shall be liable for any causes of action of whatsoever kind or nature arising out damages or loss to the City occasioned by negligence of of error, omission, negligent act, conduct, or misconduct the Bidders (or their agent) or any person the Bidders has of the Contractor, their agents, servants or employees in designated in the completion of their contract as a result the provision of goods or the performance of services of the Bid. Contractor shall be required to furnish a copy pursuant to this Bid and / or from any procurement of all licenses, certificates of competency or other licensor decision of the City including without limitation, awarding requirements necessary to practice their profession as the Contract to the Contractor. required by Florida State Statute, Miami-Dade County, and City of Sunny Isles Beach Code. Contractors shall include 1.33 GRATUITIES: current Miami-Dade County Certificates of Competency. These documents shall be furnished to the City along with Bidders shall not offer any gratuities, favors, or anything of the Bid response. Failure to furnish these documents or to monetary value to any official, contractor, or agent of the have required licensor will be grounds for rejecting the Bid. City, for the purpose of influencing consideration of this Bid. 1.30 CERTIFICATE(S) OF INSURANCE: 1.34 NON-CONFORMANCE TO CONTRACT: Bidders shall furnish to the Office of the City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles The City of Sunny Isles Beach may withhold acceptance of, or reject items which are found upon examination, not to Beach, Florida 33160, certificate(s) of insurance which indicate that insurance coverage has been obtained from meet the specification requirements. Upon written an insurance company authorized to do business in the notification of rejection, items shall be removed within (5) State of Florida or otherwise secured in a manner calendar days by the Bidder at their own expense and redelivered at their expense. Rejected goods left longer satisfactory to the City, for those coverage types and amounts listed in this document, in an amount equal to than thirty (30) calendar days will be regarded as 100% of the requirements and shall be presented to the abandoned and the City shall have the right to dispose of City prior to issuance of any Contract(s) or Award(s) them as its own property. Rejection for non-conformance Document(s). The City of Sunny Isles Beach shall be or failure to meet delivery schedules may result in the Contractor being found in default. named as "additional insured" with respect to this coverage. The required certificates of insurance shall not only name the types of policies provided, but shall also 1.35 DEFAULT PROVISION: refer specifically to this Bid and section. At the time of Bid submission the Bidders must submit certificates of In case of default by the Bidders, the City of Sunny Isles insurance as outlined in the General Conditions section. All Beach may procure the articles or services from other required insurances shall name the City of Sunny Isles sources and hold the Bidders responsible for any excess Beach as additional insured and such insurance shall be costs occasioned or incurred thereby. issued by companies authorized to issue insurance in the State of Florida. It shall be the responsibility of the Bidders 1.36 SECONDARY/OTHER BIDDERS: and insurer to notify the City Manager of the City of Sunny Isles Beach of cancellation, lapse, or material modification The City reserves the right in the event the primary Bidder of any insurance policies insuring the Bidders, which relate cannot provide an item(s) or service(s) in a timely manner to the activities of such Bidder and the City of Sunny Isles as requested, to seek other sources without violating the Beach. Such notification shall be in writing, and shall be intent of the Contract. submitted to the City finance support service director thirty (30) days prior to cancellation of such policies. This 1.37 DEFINITIONS: requirement shall be reflected on the certificate of insurance. Failure to fully and satisfactorily comply with Wherever used in these General Conditions or in the the city's insurance and bonding requirements set forth other Contract Documents, the following terms shall have herein will authorize the City Manager to implement a the meaning indicated which shall be applicable to both rescission of the Bid award without further City the singular and plural thereof: Commission action. The Bidders hereby holds the City harmless and agrees to indemnify City and covenants not Acceptance: Acceptance by the City of the Work to sue the City by virtue of such rescission. as being fully complete in accordance with the Contract 1.31 ASSIGNMENT: Documents subject to waiver of claims. The Contractor shall not transfer or assign the performance required by this Bid without prior written consent of the Agreement: The written Agreement between City Manager. Any award issued pursuant to the Invitation the City and the Contractor to Bid and monies which may be due hereunder are not covering the Work to be assignable except with prior written approval of the City performed, which includes the Manager. Further, in the event that the majority ownership Contract Documents. or control of the Contractor changes hands subsequent to the award of this contract, Contractor shall promptly notify Addenda: Written or graphic instruments City in writing (via United States Postal Service – Certified issued prior to the Bid Opening Mail, Return Receipt Requested) of such change in which modify or interpret the ownership or control at least thirty (30) days prior to such Contract Documents, Drawings and City of Sunny Isles Beach| ITB 24-06-02 Citywide Landscape Maintenance Services 7 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net Specifications, by addition, deletions, clarifications or Contracting Officer: The individual who is authorized to corrections. sign the contract documents on behalf of the City’s governing body. Approved: Means approved by the City. Contractor: The person, firm or corporation Basic Services: The offer of the Bidders submitted with whom the City has executed on the prescribed form setting forth this Agreement. the prices for the Work to be performed on a recurring basis.Day: A calendar day of twenty-four hours measured from midnight to Bid: The offer of the Bidders submitted the next midnight. on the prescribed form setting forth the prices for the Work to be Designee: A person(s) selected by the City performed. Manager to carry out a duty or role. Bid Form: The form that contains the goods Field Order: A written order issued by the City or services to be purchased and which clarifies or interprets the that must be completed and Contract Documents or orders submitted with the bid.minor changes in the Work. Bidder: Any person, firm or corporation or Modification: Modification means any one of the its duly authorized representative following: (a) a written tendering a Submittal in response amendment of the Contract to this solicitation. Documents signed by both parties, (b) a Change Order, (c) a written Bonds: Bid, performance bond and other clarification or interpretation if instruments of security, furnished issued by the City, or (d) a written by the Contractor and their surety order for minor change or in accordance with the Contract alteration in the Work issued by the Documents and in accordance with City. A modification may only be the law of the State of Florida. issued after execution of the Agreement. Change Order: A written order to the Contractor Non-Compliant signed by the City authorizing an Work: Work performed by the Contractor addition, deletion or revision in the that has been determined through Work, or an adjustment in the City inspection to not meet the Contract Price or the Contract Time Performance Standards. issued after execution of the Agreement. Notice of Award: The written notice by City to the apparent successful Bidders stating City: City of Sunny Isles Beach, 18070 that upon compliance with the Collins Avenue, Sunny Isles Beach, conditions precedent to be fulfilled Florida 33160. by him within the time specified, City will execute and deliver the Agreement to him. Consultant: A firm that has entered into a separate agreement with the City Notice to Proceed: The written letter or directive for the provision of professional issued by the City Manager or services. designee acknowledging that all conditions precedent to award have been met and directing that Contract the Contractor may begin Work. Documents: Contract Documents shall include, Instructions to Bidders, Performance Contractor's Bid, the Bonds, the Standards: The desired results established for Notice of Award, the Agreement each type of Work described in the between the City and Contractor as ITB, necessary to be deemed well as any addenda thereto, these Satisfactory. General Conditions, Special Conditions, the Technical Project: A task or series of tasks that the Specifications, Drawings and Contractor must complete in Modifications, Notice to Proceed, accordance with the Contract Invitation to Bid, Insurance Documents. Certificates, Change Orders and Acknowledgment of Conformance Project Manager: The individual(s) assigned by the with the City of Sunny Isles Beach. City Manager or designee to manage the project. Contract Price: The total monies payable to the Contractor under the Contract Documents. Quality Assurance: Those actions taken by the City to assure Services meet the Contract Time: The number of calendar days Satisfactory Performance stated in the Agreement for the Standards established by the completion of the Work. Contract Documents. City of Sunny Isles Beach| ITB 24-06-02 Citywide Landscape Maintenance Services 8 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net Work: Work performed by the Contractor Quality Control: Those actions taken by the that has been determined through Contractor to ensure the City inspection to not meet the Contractor’s performance meets Performance Standards. the Performance Standards. Work: Any and all obligations, duties and Re-Work: Corrective Work performed by the responsibilities necessary to the Contractor, at no cost to the City, successful completion of the to meet the Performance Project assigned to or undertaken Standards. by Contractor under the Contract Documents, including all labor, Responsive Bidder: The Bidder whose Bid conforms in materials, equipment and other all material respects to the terms incidentals, and the furnishing and conditions included in the ITB. thereof. Responsible Bidder: The Bidder who has the capability Work Order: A document issued by the City in all respects to perform in full the awarding Additional Services to a contract requirements, as stated in Contractor. the ITB, and the integrity and reliability that will assure good faith Written Notice: The term “Notice” as used herein performance. shall mean and include all written notices, demands, instructions, Samples: Physical examples which illustrate claims, approvals and disapprovals materials, equipment or required to obtain compliance with workmanship and establish Contract requirements. Written standards by which the Work will notice shall be deemed to have be judged. been duly served if delivered in person to the individual or to a Satisfactory: Work performed by the Contractor member of the firm or to an officer that has been determined through of the corporation for whom it is City inspection to meet the intended, or to an authorized Performance Standards. representative or such individual, firm, or corporation, or if delivered Site(s): The location(s) where Work is to be at or sent by registered mail to the performed under this Contract. last business address known to them who gives the notice. Unless Specifications: Those portions of the Contract otherwise stated in writing, any Documents consisting of written notice to or demand upon the City technical descriptions of materials, under this Contract shall be equipment, construction systems, delivered to the City. standards and workmanship as applied to the Work. 1.38 BID AWARD: Subcontractor: A person, firm, or corporation The City anticipates awarding one or more contracts to the having a direct Contract with lowest responsive and responsible Bidder(s) that is in the Contractor, including one who best interest of the City. The City reserves the right to reject any and all Bids, with or without cause, to waive furnishes material, equipment or services necessary to perform the technical errors and informalities, or to cancel or re-issue Work. this solicitation at its sole discretion. The City also reserves Supplemental the right to reject the Bid of any Bidder who has failed to Services: Those services that are performed previously perform under a contract, is in arrears to the City, is involved in an on-going bankruptcy as a debtor, or on a periodic basis (on demand) for which the Contractor receives in a reorganization, liquidation, or dissolution proceeding. compensation on the prescribed The City reserves the right to reject any Bid where the line form setting forth the prices for the item pricing is determined to be unbalanced. Such Work being performed. determination will be made at the sole discretion of the City. An unbalanced Bid price, which will be determined at Supplier: Any person or organization who the sole discretion of the City, includes, but is not limited supplies materials or equipment for to, pricing that is not consistent with pricing in the industry the Work, including that fabricated or with market conditions and a comparison to the pricing submitted by other Bidders. An unbalanced Bid typically to a special design, but who does not perform labor at the site. occurs where the prices for one or more line items are too low a price to cover the actual cost to perform the Work Turf: Grass or other vegetation (including overhead and profit) or too high a price where considered desirable for the excessive profit will occur. Bids shall be awarded by the City after the City performs all necessary searches, particular park or right-of-way. inquiries, exploration, and analysis of the Bids. The City Unbalanced Bid: Pricing that is not consistent with may require demonstration of competency and, at its sole pricing in the industry or with discretion, conduct site visit(s) and inspections of the market conditions and a Bidder’s place of business, require the Bidder to furnish comparison to the pricing documentation or require the Bidder to attend a meeting submitted by other Bidders. to determine the Bidder’s qualifications and ability to meet the terms and conditions of this Contract. The Bid shall be Unsatisfactory awarded to the lowest responsible and responsive bidder whose Bid best serves the interests of and represents the City of Sunny Isles Beach| ITB 24-06-02 Citywide Landscape Maintenance Services 9 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net best value to the City in conformity with the criteria set hold harmless the City and their agents or employees from forth in Section 62-8 of the City Code. No Notice of Award and against all claims, damages, losses and expenses will be given until the City has concluded any including attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claim investigation(s) as they deem necessary to establish the Bidder’s capability to perform the Services as described in damage, loss or expense (a) is attributable to bodily injury, this ITB, RFQ or ITQ, as substantiated by the required sickness, disease or death, or to injury to or destruction of professional experience, client references, technical tangible property (other than Work itself) including the loss knowledge and qualifications; and sufficient labor and of use resulting wherefrom and (b) is caused in whole or in part by any negligent act or omission of the Contractor, equipment to comply with the City’s established standards, as well as the financial capability of the Bidder to perform Sub-Contractor, anyone directly or indirectly employed by the Work in accordance with the Contract Documents to any of them or anyone for whose acts any of them may be the satisfaction of the City within the time prescribed. The liable, regardless of whether or not it is caused by a party indemnified hereunder. In the event that a court of City reserves the right to reject the Bid of any Bidders on competent jurisdiction determines that Sec. 725.06 (2), the basis of these queries and investigations and who does not meet the City’s satisfaction, even though the firm may F.S. is applicable to this Work, then in lieu of the above be the lowest dollars and cents Bid. In analyzing Bids, the provisions of this section the parties agree that Contractor City will also take into consideration client references, past shall indemnify, defend and hold harmless the City, their officers and employees, to the fullest extent authorized by work experience and work product, proven ability to Sec. 725.06 (2) F.S., which statutory provisions shall be satisfactorily perform. If the Contract is awarded, the City will issue the Notice of Award and give the successful deemed to be incorporated herein by reference as if fully Bidders a Contract for execution within ninety (90) days set forth herein. In the event that any action or proceeding after opening of Bids. The City specifically reserves the is brought against City by reason of any such claim or demand, Contractor, upon written notice from City shall right to award the contract to a Bidder who is not defend such action or proceeding by counsel satisfactory necessarily the lowest dollars and cents bidders on the basis of the results of these queries and investigation(s). to City. The indemnification provided above shall obligate Contractor to defend at its own expense or to provide for 1.39 EXECUTION OF AGREEMENT: such defense, at City’s option, any and all claims of liability and all suits and actions of every name and description that may be brought against City, excluding only those which At least four counterparts of the Agreement, the Performance Bond, the Certificates of Insurance and such allege that the injuries arose out of the sole negligence of other Documents as required by the Contract Documents City, which may result from the operations and activities shall be executed and delivered by Contractor to the City under this Contract whether the Work be performed by Contractor, its Sub-Contractors, or by anyone directly or within ten (10) calendar days of receipt of the Notice of indirectly employed by either. Award. 1.40 LAWS AND REGULATIONS: 1.43 DECISIONS ON DISAGREEMENTS: The Contractor will give all notices and comply with all The City will be the initial interpreter of the Performance laws, ordinances, rules and regulations applicable to the Standards and Technical Specifications. Work. If the Contractor observes that the Specifications are at variance therewith, they will give the City prompt 1.44 CITY MAY TERMINATE: written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the Contractor If the Contractor is adjudged bankrupt or insolvent, or if performs any Work knowing it to be contrary to such laws, they make a general assignment for the benefit of their ordinances, rules and regulations, and without such notice creditors, or if a trustee or receiver is appointed for the to the City, they will bear all costs arising wherefrom. Contractor or for any of their property, or if they file a Where portions of the Work traverse or cross federal, state, petition to take advantage of any debtor’s act, or to county or local highways, roads, streets, or waterways, and reorganize under bankruptcy or similar laws, or if they the agency in control of such property has established repeatedly fails to supply sufficient skilled workmen or standard specifications, the most stringent specifications, suitable materials or equipment, or if they repeatedly fail rules and regulations will apply. to make prompt payments to Sub-Contractors or for labor, materials or equipment or they disregard laws, ordinances, 1.41 TAXES: rules, regulations or orders of any public body having jurisdiction, or if they disregard the authority of the City, The City of Sunny Isles Beach is exempt from sales tax of if they otherwise violate any provision of, the Contract imposed by the State and/or Federal Government. Florida Documents, then the City may, without prejudice to any Sales Tax Exemption No. 23-00-477131-54C appears on other right or remedy and after giving the Contractor and each work order. Exemption certificates are available upon the surety ten (10) days written notice, terminate the request. services of the Contractor and take possession of the Project and of all materials, equipment, tools, construction 1.42 DUTY TO DEFEND, INDEMNIFY AND SAVE equipment and machinery thereon owned by the HARMLESS: Contractor, and finish the Work by whatever method they may deem expedient. In such case the Contractor shall In consideration of the separate sum of twenty-five dollars not be entitled to receive any further payment until the ($25.00) and other valuable consideration, the Contractor Work is finished. If the unpaid balance of the Contract shall defend, indemnify and hold harmless the City, its Price exceeds the direct and indirect costs of completing officers, agents and employees, from or on account of any the Project, including compensation for additional injuries or damages, received or sustained by any person professional services, such excess shall be paid to the or persons during or on account of any operations Contractor. If such costs exceed such unpaid balance, the connected with the Work described in the Contract Contractor will pay the difference to the City. Such costs Documents, or by or in consequence of any negligence in incurred by the City will be determined by the City and connection with the same; or by use of any improper incorporated in a Change Order. If after termination of the materials or by or on account of any act or omission of the Contractor under this Section, it is determined by a court said Contractor or his Sub-Contractor, agents, servants or of competent jurisdiction for any reason that the employees. The Contractor will defend, indemnify and Contractor was not in default, the rights and obligations of City of Sunny Isles Beach| ITB 24-06-02 Citywide Landscape Maintenance Services 10 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net the City and the Contractor shall be the same as if the The Contract shall be construed in accordance with and termination had been issued pursuant to this document. governed by the law of the State of Florida. 1.48 VENUE: 1.44.1 Where the Contractor’s services have been so terminated by the City said termination shall not affect any rights of the City against the Venue of any action to enforce the Contract Documents Contractor then existing or which may shall be in Miami-Dade County, Florida. thereafter accrue. Any retention or payment of moneys by the City due the Contractor will not 1.49 PROJECT RECORDS: release the Contractor from liability. City shall have right to inspect and copy during regular 1.44.2 Upon ten (10) days written notice to the business hours at City’s expense, the books and records Contractor, the City may, without cause and and accounts of Contractor which relate in any way to the without prejudice to any other right or remedy, Project, and to any claim for additional compensation made elect to terminate the Agreement. In such by Contractor, and to conduct an audit of the financial and case, the Contractor shall be paid for all Work accounting records of Contractor which relate to the executed and accepted by the City as of the Project. Contractor shall retain and make available to City date of the termination. No payment shall be all such books and records and accounts, financial or made for profit for Work which has not been otherwise, which relate to the Project and to any claim for performed.a period of three years following final completion of the Project. During the Project and the three year period 1.45 MISCELLANEOUS: following final completion of the Project, Contractor shall provide City access to its books and records upon five days Bidders acknowledge the following miscellaneous written notice. conditions: 1.50 SEVERABILITY: 1.45.1 Whenever any provision of the Contract Documents requires the giving of written notice If any provision of the Contract or the application thereof it shall be deemed to have been validly given if to any person or situation shall to any extent, be held delivered in person to the individual or to a invalid or unenforceable, the remainder of the Contract, member of the firm or to an officer of the and the application of such provisions to persons or corporation for whom it is intended, or if situations other than those as to which it shall have been delivered at or sent by registered or certified held invalid or unenforceable shall not be affected thereby, mail, postage prepaid, to the last business and shall continue in full force and effect, and be enforced address known to them who gives the notice. to the fullest extent permitted by law. 1.45.2 The Contract Documents shall remain the 1.51 INDEPENDENT CONTRACTOR: property of the City. The Contractor shall have the right to keep one record set of the Contract The Contractor is an independent Contractor under the Documents upon completion of the Project. Contract. Services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents 1.45.3 The duties and obligations imposed by these General Conditions, Special Conditions and of the City. Personnel policies, tax responsibilities, social Supplemental Conditions and the rights and security and health insurance, employee benefits, remedies available hereunder, and, in purchasing policies and other similar administrative particular but without limitation, the procedures, applicable to services rendered under the Contract shall be those of the Contractor. warranties, guarantees and obligations imposed upon Contractor and those in the Special Conditions and the rights and remedies 1.52 SUBCONTRACTORS: available to the City, shall be in addition to, and shall not be construed in any way as a No Subcontracting or use of a temporary labor force is permitted for this Contract, without the city’s written limitation of, any rights and remedies available by law, by special guarantee or by other acknowledgement. No more than 30% of the scope of provisions of the Contract Documents. work should be sub-contracted out. The City may permit subcontracting for specialized landscape maintenance 1.45.4 Should the City or the Contractor suffer injury services that are not within the basic scope of services for or damage to its person or property because of this Contract. In said special circumstances, the Contractor any error, omission, or act of the other or of must obtain the prior written approval of the City before any of their employees or agents or others for subcontracting any portion of specialized grounds whose acts they are legally liable, claim shall maintenance work. be made in writing to the other party within a reasonable time of the first observance of such 1.53 CONSULTANT SERVICES: injury or damage. The City, at its sole discretion may hire a Consultant who 1.46 WAIVER OF JURY TRIAL: may serve the City’s representative for the Project. Where a Consultant has been identified, the Consultant and the Project Manager will both have authority to act on behalf City and Contractor knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by of the City to the extent provided in the Contract jury in State or Federal Court proceedings in respect to any Documents and as outlined in Article 1.54, Authority of the action, proceeding, lawsuit or counterclaim based upon the Project Manager, where such authority has been delegated in writing by City Manager. Contract Documents or the performance of the Work there under. 1.54 AUTHORITY OF THE PROJECT MANAGER(S): 1.47 GOVERNING LAW: City of Sunny Isles Beach| ITB 24-06-02 Citywide Landscape Maintenance Services 11 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net The City Manager hereby authorizes the Project Compliance with any specific severe weather event or alert Manager(s) to determine, all questions of any nature precautions will not constitute additional work. In the whatsoever arising out of, under or in connection with, or event of a severe weather event, the City must be a priority client to the Contractor. At a minimum, Contractor must in any way relating to or on account of the Work, and questions as to the interpretation of the Work to be respond to the City’s request in accordance with its performed under the Contract Documents. The Project Emergency Response Plan under Article 2.34. Manager may delegate some of the authority contained in the Article to the Consultant. 1.56 TIME FOR COMPLETION: The Contractor is bound by all determinations or orders of Time is of the essence with regard to completion of the the Project Manager(s) and must promptly respond to Work to be performed under the Contract. Contractor will requests of the Project Manager(s), including the promptly perform its duties under the Contract and will give the Work as much priority as is necessary to cause the withdrawal or modification of any previous order, and regardless of whether the Contractor agrees with the Work to be completed on a timely basis. Project Manager’s determination or requests. Where requests are made orally, the Project Manager(s) will follow Delays and extensions of time may be allowed only in up in writing, as soon thereafter is practicable. accordance with the provisions of the Contract. The time allowed for completion of the work will be stated in the Bid. The Project Manager(s) and Consultant have authority to act on behalf of the City to the extent provided by the 1.57 PROHIBITION AGAINST CONTRACTING WITH Contract, unless otherwise modified in writing by the City. SCRUTINIZED COMPANIES: All instructions to the Contractor will be issued through the City Manager or designee or the Project Manager. Pursuant to Florida Statutes Section 287.135, and subject to limited exceptions contained therein, a company is The Project Manager(s) will not be responsible for ineligible to, and may not, bid on, submit a proposal for, or construction means, methods, techniques, sequences or enter into or renew a contract with an agency or local procedures, or for safety precautions and programs in governmental entity for goods or services if at the time of connection with the Work, and will not be responsible for bidding, submitting a proposal for, or entering into or the Contractor’s failure to carry out the Work in accordance renewing a contract, the company is on the Scrutinized with the Contract Documents. Companies that Boycott Israel List or is engaged in the boycott of Israel. Contractors must certify that the company is not participating in a boycott of Israel. Any All interpretations and recommendations of the Project Manager(s) and Consultant will be consistent with the contract for goods or services of One Million Dollars intent of the Contract Documents. ($1,000,000) or more shall be terminated at the City’s option if it is discovered that the company submitted a false Interpretation of the Contract terms and conditions will be certification, or at the time of bidding, submitting a issued by the City’s Procurement Manager. proposal for, or entering into or renewing a contract, is listed on the Scrutinized Companies with Activities in Sudan The Project Manager(s) and Consultant will have authority List, the Scrutinized Companies with Activities in the Iran to reject Work that does not conform to the Contract Terrorism Sectors List, created pursuant to Florida Statute Documents. Whenever, in their opinion, it is considered Section 215.473, or is or has been engaged in business necessary or advisable to ensure the proper completion of operations in Cuba or Syria, after July 1, 2018. Any Work the Project Manager or Consultant have authority to contract entered into or renewed after July 1, 2018 shall require special inspections or testing of the Work, whether be terminated at the City’s option if the company is listed or not such Work is fabricated, installed or completed. on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. The Project Manager’s authority to act under this paragraph, or any decision made in good faith either to 1.58 Prohibition Against Considering Social, Political or exercise or not to exercise such authority, give rise to any Ideological Interests In Government duty or responsibility of the Project Manager to the Contracting Contractor, any subcontractor, supplier or any of their Bidders are hereby notified of the provisions of section agents, employees, or any other person performing any of 287.05701, Florida Statutes, as amended, that the City will the Work. not request documentation of or consider a Bidder's social, The Project Manager is not responsible for the acts or political, or ideological interests when determining if the omissions of the Contractor, any Subcontractor, or any of Bidder is a responsible Bidder. Bidders are further notified that the City's governing body may not give preference to their agents or employees, or any other persons performing any of the Work. a Bidder based on the Bidder's social, political, or ideological interests. 1.55 HURRICANE PREPAREDNESS: 1.59 SEC. 787.06, FLA.STAT. HUMAN TRAFFICKING During such time as are designated by the United States Weather Bureau or Miami-Dade County as being a severe Provides that whenever a contract is executed, renewed, weather event, including a hurricane or tropical watch or or extended between a nongovernmental entity and a warning, the Contractor, at no cost to the City, must take governmental entity, the vendor must provide the all precautions necessary to secure any Work in response governmental entity with an affidavit signed by an officer o all threatened storm events, regardless of whether the or a representative of the vendor under penalty of perjury Contractor has been given notice of same, in accordance attesting that the vendor does not use coercion for labor with the Miami-Dade County Code. or services considered to be human trafficking. End of Section City of Sunny Isles Beach| ITB 24-06-02 Citywide Landscape Maintenance Services 12 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net Section 2 Special Terms and Conditions 2.1 PURPOSE OF BID: The City of Sunny Isles Beach (the “City”) intends to secure the services of qualified, experienced and licensed contractor(s) (the “Contractor”) to provide citywide (Parks & Right-of-ways) Landscape Maintenance Services, in accordance with the terms, conditions and specifications contained in this Invitation to Bid (ITB). The awarded Contractor is expected to begin work on November 1, 2024. It is the intent of this bid document that all work shall result in compliance with the contract documents and all regulatory requirements applicable to such service. The Contractor shall provide all labor, materials, equipment, tools, qualified and certified supervision, and other items and services both necessary and incidental to ensure that the Landscape Maintenance Services are performed in a manner that will maintain a healthy landscape and present a neat, clean, and professional appearance of all parks and recreational facilities areas, rights-of-way, bus shelter locations, parking lots, and government facilities. The Work shall include, but not be limited to, weeding, mowing, turf maintenance, edging, pruning, hedge trimming, raking, sweeping and vacuuming sidewalks, herbicide applications including preventive and corrective applications, fertilization and pest management services using Integrated Pest Management principles, irrigation system maintenance, monitoring and repair, maintaining and replacing, if necessary, any plants lost due to negligence of the Contractor, seasonal color replacement, removing graffiti on a daily basis, daily removal of all litter including dead animals, shopping cart removal and litter pick up seven days per week, or as defined by the City. The Contractor shall adhere to the City Noise Ordinance, and also the amendment stating Contractors cannot blow debris onto other people’s properties, referenced in Chapter 193. The City will award to the lowest responsive responsible bidder for services relating to disaster debris removal, in the event that the City’s primary and secondary debris removal contractor has defaulted and/or terminated. Disasters include natural events such as hurricanes, tornadoes, windstorms, floods, and fires, as well as man-made events or emergencies such as civil unrest and terrorist attacks. The Contractor may handle debris management activities in the City in accordance with applicable regulations of the Federal Emergency Management Agency (FEMA), Federal Highway Administration (FHWA), Florida Department of Transportation (FDOT), Florida Department of Health (FDH), Natural Resources Conservation Services (NRCS), South Florida Water Management District (SFWMD), and the Florida Department of Environmental Protection (FDEP). Primary Contractors shall be required to follow all applicable requirements of 2 C.F.R. 200.318 through 200.326 and FHWA-1273 – Federal-Aid Construction contracts in the execution of this Contract, and shall require and enforce similar compliance with all sub-contractors. The prospective participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 13 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 2.2 MINIMUM QUALIFICATION REQUIREMENTS (MQRS) This Bid contains Minimum Qualification Requirements (MQRs) which the Bidder must meet in order for the Bidder to be considered responsive. Please read the MQRs to ensure Bidder meets these requirements prior to submitting a response to this Bid. A. Prime and/or Sub-Contractor must be an FDOT Pre-qualified vendor under “Landscaping” work class in order to be considered for this project. To become and FDOT Pre-Qualified vendor firm must register by utilizing the link below: Contracts Administration Prequalification Information (fdot.gov) B. The Prime contractor and/or staff must be licensed with a minimum of the following FDOT TTC certification: one (1) Advanced Certification, 1 Intermediate Certification, and 2 Flagger Certification. Provide name of FDOT MOT certificate holder. C. The Prime contractor and/or staff must be licensed as an ISA and LIAF certified Arborist. Provide name of Certified Arborist and license number. D. The Prime bidder and/or staff must be a licensed Professional Mangrove Trimmer (PMT) with the State of Florida. E. The Prime bidder must submit a Miami-Dade County Landscaper Permit. Bidder must provide a copy of the applicable license(s) with Firm’s response. F. The Prime bidder must be a member, in good standing of the following organizations: Florida Nursery, Growers and Landscape Association (FNGLA) membership Florida Certified Landscape Contractor (FCLC) certification Tree Care Industry Association (TCIA) and/or International Society of Arboriculture (ISA) membership Irrigation Association (IA) Certified irrigation technician (CIT). F. The Proposing bidder must have been awarded a Prime Contract and successfully performed three (3) projects of similar or greater size, scope, and complexity to the specifications of the ITB within the last five (5) years. G. The Proposing Bidder shall provide reference letters for no less than three (3) contracts in which Contractor served as Prime Contractor for projects similar in size and scope. Please note that the references must be for the same projects in response to MQR “F” above. Bidder must provide a copy of the applicable license(s) with Firm’s response. 2.3 FEDERAL, LOCAL AND STATE REGULATIONS Bidder shall submit a copy of the following licenses and keep them current throughout the term of the Contract: State of Florida Commercial Pesticide Applicator License, ISA certified Arborist, Miami-Dade County Irrigation License, IA Irrigation Technician Certification, Dade County Occupational License; and current Local Business Tax Receipt. ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 14 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 2.4 NON-MANDATORY PRE-BID CONFERENCE A pre-bid conference is scheduled for the time and location shown in the Notice to Bidder, Thursday, July 11, 2024 at 11:00 AM Eastern Time (US and Canada). It is recommended that all Bidders attend the online pre-bid conference. No claim of ignorance by the Bidder of conditions that exist, or that may hereinafter exist as a result of failure to make the necessary examinations or investigations or failure to fulfill in every detail the requirements of the contract documents, will be accepted as basis for varying the requirements of the City of Sunny Isles Beach. Oral statements may not be relied upon and will not be binding or legally effective. As such an addendum will be issued if any alterations are made to the specifications contained herein. 2.5 TERM This contract will commence upon execution by both parties which shall be effective succeeding approval of the contract by the City Commission, or designee, unless otherwise stipulated in the Notice of Award letter; and contingent upon the completion and submittal of all required proposal documents. This contract shall remain in effect for an initial two (2) years, with the intent to commence on November 1, 2024; provided that the services rendered by the Bidder during the contract period are satisfactory. 2.5.1 Contract Extension: It is hereby agreed and understood that this contract may be extended for an additional thirty (30) day transitional period after the stated expiration date of the contract including any contract extensions exercised under the initially established option period terms of the contract. During this transitional period the Bidder agrees to continue the same or a reduced level (if such reduction is mutually agreed to and appropriately documented) of service to the City at the same prices while the new contract, also in force, is being mobilized. If the Bidder is supplying equipment in conjunction with this contract, the Bidder agrees to retain the equipment at the designated City premise for an additional thirty (30) calendar days after the current expiration of the Contract, at which time the equipment shall be removed from the premises. 2.6 OPTIONS TO RENEW Prior to, or upon completion of that initial term, the City shall have the option at its sole discretion to renew this contract for three (3) additional one-year renewal terms. Prior to completion of each exercised contract term, the City may consider an adjustment to price based on changes in the following pricing index: Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W): Miami-Fort Lauderdale, FL. It is the Bidder’s responsibility to request any pricing adjustment under this provision, which shall not exceed 5%. For any adjustment to commence on the first day of any exercised option period, the Bidder’s request for adjustment shall be submitted no later than ninety (90) days prior to expiration of the then current contract term. In no event will the price be increased or decreased by a percentage greater than the percentage change reflected in the C.P.I. as published by the U.S. Department of Labor. If no adjustment request is received from the Bidder, the City will assume that the Bidder has agreed the optional term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period may not be considered. The City reserves the right to negotiate lower pricing for the additional term(s) based on market ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 15 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net research information or other factors that influence price. The City reserves the right to apply any reduction in pricing for the additional term(s) based on the downward movement of the applicable index. The City reserves the right to reject any price adjustments submitted by the Bidder and/or to not exercise any otherwise available option period based on the proposed price adjustments. Any continuation of the contract beyond the initial period, and any option subsequently exercised shall be at the sole discretion of the City, and not a right of the Bidder. Renewals shall be exercised only when such continuation is clearly in the best interest of the City. Should the Bidder decline the City’s right to exercise the option period, the City may consider the Bidder in default, which may affect the Bidder’s eligibility for future contracts. NOTE: IF MULTIPLE BIDDERS ARE INVOLVED UNDER THE GIVEN CONTRACT, ANY OPTIONS TO RENEW WILL BE RESTRICTED TO THE SPECIFIC ITEMS OF WORK INITIALLY AWARDED TO ANY SPECIFIC BIDDER. 2.7 METHOD OF AWARD Following the review of bids, the lowest responsible, responsive bidder(s) meeting all terms, conditions, and specifications of the ITB shall be recommended for award either by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City. The City Manager may also reject all proposals received. In determining the lowest responsible, responsive bidder, and in addition to price, section 62-8 of the City Code provides that the City may consider the following: The ability, capacity and skill of the bidder to perform the Contract. Whether the bidder can perform the Contract within the time specified, without delay or interference. The character, integrity, reputation, judgment, experience and efficiency of the bidder. The quality of performance of previous contracts with the City and references. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. No contract will be awarded to, any person who is in arrears to the City of Sunny Isles Beach, upon any debt or contract, or who has defaulted, as surety or otherwise, upon any obligation to any public agency, or who is deemed irresponsible or unreliable by the City Commission of the City of Sunny Isles Beach, in its sole discretion. 2.8 MULTIPLE AWARD The City may award multiple Bidders (primary, secondary and tertiary) as available, by line item, by group, by locations, Rights of Way vs Parks, or in its entirety. The City will endeavor to utilize Bidders in order of award. The lowest Bidder for each group shall be considered the primary awardee and should receive the largest volume of work, upon meeting the required qualifications and acceptance to the City’s terms. However, the City may utilize other Bidders in the event that: 1) a contract Bidder is not or is unable to be in compliance with any contract or delivery ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 16 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net requirement; 2) it is in the best interest of the City to do so regardless of reason. In the event that one of the successful bidders (primary, secondary or tertiary) are deemed to be performing unsatisfactorily as determined by the City, the City may opt to award their designated bid group to the Bidder performing to City’s approval. 2.9 MINORITY / WOMEN’S / LABOR SURPLUS FIRMS PARTICIPATION: The City of Sunny Isles Beach, in accordance with the requirements as stated in C.F.R. 200.321 encourages the active participation of minority businesses, women’s business enterprises and labor surplus area firms as a part of any subsequent agreement whenever possible. If subcontracts are to be let, through a prime contractor, that contractor is required to take the affirmative steps listed in items (1) through (6) below: (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. (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. 2.10 NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all subcontractors, if any, will be made ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 17 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net aware of and will comply with this nondiscrimination clause. 2.11 CONTRACTOR’S EMPLOYEES AND REQUIRED IDENTIFICATION Contractor is responsible for performing criminal background checks and employee verification on all individuals that will be assigned to this contract. Employees of the Contractor must be 18 years or older. Contractor’s employees shall be considered to be at all times the sole employees of the Contractor under the Contractor’s sole discretion and not an employee or agent of the City. The Contractor shall supply competent and physically capable employees, and the City may require the Contractor to immediately remove an employee it deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued employment is not in the best interest of the City. Prior to working in the City, all managers and employees of Contractor, any independent contractors, and any subcontractors shall be required to undergo background checks. A thorough State and national background check that identifies an individual’s entire criminal history shall be conducted in accordance with Section 435.03, Florida Statutes (level 2 screening) and all other applicable law. A background check shall be conducted on new employees prior to employment and on each employee automatically at least once every five years. If an employee leaves company and returns, the employee will need to have their background check cleared again through the City. Prior to the beginning of the contract term and upon agreed renewals the contractor shall submit written certification to the City that Contractor has complied with the City’s requirement regarding background checks on all employees. The Contractor shall submit to the Project Manager within fourteen (14) days of the execution of the Contract a list of all personnel proposed to work under the Contract and who have passed the background check. The list shall be updated immediately when changes occur; City Facilitated background checks will be required for new employees. The contractor will be responsible for the cost of the background check which is $67.75 (or as amended) per person payable to the City. The certifying document shall be signed by the authorized officer of the corporation. Failure to perform a state and national criminal background check in accordance with the rules above shall be cause for termination of the Agreement. The Successful Bidder(s) shall bear all cost associated with the criminal background check. 2.12 PRICE If the Bidder is awarded a contract under this solicitation, the prices proposed by the Bidder shall remain fixed and firm during the term of the contract. 2.13 MONTHLY INVOICING Cut-off date is the end of the last business day of the month. Bidder shall submit by the 10th day of the following month Bidder's completed Invoice. Should the 10th fall on a weekend or holiday, Contractor shall submit his application on the next workday. Bidder is advised that processing of invoices must follow this schedule, as the City has funding requirements and other payment obligations which may prevent payment of late Invoice for that month’s billing cycle. A late Invoice with a recommendation for payment will be paid in the next month’s billing cycle. ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 18 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 2.14 PERFORMANCE AND PAYMENT BOND The Awarded Contractor shall furnish a separate Performance and Payment Bond in the amount of 100% of the total Basic Services “recurring monthly” lines 1-92. The city reserves the right to request a new bond amount based upon a specific project scope. Pursuant to the requirements of Chapter 255.05 (1) (b), Florida Statutes, the Contractor shall ensure that the Performance and Payment Bond or Bonds referenced above shall be recorded in the Public records of Miami-Dade County at the Bidder’s expense. Proof of recording must be submitted to the City prior to issuance of any purchase order or payment by the City. One (1) set of original Performance and Payment Bond documents is required to be provided to the City prior to the issuance of any Notice to Proceed by the City. 2.15 BID BOND The City of Sunny Isles Beach shall require that every Bidder furnish a Bid Bond in the amount of 5% of the total Basic Services “recurring monthly” lines 1-92. 2.16 INSURANCE Comprehensive General Liability with minimum limits of Five Million Dollars ($5,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Premises and Operation Workers Compensation (Statutory Limits) Independent Contractors Products and/or Completed Operations Hazard Broad Form Property Damages Broad Form Contractual Coverage applicable to this specific Contract, including any hold Harmless and/or indemnification agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Owned Vehicles; Hired and Non-Owned Vehicles; ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 19 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net Employers’ Non-Ownership. Before starting the Work, the Bidder will file and make sure that all certificates of insurance required by this document and by the Contract are in the City’s possession. These certificates shall contain a provision that the coverage afforded under the policies will not be canceled or materially changed until at least thirty (30) days prior written notice has been given to the City manager or his designee by certified mail. The City shall be named as an additional insured on the above-referenced policies. The Bidder agrees that if any part of the Work under the Contract is sublet, they will require the Sub-Bidder(s) to carry insurance as required, and that they will require the Sub- Bidder(s) to furnish to them insurance certificates same as to those required by the City in this section. 2.16.1 Cancellation and Re-Insurance: If any insurance should be canceled or changed by the insurance company or should any insurance expire during the period of this contract, the Contractor shall be responsible for securing other acceptable insurance to provide the coverage specified in this section to maintain coverage during the life of this Contract. All deductibles must be declared by the Contractor and must be approved by the City. At the option of the City, either the Contractor shall eliminate or reduce such deductible or the Contractor shall procure a Bond, in a form satisfactory to the City, covering the same. 2.16.2 NOTE: THE CITY OF SUNNY ISLES BEACH, CONTRACT NUMBER AND TITLE MUST APPEAR ON EACH CERTIFICATE OF INSURANCE. THE CITY OF SUNNY ISLES BEACH MUST BE SHOWN AS AN ADDITIONAL INSURED WITH RESPECT TO THIS COVERAGE. 2.17 SUB-CONTRACTOR If one or more subcontractors are to be used, the subcontractor must be clearly identified and noted in the submittal when it is submitted. The City must approve any changes in the use of subcontractors in advance and in writing. No such approval will be construed as making the City a party to such subcontract, or subjecting the City to liability of any kind to any subcontractor. No subcontractor will under any circumstances relieve the Proposer of its liability and obligation under any resulting contract. Subcontractor is subject to the same contractual conditions as is the Respondent. The City/City’s Representative shall promptly notify the Contractor, in writing, if either the City or Engineer, after due investigation, has reasonable objections to any subcontractor on said list and does not accept them. Failure of the City or Engineer to make objection to any subcontractor on the list shall constitute acceptance of such subcontractor. After acceptance, no subcontractor shall be changed without written approval by the City and Engineer. ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 20 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 2.18 PERSONNEL REQUIREMENTS/QUALIFICATIONS The Contractor will provide staff that is able to perform work at the highest standards of horticultural excellence. Key staff shall have current knowledge of best management practices regarding safety, plant health, pruning, Integrated Pest Management, pesticide application, hazardous material spill response, and irrigation maintenance. The City reserves the right to demand the replacement of Contractor’s staff who do not meet the City’s standards for safety, professionalism, or horticultural knowledge. The Contractor must manage the total Work effort associated with the Services required to assure fully adequate and timely completion of these Services in accordance with the Performance Standards and Technical Specifications. Such management includes, but is not limited to, planning, report preparation, establishing and maintaining records, and quality control. The Contractor must provide staff with the necessary management expertise to assure the performance of the required Work; and, trained and experienced field and office personnel who meet established standards to effectively perform the Services required and who exhibit capability to perform with minimum supervision. It is the City’s preference that turnover be kept to a minimum with personnel to ensure a continuity of operations through the Contract term. 2.18.1 PROGRAM MANAGER The Program Manager shall be responsible for the City of Sunny Isles Beach contracted landscaping services and must be a senior level management employee and have full authority on a day-to-day basis to act on behalf of the Contractor on all matters pertaining to the performance of the Work under this Contract. The Program Manager must have a minimum of ten (10) years combined horticultural education and experience as a landscape field maintenance supervisor on contracts of similar size, scope, and complexity. The Program Manager must be a Florida Nursery Growers and Landscape Association (FNGLA) certified Horticultural Professional. ). The Program Manager shall have the authority to make immediate and binding decisions on behalf of the Contractor without obtaining any approvals from others regarding the disbursement of any resources needed including but not limited to materials, equipment, labor, chemicals or otherwise as directed by the City. This person shall be available to attend all meetings with the City within twenty-four (24) hours of notification at no charge as directed by the City, shall be available to the City within one (1) hour notification for emergencies at all times at no charge, including facility maintenance duties, boarding up of facilities, and other work as directed by the City, shall be present at up to 3 special events per year as requested by the City, and be present at all planning meetings at no charge, with twenty- four (24) hour notice. This person shall perform inspections at minimum twice per week of the landscaped areas in the scope of services and be available to City for routine and as-needed inspections as directed by the City, shall be available to the City’s Project Manager(s) and Consultant as directed by the City for inspections, reviews, and consultation via telephone or other approved wireless communications on a 24/7/365 basis. When this person is out of City on vacation or leave, an alternate contact shall be provided, and shall be approved at the City’s sole discretion. The Program Manager must be available to discuss Contract matters and performance issues with the Project Manager(s) or Consultant during regular City business hours and within one (1) hour ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 21 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net during other times. This can be accomplished in person, or by telephone, as appropriate depending on the circumstances. The duties will be performed at no additional labor or travel charges. The Contractor must provide to the Project Manager(s) the contact information (i.e. phone, email address, cell phone, etc.) for the Program Manager and an alternate individual, within five (5) days of execution of the Contract. A resume of the Program Manager must be submitted with the Contractor’s Qualifications as specified in Section 7, which must include all contact information (i.e. telephone, email address, cell phone, etc.). The Contractor must provide an updated list no less than five (5) days of any changes of the Program Manager or contact information provided. Foreman, Field Supervisors, Account Managers, etc. are not acceptable. The Program Manager must furnish a monthly report (“Report”) of both landscape and irrigation work to the Project Manager no later than the fifteenth (15th) of each month that must consist of five (5) parts, broken down as follows: Part 1: Prior month’s Basic Services activities accomplished, identified by park and facility, and must include the date(s) the Work was performed. Part 2: Prior month’s Supplemental Services activities accomplished, identified by park and facility, the date(s) the Work was performed and the cost(s) associated with the Work. Part 3: Prior month’s Re-Work activities accomplished, identified by park and facility, the date(s) the Work was performed. Part 4: Prior month’s Additional Services activities accomplished, identified by park and facility, the date(s) the Work was performed. Part 5: Prior month’s inspections conducted under the Quality Control Plan (“QCP”) as further set forth in 2.38. This Part of the Report must include the following: a. Dates of inspections b. Name and signature of inspector c. Location of the inspection d. Work inspected and photographs of said work e. Locations found to be non-compliant i. Deficiencies found per location ii. Actions taken to correct deficiencies iii. Actions taken to mitigate future occurrences of the deficiencies iv. Photographs of deficiencies, work in progress to correct deficiencies, and post correction condition. Include date of resolution Contractor must provide Project Manager(s) with a hard copy and/or electronic copies of all forms and documents prepared as part of the Quality Control Plan monitoring. ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 22 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net Note: In the event that the same bidder is awarded option B, which includes Parks and ROWs, personnel such as field supervisor and staff shall not be interchangeable. ROW and Parks shall have their own personnel. The only exception the City is willing to consider is one (1) Program Manager overseeing both Parks and ROWs but your Bid submittal must make note that you are planning as such under the exceptions. 2.18.2 FIELD SUPERVISOR The Contractor must provide 1 qualified on-site full-time working Field Supervisor to manage Contractor’s personnel at the Work sites. One (1) Field Supervisor shall be assigned to the Cultural & Community Services Department. These people (and their substitutes) must have full authority to act for the Contractor on all matters relating to the daily performance of the Work at the Work site(s). The Field Supervisor must be the central point of contact in the field for the City; and, must effectively communicate in English. The Field Supervisor must understand and be able to fulfill, completely and clearly, the Performance Standards and Technical Specifications and reporting requirements of the Contract. A resumé of the Field Supervisor must be submitted with the Contractor’s Qualifications as specified in Section 8, which must include all contact information (i.e. telephone, email address, cell phone, etc.). The field supervisor must have a minimum of five (5) years combined horticultural and irrigation education and experience as a landscape field maintenance supervisor on contracts of similar size, scope, and complexity, and must remain on-site at all times while Work is being performed under the Contract. When the on-site working Field Supervisor is absent for the day or for an extended period (more than 4 hours), the Project Manager(s) must be notified and the Contractor must appoint a qualified substitute. Within five (5) days of execution of the Contract, the Contractor must provide the Project Manager(s) with a cellular phone number for the Field Supervisor where he/she can be reached at all times. Note: In the event that one bidder is awarded the citywide contract, which includes Parks and ROWs, personnel such as field supervisor and staff shall not be interchangeable. ROW and Parks shall have their own personnel. The only exception the City is willing to consider is one (1) Program Manager overseeing both Parks and ROWs but your Bid submittal must make note that you are planning as such under the exceptions. 2.18.3 The Contractor must provide a minimum of Eight (8) full time staff, (at least one of the 8 must be an IA certified irrigation technician) One (1) on-site Field Supervisor Monday – Friday, Two (2) full-time staff during weekends with, (1) one dedicated on-site Field Supervisor that must remain on premises Monday – Friday, (or additional staff as needed to meet scope of service, as determined by the City). All Work shall be accomplished anytime between the hours of 7:00 A.M. to 5:00 P.M. Monday through Sunday unless pre-approved by The City due to FDOT requirements or specific maintenance needs. The minimum required staff is for routine landscape maintenance services only and does not include services such as annual flower change- ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 23 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net outs, shrub replacement, special projects, irrigation repair, tree and palm pruning. The Contractor is responsible to provide additional staff as needed to perform this work and all other work contained in this ITB. The City shall not be liable for any overtime costs for any staff working in excess of eight (8) hours per day or (40) hours per week in order to accomplish the Work in accordance with the Performance Standards. Note: Personnel such as field supervisor and staff shall not be interchangeable between ROW and Parks. ROW and Parks shall have their own personnel. The only exception the City is willing to consider is one (1) Program Manager overseeing both Parks and ROWs but your Bid submittal must make note that you are planning as such under the exceptions. 2.18.4 PERSONNEL QUALIFICATIONS The Contractor must furnish sufficient competent and qualified personnel to perform all Work specified in the Contract. The Contractor must submit within fourteen (14) days of execution of the Contract, a list of all personnel proposed to work under the Contract. The list must be updated immediately when changes occur throughout the term of the contract 2.18.5 All irrigation maintenance and repairs shall be performed by, or under the direct supervision of an IA Certified Irrigation Technician. 2.18.6 All pesticide applications shall be performed by a Contractor licensed and insured as a State of Florida Licensed Commercial Applicator. In addition, the staff performing the pesticide application shall be licensed as Commercial Operators per Florida Statute Chapter 482 and Rule 5E-14. 2.18.7 All pruning will be performed by, or under the direct on-site supervision of, staff with proper documented education and training in proper pruning techniques. Pruning shall be performed under the supervision of an ISA certified Arborist with a minimum five (5) years experience with South Florida trees. The certified arborist shall be on site at all times when pruning occurs. 2.18.8 All Maintenance of Traffic personnel shall be trained and certified in accordance with the most recently adopted FDOT Temporary Traffic Control (TTC) standard specifications. 2.18.9 The Contractor shall be available to meet with all public utilities to locate all irrigation and hydraulic lines prior to excavation by the utility company. The Contractor is to act as the City’s Representative in order to avoid unnecessary damage to irrigation lines. 2.19 UNIFORM/APPEARANCE Contractor personnel located at Work sites must present a neat appearance, and must wear distinct clothing bearing the Contractor’s name for easy identification. All Contractor employees, including the Field Supervisor, must wear a distinctive and neat uniform, which the Contractor ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 24 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net must supply at no cost to the employee. Any color or color combination may be used for the uniforms. The following clothing types are not to be worn: tube tops, tank tops, shorts, leotards, sandals, cutoffs, multicolored pants/shorts, items in disrepair, or any other inappropriate or offensive clothing as determined by the Project Manager(s) to be unacceptable for representing the City. The Project Manager(s) may request the removal of any employee not properly uniformed. Staff must have a name badge with name and photo visible to the public at all times, issued by the City. 2.20 STANDARDS OF CONDUCT The Contractor must maintain satisfactory standards of employee competency, conduct, appearance, and integrity, and must take such disciplinary action against his/her employees, as necessary. Each Contractor employee is expected to adhere to standards of conduct that reflect credit on themselves, their employer, the community, and the City. Being that the Contractor will be visible at all times to the public during the performance of its duties under the Contract, the Contractor should ensure its employees continue to adhere to standards of conduct while on breaks. Contractor’s employees must not sleep or lay down in public view at any time during the Work. If any of Contractor’s employees are found sleeping or laying down in public view by City staff, or if such activity is reported by the public and verified by the City, the City may impose a performance penalty of $250 per occurrence assessed to the Contractor. 2.21 ALCOHOL AND CONTROLLED SUBSTANCES The Contractor’s employees must not possess, distribute, consume, use or cause to be used, any controlled substance or alcohol on the Work sites. Any Contractor employee under the influence of alcohol or a controlled substance must not be permitted to perform any Work under the Contract. Any Contractor or Contractor employee found to be in violation of this requirement will be permanently prohibited from performing any Work under this Contract. Actions taken under this Article must not relieve the Contractor of the obligation to provide sufficient personnel to perform adequate and timely Service as required in this Contract. 2.22 EMPLOYEE SAFETY REQUIREMENTS The Contractor must require their employees to comply with the instructions pertaining to conduct, safety and health regulations forming a part of this Contract. All equipment operators must wear safety protection equipment required or recommended by the equipment manufacturer and OSHA; and, all power operating equipment, truck, hand, mechanical or vehicular tools, etc. must be operated within the safety parameters defined by OSHA. Equipment must be carefully maintained and operated with proper safety guards and devices installed and fully operational and with discretion when near pedestrians or vehicles. All employees must wear a safety vest when working by roads and in areas with vehicular traffic. 2.23 EMPLOYEE TRAINING/OPERATING OF EQUIPMENT The Contractor must ensure that all employees have been properly trained, certified, and/or licensed to operate power equipment, power and mechanical tools, mowers, trucks, and etc., and must maintain records of all training, qualifications and certifications to be made available for the ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 25 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net City’s review upon request. The Contractor must provide training to all employees, at Contractor’s expense, to ensure the competencies in performing tasks are met to prevent the endangerment of personnel or the public. At no time must the safeguards on lawn mower, edger, weed eater or any other power equipment with factory installed safety measures be altered, turned off or used improperly. All safeguards must be in place and operational at all times. Employees must not be permitted to use radios, cell phones, texting devices, mp3 players, or other media devices, while operating equipment and may be subject to removal from the Work site for repeated violations. Employees are prohibited from smoking during performance of the Work under this Contract. 2.24 SAFETY PRECAUTIONS Contractor is solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor must take all necessary precautions for the safety of, and must provide the necessary protection to prevent damage, injury or loss to: All employees on the Project site(s) and other persons who may be affected thereby; All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site(s). Other Property at the Project site(s) or adjacent thereto, including trees, shrubs, lawn, walks, pavements, roadways, structures and utilities. The Contractor must take all necessary precautions for the safety of employees in the performance of the Work on, about or adjacent to the premises, and must comply with all applicable provisions of Federal, State, and local laws, including, but not limited to the requirements of the Occupational Safety and Health Act of 1970 (OSHA), and amendments thereto, to prevent accidents or injury to persons on, about or adjacent to the premises where the Work is being performed. Contractor must notify owners of adjacent property and utilities when execution of the Work may affect them. The Contractor must comply with the OSHA “Federal Right to Know” Regulation, 29 CFR 1910, 1915, 1917, 1918, and 1926, regarding informing employees of toxic substances in the workplace, providing training, and emergency procedures. Contractor must adhere to applicable environmental protection guidelines for the duration of the Work. The Contractor must comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, DERM, the City, Miami-Dade County, State of Florida), which bear on the performance of the Work. The Contractor must provide such equipment and facilities as are necessary or required, in the case of accidents, for first aid service to person who may be injured during the Project(s) duration. Barricades shall be provided by the bidder when work is performed in areas traversed by persons, or when deemed necessary by the City Project Manager(s). Contractor’s duties and responsibilities for the safety and protection of the Work must continue until such time as all the completion of the Contract. ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 26 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 2.25 MATERIAL SAFETY DATA SHEETS In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a part of the Project must be accompanied by a Material Safety Data Sheet (MSDS) which must be obtained from the manufacturer. The MSDS must include the following information: The chemical and the common name of the substance. The hazards or other risks in the use of the substance, including: o The potential for fire, explosion, corrosion, and reaction; o The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the substance; and o The primary routes of entry and symptoms of overexposure. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the substances, including appropriate emergency treatment in the case of overexposure. The emergency procedures for spills, fire, disposal, and first aid. A description in lay terms of the known specific potential health risks posed by the substance intended to alert any person reading information. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 2.26 PROTECTION OF PROPERTY, UTILITIES, AND THE PUBLIC The Contractor must continuously maintain adequate protection of all its Work from all losses or damage and must protect public and private property, and utilities from injury or loss arising in connection with the Work, and take all necessary precautions to prevent accidents, injuries, or damage to persons or property on or near the Work. The Contractor is solely responsible for, and must replace and make good all loss, injury, or damage to any property including, but not limited to, landscaping, irrigation, walks, drives, structures, or utilities resulting from performance of the Work. 2.27 CONTRACTOR’S RESPONSIBILITY FOR UTILITY PROPERTIES AND SERVICE Where the Contractor’s operations could cause damage or inconvenience to telephone, fiber optic, television, electrical power, oil, gas, water, sewer, or irrigation systems, the Contractor must make all arrangements necessary for the protection of these utilities and services or any other known utilities. Notify all utility companies that are affected by the construction operation at least forty-eight (48) hours in advance. Under no circumstance expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities and utility poles where necessary. ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 27 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net The Contractor and its Subcontractors will be solely and directly responsible to the owner and operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage which may result from the construction operations under the Contract Documents. Neither the City nor its officers or agents will be responsible to the Contractor for damages as a result of the Contractor’s failure to protect property encountered in the Work. In the event of interruption to domestic water, sewer, storm drain, or other utility services as a result of accidental breakage due to construction operations, Contractor must promptly notify the owner, any required regulatory authority, and the Project Manager(s). Contractor shall also cooperate with said authority in restoration of service as promptly as possible and bear all costs of repair and any required interim measures to ensure safety. In no event will interruption of any utility service be allowed unless granted by the owner of the utility. In the event water service lines that interfere with trenching are encountered, the Contractor may, by obtaining prior approval of the water utility, cut the service, dig through, and restore the service with similar and equal materials at the Contractor’s expense and as approved by the Project Manager(s). The Contractor shall replace with material approved by the Project Manager(s) or Consultant, at Contractor’s expense, any and all other laterals, existing utilities or structures removed or damaged during construction, unless otherwise provided for in the Contract Documents and as approved by the Project Manager(s) or Consultant. The Contractor shall replace with material approved by the Project Manager or Consultant, at Contractor’s expense, any existing utilities damaged during the Work. 2.28 ACCESS TO WATER AND UTILITIES The Contractor is responsible for providing all water and power required for the performance of the Work, including the use of a generator, fuel, etc. The use of a generator may be subject to the prior approval of the Project Manager(s) and may be withheld when the Work is in a primarily residential neighborhood. Electrical power required during construction must be installed by a qualified electrical contractor approved by the Project Manager(s). The City may at its sole discretion provide access to City utilities or water should such be available at the Work site. However, the Contractor is responsible to ascertain the location and accessibility of any utilities and potable water sources necessary to perform the Work. The ability of the City to make utilities available to the Contractor must not form any basis for a change order or claim by the Contractor. 2.29 COORDINATION OF THE WORK Prior to the commencement of the Work under the Contract, the city’s Project Manager(s) will make every effort, based on available information, to notify the Contractor of any ongoing or scheduled project(s) that will be ongoing or commence during the Work on a Project that may ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 28 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net require coordination. The Contractor will be solely responsible for coordinating the Work with any other project(s) to minimize any potential adverse impact. Contractor will not be entitled to any days of delay for failure to properly coordinate the Work. The Project Manager(s) may assist the Contractor in coordinating the Work. However, any such assistance, or lack thereof will not form the basis for any claim for delay or increased cost. If any part of Contractor’s Work depends uponproper execution or results from the work of any other persons, Contractor must inspect and promptly report to Project Manager(s) any defects in such work that render it unsuitable for such execution and results. Contractor’s failure to so inspect and report will constitute an acceptance of the other person’s work as fit and proper for the reception of Contractor’s Work, except as to defects which may develop in other contractor’s work after the execution of contractor’s Work. Contractor must conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, Contractor will be liable to the affected contractor for the cost of such interference or impact. 2.30 ACCESS TO THE PROJECT SITE(S) City will provide the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands as are designated by City for use of Contractor. 2.31 CLEAN-UP Contractor must, at all times, keep the work site(s) free from accumulation of excess materials, waste materials or rubbish caused by its operations. At the completion of Work at a work site(s), Contractor must remove all tree and landscape cuttings, excess leaves, waste materials and rubbish from the site(s) as well as any tools, equipment, machinery and surplus materials or supplies. If Contractor fails to clean up during the performance of the Work or at the completion of the Work, the City may do so and the cost incurred will be charged to the Contractor. Any combustible waste materials must be removed from the work site(s) at the end of each day. Any paved areas including curbs and sidewalks which have been strewn with soil, sod waste, fertilizer or other waste must be thoroughly swept. The City is not required to supply areas or facilities for storage or removal of waste on-site. 2.32 MAINTENANCE & SERVICE PLAN The Contractor must prepare a Maintenance and Service Plan (“M&S”) establishing a program of inspections and maintenance for meeting the Performance Standards and Technical Specifications of the Contract Documents. The Contractor must submit the M&S for the first twelve (12) months of the Contract term to the Project Manager(s) within fourteen (14) days of the execution of the Contract, for review and acceptance. Should the Project Manager(s) recommend or require revisions, the Contractor must make the necessary revisions, and re- submit a revised M&S to the Project Manager(s) within seven (7) days. Thereafter, the Contractor must submit another M&S to the Project Manager(s) sixty (60) days prior to the start of each twelve (12) month period. The M&S must: ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 29 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net Outline the Contractor’s overall strategy for providing the Landscape Maintenance Services contained in the Contract Documents; Establish the Contractor’s program of inspections and maintenance for each Contract year, to include a month to month breakdown by task; Project a level of unscheduled work (including re-work); Document basis for the Contractor’s Annual Execution Plan – i.e., the Contractor’s schedule of activities and resources (labor and material) to accomplish the Contractor’s program; Provide the Contractor’s standard operation procedures, emergency operating procedures, safety plan, and contingency plans, when applicable; Identify any Project site(s) considered to need re-sodding or re-planting to be brought to the Performance Standards and the associated cost for completing the Work; Once accepted, the Contractor’s M&S Plan will provide the baseline for tracking the Work and expenditures against the Contract and for evaluating performance in accordance with the Contract Documents. 2.33 ANNUAL EXECUTION PLAN The Annual Execution Plan (“AEP”) must include a breakdown of the Work to be performed on a monthly basis by Task and Site, and must also include a breakdown of the labor force and equipment to be used on a monthly basis. The Contractor must reflect in the AEP when the annual planting change-outs, pruning, mowing, fertilization, mulching, tree and palm maintenance, irrigation maintenance, etc. will occur. The AEP must also reflect a budget estimate for each month. The initial AEP must be submitted within fourteen (14) days of execution of the Contract. Each subsequent AEP must be submitted one month prior to the start of the new Contract year. Any revisions to the AEP must be subject to the prior written acceptance of the Project Manager. 2.34 QUALITY CONTROL PLAN Within fourteen (14) days of the execution of the Contract, the Contractor must submit a Quality Control Plan (“QCP”) to the Project Manager(s) for review and acceptance. The rationale underpinning the QCP is that the Contractor is responsible for Quality Control. All methods, procedures, and forms must support this rationale. The QCP must clearly identify how the Contractor will monitor its own Work to ensure that the Work is performed and meets the Performance Standards established in the Contract. The QCP must provide for the inspection and assessment of the quality and progress of the Work at each Site where Work is being performed. The QCP must be designed to keep the Contractor’s management and the City informed of all issues affecting quality, to include timely and effective corrective action for all deficiencies. These inspections must be in addition to the requirement for daily supervision. The QCP records must, in part, consist of checklists of inspections and must indicate the nature, frequency and number of observations made, number and type of deficiencies found, and the nature of corrective action taken as appropriate. At a minimum the QCP must address the following: ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 30 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net An inspection system that is tailored to the different Tasks and Sites covered under the Performance Standards and Technical Specifications; A system for identifying and correcting deficiencies in the quality of the Work before the level of performance becomes unacceptable and/or the Project Manager(s) or Consultant independently identify the deficiencies; A system to ensure that the Contractor’s employees are notified of deficiencies, that the noted deficiencies are corrected (if possible), and that the employees are counseled/retrained as necessary to ensure that deficiencies do not recur; The city intends to work in conjunction with the awarded bidder to implement an electronic system of reporting that includes the monthly reports referenced in section 2.18.1 and reports specified further into this invitation to bid. A schedule of quarterly walkthroughs of project sites with City’s Project Manager / Consultant and the Contractor’s ISA Certified Arborist and system of reporting the findings to include video recording of walkthroughs. A system that provides the Project Manager(s) access to all Contractor documentation, reports, and files (to include any forms on which quality control inspections are documented) with respect to Contractor quality control inspections and any corrective action taken; If the Contractor has a corporate/home office, how it will provide Contract support, services, and controls; and The identity of all personnel who will be performing quality control inspections by name and title, and verification that the person who actually performed the Work must not perform quality control inspections. Where the QCP is returned by the Project Manager for revisions or corrections, the Contractor must resubmit the QCP within seven (7) days of receipt from the Project Manager(s), with requested revisions or corrections. The Contractor must not implement any changes to its approved QCP prior to review and acceptance by the Project Manager(s). The Contractor must perform quality control inspections by qualified personnel (i.e. personnel knowledgeable of all technical aspects of the Work, which would allow identification/discovery of improperly performed services, and provide documentation of the inspection results to the Project Manager(s) on a monthly basis). The documentation must be signed and dated by the inspector at the time the inspection is completed. All completed inspection reports must be submitted to the Project Manager(s). 2.35 WEEKLY WORK PLAN Concurrent with the submission of the Annual Execution Plan (AEP), the Contractor must submit a work plan for the initial two weeks of Work. Subsequently, the Contractor must provide a Work Plan every Thursday to the Project Manager(s), which will reflect the Work to be performed during the next week, broken down by Site(s) and Task, and day(s) of the week the Work will be performed. Weekly work plan to include generalized photos of work areas to document historical general conditions of site. ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 31 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 2.36 EMERGENCY RESPONSE PLAN The Contractor must prepare and furnish to the Project Manager(s) for review and acceptance an Emergency Response Plan (“ERP”) within thirty (30) days after execution of the Contract. The ERP must outline the Contractor’s response procedures in the event of an emergency, damage, or adverse weather conditions including hurricanes, rain, high winds, or flooding. The ERP must address the Contractor’s coordination procedures with the City. The ERP must include a provision for cooperating with the City to furnish Contractor’s forces to supplement the City’s staff in hurricane preparedness, evacuation plans, and hurricane disaster response of the disaster event within the project limits. In such event that services or equipment will be deemed as Supplemental Services and paid for in accordance with Section 7 of the Contract. 2.37 PRIORITY The Contractor, on an immediate and first priority basis, shall make available all its resources and equipment to the City in the event of an Act of God (i.e. storm, tornado, or hurricane) or an auto accident that causes a tree to fall and block a roadway or pedestrian area, or any other emergency deemed by the City Manager or his designee. Work may include but is not limited to roadway clearing, extensive clean-up and disposal activities. All debris removed from the City will be legally st disposed of at an EPA and/or City approved dump site. Each May 1, the Contractor shall submit, for City approval, an Emergency Response Plan. 2.38 UNSATISFACTORY WORK TO BE CORRECTED BY THE CONTRACTOR The Contractor shall promptly correct all apparent and latent deficiencies and/or defects in work, and/or any Unsatisfactory Work that fails to conform to the contract documents regardless of project completion status. If Unsatisfactory Work is identified, through planned, random or unannounced inspections, or any other circumstance through which the City becomes aware of non-Compliant Work, the Contractor will be notified in writing within two (2) business days. All corrections shall be made within two (2) business days after such rejected defects, deficiencies, and/or Non-Compliant Work are verbally reported to the Contractor by the City's Project Manager(s), who may confirm all such verbal reports in writing. The Contractor shall bear all costs of correcting such rejected work. If the Contractor fails to correct the work within the period specified, the City may, at its discretion, notify the Contractor, in writing, that the Contractor is subject to contractual default provisions if the corrections are not completed to the satisfaction of the City within one (1) business day of receipt of the notice. If the Contractor fails to correct the work within the period specified in the notice, the City may place the Bidder in default. In addition to random or unannounced inspections, the City will conduct planned inspections, one for parks and facilities and one for rights-of-way each month, which will be conducted prior to the Contractor submitting its monthly invoice. When either planned or unplanned inspection efforts identify Non-Compliant Work or Unsatisfactory Work, the Contractor will be notified per the procedure set forth above and the City will conduct a subsequent inspection to ensure compliance. The City will incur additional administrative expenses for the additional time required to re-inspect Contractor Work. Upon failure of CONTRACTOR to complete the Work ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 32 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net within the time specified for final completion, the City shall impose deductions to invoice. A report to the Contractor (per Section 7.4) will be submitted along with the unsatisfactory inspection notice. The deductions include: 1. Performance deficiency. Examples include: failure to comply with conditions, specifications, reports, schedules and/or directives from Authorized Representatives and Purchase Order; failure to adequately remove trash/debris/weeds in a timely manner, apply chemicals, prune, etc. failure to follow FDOT regulations. Deduction may be based upon costs provided by the Contractor on the Bid Worksheets submitted at the time of bid or as deemed appropriate by the Authorized Representative. Deduction of up to $200 per instance. 2. Failure to comply with minimum City defined manpower requirements. Deduction of $100 per employee per workday. 3. Failure to provide adequate equipment in compliance with City specifications and/or as requested by the Authorized Representative. May result in a deduction of up to $200 per instance per workday. 4. Failure to protect public health and/or correct safety concerns. These include, but are not limited to, policing City property for hazards, responding to emergencies, providing adequate traffic control measures (per M.U.T.C.D. Guidelines). May result in a deduction of up to $250 per occurrence. 5. Failure to comply with water restrictions imposed by any agency having authority to do so. May result in a deduction of up to $250 per occurrence. Additionally, Contractor shall be responsible for any imposed penalties. 6. Major irrigation deficiencies shall be repaired within 12 hours and are subject to a deduction up to $250 per occurrence. 2.39 LABOR, MATERIALS, AND EQUIPMENT SHALL BE SUPPLIED BY THE BIDDER Unless otherwise provided in Section 3 entitled "Performance Standards and Technical Specifications", of this solicitation the Bidder shall furnish all labor, material, equipment and supplies necessary for satisfactory contract performance. When not specifically identified in the technical specifications, such materials and equipment shall be of a suitable type and grade customarily used for the purpose. All power operating equipment, trucks, lawn mowers, tractors, etc., and all hand or vehicular tools must be operated within the safety parameter as defined by the manufacturer and OSHA; and, must be carefully maintained and operated with proper safety guards and devices and with discretion when near the public and vehicular traffic. All material, workmanship, and equipment shall be subject to the inspection and approval of the Project Manager(s). 2.40 LICENSES, PERMITS AND FEES The bidder shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulations and building code requirements ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 33 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net applicable to the work contemplated herein. Damages, penalties and or fines imposed on the City or the Bidder for failure to obtain required licenses, permits or fines shall be borne by the Bidder. 2.41 MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS The Bidder hereby acknowledges and agrees that all materials, except where recycled content is specifically requested, supplied by the Bidder in conjunction with this solicitation and resultant contract shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials supplied to the City by the Bidder are found to be defective or do not conform to specifications: (1) the materials may be returned to the Bidder at the Bidder’s expense and the contract cancelled or (2) the City may require the Bidder to replace the materials at the Bidder’s expense. 2.42 ADDITIONAL SERVICES NOT LISTED WITHIN THIS SOLICITATION BASED ON PRICE QUOTES: While the City has listed all major items within this solicitation which are utilized by City in conjunction with their operations, the City may request the Bidder to perform Additional Services for which prices are not established in the Contract. Under these circumstances, the City Project Manager(s) will contact the primary Bidder to obtain a price quote for the similar items. If there are multiple Bidders on the contract, the City representative may also obtain price quotes from these Bidders. The City reserves the right to award these similar items to the primary contract Bidder, another contract Bidder based on the lowest price quoted, or to acquire the items through a separate solicitation. The Contractor shall be required to submit a written estimate on each specialty project under this contract before a Work Order for that specific project is issued. The price quote must reflect the regular hourly wages for each classification represented in this contract, and the percentage discounts or mark-ups for materials and equipment that were quoted by the Bidder on its initial offer or the most current contract pricing. The price quote shall be itemized by the number of work hours per classification, and by the cost of materials and equipment. Lump sum estimates shall not be accepted. The City reserves the right to award the project based on the lowest written price quote, or to reject all quotes when such action is determined to be in the best interests of the City, and obtain the required services from another source of supply. The actual charge to the City from an awarded Bidder for a specific project shall not exceed the Bidder’s initial price quote without the expressed prior approval from an authorized agent of the City. 2.43 EMERGENCY/DISASTER EVENT In the event of a hurricane or other emergency or disaster situation, the successful bidder may provide the City with the commodities/services defined within the scope of this formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform for the City on a priority basis during such times of emergency, upon written formal to proceed letter. 2.44 FORCE MAJEURE If weather or other acts of nature prevents the Contractor from conducting the requested services or maintenance on the day specified by the City or otherwise planned by the Contractor, the ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 34 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net Contractor shall conduct the services or maintenance requested on the following day at no additional cost to the City (unless otherwise directed by the City). Any change in schedule due to this section must be communicated to the Project Manager prior to the commencement of work. This shall apply throughout this entire ITB. 2.45 REMOVAL OF SERVICES This contract includes all types of services that the City MAY elect the Bidder to provide. As such, it is hereby agreed and understood that the City may remove service or reduce quantity of items and/or frequency of service during the contract period with seven (7) calendar days notice to the Bidder. It shall also be understood that the cost of any services that are not provided by the contractor are not subject to the unit prices outlined in Section 6 of the ITB response. The City will only pay for services that have been requested and at the adjusted final price as outlined in Section 6 of this ITB response. In the event that a site not listed herein is added to the Contract, the Bidder shall invoice the same amount as prices quoted herein for similar service(s). 2.46 OTHER GOVERMENTAL AGENCIES: 2.51.1 All bidders awarded contracts for this bid may, upon mutual agreement with other agencies, permit any school district/board, municipality or other governmental agency to participate in the contract under the same price terms and conditions, if agreed to by both parties. 2.51.2 Further to paragraph 2.51.1, it is understood that each school district/board, municipality or agency will issue its own Purchase Order to the awarded bidder(s). 2.51.3 It is understood and agreed that the City is not in any way a legal party to any contractual agreement made between any other government unit or educational organization and the Awarded Bidder(s) as a result of this ITB. 2.47 PUBLIC RECORDS IF THE SUCCESSFUL PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUCCESSFUL PROPOSER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY OF SUNNY ISLES BEACH 18070 COLLINS AVENUE, SUNNY ISLES BEACH, FL 33160. THE CITY CLERK’S OFFICE MAY BE CONTACTED BY PHONE AT (305) 792-1703 OR VIA EMAIL AT CityClerk@sibfl.net. ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 35 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 2.48 PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES Pursuant to Florida Statutes Section 217.135, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City’s option if it is discovered that the entity submitted false documents of certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City’s option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City’s determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City’s determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 215.135. 2.49 E-VERIFY Contractor acknowledges that the City may be utilizing the Contractor’s services for a project that is funded in whole or in part by State funds pursuant to a contract between the City and a State agency. Contractor shall be responsible for complying with the E-Verify requirements in the contract and using the U.S. Department of Homeland Security’s E-Verify system to verify the employment of all new employees hired by Contractor during the Agreement term. The Contractor is also responsible for e-verifying its subcontractors, if any, pursuant to any agreement between the City and a State Agency, and reporting to the City any required information. Contractor acknowledges that the terms of this paragraph are material terms, the breach of any of which shall constitute a default under the Agreement. END OF SECTION ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 36 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net SECTION 3 Performance Standards & Technical Specifications 3.1 SCOPE OF SERVICES The City of Sunny Isles Beach (the “City”) intends to secure the services of qualified, experienced, and licensed contractor(s) (the “Contractor”) to provide citywide (Parks & Right-of-ways) Landscape Maintenance Services, in accordance with the terms, conditions and specifications contained in this Invitation to Bid (ITB). The awarded Contractor is expected to begin work no later than November 1, 2024. It is the intent of this bid document that all work shall result in compliance with the contract documents and all regulatory requirements applicable to such service. STANDARDS AND REFERENCES The landscape maintenance personnel shall be well versed in Florida maintenance operations and procedures, Florida Friendly Landscaping, and Integrated Pest Management practices. All employees shall be competent and skilled in their particular job in order to ensure that they properly perform the work assigned. The following organizations provide standards and publications which shall be used as a guide for conducting grounds maintenance services. Any deviations from these standards should be approved by the City in writing: Florida Cooperative Extension Services, 18710 SW 288th Street, Homestead, Florida, 33030. Florida Turf-Grass Association, Inc., 302 Graham Avenue, Orlando, Florida, 328036399. National Recreation and Park Association, 1601 N. Kent Street, Arlington, Virginia, 22209. Florida Recreation and Park Association, 1406 Hays Street, Suite 1, Tallahassee, Florida, 32301. Florida Department of Transportation, "Manual on Traffic Controls and Safe Practices for Street & Highway Construction, Maintenance and Utility Operations." Institute for Regional Conservation. Federal Environmental Protection Agency Florida Department of Environmental Protection. American National Standards Institute A-300 Standards. Florida Nursery, Growers and Landscape Association. 3.2 LOCATIONS OF WORK Accompanying these specifications is an area service map attached hereto as Exhibits B through F defining areas to be serviced and maintained. By submitting a Bid, the Bidder certifies that he/she is familiar with the sites, service areas, the proposed scope of work, performance standards and technical specifications, prior to submitting a Bid. The City reserves the right to remove or include specific locations on a temporary or permanent basis, as deemed appropriate. ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 37 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 3.3 SATELLITE STORAGE AND OPERATION SITE The Contractor must operate their own storage and operation site within a thirty (30) mile radius from the City of Sunny Isles Beach City Hall, 18070 Collins Avenue, Sunny Isles Beach, Florida, within sixty (60) days of award of Contract, as follows: The storage site must have a minimum of 3,000 square feet area, with a minimum of 1,200 square feet of fully enclosed, lockable, and secure materials storage area, and must be continually available to the Contractor and the City for storage use at no charge from the Contractor, (including delivery and pick up charges) for the full duration of this contract. The City reserves the right to inspect this facility prior to award of Bid, and at any time during the course of this Contract. All trash shall be removed off-site daily, including fish guts trash removal from the pier. No dumpsters shall be stored within City limits. Trash must be removed from the city daily. 3.4 EQUIPMENT All equipment shall be maintained in an efficient and safe operating condition while performing work under the contract. Equipment shall have all proper safety devices required by law, properly maintained, and in use at all times. If equipment does not contain proper safety devices and/or is being operated in an unsafe manner, the City may direct the Contractor to remove such equipment and/or the operator until the deficiency is corrected to the satisfaction of the City. The Contractor shall be solely responsible and liable for injury to persons, and/or property damage caused by operation of the equipment. All equipment will be inspected and evaluated by the City, prior to award of this Bid. The following equipment shall be located at the satellite and operation site in the event of emergencies and be available to the City within the required time frames: FDOT compliant arrow board, and adequate amount of cones, barricades, pedestrian channeling devices to perform the work. Backhoe-front end loader Twenty cubic yard dump truck Hydraulic 65 foot bucket truck 3.4.1 Special equipment required (in addition to standard maintenance equipment). The City, at its sole discretion, may require that any of the special equipment be located in the satellite storage and operation site specified herein. One 400 gallon portable water sprayer and one 3500 PSI pressure washer. Three fertilizer spreaders. One pull behind aerator Portable Stump Grinder 6” below grade Underground wiring location equipment Two hydraulic bucket-trucks with a reach capacity of no less than 65 feet. One backhoe/front end loader combination machine (equivalent to a Ford F555 or larger) One 24 foot minimum vertical man lift (pole cat or equivalent) Two portable brush chippers with 20 cu yard capacity storage truck ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 38 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707| sibfl.net| Purchasing@sibfl.net Two twenty-cubic-yard capacity dump trucks One Utility Box Truck or Van Two portable gasoline generators(5000 W Minimum) Four (4) 48” minimum swath rotary lawn mowers Four utility carts that can traverse landscaped areas without damaging plants or irrigation One Skid-steer Loader with the following accessories: Tree Boom, Fork, Bucket, and Auger A two-way communication system between all of the Contractors service vehicles, their main office, and City personnel The Contractor must own or have leased the equipment at the time of bid submittal. The City may require proof of such ownership or lease agreement at its sole discretion. 3.4.2EQUIPMENT SPECIAL CONDITIONS MOWERSAll mowers must be rotary mowers with a maximum of a 72” cut. In the event that Bermuda, Paspalum, or Zoysia grass are added into City property, reel mowers must be used. Rotary mowersshall be adjusted to 2 1/2” or 3” cutting height as directed by City, shall be in good repair, shall have no oil or gas leaks, and shall be equipped with grass catchers and sharp blades. Mower blades shall be sharpened or new prior to each cut. All rotary mowers must be mulching-type mowers with no discharge allowed, or all clippings must be manually removed. All equipment must bemaintained in sound working condition in order not to exceed comfortable decibel levels or as determined by the City at its sole discretion. Contractor shall clean and sterilize mower between cuttings at each location to prevent the spreading of disease causing pathogens. EDGER’SShall be in good repair, shall have no oil or gas leaks, and shall provide a clean straight edge not more than 1/2” away from walks and edge of pavement. VACUUMS In lieu of blowers, vacuums shall be used as part of this contract on In lieu of blowers, vacuums shall be used as part of this contract on In lieu of blowers, vacuums shall be used as part of this contract on In lieu of blowers, vacuums shall be used as part of this contract on In lieu of blowers, vacuums shall be used as part of this contract on In lieu of blowers, vacuums shall be used as part of this contract on streets, sidewalks and parks so as not to blow debris on or near cars, streets, sidewalks and parks so as not to blow debris on or near cars, streets, sidewalks and parks so as not to blow debris on or near cars, adjacent properties, gutters, etc. 3.5MAINTENANCE OF TRAFFIC This section is applicable to any task requested in this ITB that involves traffic of any kind. Any Work performed in the public right-of-way will require the prior approval of the appropriate public agencies. These public agencies include, but are not limited to, the City, Miami-Dade County Public Works Department, and FDOT. The bidder shall include all appropriate traffic control devices that conform to an approved Maintenance of Traffic (MOT) plan. The cost of the MOT shall be taken into consideration and all traffic control costs shall be a part of the unit price bid and shall not be paid for separately. This shall apply throughout this entire ITB. ITB 24-06-02CITYWIDE LANDSCAPING SERVICES39 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 3.5.1 MOT OF RIGHT-OF-WAYS Maintenance of Traffic shall be in accordance with the current edition of the Florida Department of Transportation, Standard Plans and Specification for Road and Bridge Construction, and the Manual on Uniform Traffic Control Devices, as minimum criteria. This note should be included under all proposal items that may include work on both FDOT and all City roadways. All traffic control costs shall be a part of the unit price bid and shall not be paid for separately. 3.5.2 The Contractor is responsible to have required FDOT certification, including but not limited to those in Section 2.2.B, for initiating, installing, and maintaining all temporary traffic control devices within FDOT rights-of-way in accordance with the latest FDOT standard specifications. 3.5.3 Due to construction projects within the City, FDOT may require that tree pruning be completed at night. No lane closures, other than in case of an emergency, is allowed, during the time periods of 6:00 AM – 9:00 AM and 4:00 PM – 7:00 PM. The Contractor is responsible to perform the work in accordance with FDOT requirements at no additional cost to the City. If a lane- closure is needed in interior streets, approval must be obtained from the city prior to lane-closure. 3.6 IRRIGATION SYSTEM MAINTENANCE The Contractor must be responsible for the complete management, operation, and maintenance of all irrigation systems. Within thirty (30) days of Contract execution, the Contractor must complete an assessment at no additional cost to the City to determine what repairs are required at each Project Site to bring each Irrigation System to full operations. This assessment will provide a detailed breakdown by Project Site of the repair work required and cost of repair. Contractor will be responsible for each Irrigation system once it is fully operational. Contractor shall purchase irrigation supplies from the city’s assigned vendor: Currently SiteOne Landscaping Supply, subject to change during length of contract. All improved and existing areas must receive sufficient amounts of water to flower beds, turf and landscaping, as necessary to present a uniform green color without browning or barren areas resulting from lack of water. Contractor is responsible to ensure that irrigation system is appropriate for the plant material. The onus will be on the contractor for failure to properly inspect and notify the city of any recommended retrofitting prior to installation. Any dead or under-developing plants shall be immediately replaced by the Contractor at no cost to the City. The Contractor, at his/her expense, will be responsible for the proper maintenance, replacement, repair, or retro-fitting of all irrigation components. If supplies are not available ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 40 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net from the approved city vendor, contractor will be reimbursed for the purchase of materials and equipment only, at actual cost to the Contractor, without mark-up, to maintain the Irrigation System except where the repair or replacement results from damage caused by the Contractor. Any damages resulting from accidents, vandalism, or an Act of God,are reimbursable to the Contractor on a materials basis only with proper documentation and approval by the City. Any necessary repairs, other than routine irrigation head replacement must be approved in writing by the City prior to start of work. Under no circumstances will the City reimburse Contractor for mark-up on material cost. All repairs to the system shall be identical to the original installation, unless approved otherwise in advance by the City. If a change to the installation or material will result in lower future maintenance costs, less frequent breakage, or an increase in public safety, the Contractor shall request authorization, in writing, to make the change for the City. Replacement of system components shall be the same manufacturer and model as original equipment, or better, as authorized by City. Contractor shall submit a monthly wet-check report, or more frequently as required by the City, at its sole discretion, to ensure the proper coverage is being achieved, and utilize this wet-check report for proposals for repairs. In addition to wet checks, the Contractor shall provide meter readings to verify viability of systems at least once per month, or more frequently as required by the City, at its sole discretion. 3.6.1 IRRIGATION GENERAL CONDITIONS All irrigation lines are to be flushed, cleaned, and maintained monthly, or as required to maintain the required water flow. This shall include, but not be limited to, the adjustment of the flow of water of irrigation heads so as to minimize or eliminate the flow of water onto the public roadway, sidewalk and buildings, and the checking of breaks, and replacement of broken or stolen heads. All valves, controllers, and other components must be maintained on a regular basis at no additional charge. This will include, but not be limited to, the adjustments of the controllers to ensure the correct amount of precipitation necessary for viable vegetative growth, always following any South Florida Water Management District drought guidelines. The Contractor shall check for breaks in the lateral lines. All irrigation breaks or malfunctions must be repaired by the Contractor within twenty-four (24) hours notification by City (including weekends). This includes all vehicular damage to irrigation and/or landscape materials. Furthermore, all damages noticed by Contractor shall be reported to City Project Manager(s) within twenty-four (24) hours. Irrigation repairs and maintenance shall not be sub-contracted. Contractor shall have sufficient labor, materials, tools, equipment, and qualified and certified supervision to adequately maintain irrigation systems to the City’s specifications and be approved by the City. COLLINS AVENUE MEDIAN ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 41 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net The Collins Avenue median is irrigated through a ‘wethose’ subsurface irrigation system supplied by City water meters, with the exception of median island ‘bullnoses’ which are watered with overhead irrigation. 3.6.2 ON-GOING MAINTENANCE Required on-going maintenance as follows: Weekly: Contractor is to visually inspect all irrigated areas once per week to identify potential leaks as evidenced by water related plant stress, surface water, dry spots, correct spray patterns, prevention of overspray onto any hard surfaces, head clogging and retracting, broken or damaged equipment, and paved surfaces and walls affected by irrigation spray. Monthly: Turn system on with controllers and check program. Adjust program as needed for seasons, new plantings, and weather conditions. Verify that system is running 20 minutes on and 20 minutes off, per cycle, to prevent ‘wethose’ hydration (decrease leak rate). Suggested frequency of watering (will vary based on rainfall) is 5 cycles per day/5 days per week during dry season and 4 cycles per day/3 days per week during wet season. Visually inspect valves, filters, and backflow preventers for malfunction or damage and repair as needed. With system running, visually inspect for PVC pipe breaks or ‘wethose’ needing repairs. Always make repairs to all PVC or ‘wethose’ pipe after flushing the pipe. After repairs are complete, turn the system on to verify that no additional work is required. The Contractor shall also conduct meter readings to verify viability of systems at least once per month Quarterly: In addition to monthly maintenance schedule, open flush ports and let water run a minimum of 3 minutes. Check filter elements for excess residual and replace if needed. Annually: In addition to monthly maintenance schedule, replace filter elements and controller batteries. Chemically flush system using ‘Dissolve’ or approved equal (this process will remove iron, calcium, and other buildup on the inside of the ‘wethose’ and PVC pipe). Accidental: Accidental damage to system – Follow the monthly procedure and be mindful to always flush the system before and after making repairs. 3.6.3 CONVENTIONAL IRRIGATION SYSTEMS Requirements for Conventional Irrigation Systems within project limits: The Contractor is to familiarize himself with the existing irrigations systems and is responsible for the repair of all components to insure a continually efficient irrigation system. This includes the adjustment of the controllers to ensure the correct amount of precipitation necessary for viable vegetative growth, minimum of 1-1/2”, always following any South Florida Water ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 42 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net Management District drought guidelines. Contractor is to perform monthly wet tests, or more frequently as required by the City, to verify viability of system, on the last Wednesday of each month. On the first day of each month report to City, in writing, indicating proper operation of each zone, required repairs, additional costs and updated run time per zone. Contractor shall ensure that all irrigation systems have 100% coverage with 50% overlap. The Contractor must follow the requirements on the City of Sunny Isles Beach Code of Ordinance § 260-10. - Year-round landscape irrigation restrictions. 3.7 PESTICIDES AND FERTILIZERS The Contractor must perform an effective commercial fertilization program. Fertilizers must be approved in advance by the City’s Project Manager(s) and must be applied in accordance with the manufacturer’s instructions. All herbicides, pesticides, and fertilizers must be on the Federal Environmental Protection Agency’s (EPA) approved list. Evidence of EPA acceptance must be provided to City Project Manager alongside manufacturer’s material safety information and instructions for acceptance and prior to use. The actual type and amount of fertilizer applied must be based on results of soil test(s), soil type, time of year, and in accordance with manufacturer’s instructions. Contractor shall perform a soil fertility test at least twice per year or before major fertilization as recommended below, at Contractor’s expense. The soil samples shall be taken in a variety of locations, ten (10) minimum in parks and facilities to determine the need for soil/plant nutrients before applying fertilizer. The fertilization needs may be adjusted based on the results of the soil sampling and with prior approval of the City. Soil test(s) must be conducted by a college or university with a specialty in land management or a commercial soil laboratory; such tests are the full responsibility of the Contractor at no additional cost to the City. In addition to the soil fertility tests, any sign of sickness or disease in trees, palms or shrubs shall be tested immediately, at the Contractor’s cost.Contractor shall perform soil test, which results must be submitted to the City, and will become property of the City thereafter. Contractor must notify the City’s Project Manager(s) one (1) week in advance of fertilizing so that the City’s Project Manager(s) can make any necessary changes to City operations or activities. Contractor must maintain records of all fertilizer usage on a Contractor provided form. This form must be filled out as fertilizing operations are performed, and all entries must be available for inspection upon request from the City’s Project Manager(s). Fertilizer must be delivered in the original, unopened containers bearing the manufacturer’s chemical analysis, name, trade name, trademark, and indication of conformance to state and federal laws. In lieu of containers, fertilizer may be furnished in bulk if accompanied by a certificate indicating the above information with each delivery. Failure by the Contractor to provide adequate fertilizer and/or insecticide shall constitute a failure to properly maintain landscaping. Resulting foliage or landscaping damage occasioned by such failure, as determined by the City, shall be replaced immediately by the Contractor at no cost to the City. Special attention shall be given to control chinch bug infestation in a timely ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 43 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net manner such that turf damage does not occur. Aerial spraying of trees, with the exception of Royal and Date Palms, is prohibited (unless otherwise directed by the City). Any spraying on top of palms must occur between the hours of 1:00 AM and 3:00 AM. Contractor must coordinate with project manager prior to spraying, with at minimum 5 days notice. Avoid spraying when residents are active. Fertilizer and insect/disease control materials shall be applied at the rates established by accepted horticultural standards, manufacturer’s recommendations, by certified specialists, and as approved by City. Contractor shall provide a list of suppliers for the fertilizer / insect control materials including MSDS (Material Safety Data Sheets) for approval by the City. Review by the City’s Project Manager(s) or Consultant shall not be deemed to be an approval that is contrary to any other applicable law or regulation. The Contractor shall apply additional fertilizer or soil amendments as needed to keep lawn and plants in a healthy, green, weed free and nutrient rich condition, at no additional charge. Applications of fertilizer shall proceed continuously once begun until all areas have been completed. The following fertilization schedule outlines a minimum of applications. Changes in fertilization rates, methods and composition must be approved by the City’s Project Manager(s) in writing. 3.7.1 LAWN (St. Augustine) Apply a minimum of three applications per year in April, July, and October. In deficient areas determined by the City Project Manager, fertilize four applications per year at quarterly intervals in February, May, August, and November until revitalized. Lawn fertilizer shall be in liquid form and have a 3-1-2, 4-1-3 (ie; 12- 6-8 or 16-4-8) or similar ratio of N, P, and K with at least 50% of the nitrogen in the water soluble, slow-release form. Fertilizer mix shall also contain iron (at least 0.5%) and other micronutrients such as magnesium, manganese, and zinc. A lower nitrogen product can be used during the summer months so as not to substantially increase growth rates. “Weed and Feed” products containing Atrazine herbicide may be used in cooler months. Products should be applied at the rate of 1 pound of actual nitrogen per 1,000 square feet of lawn area. Contractor is responsible to follow manufacturer’s recommendations for fertilization rates and quantities. 3.7.2 TREES Apply two applications per year in spring and fall of granular fertilizer or approved equal unless soil conditions or plant species dictate differently. Apply ½ pound per foot of canopy diameter or ½ pound per inch of trunk diameter at breast height, not to exceed 8 to 10 pounds per tree. Contractor is responsible to follow manufacturer’s recommendations for fertilization rates and quantities. N-P-K values of fertilizer are recommended 8-2-12, 12-4-8, 15-5-15 or other approved as appropriate per species. All trees under 5” Caliper to receive three applications of fertilizer, once each in the following months: April, July, October 3.7.3 SHRUBS AND GROUNDCOVER ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 44 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net Apply three applications per year in April, July, and October, or more as approved by City Project Manager in the case of deficiencies. Flowering shrubs are to receive applications of granular 8-10-10 SCU with micro-nutrients supplemented with liquid 16-4-8 with micro-nutrients unless soil conditions or plant species dictate differently. Non-flowering shrubs are to receive applications of granular and liquid 16-4-8 with micro-nutrients. All Ixora species shall receive TRI-NITE (or equivalent) w/minor elements fertilizer. Contractor is responsible to follow manufacturer’s recommendations for fertilization rates and quantities. 3.7.4 SEASONAL COLOR If applicable, apply one initial and one “mid-term” application of Nutricote total seventy (70) day 13-3-13 fertilizer for each seasonal color planting. Apply Snapshot pre-emergent herbicide to seasonal color planting bed at each seasonal color change. 3.7.5 PALMS Palms shall be fertilized four times per year in the months of January, April, July, and October Fertilizer to be a liquid “Palm Special Fertilizer” 8-2-12 product, with at least 50% of the nitrogen and potassium in the slow-release form, preferably sulfur-coated. Fertilizer mix shall also contain micronutrients, specifically magnesium (kieserite, at least 3%), manganese sulfate (at least 1%), chelated iron (Trachelene, at least 1%), and trace amounts (less than 1%) of boron (boric acid), copper sulfate, and zinc sulfate. For Medjool and Sylvester Date Palms, apply 6-7 lbs. per application and for Canary Island Date Palms apply 8-9 lbs. per application. Fertilizer to be applied in small piles scattered 12” to 48” out from trunk. Contractor shall follow manufacturer’s recommendations for fertilization rates and quantities for all other palms. During the two summer applications (April and July) the 8-2-12 shall be mixed with Sul-Po-Mag or K-Mag in a 1:1 ratio and applied together at the recommended rates. Apply Supplemental Sul-po-mag, K-Mag, manganese sulfate or other micronutrients, as needed, to correct nutritional deficiencies. Palms with reduced rooting space in small planters or beds, or those with extensive ground cover beneath, shall have overall fertilizer rates proportionately reduced by 1/3 to ½ and frequencies increased to 6 times per year (1 time each 2 months) to prevent phytotoxicity. Observation: It shall be the Contractor’s obligation to perform regular monthly inspections of all palms and report to the City any site condition which may be detrimental to the health and vitality of the palms. The base of palm trunks, canopy and palm leaf spears must be observed. Further, the Contractor is responsible to harvest and submit appropriate frond, spear leaf or root tissue ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 45 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net samples from palms demonstrating unusual characteristics to this approved lab, UF/IFAS for disease analysis report and forward results and recommendations to the City. Palms that show signs of distress shall be immediately top drenched, if necessary. Insect and disease activity will be treated on an as-needed basis upon inspection. Required service calls and treatment between scheduled maintenance shall be at Contractor’s expense. These reports are to be written and should be received by the City no later than ten days after each inspection. It is required that the City be notified in advance of planned treatments for disease or insects in order to allow them to witness and record the applications. 3.7.6 INSECT AND DISEASE ACTIVITY The Contractor shall control or eradicate infestations by chewing or sucking insects, leaf miners, fire ants, whitefly and other pests and disease by spraying affected grasses or 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 using Integrated Pest Management Principles. The Contractor shall be fully licensed to spray pesticides, and shall use sound cultural practices that aid in preventing the presence or proliferation of insects and diseases. The Contractor shall develop a pest management plan as part of the maintenance and service plan for approval by the City. The Contractor’s plan must establish the strategy and methods for performing the work in a safe, effective, and environmentally sound manner. Should the Contractor fail to report any disease or pest infestation that results in damage to the Site(s) under the responsibility of the Contractor, the Contractor must replace such damage, including, but not limited to, re-sodding, replacement of trees, palms, shrubs, groundcover, etc. Whitefly shall be controlled on all trees, palms, shrubs and groundcover and Contractor shall develop preventive measures in the pest management plan. Contractor is responsible to monitor infestations during the daily servicing and inspection of the site(s). 3.7.7 SPECIALTY PALM/TREE CARE Specialty palms such as Dates Palms, Royal Palms, Bismark Palms and other specialty foliage shall be treated with preventive chemicals per each individual need to properly maintain them. This includes pest infestation, fungicides and deficiencies. Any specialty palm or other trees damaged due to over/under treatment shall be the responsibility of the Contractor and all damaged material shall be replaced within one (1) week of the damage being noticed, at the Contractor’s expense, at no cost to the City. Aerial spraying on top of palms must occur on weekdays between the hours of 1:00 AM and 3:00 AM. Avoid spraying when residents are active. The following outlines a minimum of applications. Insect Control: In January, April, August and November, inspect terminal bud of all palms for signs of boring/chewing insects. If evidence of ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 46 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net a nest is discovered, drench terminal bud with Orthene, Imidacloprid or Safari or Lindane six times per year or as needed to control insect infestation (Lindane is to be used in limited amounts and only if evidence of beetles is present). The applications assume a continuing boring insect presence on site. OTC Injections: Upon evidence of LY (lethal yellowing) or TPPD (Texas Phoenix Palm Decline) inform the City immediately and upon approval by the City, begin injections per label rate, per palm, of OTC tree injection formula (Tree Saver Inc. or equal). Follow manufacturer’s recommendations re: injection method and frequency. OTC injections are on an “As Needed” basis and will be considered a “Supplemental Service.” Date Palms (Phoenix dactylifera, Phoenix canariensis & Phoenix sylvestris): Date Palm pest control contractor must be a State of Florida licensed pest control operator with a minimum of five years of experience in this type of work with Date Palms in South Florida. Disease Control: Three times per year all Date Palms will be treated with a systematic fungicide(s) labelled for Fusarium, Pithium, and Phythophthora. These applications will be performed as a root/soil drench during the months of March, July, and November and are considered to be preventive maintenance. Contractor is responsible to follow manufacturer’s recommendations for rates and quantities. Soil/root drench utilizing “T-Storm” or “Cleary’s 3336” fungicide combined with either “Subdue Max” or “Chip-co-Aliette” and “Mancocide”. For every other application alternate between Subdue and Aliette. Take steps to ensure that the fungicide doesn’t run off but is instead absorbed into the root system. In the event Thielaviopsis paradoxa is identified in any of the palms and/or has infected a palm in close proximity to the subject palms, commence top to bottom trunk drenches utilizing T-Storm OR Cleary’s 3336. Perform these trunk drenches concurrently to the root/soil drenches. Continue this requirement until such time as infected host palms have been removed from the proximity of the subject palms. Top to bottom fungicide trunk drenches are on an “As Needed” basis and will be considered a “Supplemental Service.” Should symptoms of Ganoderma develop on any palm, diseased palms shall be immediately removed and discarded in a landfill. If Ganoderma is detected in the form of visible conks, to mitigate the risk of disease translocation, immediately ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 47 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net drench the entire conk with undiluted Chlorine bleach and then carefully separate them from the trunk, contain them in a ziplock bag and discard them at a landfill. Remove the host palm from the site as soon as possible. Contractor shall regularly inspect all palms for the presence of conks. Should any evidence or suspicion of the presence of Ganoderma become evident, Contractor shall immediately notify the City. Palms that express symptoms or suspected symptoms of disease such as phytoplasma, lethal yellowing, etc. shall be immediately sampled and sent the the University of Florida Plant Disease Diagnostic Clinic. Follow UF/IFAS recommendations for 'Sampling Palms for Lethal Yellowing and Texas Phoenix Palm Phytoplasmas,' https://edis.ifas.ufl.edu/in1197. Royal Palms: As a preventative measure, apply a Merit systemic insecticide root drench on all Royal Palms with a follow-up within 21 days, twice per year. In addition, apply a foliar application of Imidacloprid or Safari or approved equal, once per year in February to prevent summer infestations. Drench head of palm until runoff occurs and repeat foliar spray within 21 days. Follow manufacturers’ recommendations regarding application methods and rates. It is the responsibility of the Contractor to perform monthly evaluations of all Royal Palms to keep them healthy. 3.7.8 LAWN (St. AUGUSTINE) Insects and fungus shall be controlled by both curative and preventative measures. Spray all lawn areas, as required, for control of chinch bugs, army worms, sod webworm, fungus, and other pests. Unless specifically approved by the City, only liquid pesticide applications are to be used for chinch bug control. 3.7.9 TREES, SHRUBS AND GROUND COVER Treat trees, shrubs and ground cover, as needed, with the most appropriate selective pesticide for the targeted pests. Follow manufacturer’s instructions for application, using Integrated Pest Management Principles. It is the Contractor’s responsibility to perform monthly evaluations of all trees, shrubs and ground cover and treat as needed to keep them healthy. 3.7.10 HERBICIDE APPLICATIONS Contractor may use selective herbicide by means of spray type to aid in the control of unwanted weeds and vegetation. Use and application must be in strict compliance with the manufacture’s label directions. 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 herbicide ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 48 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net manufacturer’s recommended rates and applicable Federal, State, County and Municipal regulations. Contractor must only utilize herbicides registered by the EPA and the Florida Department of Agriculture and Consumer Service’s Bureau of Pesticides, and as approved by the city. The use and application of any pesticides must comply with Chapter 487 of the Florida Statutes and Chapter 5E-2 of the Florida Administrative Code. The Contractor is required to obtain prior written approval as to the type, location and method of applications from the City’s Project Manager(s) prior to the use of any herbicides. Any proposed changes in approved herbicide usage must be submitted for the City’s Project Manager’s approval at least five (5) working days in advance of the anticipated usage. The Contractor shall exercise extreme care so as not to overspray and affect areas not intended for treatment. Areas adversely affected by such overspray shall be the responsibility of the Contractor and all damaged material shall be replaced, within one (1) week of the damage being noticed, at the Contractor’s expense. Contractor must maintain records of all herbicide usage on a Contractor provided form. This form must be filled out as weed control operations are performed, and all entries must be available for inspection upon request from the City’s Project Manager(s). NOTWITHSTANDING ANY LANGUAGE IN THIS CONTRACT, ALL CHEMICAL APPLICATIONS SHALL REQUIRE WRITTEN APPROVAL BY THE CITY PRIOR TO APPLICATION. CONTRACTOR SHALL SUBMIT YEARLY, QUARTERLY, AND MONTHLY CALENDARS FOR APPROVAL PURPOSES RELATING TO CHEMICAL APPLICATIONS AND LOCATIONS. 3.8 MANGROVE CONSERVATION AREA MAINTENANCE Contractor is responsible for the maintenance of the mangrove conservation areas. The Contractor shall remove all litter, debris and selectively remove and/or treat invasive non-native plant species by such methods as manual removal, mechanical removal and/or selective herbicide application. All dead and decaying plants shall be removed from the conservation areas. Remove, haul, and dispose of all litter, debris and invasive non-native plant material to an approved location. Disposal shall be done in a Florida Department of Environmental Protection (FDEP) approved manner that will not encourage re-infestation by the invasive species and comply with all applicable state and local codes. The Contractor shall be selective in herbicide application procedures to control invasive plant species and assure survivability of mangroves and native species. Invasive species are defined as plants included on the FDEP’s List of Prohibited Aquatic Plants, the Exotic Pest Plant Council’s List of Florida’s Most Invasive Species (latest edition). Herbicide application will be performed by a Florida Department of Agriculture and Consumer Services (FDACS) licensed commercial applicator certified in Aquatic Pest Control application and Right of Way. All herbicide applications must be supervised by a certified herbicide applicator. Any herbicide solution shall comply with all applicable regulations in accordance with FDEP and Miami-Dade County Department of Regulatory and Economic Resources (DRER) and the manufacturer’s label at all times. Obtain agency authorization ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 49 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net before using herbicides in a mangrove area. Due to the sensitivity of these areas, a Professional Mangrove Trimmer (PMT) shall be on site to monitor the maintenance in these areas. Contractor is responsible for avoiding adverse impacts to mangrove root systems and seagrass. The removal of invasive non-native plant material shall not defoliate, remove or destroy mangroves. Contractor is responsible for maintenance and safe operation of all necessary equipment at all times. 3.9 WEED CONTROL The Contractor must perform weed control to prevent the encroachment of weeds into established turf and landscaping, including grass areas, around trees, shrubs, hedges, flower beds, sidewalks, fencing, paved areas, drains, walls, concrete areas, etc. 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 as to expose the underlying soil. Landscaping, including all annual flower beds, must receive weed control to eliminate unsightly and/or noxious weeds and are to be maintained free of weeds and grass. No weeds shall be visible in any landscape beds at the end of each month. This means complete removal of all weed growth shall be accomplished at each service visit. Weeds are to be manually removed from shrub, hedge, groundcover, or flower beds unless mechanical or chemical means are approved by the Project Manager ahead of time. Use of line trimmers in mulched areas shall be considered contrary to Accepted Standard Industry Maintenance Practices. Any damaged plant material resulting from use of line trimmers to be replaced in kind. All ditch lines must be line trimmed and weeded to prevent tall weeds or grass from showing above ditch. The Contractor must trim and/or mow as far over the edge of the ditch line as possible to prevent this occurrence. Weed control must be performed to eliminate grass and weeds in cracks and joints within or along sidewalks, jogging paths, curbs, parking lots, fences, in expansion joints, catch basins, gutter areas, etc. At no time should there be any visible weeds left to die in sidewalk cracks, curbs, flower beds, mulched areas, parking blocks and parking lots/areas, or fences. If herbicides are used, weeds are not to be left, to die or dead, in mulched areas or flower beds, creating an unsightly appearance. For trees and palms within lawn areas, herbicide must be kept 2” away from trunk. Do not spray tree leaves, suckers or open wounds. Do not use string weed- eaters or string trimmers for trees and palms within lawn area to avoid trunk damage. All vines growing along or on fences, walls or poles must be removed unless the City’s Project Manager(s) directs in writing that they are to remain in a specific area. Turf must be free of the following, or similar, undesirable vegetation alone or in combination and as further identified in the IFAS Extension Book, “Weeds or Southern Turfgrasses” from the University of Florida as follows: Annual, Purpler, and Yellow Sedge; Broomsedge; Castor Bean; Crowsfoot; Dogfennel; Goosegrass; Johnsongrass; Maiden Cane; Ragweed; Rhodegrass; Sandspur; Spanish Needle; Torpedo Grass; Tropical Soda Apple; Vaseygrass; White Clover; Dollarweed; Florida Pusley, Large Pusley. Weeds are to be mowed, trimmed, or edged from turf areas as part of turf ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 50 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net care operations. If it is determined by the City that the landscape maintenance personnel responsible for the 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 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. 3.10 TREE & PALM MAINTENANCE All pruning shall be in accordance with the American National Standards Institute ANSI A-300 standards and practices. Tree maintenance must be under the direct supervision of an ISA certified arborist. A tree maintenance schedule developed by an ISA certified arborist shall be provided to the City in writing within (14) days after award of contract as part of the Maintenance and Service Plan. An ISA certified arborist must perform tree health inspections and tree maintenance recommendations quarterly. These quarterly inspections shall be attended by City Project Manager and a written report of findings with photographs of any deficiencies found to be submitted to the City. All work shall be performed by workers trained in accordance with ANSI Z133.1 safety regulations as required by OSHA. Maintain integrity of original design when trimming. Cuts shall be made with sharp and proper tools. On trees or palms known to be diseased, disinfect tools after each cut and between trees. Prune only at the time of season proper for the variety. Pruning of trees and palms shall only take place after submission of reports and receiving approval from the City. All tree, palm and shrub pruning are included in this Contract. The Contractor shall maintain integrity of original design when trimming and shall not box plants whose habits of growth do not lend themselves to this type of trimming. The Contractor shall not use a machete for trimming and no plant material shall be trimmed using weed eaters. The contractor shall haul away all trimming debris from site, and properly dispose of at Contractor’s expense. The Contractor’s ISA certified arborist is responsible to analyze and identify all plant healthcare issues. If a plant is in decline, the Contractor is responsible to take the necessary samples (ie: tissue, soil, etc.) to the reputable lab UF/IFAS, to insure accurate diagnosis and treatment. 3.10.1 TREES Prune, thin, and trim all trees once per year, to keep the trees healthy, to maintain the natural character of the variety, to control shape and to prevent crowding. Pruning shall consist of the removal of dead, broken, fungus infected, superfluous and intertwining branches, vines, “V” crotches with included bark,and the removal of dead or decaying stumps and other undesirable growth. Selectively prune all mature trees over 20’ height and adjacent to walks and vehicular areas to a minimum of 12’ of clear trunk, and maintain minimum of 8’ clear trunk for all other trees in accordance with Tree Care Industry Association and Miami-Dade County standards and practices. Remove sprouts or stems to maintain single trunk on single-trunk trees, as needed. Contractor must be responsible for the removal of water-sprouts/suckers growing from trees in areas where landscape maintenance is being conducted, up to the height of 8 feet, as needed. No pruning will be done immediately following growth flushes, branches will be pruned just outside the branch collar, and pruning paint will not be applied. Sucker growth will be removed as needed by hand from the base of trees and no herbicide will be used for this ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 51 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net purpose. Prune only at time of season for the variety. Shape the top of small trees as needed. Tree pruning will also be required from time to time due to damage from storms, frost or when blocking sight distances. All growth that interferes with the movement of vehicle or pedestrian traffic, signage, or lighting shall be pruned. Nuisance growth, including dangerous thorns, spikes, or appendages which show potential conflict with people shall be pruned. All tree pruning shall follow the ANSI A-300 and ANSI Z-133 standards and Miami-Dade County Tree Ordinance, etc. Contractor is responsible to prune mangroves if needed or requested by the City. Contractor is responsible for obtaining any required permits and licenses from Miami- Dade County DRER and other agencies to properly prune mangroves. 3.10.2 PALMS Remove dead, dying and hanging fronds from palms, as needed, for clean appearance. Fronds removed shall be severed close to the petiole base without damaging live trunk tissue. The Contractor shall prune Coconut Palms (frond and fruit removal) a minimum of four times per year and other palms (frond and fruit removal) a minimum of three times per year to remove lower hanging fronds and fruit between 9 and 3 o’clock position, or more often as needed to keep free of fruit and/or dead hanging fronds, or as directed by City. Do not remove fronds that do not hang below a line parallel to the ground. Do not over-prune palms by removing live green fronds. Never pull or rip off palm fronds. The hurricane or candle cut pruning of palms is not allowed, also the use of climbing spikes is not allowed. When pruning palms, thoroughly sanitize pruning tools using chlorine bleach or isopropyl alcohol before use on site and in between each palm to mitigate the risk of disease translocation from site to site and/or from palm to palm. Prune all Date Palms two times per year (May and October) to remove Date Palm seeds and lower fronds, or more often as needed to keep free of fruit and/or dead hanging fronds as directed by City. When pruning Date Palms, thoroughly sanitize pruning tools using chlorine bleach or isopropyl alcohol before use on site and replace blades with new blade in between each palm to mitigate the risk of disease translocation from site to site st and/or from palm to palm. Prior to hurricane season (June 1): Prune Date Palms as follows: Prune seed stalks cutting the stems to within 6” of trunk and two lowest sets of fronds on palms that have been established on site for more than two years. Remove all of the inflorescence/date stalks. At no time shall Date Palm fruit droppings litter sidewalks, streets or landscape areas. Prune coconut palms as follows: Prune coconut palms minimum two (2) times per year (Pre-flowering and post flowering). Remove fruit, seedpods, and fruit stalks as needed to keep tree free of these items. Remove lower fronds where any portion of the frond hangs below the horizontal plane parallel with the ground. Do not remove healthy fronds above the horizontal plane unless encroaching upon utilities. Dead fronds, fronds with less than 50% green growth, fruit, seedpods, and fruit stalks shall be cut ½ inch away from the palm’s trunk. Clean cut with a sharp tool to prevent shredding of frond stalk. Contractor to ensure trunk remains undamaged. ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 52 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net Use of palm spikes to climb is not allowed. If fruit is not removed in a timely fashion and causes staining on sidewalks, streets or amenities, the Contractor shall immediately clean these areas at their own expense. Using palm spikes to climb is not allowed. 3.10.3 HURRICANE SEASON PREPERATION (PALM TREES) During such time as are designated by the United States Weather Bureau or Miami-Dade County as being a severe weather event, including a hurricane or tropical watch or warning, the Contractor, at no cost to the City, must take all precautions necessary to secure any Work in response to all threatened storm events, regardless of whether the Contractor has been given notice of same, in accordance with the Miami-Dade County Code. Compliance with any specific severe weather event or alert precautions will not constitute additional work. In the event of a severe weather event, the City must be a priority client to the Contractor. Contractor’s project manager shall coordinate with City Project Manager prior to Hurricane Watch / Warning is issued to confirm all sites with current work are cleared. 3.11 SHRUB & GROUNDCOVER MAINTENANCE Shrub and groundcover material shall be pruned a minimum of once per month to ensure the best shape, health and character of the individual plant if needed. Mechanical trimming may only be used when the health or appearance of the plant will not be damaged by the mechanical trimmers. Groundcover plants shall be selectively cut back to encourage lateral growth and kept in bounds and out of other plantings. Cut back overgrowth of shrubs and groundcover that extends into the right-of-way preventing clear line of sight. Contractor shall fertilize, water (as necessary), trim, eliminate weeds, add or replace mulch around all shrub and groundcover beds within all of the Work areas and repair or replace damaged or dead landscaping. Dying or dead shrubs, hedges, plants and flowers shall be replaced at no cost to the City unless the condition of the landscaping is due to an outside third party, force majeure, or directly by the City’s representatives. Examples include damage due to vehicular accidents, third party pruning, hurricanes, etc. Keep areas surrounding the base of bromeliads and cups free from leaf debris and hardwood mulch. Remove dead leaves at base to give clean appearance. Remove mother plant after the flower spike has declined. When pups become approximately 1/3 the size of mother plant, divide pups and re- plant. Dust with snail bait if needed and dust soil with timed release fertilizer as needed. Do not allow micro-nutrients to drift into bromeliads and do not overwater. Every year, depending on growing conditions, remove all the mother plants and replenish the planting bed soil and replant that seasons pups for all clumping species such as Aechmea species, Neorgelia species, etc. ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 53 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 3.12 BUTTERFLY GARDEN SPECIALIZED MAINTENANCE Contractor is responsible to maintain the Butterfly Garden at Gateway Park in a manner that will promote a healthy landscape and shall be attended to on a daily basis. All shrubs and groundcover plants 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. All shrubs and groundcover shall be pruned to insure the best shape, health and character of the individual plant. Groundcover plants shall be selectively cut back to encourage lateral growth and kept inbounds and out of other plantings, walkways, lighting, etc. All pruning shall be done by hand and flowers deadheaded to promote new growth. Mechanical trimming may not be utilized. Weeds are to be completely removed by hand from all shrub, hedge, ground cover or flower beds everyday. Chemical weed killer is prohibited. A minimum of once a year, the soil shall be amended. The soil amendment shall be included under Supplemental Services. Butterflies are sensitive to pesticides, therefore, natural products such as insecticidal soaps or plant-based oils shall be utilized, if needed, with the approval of the City's Project Manager. The Contractor is required to meet with the City's Project Manager and/or designee to review the Butterfly Garden maintenance on a weekly basis. 3.13 MULCH Mulch shall be certified arsenic free, Premium Gold, Grade ‘A’ Mulch or approved equal (provide evidence of type and grade of mulch to City prior to delivery for approval). Contractor shall maintain a maximum depth of 3” of mulch around landscaping beds including tree rings. If trees or shrubs are mulched too heavily it is detrimental to the plant. Contractor shall remove excess mulch while taking care not to injure the plant. Mulch shall be installed so as to not be within 4” of base of tree trunk (trunk and flare should be visible) and 1” below adjacent curbs and pavement. Mulch shall be laid evenly and Contractor shall be careful not to cover any ground landscape lighting or irrigation heads. Contractor will provide and install all required mulch at the contract unit prices established in the Contract as requested by the City. Mulch is on an “as needed” basis and will be considered a “Supplemental Service.” 3.14 SOD MAINTENANCE / MOWING Properly maintained grass and vegetation provide a pleasing appearance and proper ground cover for recreational areas are essential elements of a healthy community. More vitally, this presents less chance of defects and potential safety problems, including a reduction in possible injuries during recreational activities, as a result of improperly maintained turf. If sod is deteriorating due to excessive use, it is the Contractor’s responsibility to immediately inform the City to obtain approval to temporarily close that portion of park to allow sod to regenerate. City shall approve so as not to disrupt general use of the park. ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 54 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net All St Augustine, Bahia and Bermuda turf must be maintained at a uniform height. Turf cutting is to be accomplished free of scalping, rutting, bruising, uneven and rough cutting. If this occurs, the Contractor may be asked to re-cut the area(s), as determined by the City’s Project Manager(s), at no additional cost to the City. The Contractor’s Maintenance and Service Plan must include the mowing schedule for St. Augustine including the minimum number of mow cuts required. The standards for mowing are: 3.14.1 Contractor must pick up and dispose of litter, leaves, debris (not limited to bags, cans and paper) prior to mowing. This litter and debris includes but is not limited to glass, rocks, dead foliage, metal, branches, paper, plastic items, palm fronds or other debris subject to becoming a projectile if engaged by a mower. The associated cost must be included in the cost of mowing. 3.14.2 Use string trimmers for areas not accessible to mowing equipment. Trim around poles, guardrails, fence posts, and other fixed objects. Trimming must be done in such a way as to avoid damaging the trunk, bark, or roots of trees and shrubs, fence posts, poles, guardrails and other fixed objects. Contractor shall be responsible for replacing or repairing damaged vegetation and fixed objects including chipped paint due to string trimming. Do not use string trimmers adjacent to trunks to avoid trunk damage. All cuttings must be removed after trimming. 3.14.3 There must never be visible rows or clumps of turf clippings allowed to remain on turf areas that have been cut. Grass clippings may be mulched to remove clumping or reduce visibility, or the clippings must be removed from the site. No turf clippings or trimming must be left in any of the flower beds, mulched areas, or paved areas. Sidewalks and other paved areas must be swept or vacuumed free of any resulting dirt and debris. 3.14.4 Grass/Turf must be free of bare ground, which is defined as any single area of five (5) square feet without vegetation. Bare grass areas must be restored and re-sodded and soil conditions improved at no cost to the City. All stones and rubbish that appear on the surfaces must be removed. The areas must be sufficiently watered to promote growth. Areas damaged by disease, vehicular traffic, removal of vegetation, erosion or construction, must be restored and re-sodded as approved by the City’s Project Manager(s) to match the existing turf. The Contractor must perform soil testing and sampling at the City’s Project Manager’s request, which must be conducted by a college or university with a specialty in land management or a commercial laboratory; such tests are the responsibility of the Contractor. 3.14.5 St. Augustine grass shall be mowed with a rotary mower for a minimum of (45) cuts per year or more frequently as needed to maintain a well-manicured appearance at all ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 55 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net times. During the growing season (May through the end of September), St. Augustine grass shall be mowed once per week. The cutting height shall be a maximum of 3 ½” to 4” above soil. 3.14.6 Bahia grass shall be mowed with a rotary mower for a total of (36) cuts per year or more frequently as needed to maintain a well-manicured appearance at all times. The cutting height shall be a maximum of 4” to 4.5” above soil. 3.14.7 The mowing of wet grass shall be avoided when possible. Mower blades must be kept sharp so that the cut grass edge is clean and not ragged. Mowing patterns shall be changed frequently to avoid ruts or wear. Wind-row mowing patterns are not permitted. 3.14.8 The Government Center and School shall be mowed on Saturdays only. 3.14.9 Shallow tine slice aeration shall be performed at least twice per year to provide proper air and water exchange for maximum growth potential and health of St. Augustine turf in parks only. Aeration shall result in a hole depth of 5 inches with average spacing of 16 holes per square foot. In areas with noticeable compaction and wear, additional aeration will be required at no additional cost. Coordinate dates for this work with the City. Contractor is to check the depth of any wires, irrigation or utilities prior to application. 3.15 SPECIAL CONDITIONS FOR BERMUDA TURF (NOT APPLICABLE AT THIS TIME) Bermuda turf shall be vibrant, healthy, green, thatch free and nutrient rich at all times. Apply high quality commercial fertilizer and soil amendments to maintain best horticultural practices and standards for major and minor nutrients, and optimum soil pH levels year-round to ensure healthy and vibrant Bermuda turf as defined by the City, at its sole discretion. Contractor shall complete a minimum of (4) soil analyses per year to verify the major and minor element requirements as well as pH levels, and adjust fertilizer application and soil amendments as needed to maintain year- round healthy and vibrant turf, subject to City approval. Submit all soil analyses to City for review. 3.15.1 MOWING BERMUDA TURF The mowing of Bermuda turf is not to exceed 1 ½” and not below 1” or as directed by City with a reel type or rotary type with contour deck mower. Remove all clippings and thatch after each cut. Cutting blades and bed-knife shall be washed down before and after each use to prevent the spread of spores, weed seeds and other contaminants. Mow and edge all Bermuda turf a minimum of two (2) times per week, including weekends (104 cuts per year). Turf shall be cross-cut and direction shall be changed weekly. 3.15.2 FUNGUS & INSECT CONTROL Insects and fungus in Bermuda turf shall be controlled by both curative and preventative measures. Apply fungicide at the first symptoms of fungal presence in Bermuda turf. Follow manufacturer’s instructions for application methods and amounts. Turf shall be maintained to remain 100% fungus free year-round. ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 56 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net Apply ‘TopChoice’ manufactured by Bayer or approved equal for fire ant and mole cricket control two times per year minimum on Bermuda turf. Timing will be critical on mole cricket applications and frequencies or application will be as needed to successfully control their infestations. Nematode samples will be taken at least two (2) times per year and action shall be taken per the recommendation of the lab results to control the populations. Follow manufacturer’s instructions for application methods and amounts. Any turf damaged due to over/under treatment shall be the responsibility of the Contractor and all damaged material shall be replaced, within one (1) week of the damage being noticed, at the Contractor’s expense, at no cost to the City. Turf shall be maintained to remain 100% pest free year-round. 3.15.3 FERTILIZATION For fertilization on Bermuda turf, the Contractor shall apply Polyon 22-0-22 slow release fertilizer with 67% Ronstar manufactured by Harrell’s. The granular fertilizer shall have an analysis N-P-K ratio of 1-0-1 applied every 90 days (4 times per year). Products should be applied at the rate of 2 pounds of actual nitrogen with 2 pounds of Ronstar per 1,000 square feet of lawn area. Granular applications may be adjusted based on soil tests. The Contractor is responsible for contracting with a laboratory approved by the City, to complete two soil analyses per year to verify the minor element requirements, and adjust fertilizer application as needed. The Contractor will submit soil analysis to City for review. Micronutrients and supplemental macronutrients to be determined by soil and tissue tests. All micronutrients and supplemental macronutrients should be applied as a liquid form for foliar uptake. Contractor is responsible to follow manufacturer’s recommendations for fertilization rates and amount. 3.15.4 AERATION, VERTICUTTING, SLICING Shallow tine slice aeration shall be performed at least every other month (six times per year) to provide proper air and water exchange for maximum growth potential and health of Bermuda turf. Aeration shall result in a hole depth of 3-4 inches with average spacing of 16 holes per square foot. Deep tine aeration, minimum 8” deep, shall be performed twice per year. In areas with noticeable compaction and wear, additional aeration will be required at no additional cost. Coordinate dates for this work with the City. Contractor is to check the depth of any wires, irrigation or utilities prior to application. Verticutting must be performed once a year and thatch build-up needs to be monitored and alleviated when necessary. De-thatching should be maintained at a depth of ¼” – ½” of depth and thatch shall be collected and disposed of by the Contractor. 3.15.5 WEED CONTROL For weed control, on Bermuda turf, the Contractor shall apply Sencor 75 Turf herbicide and Revolver Selective herbicide by Bayer or approved equal to maintain a 95% weed free turf, following the manufacturer’s instructions for application methods and amounts. Visible weeds shall be removed by hand before the base reaches more than one inch in diameter. ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 57 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 3.16 EDGING Sidewalks, driveways, curbs, and other concrete or asphalt edges must be edged concurrently (same day) with each mowing cycle. Edging height must match surrounding area turf heights and must be neat and clean, providing a clear zone free of scalping, rutting, bruising, uneven or rough cutting. All sidewalks, driveways, street edges, curbs, and other hardscaped areas must be edged to maintain a clear zone immediately adjacent to paved surfaces and to provide uniform edge lines. In addition, the following edging standards have been established: Edging must be performed at the same time as mowing and must be cut to the same height standards established for turf mowing heights. Contractor must maintain the shape of planting beds when edging. No vegetation or debris may encroach onto the curb or sidewalk. No deviation of soil height of more than 4” above or 2” below the top of curb or sidewalk. No grass, vegetation, or debris may encroach onto a path. No encroachment of vegetation more than 3” over mulch on trees and landscape beds. Edging may be accomplished by mechanical (cutting or trimming by machine) and/or chemical control. The use of any chemicals must be subject to the approval of the City’s Project Manager(s) in accordance with the requirements of the Contract Documents. The Contractor shall use caution when applying chemicals in order that adjacent plant material will not be adversely affected. The contractor is to ensure that proper attention is given where tree roots are in close proximity to curbs and sidewalks. Extreme care must be exercised to prevent damage to concrete during the edging process. Trees or shrubs damaged through edging by the contractor to be repaired or replaced in kind, at the discretion of the Project Manager or City Consultant, at no cost to the City 3.17 BUS SHELTER & BENCH LOCATIONS The Contractor shall provide a well maintained, safe, clean, and attractive bus shelter and bench locations at all times keeping all benches, trash receptacles, concrete pads, pavers, shelters and surrounding areas clean and free of all foreign debris, mineral deposits, graffiti, trash, litter, cigarette butts, newspapers, gum, food, cups, stickers, posters, stains, spills, spotting, weeds, overhanging trees, bees, insects, spider webs, etc. This includes cleaning the glass panels of all bus shelters so that it is clean and free from mineral deposits. All bus shelters or benches shall be cleaned and wiped down once per month or more often as needed. All areas shall be patrolled and maintained 7 days a week, including all weekends and holidays. All trash receptacles shall be emptied on a daily basis, seven days a week including all weekends and holidays. The Contractor shall conduct a visual check of each area and immediately report to the Project Manager(s) items needing special repair or attention including bus shelter damage and missing signs. There are (3) extra-large, (35) large, (8) small bus shelters located throughout the City. The quantities are subject to change during the term of the Contract and the contract cost will change accordingly, based on unit prices. ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 58 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 3.18 LINE TRIMMING Turf must be line trimmed, using line trimming or other standard industry practices or sprayed in a manner that does not leave dead or dying grass in areas around trees, shrubs, buildings, fences, light poles, sign posts, fire hydrants, picnic tables, benches, parking lot bumper blocks, boulders, or other fixed obstacles. Line trimming must be performed concurrently (same day) as turf mowing. Trimming height must match surrounding area turf heights. Trimming around trees should be done so as to leave a neat tree ring appearance. Trees or shrubs damaged as a result of line trimming must be replaced or repaired by the Contractor. If vegetation should die or become unhealthy due to line trimming damage, the Contractor will be responsible for replacing the damaged vegetation with the same species and size at no cost to the City. Trimming must be done in such a way as to avoid damaging the trunk, bark, or roots of trees and shrubs, fence posts, poles, guardrails and other fixed objects. Contractor shall be responsible for repairing fixed objects including chipped paint due to line trimming. All cuttings must be removed after trimming. 3.19 CATCH BASINS No fuels, oils, solvents, or similar materials are to be disposed of in any catch basins. The Contractor must closely adhere to Federal Environmental Protection Agency requirements, and is responsible for all non-compliance penalties. 3.20 GRAFFITI REMOVAL The Contractor shall advise City for authorization/ pre-pre-approval before commencing graffiti removal. The Contractor may provide graffiti removal from all site furnishings, retaining walls, utility boxes and vaults, barrier wall of William Lehman Causeway and Sunny Isles Blvd. Causeway. The Contractor shall assess each surface for the most efficient and effective method of removal with the least impact to the structure and the environment. Methods shall include wipe-off with solvent, commercial self-contained power washing and/or paint-over with closely matched paint with paint sprayer or roller, as directed by the City. The removal of graffiti shall receive high priority and should be addressed within one business day of notice of work to be performed and the work must proceed continuously and expeditiously until the work is complete. The Contractor is responsible for immediately notifying the City of any graffiti found during the regular servicing and inspection of the City. Graffiti removal shall include the barrier walls of the William Lehman Causeway and Sunny Isles Blvd. Causeway. Graffiti removal is on an as needed basis and will be considered a “Supplemental Service.” 3.21 LITTER/DEBRIS REMOVAL Litter removal is performed for aesthetic and safety reasons. It is desired to present a pleasing appearance and environment to the patrons of our parks, beach as well as to motoring and pedestrian traffic within the City, but it is more important to provide safety. Litter in the parks and adjacent swale areas, roadways, cul-de-sacs, landscaped areas and swales is to be removed prior to mowing or edging in order to reduce the possibility of hazards to those using the parks, motorists, pedestrians, and the equipment operators. ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 59 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net The Contractor must perform litter and debris removal in all areas where Work is performed. Responsibilities must include, but not be limited to, the removal and disposal of all natural debris (tree limbs, palm frond, leaves, fallen trees, dry brush, dead animals, etc.) and man-made debris (tires, tire pieces, plastic bags, bottles, lumber, building materials, furniture, shopping carts, household items, vehicle parts, metal junk, packaging materials, campaign/advertising or other signs and postings, etc.). Leaves must be removed from all turf areas, gutters, sidewalks, pathways, and paved areas. Landscape lighting shall be wiped down, blown off or vacuumed as needed to prevent accumulation of clippings and dead insects. The Contractor shall properly and legally dispose of any dead animals located within the City limits when discovered by the contractor or when requested to do so by the City. The animal must be removed within six hours of the request if the request is made between 5:00pm and 7:00am and within two hours if the request is made between 7:00am and 5:00pm. The Contractor shall collect shopping carts from public property and return them to the owner on a daily basis. The Contractor must sweep all driveways, parking areas and sidewalks where turf cuttings and trimmings are evident as well as any dirt or stones resulting from the Work and remove the trimmings, dirt, and stones from the premises. The Contractor shall use mechanized leaf vacuums to remove all debris from all walks, drives, roads, and pedestrian areas, as often as requested by City, and shall remove all excess soil, trimmings, debris, and equipment from site after each visit. Contractor must properly dispose of all litter and debris at off-site locations in accordance with existing local, state, and federal regulations, at Contractor’s expense. City dumpsters or other containers are not to be used for disposal of any litter, debris or turf trimmings. The Contractor shall empty and dispose of contents of all trash containers in all rights-of-way, government facilities, and parking lots twice per day, seven days per week including all weekends and holidays. All trash shall be removed off-site daily, no dumpsters shall be stored within City limits. Litter and debris removal within the rights-of-way on Collins Avenue and all areas within 10’ from back of sidewalk on the west side and 5’ from back of sidewalk on the east side from 195th Street to 156th Street, to include the two landscaped parcels on the west side of Collins Avenue at the eastern end of the William Lehman Causeway, including walk thru at 191st and Collins Avenue, and the 2 parcels north and south of 189 Street, and the north and south sides of Sunny Isles Blvd., including the Business Loop, and including Oceania Park at 16320 Collins Avenue. The Contractor shall empty and dispose of contents of all trash containers in all beach access paths once per day, seven days per week including all weekends and holidays. In addition, the Contractor shall empty and dispose of contents of all trash containers (including fish guts) at the Pier Park Fishing Pier twice per day on Saturday and Sunday, including holidays, in the morning between 7:00 am and 10:00 am and in the evening by 6:00 pm. All trash shall be removed off-site daily, no dumpsters shall be stored within City limits, including fish guts trash removal. ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 60 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net Contractors are not allowed to park overnight in city property. Contractor must notify the Project Manager(s) of any debris or any other situation(s) that create a hazardous condition. All debris removed from the City of Sunny Isles Beach is to be disposed of at an off-site EPA and State of Florida approved dumping site, at Contractor’s expense. 3.22 MATERIALS All materials supplied and used by Contractors shall be the best kind available and used in accordance with manufacturer's instructions. 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. 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, at no cost to the City, within (10) calendar days upon discovery by the Contractor or notification by the City. Plants which are not in a healthy growing condition that renders them below the minimum quality standard (Fla. #1 based upon the most recent publishing of “Florida Grades and Standards Manual for Nursery Plants”), and/or plant material is dead shall be replaced. 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 final approval by the City. After the (10) day replacement period, the City may perform the work and withhold monies due to the Contractor for materials and labor costs. Size, Quality and Grade of Replacement a. Replacement material shall be of the same brand, species, quality and grade as that of the material to 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, if for 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. b. Plants shall be sound, healthy, and 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. ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 61 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net c. Any soil supplied by Contractor shall be good, clean, friable top soil (or planting soil mix), free from any toxic, noxious or objectionable materials. including rocks, lime rock, plant parts or seeds. d. All trees shall be measured six (6) inches above ground surface. e. Shape and Form: Plant materials shall be symmetrical, and/or typical for variety and species. f. All plant materials must be provided from a licensed nursery and shall be subject to acceptance as to quality by the Project Manager or City Consultant. g. Replacements shall be guaranteed for (1) year or the length of the Contract, whichever is greater. h. The Contractor shall be responsible for hand watering the replacement (if required), for 42 calendar days after planting at no additional charge to the City. END OF SECTION ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 62 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net SECTION4 RECURRING MONTHLY PARKS 4.1 BASIC SERVICES (RECURRING MONTHLY) The basic services listed within this section are services to be conducted on a routine schedule as outlined in the Contractor’s Maintenance and Service Plan and approved by the City. This section is to include the supplying of all necessary personnel, materials, supplies, labor, supervision, equipment, fuel, and other miscellaneous necessities to fully maintain the general condition of the City’s parks, recreational facilities and beach access areas to a superior level that will meet or exceed the Performance Standards and Technical Specifications in accordance with Section 3 and all requirements of the Contract Documents. This work shall include, but not be limited to, weeding, mowing, turf maintenance, edging, pruning, hedge trimming, raking, sweeping and vacuuming sidewalks, herbicide applications including preventive and corrective applications, fertilization and pest management services using Integrated Pest Management principles, irrigation system maintenance, repair and adjustments, landscape maintenance, replacing any plants lost due to negligence of the Contractor, seasonal color replacement, daily removal of all litter including dead animals, shopping cart removal and litter pick up seven days per week. The Bidder will be responsible for the supply and installation of all irrigation materials necessary for a fully operational irrigation system. The supplying and placing of this section is separate and unique from the Supplemental Services (“On Demand”) Section 6, also listed in this ITB and the bid price shown for this section will be considered full and total payment for all normal ongoing operations. For any additional payments under this item, or any other, the service must be specifically requested by the City for a unique and specific task. 4.1.1 A. PARKS (See section A of the bid form) The Bidder shall conduct “Landscape Maintenance Services” as defined in this ITB to all City parks. All the tasks required in the maintenance of the Parks shall be completed in accordance with Section 3, Performance Standards & Technical Specifications. PARKING LOTS The Bidder shall conduct “Landscape Maintenance Services” as defined in this ITB to all City parking lots. All tasks required in the maintenance of City parking lots shall be completed in accordance with Section 3, Performance Standards & Technical Specifications. A6 This bid item is to include the areas around the Heritage Park Parking Garage, the area along the pathway to the Wm Lehman Causeway on the south side of the garage, the areas along the east side of Ocean Reserve Condo and those areas adjacent to the right-of-way (i.e. the wall). A10 This bid item is to include the North, South and West sides of the Gateway Park Parking Garage between the property line and garage. ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 63 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net A11-A13 Removal of all litter and debris shall be conducted once per day, 7 days a week. 4.1.2 B. SEASONAL COLOR REPLACEMENT The Bidder shall conduct “Landscape Maintenance Services” as defined in this ITB to replace the City’s seasonal color three times per year in a timely fashion. All tasks required in the replacement of seasonal color shall be in accordance with Section 3, Performance Standards & Technical Specifications. This bid item is to include the removal and proper disposal of prior B1 thru B4 season’s flowers and soil, new Atlas 3000 planting soil mix and soil amendments, pre-emergent herbicide, delivery, layout and placement of annual flowers in 4.5” pots, cleanup and maintenance of new flowers in the locations designated by the City. 4.1.3 C. ROYAL PALM MAINTENANCE The Bidder shall conduct “Landscape Maintenance Services” as defined in this ITB to maintain all Royal Palms. All tasks required in the maintenance of Royal Palms shall be in accordance with Section 3, Performance Standards & Technical Specifications. C1 This bid item is to include Merit soil drench for Royal Palms two times per year including a follow-up application per specifications in the locations designated by the City. C2 This bid item is to include Imidacloprid or Safari or Foliar spray for all Royal Palms once per year, including a follow-up per specifications in the locations designated by the City. 4.1.4 D. DATE PALM MAINTENANCE The Bidder shall conduct “Landscape Maintenance Services” as defined in this ITB to maintain all Phoenix dactylifera, Phoenix canariensis and Phoenix sylvestris. All tasks required in the maintenance of Date Palms shall be in accordance with Section 3, Performance Standards & Technical Specifications. D1This bid item is to include Date Palm maintenance including all root/soil fungicide drench applications per specifications in the locations designated by the City. END OF SECTION ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 64 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net SECTION 5 RECURRING MONTHLY RIGHT-OF-WAYS 5.1 BASIC SERVICES (RECURRING MONTHLY) The basic services listed within this section are services to be conducted on a routine schedule as outlined in the Contractor’s Maintenance and Service Plan and approved by the City. This section is to include the supplying of all necessary personnel, materials, supplies, labor, supervision, equipment, fuel, and other miscellaneous necessities to fully maintain the general condition of the rights-of-way, bus shelter locations, parking lots and government facilities to a superior level that will meet or exceed the Performance Standards and Technical Specifications in accordance with Section 1 and all requirements of the Contract Documents. This work shall include, but not be limited to, weeding, mowing, turf maintenance, edging, pruning, hedge trimming, raking, sweeping, blowing and vacuuming sidewalks, herbicide applications including preventive and corrective applications, fertilization and pest management services using Integrated Pest Management principles, irrigation system maintenance, repair and adjustments, landscape maintenance, replacing any plants lost due to negligence of the Contractor, seasonal color replacement, daily cleaning of all bus shelter and bench locations, daily removal of all litter including dead animals, shopping cart removal and litter pick up seven days per week. The Bidder will be responsible for the supply and installation of all irrigation materials necessary for a fully operational irrigation system. The supplying and placing of this section is separate and unique from the Supplemental Services (“On Demand”), also listed in this ITB and the bid price shown for this section will be considered full and total payment for all normal ongoing operations. For any additional payments under this item, or any other, the service must be specifically requested by the City for a unique and specific task. 5.1.1 E. RIGHTS-OF-WAY The Bidder shall conduct “Landscape Maintenance Services” as defined in this ITB to all City Rights-of-Way. All the tasks required in the maintenance of the Rights-of-Way shall be completed in accordance with Section 1, Performance Standards & Technical Specifications. E1 thru E2 Removal of all litter and debris in the medians on Collins Avenue and all areas within 10’ from back of sidewalk on the west side th and 5’ from back of sidewalk on the east side from 195Street th to 156Street, to include the two landscaped parcels on the west side of Collins Avenue at the eastern end of the William Lehman st Causeway, including walk thru at 191and Collins Avenue, and the north and south sides of Sunny Isles Blvd., including the Business Loop, and including Oceania Park shall be conducted two times per day, 7 days a week. ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 65 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net E3 thru E26 Removal of all litter and debris on all interior streets within 5’ from back of sidewalk shall be conducted once per day, 7 days a week. E11This bid item is to include the 172nd Street right-of-way on the north side of the road from North Bay Road to Collins Avenue and the south side of the road from North Bay Road to the private parking lot. E24 Pedestrian Emergency Bridge - North Bay Road from 174th Street to 172nd Street 5.1.2 F. BUS SHELTER AND BENCH LOCATIONS The Bidder shall conduct “Landscape Maintenance Services” as defined in this ITB to all Bus Shelter and Bench locations in accordance with Section 1, Performance Standards & Technical Specifications. F1 thru F3 Removal of all litter and debris shall be conducted once per day, 7 days a week 5.1.3 G. PARKING LOTS The Bidder shall conduct “Landscape Maintenance Services” as defined in this ITB to all City parking lots. All tasks required in the maintenance of City parking lots shall be completed in accordance with Section 1, Performance Standards & Technical Specifications. G1 thru G5 Removal of all litter and debris shall be conducted once per day, 7 days a week. 5.1.4 H. BEACH ACCESS PATHS The Bidder shall conduct “Landscape Maintenance Services” as defined in this ITB to all Beach Access Paths. All the tasks required in the maintenance of the Beach Access Paths shall be completed in accordance with Section 3, Performance Standards & Technical Specifications. H1 thru H19 Removal of all litter and debris shall be conducted once per day, 7 days a week. The landscaping for the beach access paths is maintained by the adjacent property owners. 5.1.5 I. GOVERNMENT FACILITIES ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 66 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net The Bidder shall conduct “Landscape Maintenance Services” as defined in this ITB to all Government facilities. All tasks required in the maintenance of Government Facilities shall be in accordance with Section 1, Performance Standards & Technical Specifications. I7 This bid item is to include the Public Works compound with trailers underneath the Wm Lehman Causeway between the Intracoastal Waterway and North Bay Road. I1 thru I7 Removal of all litter and debris shall be conducted once per day, 7 days a week. I8 – I9 This bid item is to include the removal of all litter, debris and non- native plant species from mangrove conversation areas in accordance with section 3, Performance Standards and Technical Specifications 5.1.6 J. PERENNIAL COLOR REPLACEMENT The Bidder shall conduct “Landscape Maintenance Services” as defined in this ITB to replace the City’s perennials once per year, or as needed, in a timely fashion. All tasks required in the replacement of seasonal color shall be in accordance with Section 1, Performance Standards & Technical Specifications. J1 thru J3 This bid item is to include the removal and proper disposal of prior season’s flowers and soil, new Atlas 3000 planting soil mix and soil amendments, pre-emergent herbicide, delivery, layout and placement of annual flowers in 4.5” pots, cleanup and maintenance of new flowers in the locations designated by the City. 5.1.7 K. ROYAL PALM MAINTENANCE The Bidder shall conduct “Landscape Maintenance Services” as defined in this ITB to maintain all Royal Palms. All tasks required in the maintenance of Royal Palms shall be in accordance with Section 1, Performance Standards & Technical Specifications. K1 This bid item is to include Merit soil drench for Royal Palms two times per year including a follow-up application per specifications in the locations designated by the City. K2 This bid item is to include Imidacloprid or Safari Foliar spray for all Royal Palms once per year, including a follow-up per specifications in the locations designated by the City. 5.1.8 L. DATE PALM MAINTENANCE ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 67 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net The Bidder shall conduct “Landscape Maintenance Services” as defined in this ITB to maintain all Phoenix dactylifera, Phoenix canariensis and Phoenix sylvestris. All tasks required in the maintenance of Date Palms shall be in accordance with Section 3, Performance Standards & Technical Specifications. L1 This bid item is to include Date Palm maintenance including all root/soil fungicide drench applications per specifications in the locations designated by the City. END OF SECTION ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 68 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net SECTION 6 Supplemental Services 6.1 Supplemental Services (“On Demand”): This section is separate fromthe Basic Services (Recurring Monthly)maintenance. Even though some of the items listed in this section are part of the monthly recurring maintenance, the Bidder must assure that these are also available on demand. These services will be requested as needed by the City. The bid and award evaluation will include the unit prices submitted in the Supplemental Services Bid Form. 6.1.1 M. PLANT REPLACEMENT Plant replacements shall conform to, or exceed the minimum standards for Florida No. 1 grade or better in the most current edition of the Florida Grades and Standards for Nursery Plants prepared by the State of Florida Department of Agriculture and Consumer Services. M1 thru M107 This bid item is to include removal and proper disposal of existing plants, and then delivery, layout, placement, new topsoil, staking, mulch, initial hand watering until established if needed, cleanup and maintenance of new plants in the locations designated by the City. 6.1.2 N. MATERIALS The supplying and placing of this item is separate and unique from the normal need to supply and place this material as part of the ongoing operations covered in other bid items. For this item to be accepted and paid for by the City, the service must be specifically requested by the City for a unique and specific task. 6.1.2.1 OTC INJECTIONS N1-N2 This bid item is to provide Coconut and Date Palm OTC (Lethal Yellowing) injections in the locations designated by the City. Follow manufacturer’s recommendation regarding application rates and methods. 6.1.2.2 TOPSOIL N3 This bid item is to include the supplying, delivery, placement, and grading of 70/30 topsoil in the locations designated by the City. This topsoil shall be a high quality mix of 70% organics (Florida peat, etc.) and 30% sand. 6.1.2.3 PREMIUM GOLD COLORED MULCH N4-N5 This bid item is to include the supplying, delivery, placement, and grading of certified arsenic free certified Premium Gold colored mulch in the locations designated by the City. 6.1.2.3.1 SPECIAL CONDITIONS ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 69 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net Certified arsenic free Premium ‘Gold’ (provide evidence of type and grade of mulch, to City, prior to delivery, for approval by Project Manager). Mulch shall be placed around all planting areas not covered by shrubs, ground cover, or existing mulch (two times per year, or as directed by City), so as to effect a 2.5” mulch depth. Contractor will provide and install all required mulch at the contract unit prices. 6.1.2.4 TRAP SAND N6 This bid item is to include the supplying, delivery, placement, and grading of #70 Trap Sand in the locations designated by the City. 6.1.2.5 ATLAS 3000 MIX N7 This bid item is to include the supplying, delivery, placement, and grading of Atlas 3000 planting soil mix by Atlas Peat & Soil (or approved equal) in the locations designated by the City. 6.1.2.6 ST. AUGUSTINE ‘FLORATAM’ SOD N8-N9 This bid item is to include the supplying, delivery, placement, and initial irrigating of Solid St. Augustine ‘Floratam’ Sod (or approved equal) in the locations designated by the City. 6.1.2.7 BERMUDA ‘TIFWAY’ 419 N10 This bid item is to include the supplying and delivery of Bermuda ‘Tifway’ 419 Turf (or approved equal) on pallets, off-loaded and installed in a location designated by the City. 6.1.2.8 PASPALUM NOTATUM N11 This bid item is to include the supplying and delivery of Paspalum notatum (Argentine Bahia Sod) on pallets, off-loaded and installed in a location designated by the City. 6.1.2.9 PASPALUM VAGINATUM N12 This bid item is to include the supplying and delivery of Paspalum Vaginatum (Seashore Paspalum) on pallets, off-loaded and installed in a location designated by the City. 6.1.2.10 PALM BEACH CAP ROCK N13 This bid item is to include the supplying and delivery of Palm Beach Cap Rock (or approved equal) by square feet, and off- loaded in a location designated by the City. ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 70 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 6.1.3 O. LABOR This is a separate item for work not already covered by, or paid for through other pertinent bid items. It is intended that this item shall cover call-outs for emergency and unique situations. For this item to be accepted and paid for by the City, the services must be specifically requested by the City for a specific non-covered task. 6.1.3.1 LANDSCAPE SUPERINTENDENT O3 thru O4 This bid item is for additional work by a trained and competent Landscape Superintendent who shall be fluent in English. 6.1.3.2 LANDSCAPE LABORER O4 thru O5 This bid item is for additional work by a trained and competent Landscape Laborer. 6.1.3.3 IRRIGATION SPECIALIST O6 thru O7 This bid item is for additional work by a trained and competent Irrigation Specialist who shall be fluent in English. 6.1.3.4 IRRIGATION LABOROR O8 thru O9 This bid item is for additional work by a trained and competent Irrigation Laborer. 6.1.4 P. EQUIPMENT This is a separate item for work not already covered by, and paid for through, other pertinent bid items. It is intended that this item shall cover call-outs for emergency and unique situations. For this item to be accepted and paid for by the City, the services must be specifically requested by the City for a specific task. 6.1.5.1 BACKHOE OPERATOR INCLUDING OPERATOR P1 thru P2 This bid item is for additional work by a trained and competent Backhoe Operator using a fully functioning and properly maintained tractor with a front end mounted loader and a backhoe. 6.1.4.2 DUMP TRUCK INCLUDING OPERATOR P3 thru P4 This bid item is for additional work by a trained and competent Dump Truck Operator using a fully functioning and properly maintained dump truck with a GVW rating of 15,000 or greater. 6.1.4.3 TRAILER MOUNTED WATER TANK INCLUDING OPERATOR ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 71 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net P5 This bid item is to provide a fully functioning and properly maintained Trailer Mounted Water Tank with a capacity of 500 gallons or greater. It should also have an operating and properly maintained pump and hose reel. The Bidder shall be responsible for paying for any water usage and shall obtain a water meter from the City of North Miami Beach. The City will designate specific areas where the Bidder will be allowed to fill up. 6.1.4.4 SELF PROPELLED TRENCHER INCLUDING OPERATOR P6 thru P7 This bid item is to provide a fully functioning and properly maintained Self Propelled Trencher with a minimum attainable depth of twenty-four inches, and a minimum trench width of six inches. 6.1.4.5 BUCKET TRUCK P8 This bid item is to provide a fully functioning and properly maintained bucket truck of no less than 65'. 6.1.4.6 CHIPPER BRUSH P9 This bid item is to provide a fully functioning and properly maintained chipper brush. 6.1.4.7 STUMP GRINDER P10 This bid item is to provide a fully functioning and properly maintained stump grinder. 6.1.4.8 GRAPPLE LOADER P11 This bid item is to provide a fully functioning and properly maintained grapple loader with a 30 cubic yard capacity. 6.1.4.9 BULLDOZER INCLUDING OPERATOR P12 thru P13 This bid item is to provide a fully functioning and properly maintained bulldozer with competent operator, that can be utilized on the beach. 6.1.6 Q. MISCELLANEOUS ITEMS This bid item is to include the supplying of all necessary materials, supplies, labor, equipment, fuel, and other miscellaneous necessities to conduct the following tasks. Such work shall be considered as miscellaneous items which are subject to the City’s final approval. Upon approval, the City will pay the contractor based on the labor rate specified in the Bid Form of the Bid Cost Proposal. For work requested beyond the provided labor rates, the City’s Project Manager may request quotes from other contractors for the stated miscellaneous items. ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 72 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net Q1 REPLACE / REPAIR NETTING Repair or replace any netting or screening at the baseball field in Pelican Community Park and soccer field at Senator Gwen Margolis Park. The repairs are to be made only upon authorization of the City, but the Bidders are responsible for immediately notifying the City of any holes or openings that are found during the daily servicing and inspection of the park. The repairs will be done to industry standards and shall follow the recommendations of the manufacturer. Q2 GRAFFITI REMOVAL Cover over or remove, as directed by the City, any graffiti. The Contractor shall advise City for authorization/ pre-pre-approval before commencing graffiti removal. This proposal item is intended to include all work, including any needed repairs required to allow the graffiti to be addressed. All work must begin within one (1) day of being notified by the City, and the work must proceed continuously and expeditiously until the job is completed. The Bidder is responsible for immediately notifying the City of any graffiti found during the regular servicing and inspection of the City. Q3 BEE, WASP AND HORNET REMOVAL Proper removal and eradication of bee, wasp and hornet nests by a registered beekeeper or trained Pest Control Operator. Q4 PREVENTIVE MOSQUITO CONTROL CITYWIDE This bid item includes fogging the City parks with a motorized cart and /or backpack. Work to be completed overnight in the pre-dawn hours (exact times to be determined by City) in a manner safe to the public. Avoid spraying when residents are active. Contractor is to eliminate mosquito breeding sites by removing standing water. Mosquito control shall be a supplemental service. Q5 DATE PALM FUNGICIDE TRUNK DRENCH This bid item includes a top to bottom fungicide trunk drench utilizing T-Storm or Cleary’s 3336 in the event that Thielvopsis paradoxa is identified in close proximity to subject palms. Q6 DEEPROOT ROOT BARRIER Model #UB 24-2 This Bid item is to include the supplying, delivery and placement of DeepRoot Root barrier (or approved equal) in the locations designated by the City. Q7 – Q22 MISCELLANEOUS ITEMS CONTINUED (*Please note, the following line items pertain to disaster debris hauling, which will only be activated upon a notice to proceed after a declared emergency, these line items intentionally include ROW and Parks as part of the scope) ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 73 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 6.1.7 Q. MISCELLANEOUS ITEMS This bid item is to include the supplying of all necessary materials, supplies, labor, equipment, fuel, and other miscellaneous necessities to conduct the following tasks. Such work shall be considered as miscellaneous items which are subject to the City’s final approval. Upon approval, the City will pay the contractor based on the labor rate specified in the Bid Form of the Bid Cost Proposal. For work requested beyond the provided labor rates, the City’s Project Manager may request quotes from other contractors for the stated miscellaneous items. 6.2 EMERGENCY PUSH/ROAD CLEARANCE At the request of the City for this contract, work shall consist of all labor, equipment, fuel and associated costs necessary to clear and remove debris from City roadways, to make them passable immediately following a declared disaster event. All roadways designated by the City Debris Manager shall be clear and passable within seventy (70) working hours of the issuance of Notice to Proceed from the City to conduct emergency roadway clearance work. This may include roadways under the jurisdiction of other governmental agencies under the legal responsibility of the City. Clearance of these roadways will be performed as identified by the City Debris Manager. The Contractor shall assist the City and its representatives in ensuring proper documentation of emergency road clearance activities by documenting the type of equipment and/or labor utilized (i.e., certification), starting and ending times, photos and descriptions, and zones/areas worked. Services performed under this Contract element will be compensated using lines L10-L25 – Hourly Labor and Equipment Price Schedule. 6.3 DEBRIS REMOVAL SERVICES For the following line items Q7-Q22, related to debris removal, the City may award to the lowest responsive responsible bidder as a tertiary bidder in the event that the primary and secondary debris removal contractor has defaulted. Disasters include natural events such as hurricanes, tornadoes, windstorms, floods, and fires, as well as man-made events or emergencies such as civil unrest and terrorist attacks. In the event of a disaster or emergency, the contractor shall be on- call to provide all support services necessary to ensure the safety and well-being of all residents and visitors to the City. The program Manager or a higher ranking decision-making designee shall be physically present at the City within twenty-four (24) hours after notice has been given to commence work. Services may include, but not be limited to, large-scale debris removal, separation, storage, processing and disposal to a Temporary Debris Management Site(s) (TDMSs); demolition and demolition debris removal; hazardous waste handling; tree trimming, stump grinding and removal; sand removal from roads, streets and rights-of-way; emergency berm construction; provision of personnel, tools and generators, under the direct supervision of the debris monitoring consultant. Program Manager will thoroughly videotape and/or photograph each TDMS before any activities begin, and will periodically update video and photographic documentation to track site evolution. The Operations Manager shall be on call twenty-four (24) hours per day, seven (7) days per week, and shall be available by cell phone. Program Manager / Operations Manager shall coordinate daily with the City’s Contract Manager and Debris Monitor, and shall comply with all directions and guidance provided by Federal or State representatives. The City Debris Monitoring Manager must approve all Final Disposal Sites, in writing. The Contractor will be responsible for the handling, reduction and final haul-out and disposal of all reduced and unreduced debris. The Program Manager ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 74 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net operations and remediation must comply with all local, state and federal safety and environmental standards. 6.4ROW VEGATATIVE DEBRIS REMOVAL Services performed under this Contract element will be compensated using Q7-Q22 Unit Rate Price Schedule. Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to pick up and transport eligible disaster-related vegetative debris existing on the City ROW to a City approved DMS or a City approved Final Disposal Site in accordance with all federal, state and local rules and regulations. a. For the purposes of this contract, eligible vegetative debris that is piled in immediate close proximity to the street, and is accessible from the street with mechanical loading equipment (i.e., not behind a fence or other physical obstacle) will be removed. b. Removal of eligible vegetative debris existing in the City will be performed as identified by the City Debris Manager. c. Once the debris removal vehicle has been issued a load ticket from the City’s authorized representative, the debris removal vehicle will proceed immediately to a City approved DMS or a City approved Final Disposal Site. The debris removal vehicle will not collect additional debris once a load ticket has been issued. d. All eligible debris will be removed from each location before proceeding to the next location unless directed otherwise by the City or its authorized representative. e. Entry onto private property for the removal of eligible vegetative hazards will only be permitted when directed by the City or its authorized representative. The City will provide specific Right-of-Entry (ROE) legal and operational procedures. f. The Contractor must provide traffic control as conditions require or as directed by the City Debris Manager. 6.5 ROW C&D DEBRIS REMOVAL Services performed under this Contract element will be compensated using Q7-Q22 Unit Rate Price Schedule. Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to pick up and transport eligible Construction and Demolition (C&D) debris existing on the City ROW to a City approved DMS Site in accordance with all federal, state and local rules and regulations. a. For the purposes of this contract, eligible C&D debris that is piled in immediate close proximity to the street, and is accessible from the street with loading equipment (i.e., not behind a fence or other physical obstacle) will be removed. b. Removal of eligible C&D debris existing in the City ROW will be performed as identified by the City Debris Manager. c. Once the debris removal vehicle has been issued a load ticket from the City’s authorized representative, the debris removal vehicle will proceed immediately to a City approved Final Disposal Site. The debris removal vehicle will not collect additional debris once a load ticket has been issued. ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 75 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net d. All eligible debris will be removed from each location before proceeding to the next location unless directed otherwise by the City or its authorized representative. e. Entry onto private property for the removal of eligible C&D hazards will only be permitted when directed by the City or its authorized representative. The City will provide specific ROE legal and operational procedures. f. The Contractor must provide traffic control as conditions require or directed by the City Debris Manager. g. C&D debris must be monitored for the collection, complete haul, and delivery at the approved final disposal site. The City’s authorized representative will obtain the original copy of the disposal or scale ticket showing the inbound and outbound collection vehicle weights. 6.6 REMOVAL OF DEBRIS FROM CITY PARKS AND FACILITIES Services performed under this Contract element will be compensated using Q7-Q22 Unit Rate Price Schedule. Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to pick up and transport eligible disaster-related trees, vegetative, and non-vegetative debris existing in City Parks and Facilities to a City approved DMS Site in accordance with all federal, state and local rules and regulations. All debris removal from City Parks, improved public property, and Facilities will be at the approval and authorization of the City prior to removal. 6.7 SAFETY The Contractor shall be solely responsible for maintaining safety at all work sites including Temporary Debris Storage (TDMS(s) and debris collection sites. The Contractor shall take all reasonable steps to ensure safety for both workers and visitors to TDMS(s) and debris collection sites. Safety at TDMS(s) and debris collection sites includes traffic control such as traffic cones and flag personnel. The Contractor will also be solely responsible to ensure that all OSHA requirements are met and a safety officer’s assigned to the project for the duration of this contract. 6.8 ENVIRONMENTAL PROTECTION a. Any and all fluids or chemicals (work-related materials such as oil, absorbents, etc.) used by the Contractor must be used and disposed of in accordance with all rules and regulations of local, state and federal regulatory agencies. b. The Contractor shall, at its own expense, ensure that noise and dust pollution is minimized to comply with all local and state ordinances and the approval of the City Debris Manager. The Contractor shall comply in a timely manner with all directions of the City Debris Manager regarding the use of a water truck or other approved dust abatement measures. c. The Contractor shall comply with all laws, rules, regulations and ordinances regarding environmental protection. d. The Contractor shall immediately report and document all incidents to the City Debris Manager or the authorized representative that affect the environmental quality of DMS(s) such as, but not limited to, hydraulic fluid leaks, oil spills or fuel leaks. The Contractor must notify the City regarding any fluid or chemical spillage so that the City or its authorized representative can review and approve of the cleanup. e. The Contractor agrees to comply with all applicable standards, orders or regulations issued ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 76 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 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), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Contractor shall take immediate containment action as necessary to minimize the effect of any spill or leak. Cleanup shall be done in accordance with applicable federal and local laws and regulations. 6.9 DOCUMENTATION MANAGEMENT AND SUPPORT Contractor’s Program Manager shall utilize load tickets provided by the Debris Monitor to track and document the removal and management of Eligible Debris. Program Manager shall ensure that load tickets meet the requirements of FEMA and other Federal, State, or local reimbursement agencies. Contractor’s Program Manager shall provide data management and support to the City during the emergency recovery effort including, but not limited to, the following: Each load ticket shall contain the following information: Prime Contractor name. City contract/Disaster number. Load ticket number. Sub-Contractor name. Truck Driver name. Date and time of pick up. Date and time of delivery. Pick up location (street address or primary street between specific area). Loading Zone Number Debris Clearing Cycle (Push, First Pass, Second Pass, Third Pass, etc.) Truck ID number and capacity. Total cubic yards picked up. Debris classification (Vegetative, White Goods, C&D, Mulch, Stump, etc.) Delivery site. Load Monitor Printed Name and Signature. Dump Monitor Printed Name and Signature. GPS. 6.10 REPORTS Project Manager shall make daily reports to the City to detail the progress of debris removal and disposal operations. Such reports shall include (1) a description of all areas where work was done, detailing street names and address blocks where debris removal was completed during each pass; (2) types and volumes of debris transported, reduced and disposed; (3) the number of trucks, other equipment and personnel utilized that day; and (4) other operational and complaint tracking information as requested by the City. Within thirty (30) days of final inspection and/or closeout of the project by the City, Program Manager shall prepare and submit a detailed description of all debris management activities in an electronic spreadsheet, to include, but not limited to, the total volume by type of debris hauled, reduced and/or disposed; final disposal locations and amounts of the debris delivered to each; and the total cost of the project invoiced to the City. Program Manager shall provide, upon request of the City and/or no later than project closeout, a release of liens demonstrating that all subcontractors to Project Manager have been fully paid. Contractor’s Program Manager will provide ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 77 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net any other additional information as may be necessary to adequately document the conduct of the debris management operations for the City. Final project reconciliation must be approved by the City. Program Manager shall notify the City’s Project Manager, on a daily basis, of any significant damage to public or private property or major problems, such as equipment failure or loss of qualified labor. 6.11 ON-SITE OPERATIONS MANAGER The Contractor shall provide an on-site project operations manager to the City. The project manager shall provide a telephone number to the City with which he or she can be reached for the duration of the project. The project manager will be expected to have daily meetings with the City Debris Manager and/or City authorized representatives. Daily meeting topics will include, but are not limited to, volume of debris collected, completion progress, City coordination, and damage repairs. The project manager must be available twenty-four (24) hours a day, or as required by the City Debris Manager. Contractor shall work closely with the City’s Debris Monitor to ensure that all work is FEMA- compliant and all documentation is properly obtained, including GPS coordinates and photos. §200.318-326 in the execution of this Contractor shall follow all of the requirements of 2 C.F.R. Contract, and shall require and enforce similar compliance with all sub-contractors for contracts awarded by non-Federal Entities under Federal Awards which are incorporated herein by reference as if enumerated herein in their entirety. Operations Manager will work closely with the City’s contracted Monitor and applicable Federal, State and local agencies to ensure that the City’s emergency recovery procedures and data documentation for Eligible Debris meet the requirements of the reimbursement agencies. Project Manager shall provide to the City all records, disposal tickets, field inspection reports and other data necessary to adequately document recovery services and provide sufficient substantiation for Federal and State reimbursement applications. Project Manager shall provide hard copies and electronic scanned documents with an itemized spreadsheet. Project Manager shall assist the City in preparing Federal and State reports and applications for reimbursement. Project Manager shall review all reimbursement applications prepared by the City or Debris Monitor prior to submittal for sufficiency in meeting the reimbursement requirements of these organizations and notify the City or Debris Monitor of any recommended changes, corrections, alterations or deletions. Project Manager shall assist, as directed by the City, in responding to Federal and State agency requests for additional information and in negotiations with Federal and State officials. Project Manager shall retain all documentation and records for a minimum of ten (10) years. 6.12 TREE CLIMBER/ CHAINSAW AND GEAR Contractor shall trim, cut and/or fell leaning trees and/or hanging limbs only upon prior written consent of the Contract Manager. Each tree and limb shall then be placed in the public right-of- way where such debris shall be removed and included in the overall cubic yard price for debris removal. A fallen tree that extends onto the public right-of-way from private property shall be cut at the point where it enters the right-of-way, and that part of the debris which lies within the right- of-way shall be removed. 6.13 LABORER W/SMALL TOOLS, TRAFFIC CONTROL OR FLAG PERSON The Contractor(s) shall mitigate the impact of their operations on local traffic to the fullest extent practical. The Contractor(s) is responsible for establishing and maintaining appropriate traffic ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 78 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net controls in all work areas, including DMS(s) and debris collection sites. The Contractor(s) shall provide sufficient signing, flagging and barricading to ensure the safety of vehicular and pedestrian traffic in all work areas. All work shall be done in conformity with all applicable local, state and federal laws, regulations, and ordinances governing personnel, equipment and work place safety. Any notification of a deficiency in traffic control or other safety items shall be immediately corrected by the Contractor(s). 6.14 SKILLED SAWMAN The Contractor will be responsible for the handling, reduction and final haul-out and disposal of all reduced and unreduced debris. Contractor operations and remediation must comply with all local, state and federal safety and environmental standards. Contractor reduction, handling, disposal and remediation methods must be approved, in writing, by the City Debris Manager. 6.15 LOADING AND HAULING DEBRIS FROM PUBLIC PROPERTY AND RIGHTS-OF-WAY TO A TEMPORARY DEBRIS STAGING AND REDUCTION SITE WITHIN CITY LIMITS Immediately following a disaster, it may be necessary for Contractor to cut, toss and/or push debris from primary transportation routes as identified and directed by the City. This hourly work will only be conducted for the first seventy (70) hours only unless otherwise agreed in writing. Debris Removal from Public Rights-of-Way – As identified and directed by the City, contractor shall provide all labor, services, equipment, materials, and supplies necessary to collect Vegetative Debris and Mixed Debris from the City rights-of-way and public property. Contractor shall provide debris collection in a systematic manner according to Work Zones in accordance with advanced written authorization from the Contract Manager. Contractor shall haul all debris to designated temporary staging areas, disposal sites, or recycling centers, as determined by the Contract Manager. DMC shall have TDMSs ready to open and receive debris within twenty-four (24) to thirty- six (36) hours of notification by the Contract Manager. TDMSs will be activated on an “as needed” basis. In the event that no City TDMSs are opened, DMC shall transport debris directly to a disposal facility identified by the City. Contractor shall segregate all debris to the extent practical. Eligible debris includes meeting any changes in definition, rules or requirements regarding debris removal reimbursement as stipulated by FEMA during the course of a debris removal project. The aforementioned definition of “eligible” applies to all uses throughout Scope of Services Work will include: 1) examining debris to determine whether or not debris is eligible; 2) loading the debris; 3) hauling debris to City approved DMS(s) or City approved Final Disposal Site(s) 4) reducing disaster related debris; 5) hauling reduced debris to a City approved Final Disposal Site; and 6) disposing of reduced debris at a City approved Final Disposal Site. Debris not defined as eligible by FEMA PAPPG, state or federal DSGs or policies will not be loaded, hauled or dumped under this contract unless written instructions are given to the Contractor by the City Debris Manager. Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to pick up and transport eligible disaster-related trees, vegetative, and non-vegetative debris existing in City Parks and Facilities to a City approved DMS Site in accordance with all federal, state and local rules and regulations. All debris removal from City Parks, improved public property, and Facilities will be at the approval and authorization of the City prior to removal. 6.16 LOADING AND HAULING DEBRIS TO A FINAL DISPOSAL SITE PER CUBIC YARD The contractor shall provide the name and address of each disposal facility to be used along with the name and the telephone number of a responsible party for each facility, prior to commencing ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 79 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net the work. The Contractor shall not use any disposal facility without the written consent of the contract manager. At the completion of disposal operations, each disposal facility will issue a written summary of the quantity, type and origin of waste delivered. The Contractor shall not receive any payment from the City for haul-out or load tickets related to reduced or unreduced debris transported and disposed of at a non-City approved Final Disposal Site. 6.17 DEBRIS REDUCTION BY CHIPPING/GRINDING PER CUBIC YARD Contractor shall process Vegetative Debris and Mixed Debris delivered to TDMSs on a daily basis. Prior to processing, all debris shall be segregated between Vegetative Debris, C&D Debris, White Goods, E-Waste, Hazardous Waste, and other Mixed Debris so as to maximize recovery and recycling efforts with City approval. Processing may include, but is not limited to, reduction by tub grinding, or other alternate methods of reduction such as compaction. 6.18 REMOVAL OF HAZARDOUS TREES AND LIMBS Eligible hazardous trees will be identified by the City or its authorized representative for removal. Removal and placement of eligible hazardous trees six (6) inches or greater in diameter existing on the City ROW, parks and facilities, or private property will be performed as identified by the City Debris Manager. All disaster specific eligibility guidelines regarding size and diameter of leaning trees will be communicated to the Contractor, in writing, by the City Debris Manager. In order for leaning or hazardous trees to be removed and eligible for reimbursement, the tree must satisfy a minimum of one of the following requirements: i. The tree is leaning in excess of thirty (30) degrees in a direction that poses an immediate threat to public health, welfare and safety. ii. Over fifty percent (50%) of the tree crown is damaged or broken and heartwood is exposed. iii. The tree has a split trunk that exposes heartwood. Eligible hazardous hanging limbs will be identified by the City or its authorized representative for removal. Removal and placement of eligible hazardous hanging limbs two (2) inches or greater in diameter existing on the City ROW, parks and facilities, or private property will be performed as identified by the City Debris Manager. All disaster specific eligibility guidelines regarding size and diameter of limbs will be communicated to the Contractor, in writing, by the City Debris Manager. In order for hanging limbs to be removed and eligible for payment, the limb must satisfy all of the following requirements: iv. The limb is greater than two (2) inches in diameter. v. The limb is still hanging in a tree and threatening a public-use area. vi. The limb is located on improved public property. 6.19 REMOVAL OF STUMPS The Contractor shall provide all labor, materials, equipment, tools, traffic control, signage and any other incidental items; to collect and remove eligible hazardous stumps from the City’s authorized ROW. Stump Conversion Table and Hazardous Stump Worksheet in FEMA Disaster Assistance Policy (DAP) 9523.11 The Contractor shall extract or remove only stumps which meet the following eligibility criteria and are authorized by the City or its designated representative: ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 80 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 1.The stump root ball is exposed by fifty (50) percent or more; 2.The stump shall be larger than twenty-four (24) inches in diameter, measured twenty-four (24) inches above the ground; and extraction is required as part of the removal. 3.The stump is located in the authorized ROW or on improved property and poses a danger to the public’s health and safety. B.The City or authorized representative shall measure and document the stump prior to removal, through photographs, GPS coordinates, US National Grid coordinates, physical address/location and other relevant information which verifies the hazard posed by the stump. C.Hazardous stumps which meet the eligibility criteria and have been documented following the described procedures shall be eligible for unit pricing which includes the extraction, transport, disposal, and filling the root ball cavity. D.Costs for the removal of hazardous stumps shall be invoiced separately. E.The Contractor shall be required to fill the cavity left by the excavation process with clean fill dirt in the quantity documented by the City or the City’s authorized representative. F.The eligible hazardous stump shall be transported to the City’s DMS or to the City’s designated final disposal site. G.Stumps measuring less than twenty-four (24) inches in diameter, measured twenty-four (24) inches above ground, which require extraction shall be converted to a cubic yard measurement by the conversion table included in the FEMA FP 104-009-2, Appendix E, Stump Conversion Table. H.Stumps which are placed on the authorized ROW by others shall not be eligible for hazardous stump unit pricing. Stumps placed on the ROW by others shall be treated as vegetative debris and reimbursable at the vegetative debris unit pricing. 6.20 EQUIPMENT Prior to start of work, the Monitoring Contractor and the City will perform the certification of each vehicle engaging in the services specified within this bid. Certification forms will indicate the type of vehicle; make; model; license plate number; Project Manager Equipment number; measured maximum volume, in cubic yards, of the load bed of each piece of equipment to be utilized to transport debris; and any other information necessary to comply with Federal or State requirements. Under no circumstances will the Contractor(s) mix debris hauled for others with debris hauled under this contract. Per FEMA Recovery Policy RP9523.12, mechanically loaded vehicles are preferred for debris removal. Hand-loaded vehicles are prohibited unless pre- authorized, in writing, by the Contract Manager or Debris Monitor. The observed capacity of all hand-loaded trucks and trailers shall be reduced by fifty percent (50%) to account for low compaction. All trucks and other equipment must be in compliance with all applicable local, state and federal rules and regulations. Any truck used to haul debris must be capable of rapidly unloading its contents without the assistance of other equipment, be equipped with a tailgate that will effectively contain the debris during transport and permit the truck to be filled to capacity. Under no circumstances will the Contractor(s) mix debris hauled for others with debris hauled under this contract. 6.21 DEAD ANIMAL CARCASSES Work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to collect, transport and dispose of dead animal carcasses. Including, but not limited to, dead livestock, poultry and large animals, in any permissible manner consistent with Federal, State and local laws and regulations. 6.20 MISCELLANEOUS ITEMS CONTINUED Q33 PRESSURE CLEAN VARIOUS CITY FACILITIES ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 81 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net Pressure clean various City facilities and sidewalk areas with a 3500 PSI pressure washer, as specifically directed by the City. This proposal item is to include 2 persons and is intended to cover unique situations such as an accident that leaves debris or staining on the City’s sidewalks, streets and/or parking lots, bus shelters, or other areas as specified by the City. Q34 HANG BANNERS Hang banners in the locations designated by the City. This proposal item is intended to include all work necessary, including any needed repairs to, or replacement of, the arms that support the banners. For payments under this item, the service must be specifically requested by the City for a unique and specific task, however the Bidders is responsible for immediately notifying the City if any missing or damaged banners are found during the regular servicing and inspection of the streets. END OF SECTION ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 82 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net SECTION 7 DEMANDSTAR.COM OPENING: 11:00 A.M. BID SUBMITTAL FORMS 8//2024 PLEASE QUOTE PRICES F.O.B. DESTINATION, LESS TAXES, DELIVERED IN CITY OF SUNNY ISLES BEACH, FLORIDA NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Bid price should be less all taxes. Tax Exemption Certificate furnished upon request. Issued by: Purchasing Agent Date Issued: This Bid Submittal Consists of 6/24/2024 Pages 83+ Sealed bids are subject to the Terms and Conditions of this Invitation to Bid and the accompanying Bid Submittal. Such other contract provisions, specifications, drawings or other data as are attached or incorporated by reference in the Bid Submittal, will be received at the office of the City Clerk at the address shown above until the above stated time and date, and at that time, publicly opened for furnishing the supplies or services described in the accompanying Bid Submittal Requirement. ITB 24-06-02 City Landscaping Services A Bid Deposit in the amount of 5% of the grand bid total on page 92, lines 1-92 shall accompany your bid. The Awarded Contractor shall furnish a separate Performance and Payment Bond in the amount of 100% of the total Basic Services “recurring monthly” lines 1-92 will be required upon execution of the contract by the successful bidder and City of Sunny Isles Beach. FAILURE TO SIGN PAGE 107 OF SECTION 7 BID SUBMITTAL WILL RENDER YOUR BID NON- RESPONSIVE ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 83 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net PRICE SUBMITTAL Basic Services (“Recurring Monthly”) Section NOTE: The quantities shown in this Bid Form are estimates only! They may vary significantly from the actual quantities ordered by the City. Payments shall be for the units ordered, placed, and accepted by the City. The Bidders, by signing this Bid Form and Contract, fully acknowledges that he/she will receive no additional compensation (no overhead, no anticipated profits, etc.) other than the proposal unit price of the items times the number of items authorized, ordered, placed, and accepted by the City. The following work consists of furnishing all labor, materials, supplies, equipment, tools, transportation and supervision necessary to perform and maintain the City’s landscape maintenance needs for City Facilities, Parks in accordance with the Performance Standards, Technical Specifications and Scope of Services detailed herein.Prices must be TYPED. A.PARKS Ref Per Week Extended Total No. Est. Item DESCRIPTION Price Quantity No. Senator Gwen Margolis Park 1 A1 52 Weeks (17815 North Bay Rd) $ $ Town Center Park 2 A2 52 Weeks (17200 Collins Avenue) $ $ Samson Oceanfront Park 3 A3 52 Weeks (17425 Collins Avenue) $ $ Pelican Community Park 4 A4 52 Weeks (18115 North Bay Road) $ $ Golden Shores Park 5 A5 52 Weeks (201 195 Street) $ $ Heritage Park 6 A6 52 Weeks (19250 Collins Avenue) $ $ Intracoastal Park -North 7 A7 52 Weeks (16200 Collins Avenue) $ $ Intracoastal Park - South 8 A8 52 Weeks (16000 Collins Avenue) $ $ Fishing Pier A9 52 Weeks (Fish guts to be removed outside of City $ 9 $ limits) Gateway Park 10 A10 52 Weeks (151 Sunny Isles Blvd.) $ $ ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 84 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 11 $ $ Meditation Garden A11 52 Weeks (17200 Collins Avenue) $ Bella Vista Park 12 A12 52 Weeks $ (466-498 NE 163rd St) $ Pier Park 13 A13 52 Weeks $ (16501 Collins Ave) 14 A14 52 Weeks The Spot $ $ (215 185 Street) 15 A15 Intercostal Sports Center 52 Weeks $ $ Le Richelieu 16 A16 52 Weeks $ $ (18126 Atlantic Blvd) 17 A17 Norman S. Edelcup K-8 School 52 Weeks $ $ Subtotal Section “A” Lines No. 1 – 17: $ B.PERENNIALS (ANNUAL) REPLACEMENT 18 $ Perennials Color Replacement B1 Pentas, 4.5” pot, full; remove old $ 2,820 plants plantings and fertilize with Nutricote 19 Perennials Color Replacement $ B2Begonia ‘Big Series’, 4.5” pot, full; $ 2,820 plants remove old plantings and fertilize with Nutricote 20 Perennials Color Replacement $ $ Caladium ‘Florida Sweetheart’, 4.5” pot, B3 2,820 plants full; remove old plantings & fertilize with Nutricote Perennials Color Replacement Perennials, 4.5” pot, full; remove old B4 $ 21 $ plantings & fertilize with Nutricote 2,820 plants Subtotal Section “B” Line No. 18- 21: $ ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 85 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net C.ROYAL PALM MAINTENANCE 22 Merit Soil Drench for Royal Palms C1 380 $ $ (Two times per year) Applications Imidacloprid or Safari or Foliar Spray for Royal 23 $ $ Palms 190 C2 Applications (One time per year) Subtotal Section “C” Line No. 22 - 23: $ D.DATE PALM MAINTENANCE 24 $ D1 Date Palm Root/Soil Drench 1149 $ Applications (3 times per year) Subtotal Section “D” Line No. 24: $ TOTAL BASIC SERVICES (“Recurring Monthly”) Lines No. 1 – 24: $ TYPED Written Total Basic Services PARKS: ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 86 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net PRICE SUBMITTAL for LANDSCAPE MAINTENANCE SERVICES ROW Basic Services (“Recurring Monthly”) Section NOTE: The quantities shown in this Bid Form are estimates only! They may vary significantly from the actual quantities ordered by the City. Payments shall be for the units ordered, placed, and accepted by the City. The Bidders, by signing this Bid Form and Contract, fully acknowledges that he/she will receive no additional compensation (no overhead, no anticipated profits, etc.) other than the proposal unit price of the items times the number of items authorized, ordered, placed, and accepted by the City. The following work consists of furnishing all labor, materials, supplies, equipment, tools, transportation and supervision necessary to perform and maintain the City’s landscape maintenance needs for City Facilities, Bus Shelters, Beach Access Paths and Public Rights-of-Way in accordance with the Performance Standards, Technical Specifications and Scope of Services detailed herein. Prices must be TYPED. E.RIGHTS-OF-WAY Collins Avenue 25 E1 52 Weeks (195 St. to 156 St. including William Lehman $ $ Causeway) Sunny Isles Boulevard (eastbound and 26 E2 52 Weeks westbound including Business Loop) $ $ 27 E3 189 Street from Collins Avenue to Atlantic Blvd 52 Weeks $$ 28 th Street (including medians) 174 E4 52 Weeks $ $ 29 th Street / Bayview Drive 158 E5 52 Weeks $ $ 30 th Street / Kings Point Drive 159 E6 52 Weeks $ $ 31 Atlantic Isles Entrance and Bridge E7 52 Weeks $ $ Atlantic Isles Lagoon including Atlantic Isle 32 E8 52 Weeks Bridge planters and WASA Pump Station $ $ 33 $ E9 52 Weeks Atlantic Isles Cul-de-sac $ 34 E10 North Bay Road (from S. Isles Blvd. to 172 St.) 52 Weeks $ $ 35 nd Street 172 E11 52 Weeks $ $ (from N. Bay Road to Collins Ave.) ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 87 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net th 175 Terrace 36 E12 52 Weeks (from Atlantic Blvd. to Collins Ave.) $ $ North Bay Road 37 E13 52 Weeks (from 174 St. to 183 St.) $ $ 38 Atlantic Boulevard E14 52 Weeks $ $ (from 175 Terr. to 183 St.) th 177 Drive 39 E15 52 Weeks (from Church Dr. to Atlantic Blvd.) $ $ 40 Church Drive E16 52 Weeks $ $ (from 178 Dr. to 177 Dr.) 41 th 178 Drive E17 52 Weeks $ $ (from N. Bay Rd. to Collins Ave.) th 178Street 42 TH E18 52 Weeks (from N. Bay Rd. to 178 St) $ $ th 179 Drive 43 E19 52 Weeks (from N. Bay Rd. to 178 St.) $ $ th 180 Drive 44 E20 52 Weeks (from N. Bay Rd. to Atlantic Blvd.) $ $ 45 st Drive 181 E21 52 Weeks $ $ (from N. Bay Rd. to Atlantic Blvd.) 46 nd Drive 182 E22 52 Weeks $ $ (from N. Bay Rd. to Atlantic Blvd.) 47 rd 183 Street E23 52 Weeks $ $ (from North Bay Road to Collins Avenue.) 48 N.Bay Road Pedestrian Emergency Bridge E24 52 Weeks $ $ from 174th St. to 172nd St. Daily Litter Pickup for A1 – A2 49 52 Weeks E25 (7 Days A Week, Twice per Day) $ $ Daily Litter Pickup for A3 – A24 E26 50 $ $ (7 days A Week – Once per Day) 52 Weeks Subtotal Section “E” Lines No. 25 – 50: $ ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 88 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net F.BUS SHELTER AND BENCH LOCATIONS 51 52 F1 (3)Extra-Large Bus Shelter location $ $ Weeks 52 52 F2 (35)Large Bus Shelter location $ $ Weeks 53 52 F3 (8)Small Bus Shelter location $ $ Weeks Subtotal Section “F” Lines No. 51 – 53: $ G.PARKING LOTS ROW & NON-RECREATIONAL FACILITIES 54 Under the G1 52 Weeks $ $ William Lehman Causeway Bridge (East/West) 55 Under the north bound G2 52 Weeks $ $ William Lehman Flyover Ramp 56 G3 Ellen Wynne Parking Lot/Beach Access 52 Weeks $ $ 57 Parking lot behind the Walgreens G4 52 Weeks $ $ at 17534 Collins Avenue 58 Daily Litter Pickup for C1 – C5 G5 52 Weeks $ $ (7 Days A Week) Subtotal Section “G” Lines No. 54 – 58: $ H.BEACH ACCESS PATHS (7 Day a Week Trash & Litter Pick-Up Only) 59 Regalia (north side) H1 52 Weeks $ $ 19501 Collins Avenue 60 Oceans I (north side) H2 52 Weeks $ $ 19405 Collins Avenue 61 William “Bill” Lone H3 19101 Collins Avenue 52 Weeks $ $ 62 Cecile Sippin th H4 Near 189 Street on Collins Avenue 52 Weeks $ $ Future location of Varadero IV 63 H5 52 Weeks 18801 Collins Avenue $ $ ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 89 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net Marenas (north side) 64 H6 52 Weeks 18683 Collins Avenue $ $ Millennium (north side) 65 H7 52 Weeks 18671 Collins Avenue $ $ 66 Porsche Design Tower (North Side) H8 52 Weeks $ $ 18555 Collins Ave 67 Porsche Design Tower (South Side) H9 52 Weeks $ $ 18555 Collins Ave Trump Beach Resort (south side) 68 18001 Collins Avenue combined w/ H10 52 Weeks $ $ Acqualina (north side) Walter Bresslour 69 th H11 52 Weeks Near 178 Street on Collins Avenue $ $ Pinnacle (north side) combined w/ 70 17555 Collins Avenue H12 52 Weeks $ $ Mansions at Acqualina (south side) Florida Ocean Club (north side) 71 H13 52 Weeks 17275 Collins Avenue $ $ Ocean IV (south side) 72 17201 Collins Avenue combined w/ H14 52 Weeks $ $ Muse (north side) Jade Ocean (north side) 73 H15 52 Weeks 17121 Collins Avenue $ $ 74 Jade on the Beach (south side) combined w/ $ 17001 Collins Avenue combined w/Jade H16 52 Weeks $ Signature (north side) 17070 Collins Avenue 75 Oceania (south side) H17 52 Weeks $ $ 16425 Collins Avenue Sayan (north side) 76 H18 52 Weeks 16275 Collins Avenue $ $ Trump Tower III (south side) 77 15811 Collins Avenue combined w/ H19 52 Weeks $ $ Ritz Carlton Residences (north side) Subtotal Section “H” Lines No. 59 –77: $ ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 90 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net I.GOVERNMENT FACILITIES, ROW AND NON-RECREATIONAL FACILTIIES 78 I1 Sunny Isles Beach Government Center $ $ 52 Weeks 18070 Collins Avenue 79 I2 Government Center Annex52 Weeks $ $ 80 Stormwater Pond at Sunny Isles Boulevard I3 $ $ 52 Weeks and Collins Avenue 81 Stormwater Pond at Sunny Isles Boulevard I4 52 Weeks $ $ and North Bay Road 82 Stormwater Pond at Sunny Isles Boulevard on I5 52 Weeks $ $ West end 83 Public Works Compound under Wm Lehman I6 52 Weeks $ $ Causeway 84 Daily Litter Pickup for F1 – F6 I7 52 Weeks $ $ (7 Days A Week) 85 Town Center Conservation Area I8 52 Weeks $ $ (17620 Atlantic Blvd.) Bella Vista Conservation Area 86 (500 Sunny Isles Blvd.) I9 52 Weeks $ $ Subtotal Section “I” Lines No. 78 – 86: $ J.PERENNIAL COLOR REPLACEMENT 87 Perennial Color Replacement $ J1 9,555 $ Pentas, 4.5” pot, full; remove old plantings plants and fertilize with Nutricote 88 Perennial Color Replacement $ J2 9,555 $ Begonia ‘Big Series’, 4.5” pot, full; remove old plants plantings and fertilize with Nutricote 89 Perennial Color Replacement $ $ J3 9,555 Caladium ‘Florida Sweetheart’, 4.5” pot, full; plants remove old plantings & fertilize with Nutricote Subtotal Section “J” Lines No. 87 – 89: $ ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 91 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net K. ROYAL PALM MAINTENANCE 90 Merit Soil Drench for Royal Palms K1 $ $ 380 (Two times per year) Applications Imidacloprid or Safari Foliar Spray for Royal 91 $ $ Palms 190 K2 Applications (One time per year) Subtotal Section “K” Line No. 91-91: $ L. DATE PALM MAINTENANCE 92 $ $ Date Palm Root/Soil Drench 1185 L1 Applications (3 times per year) Subtotal Section “L” Line No. 92: $ TOTAL BASIC SERVICES (“ROW Recurring Monthly”) Lines No. 25 – 92: $ GRAND MONTHLY TOTAL PARKS AND R-O-W Lines 1 –92: $ TYPED Grand Written Total Basic Services: ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 92 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net Citywide Supplemental Services (“On Demand”) Section (This Is not Included in the Monthly Maintenance) NOTE: The quantities shown in this Bid Form are estimates only! They may vary significantly from the actual quantities ordered by the City. Payments shall be for the units ordered, placed, and accepted by the City. The Bidders, by signing this Bid Form and Contract, fully acknowledges that he/she will receive no additional compensation (no overhead, no anticipated profits, etc.) other than the proposal unit price of the items times the number of items authorized, ordered, placed, and accepted by the City. The following work consists of furnishing all labor, materials, supplies, equipment, tools, transportation and supervision necessary to perform and maintain the City’s landscape maintenance needs for City Facilities, Parks in accordance with the Performance Standards, Technical Specifications and Scope of Services detailed herein. Prices must be TYPED. UNIT Extended Total No. Ref PRICE Item DESCRIPTION Est. Qty. (For One No. Item) M. PLANT REPLACEMENT 93 Aechmea blanchetiana - M1 25 $ $ 3 gallon 94 Aechmea blanchetiana - M2 25 $ $ 7 gallon 95 Aerva lanata ‘Red Velvet’ - Red Velvet M3 100 $ 1 gallon $ 96 Alcantarea imperialis – Imperial Bromeliad 25 M4 $ $ 17” Pot 97 Arachis glabrata - $ M5 200 $ 1 gallon 98 Argusia gnaphalodes - M625 $$ 3 gallon 99 Bromeliad Neorgelia ‘Fireball’ M7 25 $ $ 1 gallon 100 Capparis cynophallophora - M8 50 $ $ 3 gallon 101 Chrysobalanus icaco ‘Horizontal’ M9 50 $ $ 3 gallon 102 Chrysobalanus icaco ‘Red Tip’ - M10 100 $ $ 3 gallons 103 Chrysobalanus icaco ‘Red Tip’ - M11 25 $ $ 7 gallon ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 93 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 104 Clusia guttifera - M1225 $ $ 3 gallon 105 Clusia guttifera – M13 200 $ $ 7 gallon 106 Clusia guttifera – M1425 $$ 15 gallon 107 Coccoloba uvifera – M15 25 $ $ 3 gallon 108 Coccoloba uvifera – M16 25 $$ 7 gallon Codiaeum variegatum ‘Mammey’ – 109 M1725 3 gallon $ $ Codiaeum variegatum ‘Petra’ – 110 M18 25 3 gallon $ $ Conocarpus erectus - 111 M19 100 3 gallon $ $ Conocarpus erectus - 112 M20 50 7 gallon $ $ Conocarpus erectus ‘Sericeus’ 113 M21 100 $ $ 3 gallon Conocarpus erectus ‘Sericeus’ 114 M22 50 $ $ 7gallon Cordyline fruticosa‘Aunie Lou’ – 115 M23 25 3 gallon $ $ Cordyline fruticosa‘Red Sister’– 116 M24 200 3 gallon $ $ Crinum augustum ‘Queen Emma’ 117 M25 25 7 gallon $ $ Crinum asiaticum – 118 M26 25 7 gallons $ $ Dianella tasmanica‘Variegata’ 119 M27 25 $ $ 1gallon 120 Dietes vegeta - M28 25 $ $ 3 gallon 121 Ernodea littoralis - M29 25 $ $ 1 gallon Ficus microcarpa ‘Green Island’ 122 M30 200 3 gallon $ $ ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 94 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net Ficus microcarpa ‘Green Island’ 123 M31800 7 gallon $ $ 124 Ficus pumila – M32 25 $ $ 1 gallon Furcraea foetida – 125 M3325 7 gallon $$ 126 Hamelia nodosa – M34 25 $ $ 3 gallon Hamelia patens - 127 M35 25 3 gallon $$ Ixora ‘Nora Grant’ 128 M36200 3 gallon $ $ Ixora ‘Taiwanese’ 129 M37 25 7 gallon $ $ Jasminum volubile - 130 M38 300 3 gallon $ $ 131 Lantana depressa ‘Gold’ – M39 50 $ $ 1 gallon 132 Liriope muscari ‘Big Blue’ – Lilyturf M40 200 $ $ 1 gallon 133 Microsorum scolopendria – M41 25 $ $ 3 Gal. 134 Monstera deliciosa - M42 25 $ $ 3 gallon 135 Muhlenbergia capillaris - M43100 $ $ 3 gallon 136 Myrcianthes fragrans - M4425 $ $ 3 gallon 137 Neomarica caerulea ‘Regina’ – M45 25 $ $ 3 gallon 138 Nephrolepis exaltata – M46 100 $ $ 1 gallon Pennistum setaceum ‘Alba’ 139 M47 25 $ $ 3 gallon Philodendron ‘Rojo Congo’ 140 M48 25 3 gallon $ $ 141 Podocarpus macrophyllus – M49 50 $ $ 7 gallon ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 95 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 142 Psychotria ligustrifolia – M5025 $ $ 3 gallon 143 Psychotria nervosa – M51 25 $ $ 3 gallon Ruellia brittoniana ‘Purple Showers’ 144 M5250 3 gallons $$ Scheflerra arboricola ‘Trinette’ 145 M53 300 3 gallon $ $ Scheflerra arboricola ‘Trinette’ 146 M54 100 7 gallon $$ Scheflerra arboricola ‘Dazzle’ 147 M55300 3 gallon $ $ Scheflerra arboricola ‘Emerald Green’ 148 M56 25 3 gallon $ $ Serenoa repens‘Cinerea’ - 149 M57 25 7 gallon $ $ Serenoa repens‘Cinerea’ - 150 M58 25 15 gallon $ $ 151 Sophora tomentosa - M59 25 $ 3 gallon $ 152 Spartina bakeri – M60 25 $ 1 gallon $ 153 Stachytarpheta jamaicensis M61 25 $ $ 3 gallon 154 Tradescantia Spathacea ‘Tricolor’ M62 100 $ $ – Dwarf Oyster Plant 1 gallon 155 Tripsacum floridanum – M63 100 $ $ 3 gallon 156 Tripsacum dactyloides – M64 100 $ $ 3 gallon 157 Uniola paniculata – M65 200 $ $ 1 gallon 158 Zamia furfuracea – M66 25 $ $ 7 gallon 159 Zamia pumila - M67 25 $ $ 7 gallon ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 96 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 160 Acoelorrhaphe wrightii ‘Paurotis Palm’ M683 14’ ht.(7-8 trunks min 6’ c.t. min) $ $ 161 Bismarkia nobilis- M695 12’ g.w. $ $ Bulnesia arborea - 162 M70 5 12’ ht. $ $ Bursera simaruba - 163 M71 3 12’ ht. $ $ 164 Chamaerops humilis – M72 3 3’-4’ ht. $ $ 165 Chrysophyllum oliviforme - M733 6’ o.a. $ $ Clusia guttifera -a 166 M74 3 10’ ht. $ $ 167 Clusia rosea – M75 3 12’ ht. $ $ 168 Coccoloba diversifolia - M76 3 12’ ht. $ $ 169 Coccoloba uvifera - M77 3 12’ ht. $ $ Cocos Nucifera Gr. Malayan - 170 M78 3 4’ g.w. $ $ Cocos Nucifera ‘Gr. Malayan - 171 M79 3 8’ g.w. $ $ Cocos Nucifera ‘Gr. Malayan’ - 172 M80 3 $ $ 12’ g.w. Cocos Nucifera ‘Gr. Malayan’ - 173 M81 3 $ $ 20’ g.w. Conocarpus erectus - 174 M82 5 12’ ht. $ $ Conocarpus erectus ‘Sericeus’ 175 M83 5 $ $ 12’ ht. Cordia sebestena - 176 M84 4 12’ ht. $ $ 177 Delonix regia – M85 3 16’ ht. $ $ 178 Ilex cassine – M86 3 10’ Ht. $ $ 179 Krugiodendron ferreum – M87 3 12’ Ht. $ $ ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 97 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net Ligustrum japonicum - 180 M88 3 10’ ht., Multi-trunk $ $ Livistona chinensis- 181 M89 3 12’-14’ ht. $$ 182 Lysiloma latisiliqua – M90 3 12’ ht.$$ 183 Myrcianthes fragrans – M91 3 10’ ht. $ $ 184 Pandanus utilis - M92 3 10’-12’ ht., triple trunk $ $ Phoenix dactylifera ‘Medjool’ 185 M93 10 16’ c.t. to nut (certification required) $ $ Phoenix dactylifera ‘Medjool’ 186 M94 10 22’ c.t. to nut (certification required) $ $ Phoenix sylvestris – 187 M95 50 14 c.t. to nut $ $ 188 Phoenix roebelenii - M96 5 6’-8’ ht., triple $ $ Ptychosperma elegans - 189 M97 32 10’-12’ ht., double trunk $ $ Ptychosperma elegans - 190 M98 5 20’ ht., single $ $ Roystonea elata - 191 M99 5 16’ g.w. $ $ Roystonea elata - 192 M100 5 8’ g.w. $ $ Sabal palmetto - 193 M101 50 16’-20’ ht. $ $ Taxodium distichum - 194 M102 5 12’ ht. $ $ Thrinax radiata - 195 M103 60 4’ ht. $ $ Thrinax radiata - 196 M104 60 8’ ht. $ $ Veitchia montgomeryana - 197 M105 5 $ $ 12’ ht il tk Veitchia montgomeryana - 198 M106 5 18’-20’ ht., triple trunk $ $ 199 Wodyetia bifurcata – M107 22 12’ g.w. $ $ Subtotal Section “M” Lines No. 93 – 199: $ ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 98 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net N. MATERIALS 200 596 N1Coconut Palm OTC Injection $ $ Application 383 201 Application N2 Date Palm OTC Injection $ $ 202 Topsoil (70/30 Mix) 200 N3 $ $ Delivered and Installed Cu. Yd. 203 Premium Gold Mulch 1,500 N4 $ $ Delivered and Installed Cu. Yd. 100 204 $ Premium Gold Mulch N5 Bags $ Delivered and Installed (2 cu. ft.) 205 #70 Trap Sand 700 N6 $ $ Delivered and Installed Cu. Yd. 206 Atlas 3000 (or equal) Mix 100 N7 $ $ Delivered and Installed Cu. Yd. 207 Solid St. Augustine ‘Floratam’ Sod 2500 N8 $ $ Delivered and Installed Sq. Ft. 60 pallets 208 Solid St. Augustine ‘Floratam’ Sod N9 (500 SF $ $ Delivered and Installed Each) 5 pallets 209 Solid Bermuda ‘Tifway 419’ Turf N10 (400 SF $ $ Delivered and Installed Each) 5 pallets 210 Solid Paspalum notatum ‘Argentine’ Bahia N11 (400 SF $ $ Sod Delivered and Installed Each) 5 pallets 211 Paspalum Vaginatum N12 (400 SF $ $ Loaded and Installed Each) 212 N13 Palm Beach Cap Rock 4 Sq. Ft. $ $ 213 N14 Black Cow Soil 5 Pallets $ $ Subtotal Section “N”Lines No. 200 – 213 $ ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 99 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net O. LABOR 214 100 Hours O1 ISA certified Arborist (8am – $ $ 5pm, M-F) 215 100 Hours O2 Professional Mangrove Trimmer (PMT) (8am – $ $ 5pm, M-F) 216 100 Hours O3 One Landscape Superintendent (8am – 5pm, M-F) $ $ 217 100 Hours O4 One Landscape Superintendent (All other times) $ $ 218 100 Hours O5 One Landscape Laborer (8am – 5pm, M-F) $ $ 219 100 Hours One Landscape Laborer (After normal O6 (All other Business Hours) times) $ $ 220 75 Hours O7 One Irrigation Specialist (8am – 5pm, M-F) $ $ 221 50 Hours O8 One Irrigation Specialist (All other times) $ $ 222 75 Hours O9 One Irrigation Laborer (8am – 5pm, M-F) $ $ 223 50 Hours O10 One Irrigation Laborer (All other times) $ $ Subtotal Section “O” Lines No. 214 – 223 $ P. EQUIPMENT 224 One Front End Loader with Backhoe, P1 5 Hours including an Operator (Hourly Rate) $ $ 225 One Front End Loader with Backhoe, P2 5 Days including an Operator (Daily Rate) $ 226 One 15,000 GVW (or larger) Dump Truck P3 5 Hours $ with an Operator (Hourly Rate) $ ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 100 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 227 One 15,000 GVW (or larger) Dump Truck P4 5 Days with an Operator (Daily Rate) $ $ 228 One Trailer Mounted Water Tank (500 P5gallon minimum) with Pump and Hose Reel5 Days (Daily Rate) $ $ 229 One Self Propelled 24” Deep by 6” Wide P65 Hours Trencher with an Operator (Hourly Rate) $ $ 230 One Self Propelled 24” Deep by 6” Wide P75 Days Trencher with an Operator (Daily Rate) $ $ 231 Bucket Truck (equipment only) P8 20 Hours (Hourly Rate) $ $ 232 Chipper Brush (equipment only) P9 20 Hours (Hourly Rate) $ $ 233 Stump Grinder (equipment only) PI0 10 Hours (Hourly Rate) $ $ 234 Grapple Loader P11 (30 cu. yd. capacity, equipment only) 10 Hours (Hourly Rate) $ $ 235 Bulldozer (Including Operator) P12 10 Hours (Hourly Rate) $ $ 236 Bulldozer (Including Operator) P13 5 Days $ $ (Daily Rate) Subtotal Section “P” Lines No. 224 – 236: $ Q. MISCELLANEOUS ITEMS 162 $$ Q1 Remove or Cover Graffiti, as Directed 50 Hours 164 10 Q2 Bee, Wasp & Hornet nest removal $ $ Removals Preventive Mosquito Control 165 40 within City Parks, Beach, ROW. Q3 $ $ Hours Citywide. 383 166 Q4 Date Palm fungicide trunk drench Application $ $ 167 100 Q5 DeepRoot Root barrier $ $ Linear Foot 168 As-needed additional Fertilization (Lawns, 100 Q6 $ $ Shrubs, Trees, Palms) Linear Foot ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 101 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 169 Q7As-needed additional Soil tests 5 Locations $ $ 170 Q8 As-needed additional Tree Pruning 50 Trees $ $ 171 Q9 As-needed additional Palm Pruning 50 Trees $ $ The following rates shall be all inclusive of labor, equipment, maintenance, fuel, delivery costs, travel time, per diem and any other travel or miscellaneous expenses. 172 Operations Manager w/ Cell Phone and .5 Hourly Q8 Ton Pickup Truck Labor Rate $$ 173 Hourly Q9 Tree Climber/ Chainsaw and Gear Labor Rate $$ 174 Laborer w/ Small Tools, Traffic Control, or Hourly Q10 Flag Person Labor Rate $$ 175 Hourly Q11 Skilled Sawman Labor Rate $$ Loading and Hauling Debris from Public Property and Rights-of-Way (vegetative or 176 construction debris) to a Temporary Debris Per Cubic Q12 Staging and Reduction Site per Cubic Yard Yard within City Limits $ $ (Estimated 5,000 cubic yards) Loading and Hauling Debris from Public 177 Property and Rights-of-Way (vegetative or Per Cubic construction debris) to a Final Disposal Site Q13 Yard per Cubic Yard within 25 miles of City limits (Estimated 5,000 cubic yards) $ $ 178 Loading and Hauling Debris from Public Property and Rights-of-Way (vegetative or Per Cubic construction debris) to a Final Disposal Site $ Q14 $ Yard per Cubic Yard in excess of 25 miles (Estimated 5,000 cubic yards) per Cubic 179 Debris Reduction by Chipping/Grinding Per Q15 Yard Cubic Yard $ $ 180 Removal of Hazardous Trees and Limbs Work consists of removing and placing Q16 them at a City approved location on the City Each ROW. 6 inch to 23.99 inch diameter $$ 181 Q17 Continued… Each (A) 24 inch to 35.99 inch diameter $$ ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 102 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net Q17 Continued… 182 Each (B) 36 inch and larger diameter $ $ 183 Removal of Hazardous StumpsRate includes removal, backfill of stump hole, reduction, Q18 Each $ and final disposal. Sizes as follows: 24.1 $ inch to 36.99 inch diameter 184 Q19A 37 inch to 48.99 inch diameter Each $ $ 185 $ Q19B 49 inch and larger diameter Each $ 186 Generator, 500 KW, List kW Capacity Hourly Q20 (Daily Rate) Labor Rate $ $ 187 Wheel Loader, 3 CY, 152 HP Hourly Q21 (Including Operator) (Daily Rate) Labor Rate $ $ 188 Dozer, Tracked, D4 or Equivalent Hourly Q22 (Including Operator) Labor Rate (Daily Rate) $ $ 189 Tub Grinder 800 to 1,000 HP Hourly (Including Operator) Q23 Labor Rate (Hourly Rate) $ $ 190 Truck, Flatbed Hourly Q24 (Including Operator) Labor Rate (Hourly Rate) $ $ 191 Dead Animal Carcasses Work consists of Q24 collection, Hauling and final disposal of dead Per pound $ $ animal carcasses. 192 Pressure Clean Various City Locations after Q25 Per SQ. $ $ a storm 193 Hang banners in the locations designated by Q26 Per Banner $ $ the City Subtotal Section “Q”Lines No. 162 – 193: $ TOTAL SUPPLEMENTAL SERVICES FOR (“On Demand”) Lines No. 93 – 193: $ TYPED Total Supplemental Services: ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 103 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net GRAND TOTAL BASIC SERVICES (“Recurring Monthly”) & (“Supplemental “On-Demand” $ Services) Lines No. 1 – 193: 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. (1)Authorized Signatory: _______________________________________________ Executed by/Title: ______________________________________________________ (2)Authorized Signatory: _______________________________________________ Executed by/Title: ______________________________________________________ For (Company):_____________________________________________________ ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 104 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 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 Addendum #1, Dated Addendum #2, Dated Addendum #3, Dated Addendum #4, Dated Addendum #5, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated PART II: NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID FIRM NAME: AUTHORIZED SIGNATURE: TITLE OF OFFICER: DATE: ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 105 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net BID SUBMITTAL FORM Bid Title: Citywide Landscaping Services 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: _____________________________________________________________________________ Street Address: _____________________________________________________________________________ Mailing Address (if different): _____________________________________________________________________________ Telephone No. _______________________________Fax No. _________________________ Email Address: _______________________________FEIN No. __/__-__/__/__/__/__/__/__ ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 106 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net * Signature: __________________________________________________________________ (Signature of authorized agent) Print Name: _________________________ Title:_________________________________________ 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. ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 107 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net SECTION 8 Proposal Format& Questionnaire 8.1 FORMAT The original Bid must contain an original signature. Be sure that the individual signing the bid is authorized to commit the Bidder’s organization to the bid as submitted. Each page of the bid 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. Submit the bid electronically through DemandStar.com. ENSURE TO ADDRESS ALL MINIMUM QUALIFICATION REQUIREMENTS SPECIFIED IN SECTION 2.2. LABEL EACH SECTION AS NUMBERED The proposal must be in the following format. Ensure to address all Minimum Qualification Requirements. 1.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 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 3.Project Approach Maintenance and Service Plan (“M&S”) Quality Control Plan (“QCP”) 4.Staffing Resumes including relevant experience and qualifications of key personnel, including field supervisor, and key personnel of subcontractors, if any, that will be assigned to this project. ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 108 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net Organizational chart of entire structure that is proposed to service account. List job description in the organization described above. Overall employee policy and training program. Outline of safety program. 5.Bid Form A fully completed Bid Form in accordance with Section 6. Any pricing conditions or contingencies must be clearly stated. 6.References Each Bidder must submit a minimum of (3) 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. 7.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. 8.Contract Forms All completed contract forms 9.Exceptions Any exceptions to this ITB. ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 109 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 8.2 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 1. How many years has your company been in business under its current name and ownership? a. Professional Licenses/Certifications (include name and number)* Issuance Date (*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? (This answer should be specific) e. Name of licensed/certified employee(s), license/certification number, and relationship to company: ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 110 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net f.Namesof 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 3.Type of Company: 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 b.Is any owner identified above an owner in another company? Yes No 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 ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 111 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net their authority ( check applicable boxes and for other provide specific levels of authority) Name Title Signatory Authority Cost No-Cost Other All Explanation for Other: 5.Employee Information Total No. of Employees: Number of Managerial/Admin. Employees: Number of Trades Personnel and total number per classification: (Apprentices must be listed separately for each classification) 6.Name of Certified Arborist:(provide copy of certification) 7.Name of Certified Irrigation Technician:(provide copy of license) 8.Name of Certified Pest Control Operator:(provide copy of license) 9.Has any owner or employee of the company been convicted of a federal offense or moral turpitude: If yes, please explain: 10.Insurance & Bond Information Insurance Carrier name & address: a.Insurance Contact Name, telephone, & e-mail: b.Insurance Experience Modification Rating (EMR):_ (if no EMR rating please explain why) ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 112 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net c. Number of Insurance Claims paid out in last 5 years & value: d. Bond Carrier name & address: e. Bond Carrier Contact Name, telephone, & e-mail: f. Number of Bond Claims paid out in last 5 years & value: 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. 12. Has your company been assessed liquidated damages or defaulted on a project in the past five (5) years? Yes No (If yes, provide an attachment that provides an explanation of the project and explanation) 13. Has your company been cited for any OSHA violations in the past five (5) years? If yes, please provide an attachment including all details on each citation. Yes 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. B. Project Management & Subcontract Details 1. Program Manager for Parks: a. Name: b. Years with Company: ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 113 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net c.Licenses/Certifications: d.Last 3 projects with the company including role, scope of work, & value of project: Program Manager for ROW: e.Name: f.Years with Company: g.Licenses/Certifications: h.Last 3 projects with the company including role, scope of work, & value of project: 2.Field Supervisor for this Project- Parks: a.Name: b.Years with Company: c.Licenses/Certifications: d.Last 3 projects with the company including role, scope of work, & value of project: ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 114 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 3. Field Supervisor for this Project- ROW: a. Name: b.Years with Company: c. Licenses/Certifications: d. Last 3 projects with the company including role, scope of work, & value of project: 4. Subcontractors: (See Contract restrictions on Subcontracting Section 1.52) Name Trade/Work to % of Work License No. be performed C. Disposal Site(s) 1. Will your company be disposing of cuttings and debris at a Miami Dade County Site? Yes/No (circle one). If yes, provide a copy of all applicable Landscape Permits. 2.If your company is using alternate disposal sitesprovidethe following informationfor a maximum of two alternate sites: 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) ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 115 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net Current and Prior Experience: 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 orprojects of a similar size, scope, and complexity: Provide an attachment to this Questionnaire that includes contracts or projects the Bidderconsidersofasimilar, 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 or project, projected and final timeframes for completion in calendar days. A the contract reference letter is to be completed by the owner of the Project and submitted as part of the Bid submission. D. Bidder’s References Bidders are to include a minimum of three (3) 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. references after the specified The City, at its sole discretion may allow the Bidder to submit the date for Bid submission. E. Proposed Maintenance Plan 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 24-06-02. 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. F. Financial Status 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 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 ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 116 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 2.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). b.Has any Majority Shareholder ever had a Bankruptcy Petition filed in his/her name, voluntarily or involuntarily? (If yes, specify date, circumstances, and resolution). c.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). G.Declaration I declare under penalty of perjury that the foregoing information is true and correct. Executed on (date) Authorized representative (print): 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 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. ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 117 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 8.3 EQUIPMENT AND VEHICLES *Note: This form is to be used for question A14 of the Questionnaire. Print as many as are required. Vehicle/EquipmentManufacturerVehicle/Equipment Rented/OwnedDedicated Solely Age (Years) to City’s Work Rented/Leased Owned Rented/Leased Owned Rented/Leased Owned Rented/Leased Owned Rented/Leased Owned Rented/Leased Owned Rented/Leased Owned Rented/Leased Owned Rented/Leased Owned Rented/Leased Owned ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 118 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net REASON FOR “NO BID” For firms choosing NOT to propose on this opportunity, the City appreciates your response using this form. Please return via email to Purchasing@sibfl.net. Why did your firm choose not to respond to this opportunity? Circle all that apply from below list: ____ a.We do not offer these services or equivalent. b.Insufficient time to respond to the solicitation. c.Our project schedule would not permit us to perform. d.Unable to meet requirements. Other: ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 119 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net EXHIBIT A – Appendix II to Part 200 ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 120 Exhibit“A” o the main solicitation. This Exhibit is hereby incorporated by reference int FEDERAL PROVISION RELATED TO GRANT FUNDS THAT MAY BE USED TO FUND THE SERVICES AND GOODS UNDER THIS SOLICATION This solicitation is or may become fully or partially Federally Grant funded. To the extent pplicable, in accordance with Federal law, proposers shall comply with the clauses as a enumerated below. Proposer shall adhere to any and all other applicable Federal Laws. Including, but not limited to, those set forth below, as well as those listed below, which are incorporated herein by reference: a.2 CFR. 25.110 b.2 CFR Part 170 (including Appendix A), 180, 200 (including Appendixes), and 3000 c.Executive Orders 12549 and 12689 d.41 CFR s. 60-1(a) and (d) e.Consolidated Appropriations Act, 2021, Public Law 116-260 related to salary limitations These cited regulations are hereby incorporated and made part of this Solicitation as if fully set forth herein. As stated above, this list is not all inclusive, any other requirement of law applicable in accordance with the Federal, State or grant requirements are also applicable and hereby incorporated into this Solicitation. If Proposer cannot adhere to or objects to any of the applicable federal requirements, Proposers proposal may be deemed by the City as unresponsive. The provisions in this exhibit are supplemental and in addition to all other provisions within the Procurement. In the event of any conflict between the terms and conditions of this Attachment and the terms and conditions of the remainder of the Procurement, the conflicting terms and conditions of this Exhibit shall prevail. However, in the event of any conflict between the terms and conditions of this Exhibit and the terms and conditions of any federal grant funding document provided specific to the funds being used to contract services or goods under this Procurement the conflicting terms and conditions of that document shall prevail. Drug Free Workplace Requirements(Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), 2 CFR § 182): To the extent applicable, proposer must comply with Federal Drug Free workplace requirements as Drug Free Workplace Act of 1988. Conflict of Interest (2 CFR § 200.112): The proposer must disclose in writing any potential conflict of interest to the City or pass-through entity in accordance with applicable Federal, County and/or City policies. Mandatory Disclosures (31 U.S.C. §§ 3799 – 3733): Proposer acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Proposer’s actions pertaining to this solicitation. The Proposer must disclose in writing all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Utilization of Minority and Women Firms (M/WBE) (2 CFR § 200.321): The Proposer must take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible, in accordance with 2CFR 200.321. If 1 subcontracts are to be let, prime proposer will require compliance by all sub-contractors. Prior to contract award, the proposer shall document efforts to utilize M/WBE firms including what firms were solicited as suppliers and/or subcontractors as applicable and submit this information with their bid submittal. Information regarding certified M/WBE firms can be obtained from: Florida Department of Management Services (Office of Supplier Diversity) Florida Department of Transportation Minority Business Development Center in most large cities and Local Government M/DBE programs in many large counties and cities Equal Employment Opportunity (As per 2 CFR Part 200, Appendix II(C); 41 CFR § 61-1.4; 41 CFR § 61-4.3; Executive Order 11246as amended by Executive Order 11375): During the performance of this Contract, the proposer agrees as follows: (1) The Proposer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Proposer will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Proposer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause; (2) The Proposer will, in all solicitations or advertisements for employees placed by or on behalf of the Proposer, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin; (3) The Proposer will send to each labor union or representative of workers with which it has a collective bargaining Contract or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Proposer’s commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment; (4) The Proposerwill comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor; (5) The Proposer will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.; (6) In the event of the Proposer’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Proposermay be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.; (7) Proposer will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor orvendor. The Proposer will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for 2 noncompliance: Provided, however, that in the event a Proposer becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Proposermay request the United States to enter into such litigation to protect the interests of the United States. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT . OPPORTUNITY (EXECUTIVE ORDER 11246) SEE EXHIBIT H TO THE ITB FOR THE COMPLETE NOTICE Davis-Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148, as supplemented by 29 CFR Part 5): If applicable to this solicitation, the proposer agrees to comply with all provisions of the Davis Bacon Act as amended (40 U.S.C. 3141-3148). Proposers are 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. If the grant award contains Davis Bacon provisions, the City will place a copy of the current prevailing wage determination issued by the Department of Labor in the solicitation document. The decision to award a contract shall be conditioned upon the acceptance of the wage determination. Copeland Anti Kick Back Act (40 U.S.C. § 3145 as supplemented by 29 CFR Part 3): If applicable to this Solicitation, proposershall comply with all the requirements of 18 U.S.C. § 874, 40 U.S.C. § 3145, 29 CFR Part 3 which are incorporated by reference to this solicitation. Proposers are 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. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701–3708 as supplemented by 29 CFR Part5): Allcontracts awarded in excess of $100,000 that involve the employment of mechanics or laborers must be in 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 is 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. Clean Air Act (42 U.S.C. 7401–7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251–1387, as amended): Proposer agrees 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). Debarment and Suspension (2 CFR part 180, Executive Orders 12549 and 12689): Proposer certifies that it and its principals, if applicable, are not presently debarred or suspended by any 3 Federal department or agency from participating in this transaction. Proposer now agrees to verify, to the extent applicable that for each lower tier subcontractor that exceeds $25,000 as a “covered transaction” under the Services to be provided is not presently disbarred or otherwise disqualified from participating in the federally assisted services. The proposer agrees to accomplish this verification by: (1) Checking the System for Award Management at website: http://www.sam.gov; (2) Collecting a certification statement similar to the Certification of Offeror /Bidder Regarding Debarment, herein; (3) Inserting a clause or condition in the covered transaction with the lower tier contract. B yrd Anti-Lobbying Amendment (31 U.S.C. 1352): Proposer must file the required certification, attached to the procurement. 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. The contractor shall certify compliance. Rights to Inventions Made Under a Contract or Agreement (37 CFR Part 401): Please contact the City for further information related to the applicable standard patent rights clauses. Procurement of Recovered Materials(2 CRF 200.323 and 40 CFR Part 247): Proposer 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 energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Access to Records and Reports:Proposer will make available to the City’sgranting agency, the granting agency’s Office of Inspector General, the Government Accountability Office, the Comptroller General of the United States, State of Florida, the City, or any of their duly authorized representatives any books, documents, papers or other records, including electronic records, of the contractor that are pertinent to the City’s grant award, in order to make audits, investigations, examinations, excerpts, transcripts, and copies of such documents. The right also includes timely and reasonable access to the contractor’s personnel during normal business hours for the purpose of interview and discussion related to such documents. This right of access shall continue as long as records are retained. Record Retention (2 CFR § 200.33): Proposer will retain of all required records pertinent to this contract for a period of three years, beginning on a date as described in 2 C.F.R. §200.333 and retained in compliance with 2 C.F.R. §200.333. 4 Federal Changes: Proposer shall comply with allapplicable Federal agency regulations, policies, procedures and directives, including without limitation those listed directly or by reference, as they may be amended or promulgated from time to time during the term of any awarded contract. Termination for Default (Breach or Cause): If Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate the contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. Termination for Convenience: AnyAwarded Contract may be terminated by the City in whole or in part at any time, upon ten (10) days written notice. If the Contract is terminated before performance is completed, the Contractorshall be paid only for that work satisfactorily performed for which costs can be substantiated. Safeguarding Personal Identifiable Information(2 CFR § 200.82):Proposers will take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive by the awarding agency or is considered sensitive consistent with applicable Federal, state and/or local laws regarding privacy and obligations of confidentiality. Prohibition On Utilization Of Cost Plus A Percentage Of Cost Contracts(2 CFR Part 200): The City will not award contracts containing Federal funding on a cost-plus percentage of cost basis. Energy Policy and Conservation Act (43 U.S.C. § 6201 and 2 CFR Part 200 Appendix II (H): Proposer shall comply with mandatory standards and policies relating to energy efficiency, stating in the state energy conservation plan issued in compliance with the Energy Policy and Conservation act. (Pub. L. 94-163, 89 Stat. 871) \[53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995\]. Proposer will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits Proposer from (1) engaging in severe forms of trafficking in persons during the period of time that the resulting contract is in effect; (2) procuring a commercial sex act during the period of time that the resulting contract is in effect; or (3) using forced labor in the performance of the contracted services under a resulting contract. A resulting contract may be unilaterally terminated immediately by the Cityfor Consultant’s violating this provision, without penalty. Domestic Preference For Procurements (2 CFR § 200.322): As appropriate and to the extent consistent with law, to the greatest extent practicable when using federal funds for the services provided in a resulting contract, shall provide a preference for the purchase, acquisition, or use of goods and products or materials produced in the United States. Buy America (Build America, Buy America Act (Public Law 117-58, 29 U.S.C. § 50101. Executive Order 14005):All iron, steel, manufactured products and construction materials used under a 5 federally grant funded project must be produced in the United States. Additional requirements may apply dependingon the Federal Granting Agency provisions, please check with the City for further details. Proposers shall be required to submit a completed Buy America Certificate with this procurement, an incomplete certificate may deem the proposers submittal non-responsive. Prohibition On Certain Telecommunications And Video Surveillance Services Or Equipment (2 CFR § 200.216): Proposer and any subcontractors are prohibited to obligate or spend grant funds to: (1) procure or obtain, (2) extend or renew a contract to procure or obtain; or (3) enter into a contract to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Pub. L. 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). i.For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). ii. Telecommunications or video surveillance services provided by such entities or using such equipment. iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise, connected to the government of a covered foreign country. Enhanced Whistleblower Protections(41 U.S.C. § 4712): An employee of Proposer and/or its subcontractors may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in 42 U.S.C. § 4712(a)(2) information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. Federal Funding Accountability and Transparency Act (FFATA) (2 CFR § 200.300; 2 CFR Part 170): In accordance with FFATA, the Proposer shall, upon request, provide the City the names and total compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in federal awards, received $25,000,000 or more in annual gross revenues from federal awards, and if the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986. Federal Awardee Performance and Integrity Information System (FAPIIS)( The Duncan Hunter National Defense Authorization Act of 2009 (Public Law 110-417 and 2 CFR Part 200 Appendix XII)): The Proposershall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of this contract, by posting the required information in the System for Award Management via https://www.sam.gov. 6 Never Contract With The Enemy (2 CFR Part 183): Applicability: only to grant and cooperative agreements in excess of $50,000 performed outside of the United States, Including U.S. territories and are in support of a contingency operation in which members of the Armed Forces are actively engaged in hostilities. Requirement: Proposer must exercise due diligence to ensure that none of the funds, including supplies and services, received are provided directly or indirectly (including through subawards or contracts) to a person or entity who is actively opposing the United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities, which must be completed through 2 CFR 180.300 prior to issuing a subcontract. Federal Agency Seals, Logos and Flags: The Proposer shall not use any Federal Agency seal(s), logos, crests, or reproductions offlags or likenesses of any federal agency officials without specific federal agency pre-approval. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any otherparty pertaining to any matter resulting from a resulting contract. The _________________________________________\[insert name of the signator\] on behalf of _________________________________ the Proposeris authorized to sign below and confirm the proposer is fully able to comply with these requirements, federal terms and conditions and has on made any inquiries and further examination of the law and requirements as is necessary to comply. DATE: SIGNATURE: COMPANY: NAME: ADDRESS:TITLE: E-MAIL: PHONE NO.: 7 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net EXHIBIT B – Parks Map ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 121 FyijcjuC CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net EXHIBIT C – Right-of-Way Maps ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 122 FYIJCJUD CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net EXHIBIT D – Tree Maintenance Classification ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 123 FyijcjuE CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net EXHIBIT E – TREE SUMMARY ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 124 FYIJCJUF Right-of-Way Tree Count ITB 24-06-02 TREE SUMMARY SPECIES QTY ALEXANDER PALM32 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 CLUSSIA8 COCONUT PALM 596 DATE PALM372 DESERT CASSIA 1 FOXTAIL PALM 22 GREEN BUTTONWOOD47 HORSEFLESH MAHOGANY 6 JAPANESE BLUEBERRY 47 LIGUSTRUM15 MAHOGANY 14 OAK 28 OLEANDER 68 ORANGE GEIGER 19 PIGEON PLUM 83 ROBELLINI PALM 20 ROYAL PALM 190 ROYAL POINCIANA 5 RUBBER TREE1 SABAL PALM 84 SEA GRAPE 24 SENEGAL DATE PALM3 SILVER BUTTONWOOD17 SOLITAIRE PALM 30 SYLVESTER PALM4 THATCH PALM 208 UMBRELLA TREE 1 WASHINGTON PALM 47 WILD TAMARIND 1 YELLOW CASSIA 4 TOTAL 2146 ITB 24-06-02 TREE SUMMARY SPECIESQTY UNIDENTIFIED2 ALEXANDER PALM39 ALLSPICE TREE1 ARECA PALM46 BAHAMA STRONGBARK1 BALD CYPRESS6 BAMBOO31 BANYAN2 BISMARCK PALM1 BLACK IRONWOOD5 BLACK OLIVE3 BLOLLY3 BOTTLEBRUSH9 BRAZILIAN BEAUTYLEAF24 CALOPHYLLUM3 CHRISTMAS PALM3 CLUSSIA7 COCONUT PALM296 DATE PALM149 DESERT CASSIA1 DOUBLE VEITCHIA SPP (ALEXANDER)1 FIREBUSH4 FOXTAIL PALM5 GREEN BUTTONWOOD101 GUMBO LIMBO56 HIBISCUS6 JAMAICA DOGWOOD1 JAPANESE BLUEBERRY68 LIGNUM VITAE3 LIGUSTRUM21 LIME TREE1 LIVE OAK TREE1 LOCUST BERRY1 MAHOGANY15 MONTGOMERY PALM21 OAK63 ORANGE GEIGER13 PARADISE TREE1 PAUROTIS PALM14 PHOENIX DACTYLIFERA6 PIGEON PLUM25 PURPLE GLORY TREE1 QUEEN PALM1 RED STOPPER4 ROBELLINI PALM83 ROYAL PALM64 ROYAL POINCIANA3 SABAL PALM173 SATIN LEAF4 SCREWPINE3 SEA GRAPE4 SENEGAL DATE PALM1 SHAVING BRUSH TREE1 SHORT LEAVED FIG2 SILVER BUTTONWOOD37 SIMPSON STOPPER13 SOLITAIRE PALM96 SPANISH STOPPER7 SPICEWOOD1 THATCH PALM49 TRAVELERS PALM11 TRIPLE ROBELLINI PALM1 TRIPLE VEITCHIA SPP (ALEXANDER)3 UMBRELLA TREE41 WASHINGTON PALM20 WAX MYRTLE18 WILD TAMARIND16 WILLOW BUSTIC2 YELLOW CASSIA16 YELLOW ELDER1 TOTAL 1735 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net EXHIBIT F – BUS SHELTER ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 125 FYIJCJUG CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net EXHIBIT G – RESPONDING TO AN ELECTRONIC BID ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 126 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net AFFIDAVITS ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 127 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, _____________________________________________________________ (Name of Corporation, Partnership, Individual, etc.) a, ________ ________________________, formed under the laws of _____________ (Type of Business) (State) of which he is ________________________________________________. (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. ______________________________________________________________________ TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this _____ day of _______________________, 200_. Personally Known ________ or Produced Identification ________; Type of identification ___________________________________ (Affix seal here) ___________________________________ (name printed or typed) D ECEMBER 28,2010 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 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 sworn statement is submitted to City of Sunny Isles Beach _____________ by____________________________________________________________________________ \[print individual’s name and title\] for____________________________________________________________________________ \[print name of entity submitting sworn statement\] whose business address is: _______________________________________________________________________________ _______________________________________________________________________________ and (if applicable) its Federal Employer Identificationnumber (FEIN) is_____________________. rn (If the entity had no FEIN, include the Social Security Number of the individual signing this swo statement:_________________________________.) I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or 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. I 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. I 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 personwho 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 D ECEMBER 28,2010 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. I 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. relation to the entity Based on information and belief, the statement which I have marked below is true in submitting this sworn statement. (Indicate which statement applies.) ____ Neither 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 moreof itsofficers, directors, executives, partners, shareholders, employees, members, oragents who areactive in the management of the entity, or an affiliate of theentityhas beenchargedwith andconvicted ofa public entity crime subsequent toJuly 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) ______________________________________ (PrintedName) ______________________________________ (Title) Sworn to and subscribed before me this ______ day of_______________________, 20_____, by __________________________________________________. (AFFIX NOTARY STAMP HERE) ______________________________________ Signature: ______________________________________ roduced ________________________________10/1998 cation __________ Personally Known __________ OR Produced Identifi City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 D ECEMBER 28,2010 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 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 FLORIDA COUNTY OF ___________________ BEFORE ME, the undersigned authority, personally appeared _____________________________, who was duly sworn, deposes, and states: I am the _________________________________________________ of __________________________________with a local office in _____________________________ and principal office in _____________________. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. ______________ described as: . The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 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. 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. 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, State, or Federal Agency. 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. I 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. I 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. 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 _________ day of _____________________________________, 20. _________________________________ _________________________________ AFFIANTPrint or Type Name and Title Sworn to and subscribed before me this _____ day of ______________________, 20. Personally Known ________ OR Produced Identification ________; Type of Identification _________________________ __________________________________ City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 D ECEMBER 28,2010 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 D ECEMBER 28,2010 CONTRACTOR ANTI-BOYCOTT CERTIFICATION \[PURSUANT TO FLORIDA STATUTE § 215.4725\] PERFORMANCE BOND City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, ___________________________________________________________, as Principal, hereinafter called Contractor, and ________________________, as Surety, are bound to the City of Sunny Isles Beach, Florida, as Obligee, hereinafter called City, in the amount of ________________________________ Dollars ($ _____________) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No, awarded the day of , 20 , with in accordance with contract documents prepared by the City of Sunny Isles Beach, which Contract is by reference made a part hereof, and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the Contractor: 1.Fully performs the Contract between the Contractor and the City for services described within (Bid No. _______________) within calendar days after the date of Contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 2.Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of Contractor), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that City sustains because of default by Contractor under the Contract; and 3.Upon notification by the Citycorrects any and all defective or faulty Work or materials which appear within one and one half (1 1/2) years, and: 4.Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void, otherwise it remains in full force. Whenever Contractor shall be, and declared by City to be, in default under the Contract, the City having performed City’s obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 4.1.Complete the Contract in accordance with its terms and conditions; or 4.2.Obtain a Bid or Bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive Proposers, or, if the City elects, upon determination by the City, and Surety jointly of the best, lowest, qualified, responsible and responsive Proposers, arrange for a Contract between such Proposers and City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under thisparagraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price." as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein. 9 OF 10 The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond. Signed and sealed this day of, 20 . WITNESS:BY: (Name of Corporation) _________________________ Secretary (Signature) (CORPORATE SEAL) (Type Name and Title Signed Above) IN THE PRESENCE OF; INSURANCE COMPANY: BY: *Agent and Attorney-in-Fact *(Power of Attorney must be attached) (Address) ______________________________ (City/State/Zip Code) ______________________________ (Telephone) STATE OF FLORIDA COUNTY OF _________________________ The foregoing instrument was acknowledged before me this _____ day of __________________, 20____, by _________________________________________________________ \[name of person\], as __________________________________ \[type of authority\], for ________________________________ \[name of party on behalf of whom instrument was executed\]. AFFIX NOTARY STAMP HERE: ______________________________________ Signature: Notary Public – State of Florida ______________________________________ Print or Type Commissioned Name Personally Known __________ OR Produced Identification __________ Type of Identification Produced ________________________________ 10 of 10 BIDBOND City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 STATE OF FLORIDA ) ) COUNTY OF ____________) KNOW ALL MEN BY THESE PRESENTS, that we,_______________________________ as Principal, and _______________________________________________________, as Surety, are held and firmly bound unto the City of Sunny Isles Beach, a municipal corporation of the State of Florida in the sum of _______________________________ Dollars ($ __________), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THISOBLIGATION ISSUCH that whereasthe Principal has submitted the accompanying Bid dated, ______________20for: ______________________________________________________________________. WHEREAS, it was a condition precedent to the submission of said Bid that a cashier’s check or Bid Bond in the amount of ofthe Base Bid be submitted with said Bid as a guarantee that the Proposers would, if awarded the Contract, enter into a written Contract withtheCityfortheperformanceofsaidContract,withinten(10)consecutivecalendardaysafterwrittennoticehavingbeengivenofthe Award of the Contract. NOW, THEREFORE, the conditions of this obligation are such that if the Principal within ten (10) consecutive calendar days after written notice of such acceptance, enters into a written Contract with the City of Sunny Isles Beach and furnishes the Performance Bond, satisfactory to the City, each in an amount equal to one hundred percent (100%) of the Contract Price, and provides all required Certificates of Insurance, then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the City of Sunny Isles Beach and the Surety herein agrees to pay said sum immediately, upon demand of the City, in good and lawful money of the United States of America, as liquidated damages for failure thereof of said Principal. IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this_____________day of________________________,20 , the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. DOCUMENT CONTINUES ONNEXTPAGE IN PRESENCEOF: __________________________________ _________________ Individual or Partnership PrincipalAffix CorporateSeal _________________________________ Business Address _________________________________ City, State, and Zip Code ________________________________________________________________ Business TelephoneBusiness Facsimile ATTEST: ___________________________________ ______________________________ Secretary (CorporateSurety)* By: *Impress Corporate Seal IMPORTANT Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the State of Florida. D ECEMBER 28,2010 E-VerifyAffidavit each ŷƷƷƦƭʹΉΉǞǞǞ͵ĻΏǝĻƩźŅǤ͵ŭƚǝΉĻƒƦƌƚǤĻƩƭΉĻƓƩƚƌƌźƓŭΏźƓΏĻΏǝĻƩźŅǤΜ NotaryPublicInformation AffidavitofCompliancewithAnti-HumanTraffickingLaws City of Sunny Isles Beach 18070 Collins Avenue SunnyIsles Beach, FL 33160 Telephone: (305) 947-0606 Theundersigned,onbehalfoftheentitylistedbelow(“Entity”),herebyattestsunderpenaltyof perjuryasfollows: 1.Entitydoesnotusecoercionforlaboror services asdefinedinSection787.06, Florida Statutes.(Source: § 787.06(13), FloridaStatutes – Human Trafficking). TheundersignedisauthorizedtoexecutethisaffidavitonbehalfofEntity. Date: ____________________, 20___ Signed: Entity: Name: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me, by means of physical presence or online notarization,this ____ day of ______________, 20____, by _______________________________, as ____________________________ for _____________________________________________________, who is personally known to me or who has produced ________________________ as identification. Notary Public Signature: State of Florida at Large (Seal) Print Name: My commission expires: DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 01/08/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Benny Cabrera NAME: FAX PHONE GGA Insurance Group(305) 630-4777(305) 279-3022 (A/C, No): (A/C, No, Ext): E-MAIL 10689 N. Kendall Drivebcabrera@ggaig.com ADDRESS: Suite 208 INSURER(S) AFFORDING COVERAGENAIC # MiamiFL33176FCCI Insurance Company10178 INSURER A : INSURED Brierfield Insurance Company10993 INSURER B : VisualScape, Inc.National Trust Insurance Company20141 INSURER C : 17801 NW 137 AvenueRichmond National Insurance Company17103 INSURER D : INSURER E : MiamiFL33018 INSURER F : CL23122222068 COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDLSUBR INSRPOLICY EFFPOLICY EXP TYPE OF INSURANCELIMITS POLICY NUMBER LTR(MM/DD/YYYY)(MM/DD/YYYY) INSDWVD COMMERCIAL GENERAL LIABILITY 1,000,000 EACH OCCURRENCE$ DAMAGE TO RENTED 100,000 CLAIMS-MADEOCCUR$ PREMISES (Ea occurrence) XCU10,000 MED EXP (Any one person)$ AYYGL1000744870201/01/202401/01/20251,000,000 PERSONAL & ADV INJURY$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- 2,000,000 POLICYLOCPRODUCTS - COMP/OP AGG$ JECT $ OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY 1,000,000 $ (Ea accident) ANY AUTOBODILY INJURY (Per person)$ OWNEDSCHEDULED BYCA1000744860201/01/202401/01/2025 BODILY INJURY (Per accident)$ AUTOS ONLYAUTOS HIREDNON-OWNEDPROPERTY DAMAGE $ (Per accident) AUTOS ONLYAUTOS ONLY $ UMBRELLA LIAB 2,000,000 OCCUREACH OCCURRENCE$ C EXCESS LIAB YYUMB1000744890001/01/202401/01/20252,000,000 CLAIMS-MADEAGGREGATE$ DEDRETENTION$$ PEROTH- WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ AY N / A YWC01000814440101/01/202401/01/2025 OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ Each Occurrence$ 3,000,000 Excess Liability (2nd Layer) DRN703252560101/01/202401/01/2025Aggregate$ 3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Sunny Isles Beach is Additional Insured with respects to General Liability and Auto Liability on a Primary and Non-Contributory basis. Waiver of Subrogation in favor of Additional Insureds with respects to General Liability and Workers Compensation. Umbrella is Follow Form. CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Sunny Isles Beach 18070 Collins Avenue AUTHORIZED REPRESENTATIVE 3rd Floor Sunny Isles BeachFL33160 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 8.2 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 1.Howmanyyears hasyourcompanybeen in businessunder its current nameandownership? a.Professional Licenses/Certifications (includenameand number)*Issuance Date Hfofsbm!Dpousbdups!.!DHD2637974!0!Jssjhbujpo!TDD242262813:05029021033026 JTB!Dfsujgjfe!Bscpsjtut!.!3! 2208026!'!8026035 ECF!Dfsujgjfe!)Tff!Tfdujpo!3;!Rvbmjgjdbujpot!gps!gvmm!mjtu!pg!mjdfotft!boe!dfsujgjdbujpot* (*include active certifications ofsmallor disadvantage business&name of certifyingentity) Kvof-!3122 b.Datecompanylicensedbythe StateofFloridaorMiami-DadeCounty: June 21, 2011 c.Stateand Dateof Incorporation: Mboetdbqf!Nbobhfnfou-!Bscps!Dbsf- d.What is yourprimary business? (Thisanswer shouldbespecific) Mboetdbqf!boe!Jssjhbujpo!jotubmmbujpo e.Nameof licensed/certified employee(s), license/certification number,and relationship to company: DH-!Jssjhbujpo-!Bscpsjtu!.!Jwbo!D/!Wjmb-!Qsftjefou Bscpsjtu!.!Besjbo!Sjwfsp!Ks/! Tff!Tfdujpo!3;!Rvbmjgjdbujpot!gps!gvmm!mjtu!pg!mjdfotft!boe!dfsujgjdbujpot ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 110 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net f.Namesofprevious licensed/certified employee(s), with license/certification numberduring the past five(5)yearsincluding, license numbers, relationship tocompanyandyearsas qualifierforthecompany Jwbo!D/!Wjmb!ibt!cffo!uif!pomz!rvbmjgzfs!gps!WjtvbmTdbqf!Jod/ 2.NameandLicensesof anypriorcompanies: Nameof CompanyLicenseNo. Issuance Date O0B O0B O0B 3.Type of Company: Corporation“S”CorporationLLCSoleProprietorshipOther: (Corporationswillberequiredto provideacopy oftheircorporateresolutionpriorto executing a contract) 4.Company Ownership: a.Identify all ownersofthecompany NameTitle% of ownership 211& Jwbo!D/!Wjmb-!Qsftjefou b.Isanyowner identified aboveanownerin anothercompany?YesNo If yes, identify thenameof theowner,othercompanynames,and % ownership O0B c.Identify all individuals authorized to sign for the company, indicating the level of ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 111 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net their authority ( check applicable boxes and for other provide specific levels of authority) Name Title Signatory Authority Cost No-Cost Other All Jwbo!D/!Wjmb-!Qsftjefou O0B O0B Explanation for Other: 5.Employee Information 318 35 Total No. of Employees: Number of Managerial/Admin. Employees: Number of Trades Personnel and total number per classification: (Apprentices must be listed separately for each classification) Ufdiojdjbot.7 Benjojtusbujwf.35 Esjwfst.7 Tvqfswjtpst.48 7 Usff!Usjnnfst. Nfdibojdt.5 Dsfx!Nfncfst.235 Jwbo!D/!Wjmb-!Besjbo!B/!Sjwfsp 6.Name of Certified Arborist:(provide copy of certification) Jwbo!D/!Wjmb 7.Name of Certified Irrigation Technician:(provide copy of license) Mfboesp!Ef!Mjnb 8.Name of Certified Pest Control Operator:(provide copy of license) 9.Has any owner or employee of the company been convicted of a federal offense or moral turpitude: If yes, please explain: Op 10.Insurance & Bond Information HHB!Jotvsbodf!Hspvq InsuranceCarriername& address: 2179:!O/!Lfoebmm!Esjwf-!Tvjuf!319-!Njbnj-!GM!44287 Ifdups!Fdifnfoejb a.InsuranceContactName,telephone, & e-mail: )416*!741.5888-!ifdifnfoejbAhhbjh/dpn 2 b.InsuranceExperience Modification Rating(EMR):_ (if no EMRratingpleaseexplain why) ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 112 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 33-!%:9:-335/11 c.Numberof InsuranceClaimspaidout in last 5years & value: Bdsjtvsf d.Bond Carriername & address: 26161!OX!8:!Bwfovf-!Tvjuf!311-!Njbnj!Mblft-!GM!44127 Dibsmft!Ojfmtpo e.BondCarrierContactName,telephone, & e-mail: )416*!833.3785-!dibsmftojfmtpoAbdsjtvsf/dpn Opof f.Numberof Bond Claimspaidout in last 5 years & value: 11.Haveany claims lawsuits beenfiled against yourcompany in thepast 5 years? If yes, identify all whereyourcompanyhaseither settled oranadversejudgmenthasbeen issued against yourcompany. Identify theyearbasisforthe claim orjudgment & settlementunlessthevalueof thesettlement iscoveredby a writtenconfidentiality agreement. Opof 12.Hasyourcompanybeenassessed liquidated damagesordefaultedon a project in thepastfive (5) years? YesNo (If yes,provideanattachmentthatprovidesanexplanationofthe project and explanation) 13.HasyourcompanybeencitedforanyOSHAviolations in the past five(5)years? If yes, pleaseprovidean attachment including all detailsoneach citation. YesNo 14.Provideanattachmentlisting all oftheequipmentandvehiclesownedorunder lease orrental agreement, which willbeused in the performanceoftheWork.Contractormust clearly identify whichequipmentandvehiclesareownedversusrentedorleased.Contractormust also provide theageofeachpieceofequipmentor vehicle, andmust specify whethertheequipmentor vehicle will bededicatedforuse solely onthe City’sLandscape MaintenanceWork.Duringthe Bid evaluationprocesstheCitymayrequestcopiesofrentedorleasedequipment.The EquipmentandVehiclesformin Section 7.3 hasbeenprovidedto aid Bidders in submittingthe requested information. B.Project Management & Subcontract Details 1.Program Managerfor Parks: Kpio!NdBmmjtufs a.Name: 3!zfbst b.Years with Company: ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 113 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net GOHMB!Mboetdbqf!Nbjoufobodf!Ufdiojdjbo!)GDMNU* c.Licenses/Certifications: PTIB!41.Ipvst-!Cspxbse!Dpvouz!Usff!Usjnnjoh d.Last3projectswiththecompanyincluding role,scopeofwork, & valueof project: Djuz!pg!Tvooz!Jtmft!Mboetdbqjoh!Tfswdjft!Qbslt-!Nbobhfs-!%2-248-943/11 Hsp!Dbqjubm!Qpsugpmjp-!Nbobhfs-!Mboetdbqf!Nbobhfnfou-!%586-111/11 Upxfst!pg!Rvbztjef-!Nbobhfs-!Mboetdbqf!Nbobhfnfou-!%636-111/11 Program Managerfor ROW: Kpio!NdBmmjtufs e.Name: 3 f.Years with Company: GOHMB!Mboetdbqf!Nbjoufobodf!Ufdiojdjbo!)GDMNU* g.Licenses/Certifications: PTib!41.Ipvst-!Cspxbse!Dpvouz!Usff!Usjnnjoh h.Last3projectswiththecompanyincluding role,scopeofwork, & valueof project: Djuz!pg!Tvooz!Jtmft!Mboetdbqjoh!Tfswdjft!Qbslt-!Nbobhfs-!%2-248-943/11 Hsp!Dbqjubm!Qpsugpmjp-!Nbobhfs-!Mboetdbqf!Nbobhfnfou-!%586-111/11 Upxfst!pg!Rvbztjef-!Nbobhfs-!Mboetdbqf!Nbobhfnfou-!%636-111/11 2.Field SupervisorforthisProject- Parks: Bops!Bhfops a.Name: 6 b.Years with Company: GEPU!NPU c.Licenses/Certifications: d.Last3projectswiththecompanyincluding role,scopeofwork, & valueof project: Djuz!pg!Tvooz!Jtmft!Mboetdbqjoh!Tfswdjft!Qbslt-!Tvqfswjtps-!%2-248-943/11 Upxfst!pg!Rvbztjef-!Nbobhfs-!Mboetdbqf!Nbobhfnfou-!%636-111/11 Wjmmbhf!pg!Qjofdsftu-!Hspvoet!Nbjoufobodf!Qbslt-!Tvqfswjtps-!%2-546-111/11 ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 114 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 3.Field SupervisorforthisProject- ROW: Xjmgsje!Njmmjfo a.Name: 24 b.Years with Company: GOHMB!Mboetdbqf!Nbjoufobodf!Ufdiojdjbo!)GDMNU* c.Licenses/Certifications: Gfsujmj{fs!Bqqmjdbups-!Cspxbse!Dpvouz!Usff!Usjnnjoh- d.Last3projectswiththecompanyincluding role,scopeofwork, & valueof project: Wjmmbhf!pg!Qjofdsftu-!Hspvoet!Nbjoufobodf!Qbslt-!Tvqfswjtps-!%2-546-111/11 Upxo!pg!Dvumfs!Cbz-!Mboetdbqf!Nbjoufobodf-!Tvqfswjtps-!%861-111/11 Djuz!pg!Ijbmfbi-!Tvqfswjtps-!Mboetdbqf!Nbjoufobodf-!%389-111/11 4.Subcontractors:(SeeContractrestrictionsonSubcontractingSection 1.52) NameTrade/Workto% ofWorkLicense No.beperformed Opof!.!WjtvbmTdbqf!xjmm!tfmg!qfsgpsn!bmm!tdpqf!pg!tfswjdf!sfrvjsfe C. DisposalSite(s) 1.Will yourcompanybe disposing ofcuttingsanddebrisat aMiamiDadeCounty Site?Yes/No(circleone).If yes,provideacopyof all applicable Landscape Qfsnju!$71824!)tff!buubdife* Permits. 2.If your company is using alternate disposal sitesprovidethe following informationfor a maximumoftwoalternate sites: o0b a.Nameof Company: Address: ContactPerson: PhoneNumber: E-Mail Address: LicenseNumber: License Issued By: Miami-DadeCountyState of Florida (Circleone) o0b b.Nameof Company: Address: ContactPerson: PhoneNumber: E-Mail Address: LicenseNumber: License Issued By: Miami-DadeCounty State of Florida (Circle one) ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 115 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net Currentand PriorExperience: 1.CurrentExperience including currentprojectsorcontracts,recentlyawarded,orpendingaward. Provideanattachmenttothisquestionnairethat lists all suchcontractsorprojects,including theowner’sname,titleand valueofproject,scopeofwork,projectedoractualstartdate, projectedcompletiondate. 2.Priorcontractsorprojectsof a similarsize,scope,andcomplexity:Provideanattachment tothis Questionnaire thatincludescontractsorprojectstheBidderconsiders of a similar, size, scopeand complexity thatthe City should considerindeterminingtheBidders responsivenessandresponsibility.Thisattachmentmust include thecontractsorprojectsthat meetthe minimum numberofcontractsorprojects identified bythe bid solicitation. Information providedmustincludetheowner’sname, addressandcontactperson,includingtelephone & e-mail, title ofcontractorproject,locationofproject,scope, initial valueandfinalcostof orproject,projectedandfinaltimeframesforcompletion in calendardays. A thecontract referenceletter is tobecompletedbytheowneroftheProjectandsubmittedaspartofthe Bid submission. D.Bidder’s References Biddersaretoinclude a minimum ofthree (3) referencesfromcontractsorprojects listed in D2.above.Theattachedform is tobeusedand is tobeincludedwiththeBid submission. referencesafterthe specified TheCity, at its sole discretionmay allow theBiddertosubmitthe dateforBid submission. E.Proposed Maintenance Plan 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 24-06-02. 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 requirementsdefined 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. F.Financial Status 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 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 ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 116 Jaime Alfayate Regional Facility Manager Office 954-355-5781 Cell 754-332-4564 jalfayate@browardhealth.org Arturo Castro 954-793-7615 Artcastro1958@hotmail.com /³§¤±#«¨¤³²)¢«´£¤Ȁ 2019 Florida Department of Transportation Date: August 15, 2019 Contact Name: Arturo Castro Name of Business: Florida Department of Transportation th Business Address: 5548 NW 9 Ave. Fort Lauderdale FL, 33309 To Whom it may concern: Re: Reference letter for VisualScape, Inc. This reference letter to recommend VisualScape, Inc. for all your landscaping services. The FDOT has contracted VisualScape services since 2016; completing various landscape projects for us. the best approach for your Landscaping needs. The staff is always willing and able to perform, be it an emergency, a beautification project, or additional services, they have come through with excellence. Customer services and dependability is present on the project site and administration. The employees from the field crews to management are always pleasant, very professional and highly skilled. The landscaping work is always done with utmost attention to detail and they always maintained a clean and safe working environment as required in our projects. Very Respectfully, Arturo Castro CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 8.3EQUIPMENT AND VEHICLES Qmfbtf!tff!buubdife!mjtu!pg!pxofe!frvjqnfou!boe!wfijdmft!efejdbufe!tpmfmz!up!Djuz(t!Xpsl *Note:Thisform is tobeusedfor question A14 of theQuestionnaire.Printasmany as arerequired. Vehicle/EquipmentManufacturerVehicle/Equipment Rented/OwnedDedicated Solely Age (Years) to City’s Work Rented/Leased Owned Rented/Leased Owned Rented/Leased Owned Rented/Leased Owned Rented/Leased Owned Rented/Leased Owned Rented/Leased Owned Rented/Leased Owned Rented/Leased Owned Rented/Leased Owned ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 118 ĻŷźĭƌĻƭ 5ĻķźĭğƷĻķ Ʒƚ /źƷǤ ƚŅ {ǒƓƓǤ LƭƌĻƭ ĻŷźĭƌĻ /ƚķĻ5źǝźƭźƚƓağƓǒŅğĭƷǒƩĻƩaƚķĻƌĻŷźĭƌĻ LķĻƓƷźŅźĭğƷźƚƓ ϔ ĻğƩ ЊЋ ΛtΏЊЋΜ MAINT2014ISUZUNPRJALE5W164E7302515 ЊЏ ΛtΏЊЏΜ LAND2015FORDF1501FTEX1CP4FKD75354 ЊБ ΛtΏЊБΜ LAND2016FORDF2501FT7W2A6XGEC39144 ЌЌ MAINT2007FORDF1501FTRF12257NA36287 ЌА MAINT2011ISUZUNPRJALC4W166B7005185 ЏВ Λ9ΏВΜ MAINT2017PACE AMERIJT85X16TE353BPTEA22HU021358 АЋ Λ9ΏЊЋΜ MAINT2018PACE AMERIjt8.5x16te353bptea24ju027295 9ΏЊЍ MAINT2019SpartanSP8.5x16TA50XBE1623KA041211 John DeerGator John DeerGatorW04X2SD004542 9ƨǒźƦƒĻƓƷ 5ĻķźĭğƷĻķ Ʒƚ /źƷǤ ƚŅ {ǒƓƓǤ LƭƌĻƭ 9ƨǒźƦƒĻƓƷağƉĻaƚķĻƌ{ĻƩźğƌ bǒƒĬĻƩ 13 HP Force BlowerBilF1302H80717143 Back Pack BlowerStihlBR600507164687 Back Pack BlowerStihlBR600507298715 Back Pack BlowerStihlBR600507502130 Back Pack BlowerStihlBR600509063131 Back Pack BlowerStihlBR600509063222 Back Pack BlowerStihlBR600509063224 Back Pack BlowerStihlBR600509063225 Back Pack BlowerStihlBR600509063228 ChainsawStihlMS201T-6182939045 ChainsawStihlMS201T-6182939047 EdgerStihlFC9096063573 EdgerStihlFC91296068973 EdgerStihlFC90296069519 Edger296069973 EdgerStihlFC90500349861 EdgerStihlFC90500349864 EdgerStihlFC90504488638 EdgerStihlFC90507813393 Hedge TrimmerStihlHL100K290713826 Hedge TrimmerStihlHL100298956649 Hedge TrimmerStihlHL100299906600 Hedge TrimmerStihlHL100299906602 Pole PrunerStihlHT10150860831 Pole PrunerStihlHT101508608313 Power PrunerStihlHT101504492042 Push MowerToroGM80087141984 Riding MowerScag48" V Ride - SVR48V-691FXH3800314 Riding MowerStihl Scag 48' V-ride48" Kawasaki SVR48V-22FX J7701541 Riding MowerScagSVR11-36A-19FXN6000010 Riding MowerScag 36"Kawasaki 19HPN6000278 Riding MowerScag 36"Kawasaki 19HPN6000328 Weed EaterStihl100RX289736977 Weed EaterStihlFS90R289736991 Weed EaterStihlFS90R295042150 Weed EaterStihlFS90R296377039 Weed Eater299667743 Weed EaterStihlFS90R500333157 Inge Bisconer2023-2024 IA President tƩĻƭĻƓƷĻķ Ʒƚ 2024 LƓ ƩĻĭƚŭƓźƷźƚƓ ƚŅ ƭǒƦƦƚƩƷ ŅƚƩ źƭǒğƌ{ĭğƦĻͲ LƓĭ͵ Certificate of Membership Natasha L. Rankin, MBA, CAEIA Chief Executive Officer CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net REASON FOR “NO BID” For firms choosing NOTto propose on this opportunity, the City appreciates your response using this form. Please return via email to Purchasing@sibfl.net. Why did your firm choose not to respond to this opportunity? O0B Circle all that apply from below list: ____ a.We do not offer these services or equivalent. b.Insufficient time to respond to the solicitation. c.Our project schedule would not permit us to perform. d.Unable to meet requirements. Other: O0B ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 119 6¨²´ «3¢ ¯¤ ȃ%¬¤±¦¤¢¸ 0« In the eventof a catastrophic emergency, equipment including trucks,loaders, woodchippers, hand tools, trucks, trailers, and all necessary equipment to perform job operations are available at the request. Emergency routes will be provided by supervisors andmanagers. VisualScape participates and fully understandsthe disaster response plan in the City of Sunny Islesand adjoining cities within our service area andfollows their guidelines. Emergency gridswillbe set up for employees working during an emergency. VisualScape maintains an active pre-disasterplan inadditionto a post-disaster plan, which includes five means of communication. Communication plans among management includes:cell phone,mobile radio, PDA, email, and smart phones. No employee will be left working alone; team action will be implemented.All communication / IT equipment will be forwarded to mobile devices to keep open lines of communication with clients, employees, and vendors. Crew members will report to an assigned supervisor, who willtake visual head counts based on current employeerosters.All Managers are trained in basic first aid and safety procedures. Emergencies can/will be reported by any employee who witnesses it. All crewshave radios inwhich to communicate. For catastconsistsofa four-man crew, dump truck, dump trailer, and all necessary saws and hand tools. Loader, skid steer, and woodchippercan alsobe provided asneeded. Emergency crew is billed separately from contract revenues at a per our rate. Local Emergency Call List: Ivan C. Vila (President / CRM) 786.859.1331 Juan C. Vila(Director of Operations) 786.288.9393 Adrian Rivero (OperationsManager)786.367.4686 Jose M. Quintero (Administrative) 305.362.2404 Karina Perez(Administrative) 305.362.2404 Victor Perez(CRM)786-236-3148 John McAllister (Manager)786-910-6109 VisualScape Monthly Report Sept. 2021 Part 1 Basic Services Date Location Task Accomplished 9/1, 9/8, 9/15, 9/22, 9/29 Senator Margolis Park Mowing - Edging - Line Trimming - hedge trimming- Cleanup- weed control litter control (Daily) 9/6, 9/13, 9/20, 9/27 Samson Park Mowing - Edging - Line Trimming - hedge trimming- Cleanup- weed control litter control (Daily) 9/1, 9/8, 9/15, 9/22, 9/29 Town Center Park Mowing - Edging - Line Trimming - hedge trimming- Cleanup- weed control litter control (Daily) 9/6, 9/13, 9/20, 9/27 Pelican Community Park Mowing - Edging - Line Trimming - hedge trimming- Cleanup- weed control litter control (Daily) 9/1, 9/8, 9/15, 9/22, 9/29 Golden Shores Mowing - Edging - Line Trimming - hedge trimming- Cleanup- weed control litter control (Daily) 9/3, 9/10, 9/17, 9/24 Heritage Park/Garage Mowing - Edging - Line Trimming - hedge trimming- Cleanup- weed control litter control (Daily) 9/3, 9/10, 9/17, 9/24 Gateway Park/Garage Mowing - Edging - Line Trimming - hedge trimming- Cleanup- weed control litter control (Daily) 9/7, 9/14, 9/21, 9/28 Bella Vista Mowing - Edging - Line Trimming - hedge trimming- Cleanup- weed control litter control (Daily) 9/2, 9/9, 9/16, 9/23, 9/30 Intracoastal N Mowing - Edging - Line Trimming - hedge trimming- Cleanup- weed control litter control (Daily) 9/2, 9/9, 9/16, 9/23, 9/30 Intracoastal S Mowing - Edging - Line Trimming - hedge trimming- Cleanup- weed control litter control (Daily) 9/7, 9/14, 9/21, 9/28 Pier Parking Lot Mowing - Edging - Line Trimming - hedge trimming- Cleanup- weed control litter control (Daily) 8/1- 8/31 Fishing Pier litter control (Daily) Part 2 Supplemental Services Date Location Task Accomplished Proposal # Intracoastal N/S Senator Margolis Gateway Samson Pelican CC Pier Parking Lot Date palms Bud drench All parks Royal palms soil drench All Parks Town Center Golden Shores Heritage Park Mosquito Spray Part 3 Quality Inspections Date Inspection Location Work Inspected Deficiencies Found? Addressed how? Completed by? 10/6 Daniele Piccione Senator Turf, Shrubs, Royal & Coconut palms Fertilization in Margolis Park Palms, Weeds, trimming in progress. progress; New Pest Fertilization to be Punchlist in completed week of 10/13 progress 10/6 Samson Park Turf, Shrubs, Coconut palms trimming in Fertilization in Palms, Weeds, progress. Fertilization to be progress; New Pest completed week of 10/13 Punchlist in progress 10/6 Town Center Turf, Shrubs, Coconut palms trimming in Fertilization in Park Palms, Weeds, progress. Fertilization to be progress; New Pest completed week of 10/13 Punchlist in progress Coconut palms 10/6 Pelican Turf, Shrubs, Fertilization in Community Palms, Weeds, trimming in progress. progress; New Park Pest Fertilization completed Punchlist in week of 10/13 progress Coconut palms 10/6 Golden Shores Turf, Shrubs, Fertilization in Palms, Weeds, trimming in progress. progress; New Pest Fertilization completed Punchlist in week of 10/13 progress 10/6 Heritage Turf, Shrubs, Coconut palms Fertilization in Park/Garage Palms, Weeds, trimming in progress. progress; New Pest Fertilization completed Punchlist in week of 10/13 progress Coconut palms 10/6 Gateway Turf, Shrubs, Fertilization in Park/Garage trimming in progress. Palms, Weeds, progress; New Pest Fertilization completed Punchlist in week of 10/13 progress 10/6 Bella Vista Turf, Shrubs, Coconut palms trimming Fertilization in Palms, Weeds, in progress. Fertilization progress; New Pest to be completed week of Punchlist in 10/13 progress 10/6 Intracoastal N Turf, Shrubs, Coconut palms Fertilization in Palms, Weeds, trimming in progress. progress; New Pest Fertilization completed Punchlist in week of 10/13 progress Coconut palms 10/6 Intracoastal S Turf, Shrubs, Fertilization in trimming in progress. Palms, Weeds, progress; New Fertilization completed Pest Punchlist in week of 10/13 progress 10/6 Daniele Piccione Pier Parking Lot Turf, Shrubs, Coconut palms Fertilization in Palms, Weeds, trimming in progress. progress; New Pest Fertilization completed Punchlist in week of 10/13 progress 10/6 Fishing Pier Garbage bins N/A N/A Part 4 Re-work Services (items that were not satisfactory and had to be redone) Date Location Task Accomplished Parks Landscape Maintenance tğƩƉƭ CƩĻƨǒĻƓĭǤΉ5ğǤağźƓƷĻƓğƓĭĻ IƚǒƩƭĻĻƉƌǤ ğƌƉƷŷƩƚǒŭŷ ǞźƷŷ {ǒƦĻƩǝźƭƚƩ 4141114 30 Sep-24 4141114 31 Aug-24 5151111115 31 Jul-24 4141111114 30 Jun-24 4141111114 31 May-24 51511115 30 Apr-24 414111114 31 Mar-24 2023-2024 4141111111114 29 Feb-24 51511115 31 Jan-24 Annual Maintenance & Service Plan Schedule 4141111114 31 Dec-23 41411111114 30 Nov-23 51511115 31 Oct-23 Changed to perennials 333321312222 52125212121252 366 N/A Cycles "As needed""As needed" ServiceRoutine Maintenance Mowing - Edging - Line Trimming - CleanupShrubs, Hedge, and Ground Cover - TrimmingWeed Control - HerbicideLitter RemovalIrrigation Maintenance Inspection Horticultural Program Pest IdentificationFertilization: Lawn/Shrubs & Ground CoverFertilization: TreesFertilization: PalmsSoil Test Arbor Care Royal Palm Maintenance: Merit Soil DrenchRoyal Palm Maintenance: Foliar ApplicationDate Palm Maintenance: Root/Soil DrenchTree PruneDate Palm PruneCoconut Palm PruneOther Palms Prune Supplemental Service MulchingMulching Scheduled Seasonal Color ReplacementInspections Monthly Monthly ManagersWeekly Supervisors - This schedule is a guideline for services to be performed throughout the year. Dependent on weather, growing patterns, and specific needs of the landscape this schedule is subject to adjustments in order to achieve the optimum quality of landscape. 8:00 AM6:45 AM6:50 AM7:10 AM7:30 AM7:55 AM8:15 AM8:30 AM8:50 AM9:05 AM9:25 AM9:45 AM 10:25 AM CźƓźƭŷ {ƷğƩƷ 6:40 AM6:35 AM6:45 AM6:55 AM7:15 AM7:35 AM8:00 AM8:20 AM8:32 AM8:50 AM9:10 AM9:25 AM9:55 AM litter at each park. Daily Litter Patrol Pier tğƩƉ Pelican Margolis Sampson Bella Vista Intercostal NIntercostal N Town Center Heritage Park Gateway Park Golden Shores Heritage Garage Gateway Garage Above schedule will vary daily depending on traffic, weather, and amount of Key Personnel: Ivan C. Vila Juan C. Vila Jose Quintero John McAllister Wilfrid Milien Adrian Rivero Ivan C. Vila President VisualScape » » » » » » » » » » » » » » » » » » » » » » » Contact: » PH: 305-362-2404 » Email: ivila@visualscapeinc.com » 17801 NW 137th Ave, Miami, FL 33018 » www.visualscapeinc.com » JuanC. Vila C.O.O VisualScape » » » » » » » » » » » » » » » » » » » Contact: » PH: 305-362-2404 » Email: jcv@visualscapeinc.com 17801 NW 137th Ave, Miami, FL 33018 www.visualscapeinc.com » Jose M. Quintero » Chief Estimator » Contract Administrator » » Education: » » » » » » » » » » » » » » » » » » » » » Contact: » PH: 305-362-2404 Email: jquintero@visualscapeinc.com 17801 NW 137th Ave, Miami, FL 33018 www.visualscapeinc.com Bio: Highly experiencedsenior account manager with over 40 years of experience in the green industry. Very skilled at running day to day Operations with work crew, meeting with clients, performing detailed inspections of properties, preparing proposals and ensuring that all work is being performed to company standards. McAllister is able to strategize and prioritize effectively to accomplish multiple tasks and stay calm under pressure. Creative, resourceful and flexible, able to adapt to changing priorities and maintain a positive attitude adn strong John R.McAllister work ethic, while working in a fast-paced environment. Project Manager Professional Experience: VisualScape. -October2021Present Professional Affiliations: »Responsible for customer satisfaction, safety performance. »FNGLA (Florida Nursery Growers »Oversight of Customer Relations program and Landscapers Association) »Oversight of quality control measures »ISA (International Society of »Manage Agronomic programs Arboricultural) »Ensures landscape quality is at the highest standard »TCIA (Tree Care Industry Association) Brightview -March 2010-2021: »IA (Irrigation Association) »Hired by the former Luke Sawgrass in 2010 to »NALP (National Association of exclusively manage the Seminole tribe properties Landscape Professionals) throughout the South Florida area »Directed and coordinated day to day activities of landscaping crew on site. »Scheduled and performed property walk-through »Served as Primary point of contact for all accounts for Seminole Tribe properties Clermont Scapes, Inc. November 2006 March 2010 »Hired by the former Luke Sawgrass in 2010 to exclusively manage the Seminole tribe properties throughout the South Florida area »Directed and coordinated day to day activities of landscaping crew on site. »Scheduled and performed property walk-through »Served as Primary point of contact for all accounts for Seminole Tribe properties » Project Experience: Contact: »Seminole Hard Rock Casino PH: 305-362-2404 »Seminole Coconut Creek Casino Email: jmcallister@visualscapeinc.com »Seminole Classic Casino 17801 NW 137th Ave, Miami, FL 33018 »Seminole Immokalee Casino www.visualscapeinc.com Wilfrid Milien È Key Areas of Expertise: È È È È È È È È È È È È È È È È È È È È È VISUALSCAPE INC EMPLOYEEPOLICY 2020 Page No. I.TO OUR EMPLOYEES 1 II.ADMINISTRATIVE POLICIES2 1.Equal Employment Opportunity Policy/Anti-Harassment, Discrimination andRetaliation2 2.Substance Abuse3 3.Immigration Law Compliance5 4.Your Employment Status6 5.IntroductoryPeriod6 6.Orientation6 7.Part-Time Employee6 8.Full-TimeEmployee7 9.Workweek and Workday7 10.Your Employment Type:7 10.1. Hourly Employees7 (a)Overtime Pay7 10.2. Exempt Employees7 11.Scheduling Working Hours, Lunch Periods, and Rest Breaks 8 12.Recording Your Work Time8 13.Paydays & Pay Periods9 14.Deductions from Paycheck 9 15.Reviewing Your Pay Status10 16.Personnel Records10 17.Promotions10 18.Layoffs/ reduction in Work Force11 19.Resignations11 20.Open Door Policy and Complaint Procedure11 21. Lactation Policy12 III.TIME OFFFROM YOUR WORK13 1.Rules Regarding Absences 13 2.Attendance and Punctuality 13 IV.BENEFITS14 1.Vacations14 2.Holidays14 3.Military Leave15 4.Bereavement Leave15 5.Family and Medical Leave15 6.Domestic Violence Leave21 7.Social Security22 8.Unemployment Benefits22 9.sation Benefits22 10.Uniforms23 11.HealthInsurance23 12. Dental Plan23 13. Vision Plan23 14.COBRA24 15.Health Insurance Portability and Accountability Act of 1996 (HIPAA)24 16.Education& Training24 17.Participation in Professional & Trade Associations24 V.YOUR RESPONSILBILITIES TO THE COMPANY, OURCUSTOMERS, AND THE PUBLIC25 1.Personal Appearance25 2.Changing Your Job and Duties26 3.Outside Employment26 4.Personal Behavior27 5.Personal Relationships27 6.Care of Vehicles, Equipment, & Furnishings28 7.Vehicle Allowance Program30 8.Cellular Phones30 9.GPS Policy31 10.Criminal Charges, Arrests, and Convictions31 11.Jury Duty31 12.Outside Inquiries ConcerningEmployees32 13.NoSolicitation/NoDistribution/Limited Access32 14.Theft33 15.Workplace Searches33 16.Workplace Violence 33 17.Public Internet Communication Policy34 18.Use of Company Equipment and Electronic CommunicationSystem34 19.Internet Acceptable Use Policy35 20.Use and Return of Company Property36 21.Confidentiality37 22.Ethical Behavior37 23.Bulletin Boards39 VI.SAFETY POLICIES 40 VII.SUMMARY40 VIII.CONTACT INFORMATION40 VisualScape, Inc. EmployeePolicy Welcome to VisualScape Inc. very pleased that you have chosen to work with us. We want to take this opportunity to let you know that our employees, individually, and as a group, are an essential part of our continued success and as such, very valuable to us. VisualScape Inc. has developed an outstanding reputation within the industry and the community at large. The growth and success of our company is based on the complete satisfaction of our clients, backed by the quality of our products and services and the tireless effort of our employees. We have prepared this handbook for the purpose of familiarizing you with our company and introducing you to the employment rules by which it operates.It is your responsibility to read it carefully. In this handbook, you will find information concerning the benefits that our company offers its employees and the work and safety rules and regulations that you must carefully observe to succeed within our organization. VisualScape Inc. reserves the right to alter or amend these policies at its sole discretion. This handbook, effective November 1st, 2017, supersedes and replaces all previous versions. This handbook is not a contract, express or implied, as to the benefits and policies contained in this handbook. Although we hope that your employment relationship with us will be long term, either you or the Company may terminate this relationship at any time, for any reason, with or without cause or notice. Please understand that no supervisor, manager, or representative of the Company, other than the President, has the authority to enter into any agreement with you for employment for any specific period of time or to make any promises or commitments contrary to the foregoing. Any employment agreement entered into will not be enforceable unless it is a formal written agreement signed by you and the President of the Company. This handbook is the property of the Company, and it is intended for your personal use and reference, as an employee of the Company. Circulation of this handbook outside of the Company requires prior written authorization from the Human Resources Representative. Please read the entire handbook, sign the acknowledgment form at the back of this handbook, and return it to the Human Resources Representative. This will provide the Company with a record that you received and read the handbook. We wish you the best of luck and success in your position, and hope that your employment relationship with the Company will be a rewarding experience. 1.EQUAL EMPLOYMENT OPPORTUNITY POLICY/ANTI-HARASSMENT, DISCRIMINATION AND RETALIATION It is the policy of this Company to afford equal opportunity to all employees, without discrimination on the basis of race, color, sex, religion, national origin, ancestry, age, citizenship, marital status, familial status, pregnancy, sexual orientation, political affiliation, veteran status, disability, or any other protected category as defined by local, state, or federal law. Furthermore, harassment of any employee on the basis of race, color, sex, religion, national origin, ancestry, age, citizenship, marital status, familial status, pregnancy, sexual orientation, political affiliation, veteran status, disability, or any other protected category is strictly forbidden and will not be condoned. Retaliation against anyone who makes bonafide complaints of discrimination and/or harassment is also strictly prohibited. Should you encounter any prohibited discrimination, harassment, or retaliation against you or any other employee, please promptly bring the matter to the attention of the Human Resources Representative for investigation and, if warranted, immediate andappropriate corrective action. The Equal Opportunity Commission Guidelines, issued under the Civil Rights Act, define sexual physical conduct of a sexual nature constitute sexual harassment when (1) submission to such (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect If you believe that you have beensubjected to sexual or other harassment, other inappropriate sexual behavior or discriminatory conduct, the Company encourages, but does not require, you to indicate promptly and firmly to the offender that the behavior is unacceptable. If you believe that you have been subjected to harassment or discrimination based on any protected category, or retaliation of any kind, or if you are a witness to such harassment, discrimination, or retaliation, the Company requires that you promptly report any incident, regardless of who the offender is. The report must be made to your manager,president of the company,or to the Human Resources Representative. You always have the option of reporting the conduct directly to the Human Resources Representative if you prefer. Any employee who is found to have engaged in harassment, discrimination, or unlawful retaliation is subject to discipline up to and including termination. Any person found to have filed a false complaint against another employee may also be subject to discipline up to including termination. All harassment complaints will be promptly and thoroughly investigated; handled to the extent possible, in a confidential manner, and no retaliation will occur for bonafide complaints of harassment. This Company iscommitted to complying with applicable provisions of the Americans with regarding the employment of qualified persons with a disability. The Company prohibits discrimination against a qualified individual with a known disability. This includes, but is not limited to, discrimination with respect to application, hiring, promotion, discharge, compensation, benefits, training, and all other aspects of employment. The Company will reasonably accommodate qualified individuals with a known disability if reasonable accommodation will be made unless it creates an undue hardship for the Company. The individual must make known to the Company the need for a reasonable accommodation and is free to suggest an accommodation but there is no guarantee that the suggested accommodation will be provided. The individual must contact the Human Resources Representative if a reasonable accommodation is being requested and provide sufficient information for the request to be evaluated. Requests by qualified individuals with disabilities for reasonable accommodations will be consideredand discussed withthe managerand the Human Resources Representative.The managerand Human Resources Representativewill jointly determine the nature and scope of the accommodation to be made, after consideration of the particular circumstances, including any hardship to the Company. All information obtained concerning the medical condition or history of an applicant or employee will be maintained in separate medical files and will be treated as confidential information that will only be disclosed as isessential or necessary. Employees who have any concerns regarding the application of this policy should feel free to discuss them with the Human Resources Representative atany time. All such inquiries will be treated as confidential and will only bedisclosed on a need-to-know basis. 2. SUBSTANCE ABUSE 2.1Drug-Free Workplace Policy in General VisualScape Inc. believes that drugs (including alcohol), taken for non-medicinal purposes, have hol subjects the employee, co- the job; and undermines ability to operate effectively and efficiently. Accordingly, VisualScape Inc. has implemented a drug-free workplace policy consistent with both federal law and Section 440.101, et seq., Florida Statutes. It is a condition of employment that all employees abide by this policy concerning drugs and alcohol. Employees and supervisors will be required to participate in a Drug and Alcohol Free Awareness Program on an annual basis. Taking or being under the influence of any controlled substance or intoxicant, without a prescription, during work time --on or off premises --will notbe tolerated. Manufacturing, distributing, dispensing, possessing, selling, or using any non-prescription controlled substance or intoxicant during work time --on or off Company premises --is strictly prohibited. This prohibition also applies to alcohol and the misuse or abuse of prescription and/or over-the-counter drugs. Any employee convicted of a controlled substance-related violation, including a plea of nolo contendere or no contest, must notify his/her managerwithin five (5) days of such conviction or plea. Employees who violate this rule will be subject to discipline, up to and including termination, and may forfeit eligibility for medical and indemnity benefits and/or unemployment compensation benefits. At its discretion, VisualScape Inc. may require employees who violate this policy to successfully complete a drug or alcohol abuse assistance or rehabilitation program, at the Employees who are taking prescription or non-prescription drugs which could affect their ability to perform their job in a safe and efficient manner must notify their immediate manager of this fact. Further, job applicants and employees have the right to confidentially consult the Medical Review Officer (MRO) for technical information regarding prescription and non-prescription medication and may contest or explain the test result to the MRO both before and after being tested. Prior to testing, the job applicant or employee will be given a list of themost common medications by brand name or common name and chemical name which may alter or affect a drug test. This information is also provided on the Drug Testing Chain-of-Custody Form. A Drug Use Information Form, which is a confidential report, may be filled out by job applicants and employees before or after being drug tested. This form permits individuals to provide to the MRO a list of all prescription and non-prescription drugs they are currently using or have used in the last month, as well as any other information they consider relevant to the test. 2.2Drug and Alcohol Testing Policy In order to maintain the safety and efficiency of its operations and to protect employees and the public, employees may be required to submit to drug and/or alcohol testing if there is a cause for reasonable suspicion of substance abuse. VisualScape Inc. will select a licensed laboratory which will perform the drug and/or alcohol testing. The following is a list of some but not all circumstances that could be indicators of a substance abuse problem and considered reasonable suspicion: (a)Observedalcohol or drug abuse during work hours on Company premises; (b)apparent physical state of impairment; (c)incoherent mental state; (d)marked changes in personal behavior that are otherwiseunexplainable; (e)deteriorating work performance that is not attributable to other factors; and (f) accidents, on-the-job injuries, or other actions that provide reasonable cause to believe the employee may be under the influence of drugs or alcohol, or that result in off-premises medical attention to the employee, injury to others, or property damage in excess of $250.00. VisualScape, at its sole discretion, may also conduct follow-up substance testing when an employee enters an employee assistance or rehabilitation program, random or periodic substance testing of all employees, routine testing of job applicants, and routine testing of employees returning to work after a leave of absence of two weeks or more. Employees who refuse substance testing under these circumstances will be terminated. The type of testing to be conducted includes, but is not limited to, any chemical, biological or physical instrumental analysis, and may require the collection of blood, urine, breath, saliva, or hair of an employee or job applicant. VisualScape Inc. shall test for the following substances: (a)Alcohol (booze, drink, distilled spirits, wine, malt beverages, beer, intoxicatingliquors, alcoholic beverages, etc.); (b) Amphetamines (Binhetamine, Desoxyn, Dexedrine); (c)Cannabinoids (marijuana, hashish, hash, hash oil, pot, joint, roach, spleaf, grass, weed, reefer); (d) Cocaine (coke, blow, nose candy, snow, flake, crack); (e)Phencyclidine (PCP, angel dust, hog); (f) Methaqualone; (g) (h)Barbiturates (Phenobarbital Tuinal, Amytal); (i) Benzodiazophines (Ativan, Azene, Klonopin, Dalmane, Diazepam, Halcion, Librium, Poxipam, Restoril, Serax, Tranxene, Valium, Vertron, Xanax); (j) Methadone (Dolophine, Methadose); (k)Propoxyphene (Darvocet, Darvon N, Dolene); and (l)Metabolites of any substances listed above. Under most circumstances, positive confirmed test results of the presence of 0.05% alcohol or the presence of any other controlled substances in the body is a violation of this policy and shall subject the employee to discipline, up to and including termination. A copy of Drug-Free Workplace Policy, including the procedures for contesting positive test results, is available for review from the Human Resources Representative. A list of names, addresses, and telephone numbers of employee assistance programs and local drug rehabilitation programs are also on file with the Human Resources Representative. 2.3.Confidentiality All information, interviews, reports, statements, memoranda and drug test results, written or otherwise, received by VisualScape Inc. as part of this drug testing program are confidential communications. Unless authorized by state laws, rules or regulations, VisualScape Inc. will not release such information without a written consent form signed voluntarily by the person tested. VisualScape Inc. or its legal counsel may disclose such information in the event that a challenge or other form of civil, disciplinary or administrative litigation is commenced by a job applicant or employee. 3.IMMIGRATION LAW COMPLIANCE The Company is committed to employing only United States citizens and aliens who are authorized to work in the United States and does not unlawfully discriminate on the basis of citizenship or national origin. In compliance with the Immigration Reform and Control Act of 1986, each new employee, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility. Former employees who are rehired must also complete the form if they have not completed an I-9 with the Company within the past three years, or if their previous I-9 is no longer retained or valid. Employees with questions or seeking more information in immigration law issues are encouraged to contact the Human Resources Representative. Employees may raise questions or complaints about immigration law compliance without fear of reprisals. 4.YOUR EMPLOYMENT STATUS Your employment at VisualScape Inc. party, at any time. This includes termination with or without cause, and with or without notice. Any oral statements or assurances to the contrary are not binding on the employer and should not be relied upon by the employee or job applicant. If you believe such assurances have been made, contact the administration for confirmation in writing. The Company is not responsible for, and will not stand by, any statements or assurances that are not reaffirmed in writing by an officer of the Company. Statements on the employment application, or in this handbook, training manuals, or other Company documents, do not constitute or imply an employment contract and should not be relied upon by the employee or job applicant under any circumstances as assuring continuous 5.INTRODUCTORYPERIOD All new employees have anintroductory period of 90 calendar days from the date of hire, and are not eligible for paid holidays, for leave of any kind, or any other company sponsored benefits untilthe expiration of the probationary period and/or dates of eligibility. During this introductoryperiod,you will be evaluated by your supervisorand manageras to what is expected from you, with respect to your job performance. You will be carefully observed to make sure your working habits, your aptitude, and the way you relate to your superiors and to your fellow employees are in accordance with the policies established by the company. Throughout your employment, and regardless of any oral representations made to you by anyone to the contrary, you serve at the will and pleasure of our Company and may be discharged at any time with or without cause and with or without notice. However, for purposes of the Florida Unemployment Compensation Law, we are evaluating youfor the first ninety (90) calendar days of your employment. You should understand that if you are discharged for unsatisfactory work performance during that period of time, our Company will not have its account charged for any unemployment benefits you might be eligible for in the future. Completion of theintroductoryperiod does not alter your status as an employee at the will and pleasure of the Company. 6.ORIENTATION The Company offers orientation to all new hires as the introduction to their jobs, co-workers and the organization byproviding them with information regarding such items as benefits, policies, procedures, Company history, goals, culture and work rules. Orientation will be scheduled accordingly by each branch location. 7.PART TIME EMPLOYEE Any employee working l-Time employees are not eligible for paid holidays, for leave of any kind, or company sponsored benefits. 8.FULL-TIME EMPLOYEE employee is eligible (based on eligibility requirements and job title) for recognized holidays with pay, for a leave of absence without pay, paid vacation, or company sponsored benefits. 9.WORKWEEK AND WORKDAY Our workweekbegins on Monday at 12:00 am and ends on Sunday at Midnight. 10.YOUR EMPLOYMENT TYPE You will be informed of your initial employment classification and of your status as an exempt or non-exempt employee during your interview or orientation session. You will also be informed by your manager of any change in your exemption status if your position changes during your employment as a result of a promotion, transfer, or otherwise. 10.1. HOURLY EMPLOYEES:The standard workweek is five 8-hour days, totaling 40 Hours. At times, however you may be requested to work for more than forty hours, for which the Company will pay overtime to non-exempt employees. All employees are required to comply with the -keeping procedures. You will report for work in the morning and leave in the evening at times established by your manager. Daily and weekly schedules may be changed from time to time at the discretion of the Company and to meet the varying conditions of our business. Changes in work schedule will be announced as far in advance as possible. (a)Overtime Pay: If you are classified as a non-exempt employee, you will receive compensation for approved overtime work. Employees working overtime without approval will be subject to disciplinary action. All non-exempt employees will be paid at their regular rate of pay, straight time, for all hours worked up to and including the fortieth hour in each workweek, and one-half times theirregular rate of pay for all hours worked in excess of forty (40) hours in each workweek. Overtime will be computed in actual minutes worked. Vacation time, sick leave, holidays, or any other paid or unpaid absences are not considered when calculating your overtime, under Federal, State, or Local law. Managersmay schedule overtime or extra shifts when it is deemed necessary. Employees are not permitted to work overtime without the prior approval of their manager . Our intent is to compensate in accordance with applicable Federal, State, and Local laws. An attempt will be made to plan overtime with consideration for employees and customers 10.2. EXEMPT EMPLOYEES:Exempt staff is paid on a salary basis for all hours worked each week. Exempt employees are expected to work whatever hours are required to accomplish their duties, even if it exceeds their normal work week. No overtime will be paid to exempt staff. We are committed to compliance with the Fair Labor Standards Act and all regulations interpreting the Act. While exempt staff isgenerally entitled to their full salary regardless of the actual hours worked, certain deductions from salary are permitted, such as, but not limited to, personalabsences of a day or more, leave of absence under the Family Medical Leave Act, or deductions for disciplinary suspensions of a full day or more made in good faith for infractions of workplace conduct rules or safety violations of major significance. All pay deductions for exempt staff must be authorized byHuman Resources Representative. Pay deductions related to quality or quantity of work is strictly prohibited. If any exempt staff believes that a deduction is improper, they should immediately notify a member of Human Resources Representative. Any deductions not authorized by the FLSA will be reimbursed. 11. SCHEDULING WORKING HOURS, LUNCH PERIODS AND REST BREAKS It is difficult for a company in the landscape industry to maintain a fixed working schedule. Employees may be released before the normal 8-hour workday or requested to work for more than 8 hours. Lunch period and rest breaks will be scheduled according to the requirements of the job, the needs of the customer, and the hours set forth by Management. The workday will include an unpaid 30-minute break for lunch. Hourly field employees will receive a paid break of 15 minutes in the first four hours of a shift. The timing of the break period will be determined by the supervisor or manager, based on Company needs 12.RECORDING YOUR WORK TIME Accurately recording time worked is the responsibility of every non-exempt employee. The Company must have an accurate record of time worked in order to calculate an employee's pay and benefits. All staff members must keep track of their actual working hours on a daily basis using the Company time recording system. All hourly non-exempt employees must accurately record their time to show when they began working, when they took meal breaks, and when they stopped working each day. No employee is permitted to clock in or out for another employee. Failure to follow time recording procedures will result in disciplinary action up to and including termination. Any errors in an employee's timekeeping must immediately be brought to the attention of the Human Resources Representative who is authorized to make the proper adjustments. Hourly employees must report to their manager upon arriving to work in the morning and prior to leaving work in the evening. Times of arrival and departure will be recorded by the supervisor each day on the employeedaily payroll time card. Hourly employees are paid from the time they clock in at the yard until the time they finish their work in the afternoon. Time spent traveling as a passenger in a Company vehicle from the yard to the jobsite is considered hours worked and is compensable. Hourly employees do not have to return to the home office in the afternoon after their work at the job site is completed. Employees are free to leave directly from the job site after their work is completed. Hourly employees are welcome, however, to return to the yard in the Company vehicle. Time spent traveling as a passenger in a Company vehicle going from the job site back to the home office is NOT treated as work hours, and is therefore not compensable time. Time spent as the driver of a company vehicle to transport employees from one location to another will be treated as work hours. Crew members are not expected to do any work when they return to the home office at the end of the work day. If crew members perform any work when they return to the home office in the afternoon, they must report it to their supervisors, and on their time cards. Crew members must obtain approval from their supervisor in order to perform any such work at the yard in the afternoon. Exempt salaried employees will also be required to record hours worked on a time sheet or other method established by management. Time Cards are to be kept for all employees. Each supervisoris responsible to note each employees time in and out.Employees need to make sure their supervisor checks them in and out by signing their time sheet or card daily.All employees will only be paid for the number of hours worked during that time period. It is the employee's responsibility to sign their time records to certify the accuracy of all time recorded. Any errors on your time card should be reported immediately to your supervisor, who will attempt to promptly correct legitimate errors. If for some reason, the error is not corrected, it is the nsibility to bring the matter to the attention of the Human Resources Representative. It is the employee's responsibility to sign their time records to certify the accuracy of all time recorded. If corrections or modifications are made to the time record, both the employee and the supervisor must verify the accuracy of the changes by initialing the time record. Failure to properly record your time on a daily basis or the failure to use the time recording system on a daily basis will result in disciplinary action, up to and including termination. MANAGEMENT HAS THE AUTHORITY TO DIRECT ANY HOURLY EMPLOYEES TO WORK UNLESS THEY ARE RECORDING THE HOURS WORKED 13.PAYDAYS & PAY PERIODS Hourly shop, hourly administrative, non exemptand exempt employees are paid every two weeks. Paychecks are issued to the employee every other Friday, at the end of the workday. Paychecks are issued for the two weeks prior to the week the check is issued and do not include payment for work performed during the week the check is issued. 13.1.Automatic Deposit:is an optional benefit we provide our employees. Most of our employees find it convenient to have their regular paycheck automaticallydeposited in their bank account. If you would like to make arrangements for automatic deposit, contact the Human Resources Representative. VisualScape Inc. reserves the right to amend pay policies at its sole discretion. s paycheck except the employee or with proper 14.DEDUCTIONS FROM PAYCHECK Take-home pay is always less than taxable earnings; the paycheck reflects earnings for the pay period minus deductions. Federal Income Tax, Social Security (FICA), and Medicare payment are deductions required by law. VisualScape Inc. reserves the right to comply with any additionalcourt orders regarding deductions or withholding of pay. 15.REVIEWING YOUR PAY STATUS All non-exempt employees will be eligible for an annual performance appraisal within one year of their anniversary date or one year from their last wage increase, whichever is more recent. Appraisals do not guarantee an automatic wage increase. Any monetary increases as a result of an appraisal will be reflected in the employees pay within 45 days of the employee's annual appraisal date. There are no automatic salary increases for exempt employees based upon tenure, seniority, special education, training or added responsibilities. All salary increases are based on merit or performance. 16.PERSONNEL RECORDS The Company will safeguard the information medical records. Further, the Company will inform an employee prior to releasing any personnel information from their files except for regular reporting information required by law. Employee personnel files are the property of the Company. Employees may review their personnel files by making an appointment with Human Resources to do so during regular business hours. Employees may not remove any portion of their personnel file from the Company premises. Employees should advise Human Resources of applications for credit of verifications of employment that might require the release of employment and salary information. It is very important that employee records be kept on an up-to-date basis. All employees must notify their managerand Human Resources within three business days of any changes that take place regarding their name,marital status, address, telephone number, number of dependents, person to contact in case of an emergency, work eligibility status, change of beneficiary for insurance, and any other pertinent information. Any changes to marital status or number of dependents will require execution of appropriate I.R.S. forms. Forms are available in Human Resources to request information, make status changes, etc. (It is tion is in the personnel files). Providing false or misleading information to the company in any respect is grounds for immediate discharge. 17.PROMOTIONS The Company expects to fill existing vacancies whenever possible through promotions from within the organization. Employees are selected with due regard for their seniority, on the basis of their ability, education, experience, and other qualifications necessary for the position. Each employee is urged to develop skills in his or her present job and to learn as much as possible about the Company, its operations, and its policies to be qualified for promotions when the opportunity presents itself. 18.LAYOFFS/REDUCTIONS IN FORCE Whenever layoff of personnel or a reduction in force is necessary for business or other reasons, those employees affected will be given as much advance notice as possible and as permitted by law. No recall rights exist. Selections for layoffs or reductions in force will be made based on a variety of factors including, but not limited to, seniority, job classification, and job performance. Our Company does not maintain a severance plan. 19.RESIGNATIONS VisualScape Inc., any employee who desires to resign can do so at any time. However, as a courtesy to our Company, the resignation should departure. Failure to do so will result in the loss of any accrued benefits. All Company property and employee uniforms in the possession of the employee who resigns must be returned. Under no circumstances should you consider that there is any contract, guarantee, or promise of any type that would entitle you to accrued benefits or severance pay. 19.1.Job Abandonment:Employees of the Company that are absent for more than two consecutive days without notifying a manager or human resource representativeare considered to have voluntarily abandoned their employment with the Company. The effective date of termination will be the last day the employee reported for work. If an employee abandons a job, he or she will not be entitled to accrued vacation/sickdays. 20.OPEN-DOOR POLICY AND COMPLAINT PROCEDURE We at the Company are dedicated to continuing what we believe to be an excellent employee relations program. We will do our best to maintain good working conditions, competitive wages and benefits, open communications, and employee involvement. It is our policy that every employee, regardless of position, be treated with respect and in a fair and just manner at all times. However, from time to time, problems or difficulties may arise. We wantto know about these problems.Whatever the question or problem, you are now a part of the team, and your concerns are important. In order to provide an orderly method for addressing your concerns and problems, we request that you discuss your complaints with your immediate manager, if the problem is not satisfactorily resolved, with the Human Resources Representative, or any officer of the Company for a final resolution. In the event you have a concern, and for personal reasons you cannot discuss the issue with a manager, you may go directly to the Human Resources Representative, or Presidentof the Company. The Human Resources Representative,Manager, or the Presidentis available for advice and assistance in solving your problem at any time. The Company will attempt to keep all such expressions of concern, their investigation, and the terms of their resolution confidential, recognizing, however, that in the course of investigating and resolving the concerns some dissemination of information to others may be appropriate. Further, no employee will be discriminated or retaliated against, or in any way penalized, for using these procedures. Again, please bring your complaints and concerns to our attention so that we can resolve them. Please do not assume that the Company is aware of your concerns or problems. We cannot receptive to your concerns. We are always looking for ways to make this a better place to work. The Company believes that prompt and effective use of this complaint procedure will help maintain a pleasant work environment for all. 21. LACTATION POLICY Employer complies with all federal and state laws and regulations concerning breast-feeding and nursing mothers and provides assistance for nursing mothers who want to express and store breast milk at workplaces during business hours. This policy addresses different forms of lactation assistance that Employer provides for nursing mothers. 21.1Break Time for Lactation Purposes (a)Employees who are nursing mothers can take reasonable break periods during the workday to express breast milk for their children. Such nursing mothers can take breaks each time they need to express milk beginning from the date of the nursing child's birth and for up to one year. (b)Employees who are nursing mothers can use their meal and paid break times for lactation purposes. Break times that are used for lactation purposes beyond Employers provided break times are unpaid. For more information about meal and break periods, see Employer 's meal and break period policy. (c)Employees who are nursing mothers should discuss their need for extra break periods to express breast milk withhuman resources representatives. For additional information please contact Human Resources. 1.RULES REGARDING ABSENCES Regular attendance is of vital importance for the daily operation of our company. Nevertheless, we understand that in certain occasions it becomes necessary for the employee to be absent from work, in such cases, the following rules must be reserved: (a)Permission must be obtained for absences. Requests for absences are evaluated to determine the legitimacy of the request. Absence without permission will be considered a violation of the Company rules and as such, subject to disciplinary action up to and including termination. (b)If the absence results from an emergency situation, the employee must notify his or her manageras soon as possible, preferably before the workday begins. (c)Employees absent for more than three consecutive days on sick leave will have to submit a written justification from a licensed physician. (d)Employees absent from work, without permission, for two consecutive days will be considered as job abandonment (See Part II Section 20Page 13) (e)Employees absent from work, without permission, on three occasions within one year canbe dismissed The rules detailed above apply to all absences recognized by the company. 2.ATTENDANCE AND PUNCTUALITY employee is expected to be at his or her work assignment on time each day and to remain there throughout his or her scheduled hours.Absenteeism or tardiness, even for good reason, is Excessive, absenteeism or tardiness, whether excused or unexcused, can result in discipline, up to and including termination. If an employee is absent without proper authorization, deductions shall be made from their pay for the period of absence, in cases where the employee is not dismissed. The determination of whether absenteeism or tardiness is excessive is within the sole discretion of the Company. If you are going to be late or absent from work for any reason, you must personallynotify your manageras far in advance as possible, so that proper arrangements can be made to handle your work during your absence. Of course, some situations may arise in which prior notice cannot be given. In those circumstances, you are expectedto notify yourmanageras soon as possible. Leaving a message does not qualify as notifying your manager--you must personally contact your manager. Any absence without notifying your managerwill be treated as an unexcused absence. Unless a different arrangement has been made in advance, you must call your managerevery day you intend to be absent. Employees absent without authorization may be considered to have voluntarily resigned and/or abandoned their employment. Employees are not permitted to leave work during their regularly scheduled hours without their managermust also personallycontact your managerand obtain his or her permission.Nothing in this policy is intended in any way to interfere with, coerce, or restrain any employee from exercising his or her rights under any State or Federal labor law, includingthe National Labor Relations Act. 1. VACATIONS All hourly Supervisors, Exempt Employees and Administrative Office Personnel qualify for 5 days of paid vacation per year after one year of continuous fulltime employment. If a fulltime employee in a non-eligible job title changes to an eligible job title, that employee will qualify for 5 days of vacation per year provided they have fulfilled one year of continuous fulltime employment after theirpromotion date. Once an employee becomes eligible for vacation, he or she must request vacation time from his or her managerfour (4) weeks in advance by completing a vacation request form. All vacation requests are subject to approval by the managerand annual blackout dates may apply.The employee's preference for vacation time will be granted whenever possibleprovided that the employee's choice of vacation does not conflict with the proper functioning of his/her department. For this reason, a managerreserves the right to accept the employee's request for vacation or ask the employee to choose a more convenient time. No employee may take vacation time before he/she has earned it. Employees will not be allowed to carry over any unused vacation to the following year or have vacation paid out in lieu of time off. Any employee who voluntarily resigns or is terminated will not be entitled to be paid for his or her vacation time. Nevertheless, our Company will comply with all federal, state and local laws pertaining to employment termination in effect at that time. 2. HOLIDAYS All hourly Supervisors, Exempt Employees and Administrative Office Personnel will receive Holiday pay after ninety (90) days of continuous employment. If a fulltime employee in a non-eligible job title changes to an eligible job title, that employee will qualify for Holiday pay provided they have fulfilled ninety (90) days of continuous fulltime employment after theirpromotion date. Eligible employees as specified above receive six paid holidays (paid at the e rate) a year. Paid Holidays are as follows: (a)New Years Day (b)Memorial Day (c)Independence Day (d) Labor Day (e) Thanksgiving Day (f) Christmas Day When a holiday falls on a non-workday (Saturday or Sunday) the holiday usually is observed on Monday (if the holiday falls on Sunday)or Friday (if the holiday falls on Saturday). In the following instances the employee will not qualify for Holiday Pay: 2.1.Employees who have taken unauthorized leave the day prior to or the dayafter a holiday. 2.2Employees who are on a Leave of Absence for 3 days or more the day before or after the holiday. 3MILITARY LEAVE OF ABSENCE 3.1Military Leave:Employees who enter the military service will be granted a leave of absence without pay in accordance with applicable federaland statelaws. You will retain full seniority benefits for all prior service upon re-employment, if after being discharged from the service, you return within the time prescribed by federal regulations and have not worked any intermittent jobs. Copies of military orders and other relevant information will be requested prior to approval. If any of these provisions are inconsistent with applicable law, the Company will fully comply with applicable law. 3.2.Annual Military Reserve Training:Employees who serve in U.S. military organizations or state militia groups may take necessary time off without pay to fulfill this obligation, and will retain all of their legal rights for continued employment under existing laws. These employees may apply personal days and unused earned vacation time to the leave if they prefer, but are not required to do so. You are expected to notify your manager and human resources representativesas soon as you are notified of the dates you will be on duty so that arrangements can be made for coverage during this absence. 4.BEREAVEMENT LEAVE Regular full-time employees are granted leave of absence withoutpay for up to three days within one calendar year because of death of a family member. Family members recognized for this purpose are grandparents, parents, siblings, husband and wife, children, and grandchildren. These three days are to be taken consecutively within a reasonable time of the day of the death or the day of the funeral, and may not be split or postponed. 5.FAMILY AND MEDICAL LEAVE In accordance to the provisions of the Family and Medical Leave Act of 1993, as amended, and its implementing regulations (the "FMLA"), and current Company policy, an Eligible Employee is entitled to unpaid family and medical leave, or military family leave as set forth below: 5.1.Definitions: (a)Eligible Employees:Employees who have worked for the Company for at least twelve (12) months, and have worked at least 1,250 hours during the 12 month period immediately before the commencement of the leave, if employed at a job site where there are 50 or more employees within a 75 mile radius. (b)Covered Service member: A member of the Armed Forces, including a member of theNational Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness incurred in the line of duty on active duty. (c)Covered Military Member: The employee's spouse, son, daughter or parent who is a member of the reserve components or a retired member of the Regular Armed Forces or Reserve, and who is on active duty or call to active duty status. (d)Next of Kin: The nearest blood relative (in order of priority under the FMLA or as designated by the Covered Servicemember) of a Covered Servicemember other than the Covered Servicemember's spouse, parent, son or daughter for purposes of Caregiver Leave as specified under the FMLA. (e)Outpatient Status: With respect to a Covered Servicemember, the status of a member of the Armed Forces assigned to either a military medical treatment facility as an outpatient; or a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients. (f)Serious Injury or Illness: Any injury or illness incurred by a Covered Servicemember in the line of duty on active duty that may render the servicemember medically unfit to perform the duties of the servicemember's office, grade, rank, or rating. (g)Serious Health Condition: An injury, illness, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider. 5.2.Reasons for Leave:All employees of the Company are directed to review the Department of Labor Notice to Employees referenced as "Employee Rights and Responsibilities underthe Family and Medical Leave Act" (WHD Publication 1420).Please Note that all employees may at any time during regular Company hours obtain copies of the forms referenced herein from the Human Resources Representative. Further, employees with questions or complaints regarding the FMLA should contact the Human Resources Representative.In accordance with applicable regulations and the FMLA, as amended, the Company provides the following types of FMLA leave: (a)Basic Leave: Eligible Employees will be granted a total of up to 12 weeks of unpaid leave for the followingreasons: (i)the birth of the employee's child and in order to care for that child; (ii)the placement of a child with the employee for adoption or foster care, and to care for the newly placed child; (iii)the care for a spouse, child, or parent (not parents "in law") who has a serious health condition; or (iv)the employee's own serious health condition that renders the employee unable to perform one or more of the essential functions of his or her job. (b)Qualifying Exigency Leave: Eligible Employees with a Covered Military Member may use their 12-week leave entitlement to address certain "qualifying exigencies." Qualifying exigencies include short notice deployments (7 or fewer days), military events and related activities, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, rest and recuperation attending post-deployment reintegration briefings, and additional activities as agreed to by the Company and the employee. An employee whose family member is on active duty or call to active duty status in support of a contingency operation as a member of the regular Armed Forces is not eligible to take leave because of a qualifying exigency. (c)Caregiver Leave: Eligible Employees will be granted a total of up to 26 weeks of unpaid leave to care for a Covered Servicemember. An employee requesting this type of leave must provide the Certification of Serious Injury or Illness of the Covered Servicemember For MilitaryFamily Leave (DOL Form WH-385). This certification is not tied to a serious health condition as for other types of leave. In order to take leave to care for a Covered Servicemember, the Eligible Employee must be the spouse, son, daughter, paren, or Next of Kin of the Covered Servicemember. 5.3.Limitations on Leave Period:As specified in paragraph 2 above, an Eligible Employee is entitled to take up to 12 weeks of unpaid Basic Leave or unpaid Qualifying Exigency Leave, or up to twenty-six (26) weeks of unpaid Caregiver Leave, in any 12-month period. Eligible employees taking time off to care for a Covered Servicemember are limited to a combined total FMLA leave of twenty-six (26) weeks. The 12-month period for Basic Leave and Qualifying Exigency Leave shall be measured for all employees based on a 12-month period measured backward from the date an employee uses any family or medical leave. The 12-month period for Caregiver Leave shall be measured for all employees beginning on the first day of such leave forward. Entitlement to leave for the birth or placement of a child for adoption or foster care will expire 12 months from the date of birth or placement. The leave is without pay, pursuant to the conditions set out in this policy. Employee leaves of absences ("LOA") run simultaneously. For example, an employee may incur a non-work related illness or a work-related illness or injury that also causes a "serious health condition" making the employee unable to perform the functions of his/her position within the meaning of the FMLA. In such circumstances, any short-term disability LOA or workers' compensation LOA will also count against the employee's twelve (12) week FMLA Basic Leave entitlement. If a husband and wife both work for the Company, the Company will limit the aggregate leave taken by both employees to a total of 12 weeks during the 12-month leave period if the leave is taken for the birth of employee's own child or placement of a child for adoption or foster care, or to care for the employee's parent with a serious health condition. If the leave is for the care of a Covered Servicemember, the Company will limit the aggregate leave taken by both employees to a total of twenty-six (26) weeks during the twelve (12) month leave period. However, if the leave is taken by either spouse to care for the other who is seriously ill and unable to work; to care for a child with a serious health condition; or for his/her own serious illness, then each employee is eligible for 12 weeks of leave. 5.4.Paid/Unpaid Leave:For all family and medical leave requested the employee is required to use all of his/her accrued leave time including vacation leave and sick leave. The remainder of the leave will then consist of unpaid leave. The employee must satisfy all Paid time off must also be used to cover any elimination period or to supplement any monies received under a disability plan orinsurance policy or any other benefit plan orinsur permitted by the terms of the particular benefit plan or insurance policy. 5.5.Intermittent/Reduced Leave:Intermittent leave is a leave taken in separate blocks of time. A reduced work schedule leave is a leave schedule that reduces an employee's usual number of hours per workweek or hours per workday. Leave due to a Qualifying Exigency may be taken intermittently or on a reduced work schedule. Employees may not take intermittent or reduced leave for the birth or placement of a child. In the case of serious health conditions or for the care of Covered Service members, leave may be taken intermittently or on a reduced leave schedule when medically necessary. In such cases, the health care provider must submit a declaration stating why the leave must be granted on an intermittent or reduced schedule basis and the amount of time the leave on that basis will be needed. Employeesare expected to make a reasonable effort to schedule intermittent leave so as to not disrupt the operations of the Company.If an employee requests intermittent or reduced leave for planned medical treatment or recovery from a serious health condition, then the employee may be required to transfer temporarily to a position with equivalent pay and benefits that better accommodates recurring periods of leave. 5.6.Request for Leave:An employee giving notice of the need for FMLA leave must complete theCompany's required Request for Family or Medical Leave formavailable from the Human Resources Representative and return it to the Human Resources Representative. The completed request form must state the reason for the leave, the duration of the leave, and the starting and anticipated ending dates of the leave. If an employee fails to explain the reasons for the needed leave, the leave may be denied. 5.7.Notice for Leave:Where the need for FMLA leave is foreseeable based on an expected birth, placement for adoption or foster care, planned medical treatment for a serious health condition of the employee or a family member, or the planned medical treatment for a serious injury or illness of a Covered Servicemember, an employee must provide notice to the Company by submitting the Request for Family or Medical Leave form at least thirty (30) days before the leave is to begin. If an employee's leave must begin within 30 days, the employee must give written notice to the Human Resources Representativeusing the Request for Family or Medical Leave form as soon as is practicable after the necessity for the leave becomes known to the employee. An employee that fails to give the required 30 day advanced notice for foreseeable leave may have their leave delayed until 30 days after the date the employee provides the required notice. Where the need for FMLA leave is not foreseeable the employee must provide notice as soon as practicable under the facts and circumstances of the particular case, and in accordancewith the Company's customary notice requirements. Accordingly, even where the leave is unforeseeable, the employee must still submit the Request for Family or Medical Leave form to the Human Resources Representativeabsent unusual circumstances such as emergency medical treatment. Notice may be provided by an employee's spokesperson (e.g. spouse, adult family member, or other responsible party) if the employee is unable to do so personally. 5.8.Certification of Leave:In the case of medical conditions, the Company makes certain reasonable inquiries to determine if the FMLA leave is because of a serious health condition, and requests medical certification to support the need for such leave as outlined herein. The Company also requests certification to support the need for Qualifying Exigency Leave, and for Caregiver Leave. Where the employee requests Basic Leave, the Company may require a second or third opinion, at its expense, to determine if the requested leave is FMLA-qualifying. Recertification, if any, shall be at the employee's expense, and will be requested by the Company in accordance with the FMLA, as amended. An employee has an obligation to respond to an employer's questions designed to determine whether an absence is potentially FMLA-qualifying. Failure to respond to the Company's inquiries regarding the leave request may result in a delay or denial of FMLA protection if the Company is unable to determine whether the leave is FMLA-qualifying. Employees are directed to return all medical certification documentation to the Human Resources Representative; this medical certification (a) Certification of Serious Health Conditions for Basic Leave: The application for leave based on the "serious health condition" of the employee or the employee's spouse, child, or parent must be accompanied by a "Certification of Health Care Provider" completed by the health care provider of the employee or the employee's ill or injured family member. A certification is required for a continuous, intermittent or reduced workday or workweek leave schedule. The Certification of Health Care Provider must be completed in its entirety. You may request a copy of the Certification of Health Care Provider for Employee's Serious Health Condition (DOL Form WH-380-E) or the Certification of Health Care Provider for Family Member's Serious Health Condition (DOL Form WH-380-F) from the Human Resources Representative. If the FMLA leave is requested as a result of the employee's serious health condition, the medical certification must state that the employee cannot perform the essential functions of his or her job and must specifically list which essential functions cannot be performed. The employee must obtain from the Company a statement of the essential functions of the employee's position and provide it to his or her health care provider along with the Certification of Health Care Provider for Employee's Serious Health Condition (DOL Form WH-380-E) form. - When leave is foreseeable, a completed Certification of Health Care Provider must be submitted to the Human Resources Representative within 15 days of notification of the necessity of a leave. In addition, recertification of medical necessity will be required every 30 days unless the circumstances permit a shorter period as allowed under the FMLA. (b) Certification of Qualifying Exigency: An employee requesting leave related to a Covered Military Member must provide proof of the call-up or active military service at the time of the request. This documentation may be a copy of the military orders or other official Armed Forces communication. The employee shall also provide the Company with information regarding the qualifying reason for leave and amount of leave needed. The Certification of Qualifying Exigency for Military Family Leave (DOL Form WH-384) must be completed by the employee and returned to the Human Resources Representative. This Certification of Qualifying Exigency shall be submitted to the Human Resources Representative within 15 days of notification of the necessity of a leave. (c) Certification of Caregiver Status: An employee requesting Caregiver Leave must provide documentation of the Covered Servicemember's qualifying illness, injury, recovery, or need for care at the time of the request. A copy of the Certification for Serious Injury or Illness of Covered Servicemember (DOL Form WH-385) to be completed by the employee or Covered Servicemember and health care provider and returned to the Human Resources Representative is available from the Human Resources Representative. This Certification for Serious Injury or Illness shall be submitted to the Human Resources Representative within 15 days of notification of the necessity of a leave. 5.9.Employer Response to Employee Request:After an employee requests FMLA leave, the Company shall provide the employee with a Notice of Eligibility and Rights & Responsibilities within five (5) business days. After the Company has reviewed the leave request information provided by the employee including any certification documentation, and determined the leave is for an FMLA qualifying reason, the employee will be promptly notified whether the leave has been approved and that accrued paid leave must first be used. The Company's notice to the employee will be confirmed in writing by way of a Designation Noticewithin five (5) business days. The response will detail the employee's specific expectations and obligations relating to his/her leave. This document contains important information that the employee should read carefully. 5.10. Benefits Coverage During Leave: (a)Health Benefit:During the leave, the employee will be retained on the Company's group health plan under the same conditions that applied before the leave began. To continue health coverage while on leave, the employee must continue to make any contributions that he/she made for group and other insurance benefits prior to leave. Failure of the employee to pay his/her share of the health insurance premium may result in the loss of coverage. (b)Cafeteria Plan Benefits:While on paid leave, the Company will continue to make payroll deductions for any cafeteria plan benefits the employee may have. While on unpaid leave, the employee must continue to make the cafeteria plan benefit premium payments must be made in accordance with the terms of the Cafeteria Plan documents. Please consult the plan documents or see Human Resources for questions. Required payments must be received byaHuman Resourcesrepresentativein the time requirements specified by the Cafeteria Plan. Failure to pay premiums on a timely basis will result in a loss of coverage for the duration of the leave. 5.11.Accrual of Paid Leave/Lengthof Service:Employees who take FMLA leave will not lose any previously accrued seniority or length of service.Paid holidays are not provided to an employee who is on leave. Vacation leave and sick leave do not accrue while on FMLA leave. Such accrual will resume upon an employee's return to work. The annual vacation and sick leave accrual will be prorated for the calendar year in which the leave of absence occurs based on the duration of the leave of absence and the employee's benefit eligibility and accrual rate. 5.12.Recovery of Benefits:If an employee fails to return to work after the expiration of the leave, the employee may be required to reimburse the Company for the payment of the health insurance premiums paid to maintain the employee's ordependent's coverage during the period of unpaid family or medical leave. If the employee claims that he or she is not able to return because of the employee's continuing serious health condition, family member's serious health condition, or Covered Servicemember's serious injury or illness, then a medical certification to substantiate that claim is required to be furnished to the Company within 30 days from the date the employee's leave expired. \[NOTE: Reimbursement will not be required if the employeedoes not return to work because of a serious health condition or other circumstances beyond the employee's control. § 825.213\] 5.13.Restoration to Employment:Absent special circumstances, an employee who returns from FMLA leave will be returned to the same position held when the leave began or to a position equivalent in pay, benefits, and other terms and conditions of employment. 5.14.Return from Leave:The Company will require an employee out on FMLA leave due to the employee's own serious health condition or the serious health condition of a family member to submit a Family and Medical Leave Status Report to the Human Resources Representative every thirty (30) days advising of his or her status and intent to return to work upon the completion ofthe leave. A copy of the Family and Medical Leave Status Report is available upon your request from the Human Resources Representative. Depending on the relevant facts and circumstances related to the individual employee's leave situation, status reportsmay be required at shorter intervals. Employees returning from a personal medical leave are required to provide a Fitness for Duty Certificationfrom a health care provider indicating that the employee is able to resume work. The Fitness for Duty Certification form must be completed in its entirety and returned directly to the Human Resources Representative. A copy of the Fitness for Duty Certification is available from the Human Resources Representative. The Company may delay the employee's restoration to employment until the certification is provided. Employees who do not return to work upon the expiration of the leave may be treated as having voluntarily terminated. An employee who requests an extension (should the leave be for less than 12 weeks) of FMLA leave must submit his or her request for an extension, which includes the reason for the requested extension, to theHuman Resources Representativeprior to the expiration of the leave. 6.DOMESTIC VIOLENCE LEAVE 6.1 Background and Eligibility: In accordance wprotections (Section 741.313 of Florida Statutes), staff members who have worked for the company for three (3) months or more may be granted up to 3 working days of unpaid leave in any 12 month period if the staff member or a family or household member of an staff member is the victim of domestic violence. 6.2.Unpaid Leave: A staff member may take the leave as unpaid or may use anyavailable paid leave they may have. 6.3.Reasons for Leave:This leave may be used for any of the followingreasons: (a)Seek an injunction for protection against domestic violence or an injunction for protection in cases of repeat violence, dating violence, or sexual violence; (b) Obtain medical care or mental health counseling, or both, for the staff member or a family or household member to address physical or psychological injuries resulting from the act of domestic violence; (c)Obtain services from a victim-services organization, including, but not limitedto, a domestic violence shelter or program or a rape crisis center as a result of the act of domestic violence; (d) violence or to seek new housing to escape the perpetrator; or (e)Seek legal assistance in addressing issues arising from the act of domestic violence or to attend and prepare for court related proceedings arising from the act of domestic violence. 6.4.Requests for Leave and Documentation and Confidentiality:A staff member must provide appropriate advance notice of 15 days of the need for leave, except in cases of household member. The request must also be accompaniedwith sufficient documentation of the act of domestic violence. The documentation may include copies of police reports, restraining orders, legal papers to be filed with the court, orders to appear in court, or any other documentation to establish the needfor a leave as set out in this policy. All information leave must be submitted confidentially to the Human Resources Representative. 6.5.Definitions: (a)Domestic violence:means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. (b)Family or household member:means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together inthe past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit. (c)Victim:means an individual who has been subjected to domestic violence. 7.SOCIAL SECURITY which paycheck. Information on the social security program is available from the administration. 8.UNEMPLOYMENT BENEFITS VisualScape Inc. complies with all Federal, state, and local laws, rules and regulations regarding unemployment benefits. Information on the unemployment compensation program is available from the administration. 9. if the employee is killed on the job. Job-related injuries and illnesses must be reported to the Insurance is paid by the company. Information about this program is available from the administration. compensation benefits for any injury which arises out of an employ any off-- related duties. 10.UNIFORMS As an additional benefit and convenience to our employees, the Company provides uniform t- sh long pants. 11. HEALTH INSURANCE All Full-Time Health Insurance Programafter 60 daysof continuous ful the month following 60 days. Upon eligibility employees may enroll dependents on the Health Insurance Program at their own expense. Information about the Health Insurance Program is available from the Human Resources Department. If an employee wishes to make changes to their selection or enroll in coverage after their initial enrollment date, they will be only be eligible to do so during annual open enrollment. 12. DENTAL PLAN All Full- continuous fulltime employment. following 60 days. You will be responsible for the full cost of this plan through payroll deduction. Complete details of this plan may be obtained from Human Resources. If an employee wishes to make changes to their selection or enroll in coverage after their initial enrollment date, they will be only eligibleto do so during annual open enrollment unless they have a qualifying event. Refer to summary plan documents for further details. 13. VISION PLAN All Full- continuous fulltime employment. following 60 days. You will be responsible for the full cost of this plan through payroll deduction. Complete details of this plan may be obtained from Human Resources. If an employee wishes to make changes to their selection or enroll in coverage after their initial enrollment date, they will be only eligible to do so during annual open enrollment unless they have a qualifying event. Refer to summary plan documents for further details. 14. COBRA Full time employees may have rights to continue certain health insurance benefits upon leaving employment with the company at their expense. Visualscape complies with Federal laws and Information about Cobra is available from the Human Resources Department. 15. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) The Company complies with the portability and privacy rules defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Please contact the Human Resources department for additional information. 16.EDUCATION AND TRAINING In certain cases, the Company will pay for or reimburse the registration, tuition fee and or related expenses for approved seminars, workshops, and short courses conducted by recognized landscape and related trade associations. Employees must request participation in such programs from human resourcesdepartmentand allow at least four(4) weeks for approval. 17.PARTICIPATION IN PROFESSIONAL AND TRADE ASSOCIATIONS The Company maintains membership in various state and national trade associations. Qualified employees are encouraged to participate and attend local meetings of these organizations as company representatives. 1. PERSONAL APPEARANCE The personal appearance of our employees reflects on the image and prestige of the Company. Remember that a neat, professional appearance contributes to the positive impression you make on our clients. Therefore, it is imperative that the following rules be observed without exception: 1.1. General standards: (a.)As part of our professional appearance, personal hygiene and grooming should be carefully maintained. (b) Facial hair, if worn, should be well groomed. (c) Jewelry and other body adornments including tattoos should be appropriate and in keeping with a professional appearance.No earrings are permitted for Male employees. (d) All clothing and footwear must be clean and in good condition, nothing frayed, patched, or extensively faded is appropriate 1.2.Field Employees& Management Standards: (a)Company issued shirt (b)Long Pants / No shorts. (c) Leather boots must be worn and boot laces need to be tied at all times. No tennis shoes, sandals or open shoes. (d) Only permissible headwearisCompanyissuedcaps and hard hats. (e) Long hair must be worn in a ponytail at all times, and tucked under the cap for safety reasons. (f) No jewelry is allowed for safety reasons. Please refer to your Work Safety Program for additional requirements on Personal Protective Equipment(PPE). 1.3.Administrative Office StaffStandards: Business casual attire is required,examples as follows: (a) Casual shirts, golf shirts, dress shirts, sweaters, tops, and turtlenecks are acceptable. (b) Clean jeans, capris or casual pants in good condition. Pants that are frayed, patched or extensively faded are not appropriate. (c) All footwear must be in a good, clean condition. Loafers, boots, flats, clogs, conservative athletic shoes, tennis shoes, dress heels, and leather deck shoes are acceptable. (d) Any Administrative Office Staff that is working in the field on any given day must comply with the above Field Standards and the appropriate PPE for the job site. religious beliefs and disabilities whenever possible. change before resuming regular duties. The use of accrued annual leave is appropriate for such absences. As a reminder, employees are not allowed to wear halter tops, mid-drift tops, beachwear, extremely low rise pants, spandex, or form fitting attire, flip-flops or slippers. In addition distracting, offensive or revealing clothes are not appropriate. Shirts can not display alcohol, tobaccoproducts, offensive words, offensive pictures or offensive logos. If you have any questions in reference to the above stated personal appearance regulations please contact your Manageror the Human Resources Representative. 2.CHANGING YOUR JOB AND DUTIES responsibilities at any time at its sole discretion. 2.1.Internal Transfers:The company may initiate transfers of employees between departments and facilities to meet specified work requirements and reassignment of work requirements. At the same time, employees may request consideration to transfers to jobs as vacancies become available and will be considered along with other applicants. 3.OUTSIDE EMPLOYMENT Working at a second job (moonlighting), at or with another landscape firm is not permitted. Evidence that an employee has worked for, or provided assistance or privileged information to a competing landscape firm while employed by this Company willbe ground for immediate dismissal. Moonlighting for an unrelated business is permitted, if it does not interfere in any way with your job or performance at VisualScape Inc.Prior written approval from the Human Resources Representativeis required for any non-volunteer outside employment. Under no circumstances may work be performed on Company premises or during Company time that is not directly related to the business of the Company. Any employee who wishes to serve in an advisory capacity for another organization or serve on the board of any organization must first obtain approval from the President. Approval will be granted based on the amount of time and type of activity involved, any interference with the benefit to the employee and the company. 4.PERSONAL BEHAVIOR employees and may result in disciplinary action up to and including termination. This list isnot all-inclusive. (a)Falsification, alteration or damage to Company records including and not limited to (b)Possession of firearms, knives or any other kind of lethal weapon if not authorized due to job requirements. (c)Refusing to obey instructions from a supervisoror manager. (d)Failing to conduct yourself with courtesy and reserve while working with clients. (e)Intimidating, fighting, or engaging in any other type of conduct that will adversely affect the image of the company. (f)Theft, ill use, loss or intentional damage to property of other employees, property of (g)Harassing or annoying fellow employees or clients, this includes, but is not limited to, sexual or racial harassment, as well as retaliating against any employee for making a bonafide complaint of harassment or discrimination. (See anti-harassment (See Part II Section 1page 2). (h)Making vicious, malicious and false statements pertaining to your fellow employees, supervisors, managers or the company. (i)Disclosure of confidential or proprietary information to non-authorized third parties. (j)Soliciting business from fellow workers or to distribute any substance, material or propaganda without proper authorization. (k)Gambling or betting on company property or company time. (l)Using profane or abusive language. (m)Leaving the job during working hours without advance permission from your manager. Nothing in this policy is intended in any way to interfere with, coerce, or restrain any employee from exercising his or her rights under any State or Federal labor law, including the National Labor Relations Act. 5.PERSONAL RELATIONSHIPS An employee who is involved in a personal relationship with another employee may not occupy a position in the same department as, work directly for or supervise the employee with whom he or she is involved. Personal relationshipis defined as a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The Company reserves the right to take prompt action if an actual or potential conflict of interest arises concerning individuals who occupy positions at any level (higher or lower) in the same line of authority that may affect employment decisions. Supervisors and Managers are prohibited from dating subordinates and may be disciplined for such actions, up to and including termination. When a conflict or the potential for conflict arises because of a personal relationship between employees, evenif there is no line of authority or reporting involved, the employees may be separated by reassignment or terminated from employment. If such personal relationship is established after employment, the employee must disclose the existence of the relationship to the Manager. Failure to do so will result in disciplinary action, up to and including termination. When a conflict or a potential for conflict arises because of the relationship affecting employment, the individuals concerned will be given the opportunity to decide who is to be transferred to another position or terminated if no position is available. If the decision is not made within 30 calendar days, management will decide who is to be transferred or, if necessary, terminated from employment. 6.CARE OF VEHICLES, EQUIPMENT, AND FURNISHINGS Employees are expected to take proper care of vehicles, furnishings, and fixtures in their control or under their supervision. The Company may take action to recover damages if the employee does not do so. No Company vehicle, power tool, fixture, or furnishing may be taken or used for personal benefit without specific authorization. Unauthorized taking or use is grounds for dismissal and possible prosecution. If a Company vehicle, furnishing or fixture incurs any damage while under the charge of a particular employee, that employee will be responsible for reporting the damages immediately. For those employees who drive Company vehicles, the following rules also apply: (a)Vehicles are to be used for Company business only. (b)Only employees who have been authorized are allowed to drive Company vehicles. (c)ss of vehicle you are driving. Any employee whose duties include the operation of Company vehicles who is cited for D.U.I. or for any other serious moving violation will be considered to have an unacceptable driving record and his or her continued employment will be subject to review. The Company must be notified immediately of any change in the status of your record is grounds for discipline, up to and including termination. This includes, but is not limited to, involvement in a traffic accident, traffic citations for any infraction, arrests for driving under the influence (regardless of adjudication), and arrests for civil or criminal theft (regardless of adjudication).Any employee whose duties include the operation of Company or customer vehicles who becomes uninsurable policy will be considered to have an unacceptable driving record and his or her continued employment will be subject to review. Further, any employee whose duties include the operation of Company vehicles who incurs a traffic violation that affects their job duties may be suspended until the violation is resolved. However, if the resolution of the violation lasts more than 30 days, the employee may be terminated. (d)If an employee receives a traffic citation while operating aCompany vehicle, the employee will be responsible for paying any fine or penalty. If an employee is involved in a traffic accident while operating a Company vehicle, the employee is required to call a police officer to the scene of the accident and to report it to your manager and human resources representative immediately. The employee will also be required to take a drug and alcohol test within four (4) hours post-accident or as required by federal and/or state law. (e)You may never use a motorcycle to conduct either Companybusiness or provide transportation for a customer or fellow employee. Only people authorized by your managercan be passengers in Company vehicles. Permitting unauthorized passengers will lead to disciplinary action, up to and including termination. (f)No one is allowed to ride in the bed of pick-up trucks or any part of the vehicle not specifically intended for passengers use. (g)All employees operating Company vehicles are required to use their seatbelts and to strictly observe all speed limits, including those on Company property. Not using seatbelts in a Company vehicle and failure to observe speed limits may lead to disciplinary action, up to and including termination. (h)The use of Company vehicle while under the influence of intoxicants, prescription drugs or any other drug that could impair your driving ability is forbidden and will result in discipline up to including termination. (i)Engaging in distracting activities including, but not limited to, the use of cellular phones without a hands free device or texting while driving is prohibited even in slow moving traffic. Drivers are encouraged to pull aside of the road and safely stop the vehicle if they need to take care of the call or any other activity that could impair safe driving. (j)The driver is responsible to ensure the vehicle is equipped with registration, copy of insurance card, first aid kit and any other safety devices assigned to the vehicle. (k)The Company vehicle appearance may not be altered in any way without proper authorization of fleet manager. (l)and exterior must be kept in clean condition. (m)Engine fluids must be checked on a daily basis. (n)Adherence to scheduled regular maintenance and tune-ups as required. (o)Report all defects, damages or any other incidents immediately to your manageror to the shop for repairs. (p)Employees are expected to keep unnecessary noise, such as horn honking and car alarms, to a minimum. (q)Employees who utilize or are assigned a Company-owned vehicle during the course of their employment may be required to sign a separate acknowledgment form covering the requirements and responsibilities associated with operating a Company vehicle. 7.VEHICLE ALLOWANCE PROGRAM VisualScape Inc.at its sole discretion will provide a monthly vehicle allowance for certain employees who are required to drive to client sites and other locations on behalf of the Companywith their personal vehicle. Any employee of VisualScape Inc.that is offered this program is required to participate in theVehicle Allowance Program outlined by the Company. 8.CELLULAR PHONES This policy outlines the use of personal cell phones at work, the personal use of business cell phones and the safe use of cell phones by employees while driving. 8.1.Personal Cellular Phones:While at work, employees are expected to exercise the same discretion in using personal cellular phones as is expected for the use of company phones. Excessive personal calls during the work day, regardless of the phone used, can interfere with employee productivity and be distracting to others. A reasonable standard the company encourages is to limit personal calls during work time to no more than one per day as needed. Employees are therefore asked to make any other personal calls on non-work time where possible and to ensure that friends and family members are aware of the Company's policy. Flexibility will be provided in circumstances demanding immediate attention. All personal cell phones and other communication devices are requiredto be kept in silent mode while employees are on duty. The Company will not be liable for the loss of personal cellular phones brought into the workplace. 8.2.Personal Use of Company-Provided Cellular Phones:Where job or business needs demand immediate access to an employee, the Company may issue a business cell phone to an employee for work-related communications. To protect the employee from incurring a tax liability for the personal use of this equipment, such phones are to be used for business reasons only. Phone logs will be audited regularly to ensure no unauthorized use has occurred. Employees in possession of Company equipment such as cellular phones are expected to protect the equipment from loss, damage or theft. Upon resignation or termination of employment, or at any time upon request, the employee may be asked to produce the phone for return or inspection. Employees unable to present the phone in good working condition within the time period requested (for example, 24 hours) may be expected to bear the cost of a replacement. Employees who separate from employment with outstanding debts for equipment loss or unauthorized charges will be considered to have left employment on unsatisfactory terms and may be subject to legal action for recovery of the loss. 8.3.Safety Issues for Cellular Phone Use: Employees whose job responsibilities include regular or occasional driving and who are issued a cell phone for business use are expected to refrain from using their phone while driving. Safety must come before all other concerns. Regardless of the circumstances, including slow or stopped traffic, employees are strongly encouraged to pull off to the side of the road and safely stop the vehicle before placing or accepting a call. If acceptance of a call is unavoidable and pulling over is not an option, employees are expected to keep the call short, use hands-free options if available, refrain from discussion of complicated or emotional issues, and keep their eyes on the road. Special care should be taken in situations where there is traffic, inclement weather, or the employee is driving in an unfamiliar area. In situations where job responsibilities include regular driving and accepting of business calls, hands-free equipment will be provided to facilitate the provisions of this policy. Employees whose job responsibilities do not specifically include driving as an essential function, but who are issued a cell phone for business use, are also expected to abide by the provisions above. Under no circumstances are employees allowed to place themselves at risk to fulfill business needs. Employees who are charged with traffic violations resulting from the use of their phone while driving will be solely responsible for all liabilities that result from such actions. Violations of this policy will be subject to the highest forms of discipline, up to and including termination. 9.GPSPOLICY Our company phones and radios carry a built-in GPS tracking system which will be used by the company.GPS tracking technology allows us to track employees at any time. However, the Company reserves the right to use such technology only throughout our regular business hours as is defined by your job title. The Company has no interest in using, or intention to use, this device and technology outside business hours and will not track its employees outside our regular business hours. The GPS tracking system will allow us to know when the employee started to work and when the employee stopped working. The s this technology will permit us to provide lost employees directions to their work sites as needed. 10.CRIMINAL CHARGES, ARRESTS, AND CONVICTIONS You are required to immediately advise within 24 hours after being arrested, charged, and/or indicted for the commission of, or participation in, a felony or misdemeanor (including criminal traffic violations), for conduct occurring on or off-- suspension pending the outcome of the charges and/or an investigation of the facts and circumstances of the incident by the Company. Failure to advise The Human Resources Representative in a timely manner may result in disciplinary action, up to and including termination. 11.JURY DUTY Employees have a legal and civic obligation to serve as jurors or witnesses if summoned or subpoenaed to do so. If you receive a call to jury duty, please notify your manager and human resourcesrepresentativeimmediately and submit a copy of the summons to serve, so s/he may While youare on jury duty, the Company will pay the difference between your basic rate of pay and the total amount of pay you receive from serving as juror. Employees who are released from jury service before the end of their regularly scheduled shift or who arenot asked to serve on a jury panel are expected to call their manageras soon as possible and report to work if requested. 12.OUTSIDE INQUIRIES CONCERNING EMPLOYEES All inquiries concerning employees from outside sources should be directed to the Human Resources Representative. No information should be given regarding any employee by any other employee or manager to an outside source. It is the policy of the Company to verify only dates of employment and position title when information is requested regarding former employees. 13.NOSOLICITATION/NODISTRIBUTION/LIMITED ACCESS Solicitation on Company property causes employees to neglect their own work, interferes with the work of fellow employees, and can be detrimental. The following rules shall apply to solicitation or distribution of literature on Company property: 13.1.Persons not employed by the Company are forbidden from coming on the Company's property to solicit or distribute material for any reason. 13.2.With respect to Company employees: (a)There shall be no solicitation during working time. (b)There shall be no distribution of literature during working time or any other time in any working area. (c)In addition, there shall be no solicitation OR distribution of literature at any time in immediate company areas. "Working time" means time designated for performing actual job duties, either by the person soliciting or distributing the literature or the person being solicited or receiving the literature. Examples of "solicitation" include, but are not limited to, solicitations for magazines or periodical subscriptions, political contributions, or membership in organizations. Examples of "distribution" include, but are not limited to, distribution of political literature,subscription forms or informational bulletins. Employee access to the interior of the Company property is restricted during off-duty hours, unless the employee receives the Managern employee, pick up a pay-check, or attend apre-manageror human resourcesdepartment. Employees shall not enter the interior of the Company propertyor other working areas more than 15 minutes before the start of their shift and shall not remain in the interior of the Company property or other working areas more than 15 minutes after the end of their shift. Any violation of this policy is grounds for disciplinary action, up to and including termination. In addition, all employees should immediately notify their manager or another member of management of any solicitation or distribution of literature in violation of this rule by non- employees. Nothing in this policy is intended in any way to interfere with, coerce, or restrain any employee from exercisinghis or her rights under any State or Federal labor law, including the National Labor Relations Act. 14.THEFT Our society has laws against theft and so do we. Any employee found to be engaged in theft from the Company will be subject to prosecution, as well as discipline. If you must remove Company property from the premises, you must obtain written permission in advance from your manager. 15.WORKPLACE SEARCHES In order to protect the safety and property of the Company and its employees and to help prevent the possession, use, and sale of illegal drugs on Company premises, the Company Company cellular phones including Company PDAs, desks and cabinets as well as motor vehicles and any other personal belongings brought onto Company property. Inspections may be conducted at any time at the discretion of the Company. Failure to cooperate with such inspections is a violation of this policy. 16.WORKPLACE VIOLENCE and the general public are of vital importance. Therefore, acts of violence made by an -being, family, or property will not be tolerated. Employees found guilty of acts or threats of violence will be subject to discipline, up to and including immediate termination. The Company prohibits the following: (a)Any act or threat of violence made by an employee against another; (b) Any act or threat of violence, including physical harm; (c)Any act or threat of violence which endangers the safety of employees, customers, clients, vendors, contractors, or the general public; (d)Any act or threat of violence made directly or indirectly by words, gestures, or symbols; or (e)The use or possession of a weapon of any kind, ammunition, fireworks, or other similar items on Company premises, except as permitted by the Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008 (Section 790.251, Florida Statutes). It is a requirementthat employees report to their manager, in accordance with this policy, any n a safe work environment. All reports will be investigated immediately and kept confidential except where there is a legitimate need to know. 17.PUBLIC INTERNET COMMUNICATION POLICY The Company recognizes the rights of individuals to participate in online social web sites, blogs, outlined below have been developed to protect the rights of the Company, its employees, and you from libelous claims. Employeesmay access authorized Company Web Logs for business use only. Employees are prohibited from accessing non-authorized Web Logs for personal use during company time and on company equipment. When communicating on a Web Log, employees should always post a disclaimer stating that the views and opinions found on their Web Log are personal views and in no way represent the views or opinions of the Company or any of its entities. Employees are reminded that they are legally responsible for any commentary posted on a Web Log. Employees can be held liable for posting inaccurate, defamatory, obscene, proprietary, or libelous content. For these reasons, employees should exercise caution with regard to posting exaggerations, colorful language, obscenity, copyrighted materials, or other questionable content on any Web Log. non-authorized Company Web Logs or to any non-authorized third party. Confidentiality agreements signed by employees will apply to this policy. Employees are to review their signed confidentiality agreements for guidance as to what constitutes confidential, proprietary, and trade secret information prior to participating in any Web Log. By participating in a Web Log, you may generate media coverage. If a member of the media contacts you regarding any Company-related matter, please contact the Human Resources Representativeimmediately for direction as to how to respond. Always respect and protect your individual rights, the privacy and rights of the Company, your Company may request a cessation of such commentary and the employee may be subject to counseling and/or disciplinary action, up and including termination. Nothing in this policy is intended in any way to interfere with, coerce, or restrain any employee from exercising his or her rights under any State or Federal labor law, including the National Labor Relations Act. 18.USE OF COMPANY EQUIPMENT AND ELECTRONIC COMMUNICATION SYSTEM oftware, E-mail, electronic Messaging, Instant Messaging, voicemail, intranet, Internet and similar equipment, services and means of electronic business purposes only and in accordance with company policies and procedures. The Company reserves the right to retrieve and review any message composed, sent or received on the System; therefore, the ultimate privacy or confidentiality of messages and the use of the Internet cannot be ensured. Anyone using the System expressly consents to the monitoring of their activities on the System (including e-mail, messaging and use of the Internet) and to the retrieval of data from any computer hardware or other part of any system that records or stores electronic data or information. The System is subject to periodic company audit for business and security purposes. There is no personal right of privacy in these messages or equipment and employees should not expect that their messages or data contained on any equipment are personally private. The Company may engage in monitoring of electronic mail messages or other electronic files created by employees. You should treat the System (including e-mail and use of the Internet) with respect and only use it for official company business and in a manner consistent with this policy. Even when an e-mail message is deleted, it can remain in the -mail messages and other communications must be composed with the same professionalism as hard copy business correspondence and when transmitting confidential client information it should be marked as such. Employees may not use the System to infringe the copyright or other intellectual property rights of third parties, to transmit proprietary or confidential information of the Company (absent permission in the performance of their duties) to view or distribute defamatory, fraudulent, obscene or harassing messages, or otherwise to engage in any illegal or wrongful conduct. The Company strives to maintain a workplace free of harassment and sensitive to the diversity of its employees. Therefore, the Company prohibits the use of the System in ways that are disruptive, offensive to others, or harmful to morale. For example, the receipt of, display or transmission of sexually explicit images, messages, and cartoons is not allowed. Other misuse includes, but is not limited to, ethnic slurs, racial comments, off-color jokes, or anything that may be construed as harassment or showing disrespect for others. Employees may not use the System to download software unless they comply with established policies and check all such software for computer viruses. The unauthorized use ofthe System Unauthorized use of encryption technology to block access to any file on a company network is prohibited and grounds for termination. Any data stored or maintained on the System shall remain company property and must be returned to the Company upon request, at any time, or upon the termination of employment personal laptop or home computer, or otherwise, are also company property and must be returned to the Company upon request, at any time, or upon the termination of employment with the Company. Such use of personal or third party equipment for company business requires written approval by a Officer. Voicemail, electronic or instant messages, e-mails and other electronic media should only be accessed by the intended recipient. Attempts to obtain unauthorized access are also prohibited. Employees who improp discipline up to and including termination. Employees must notify a member of Management upon learning of violations of this policy. Employees who violate this policy will be subject to discipline up to and including termination. 19.INTERNET ACCEPTABLE USEPOLICY As a condition of providing Internet access to its employees, the Company places certain restrictions on workplace use of the Internet. The Company encourages employee use of the Internet: (a)to communicate with fellow employees and clients regarding matters within an (b)to acquire information related to, or designed to facilitate the performance of regular assigned duties; and to facilitate performance of any task or project in a manner manager following: (a)Use of the Internet for non-business related purposes (including but not limited to, making personal travel arrangements, shopping, visiting chat rooms, accessing home e- Internet for non-business related purposes may be permitted if such use is reasonable, done during lunch or non-working time and does not interfere with an employee's work performance. (b)Dissemination or printing of copyrighted materials (including articles and software) in violation of copyright laws. (c)Sending, receiving, printing or otherwise disseminating proprietary data or confidential information. (d)Accessing, sending, receiving, storing or soliciting offensive or harassing statements or language including disparagement of others based on their race, national origin, sex, sexual orientation, age, disability, religious or political beliefs. (e)Sending, receiving, viewing, storing or soliciting discriminatory, sexually oriented messages or images. (f)Operating a business, usurping business opportunities or soliciting money for personal gain, or searching for jobs outside the Company. (g)Sending chain letters, gambling or engaging in other activity in violation of local, state or federal law. Employees who violate this policy will be subject to discipline up to and including termination. Nothingin this policy is intended in any way to interfere with, coerce, or restrain any employee from exercising his or her rights under any State or Federal labor law, including the National Labor Relations Act. 20.USE AND RETURN OF COMPANY PROPERTY All company workspace, including file cabinets are the property of the Company and must be available to Management at all times. No Company property may be used to house personal files or items. No Company equipment, including computers, photocopiers or printers may be used for personal use, without obtaining permission from Management. All tangible property as well as all recorded business data and records, proprietary and/or confidential information, trade secrets, and all other documents (or copies thereof), equipment, computer software and hardware (including network cards), components, the like, and all other tangible items embodying or recording any business information or intellectual property that are n request, the employee shall promptly deliver (and will not keep in his or her possession, recreate or deliver to anyone else) any company property. Employees must return (and not retain copies) all of company property contained on any of employees personal equipment (i.e. on home or personal computer or other equipment). Nothing in this policy is intended in any way to interfere with, coerce, or restrain any employee from exercising his or her rights under any State or Federal labor law, includingthe National Labor Relations Act. 21.CONFIDENTIALITY All records and files of the Company are theproperty of the Company and considered confidential. No employee is authorized to copy or disclose any file or record. Confidential information includes all letters or any other information concerning deals with customers, customer lists, payroll or personnel records of past or present employees, financial records of the Company, all records pertaining to purchases from vendors or suppliers, correspondence and agreements with manufacturers or distributors, and documents concerning operating procedures of the Company. All company employees are responsible for safeguarding sensitive Company information. Unless otherwise identified by management, employeesmust assume that all such information is confidential. Employees who have access to confidential information are required to sign a confidentiality agreement as a condition of employment. Any employee who discloses trade secrets or confidential business information will be subject to disciplinary action up to and including termination. The Company reserves the right to avail itself of all remedies under the law. Nothing in this policy is intended in any way to interfere with, coerce, or restrain any employee from exercising his or her rights under any State or Federal labor law, including the National Labor Relations Act. 22.ETHICAL BEHAVIOR The reputation of our Company is a direct reflection of the business conduct of allemployees. To protect and enhance our reputation, all employees are required to follow the highest standard of conduct in allbusiness contacts and relationships. The follow 22.1.Gifts, favors, and payments may be given to others at Company expense, only if they are consistent with accepted business practices, they are of sufficiently limited value and in a form that will not be construed as a bribe or payoff, they are not in violation of applicable law and generally accepted ethical standards; and public disclosure of the facts will notin any way 22.2.Payments, commissions or other compensation to or for the benefit of associates of customers (or their family members or associates) not required by written contract are contrary to Company policy. 22.3.Employees shall not seek or accept for themselves or others any gifts, favors, entertainment, payments without a legitimate business purpose nor shall they seek oraccept personal loans (other than conventional loans at market rates from lending institutions) from any persons or business organizations that do or seek to do business with or is a competitor of the Company. 22.4.Employees may accept for themselves and members of their families common courtesies usually associated with customary business practices. These include but are not limited to: (a)Lunch and/or dinner with vendors sometimes including spouses as long as the invitation is extended by the vendor. (b)Gifts of minimumvalue from vendors such as calendars, pens, pads, knives, etc. (c)Tickets to events (such as sports, arts, etc.) are acceptable if offered by the vendor. These are not to be solicited by the company employee and must be approved by the manageror the Human Resources Representative. (d)Overnight outings are acceptable under the condition that individuals from either companyor the vendor are in attendance. The employee must have prior approval from the manageror the Human Resources Representative. (e)The receipt of alcoholic beverages is discouraged. (f)Gifts of perishable items usually given during the holidays such as hams, cookies, nuts, are acceptable. 22.5.A strict standard is expected with respect to gifts, services, discounts, entertainment or other considerations of any kind from suppliers 22.6.Day outings such as golf, fishing, and hunting are acceptable with prior approval from the manageror the Human Resources Representative. The vendor must be in attendance and participation by the employee's family members is not acceptable. 22.7.Use of vendor's facilities (vacation homes, etc.) by employees or families for personal use is prohibited. In the event the vendor is present for the duration of the visit such a situation is acceptable as long as it is only once per year and for limited duration, i.e. a long weekend. The employee must have prior approval from the manageror the Human Resources Representative. 22.8.It is never permissible to accept a gift in cash or cash equivalent such as stocks or other forms of marketable securities of any amount. 22.9.Management associates should not accept gifts from those under their supervision of more than limited value. 22.10.Employees should avoid any situation which involves or may involve a conflict between their personal interest and the interest of the Company. As in all other facets of their duties, employees dealing with customers, suppliers, contractors, competitors or any person doing or seeking to do business with the company are to act in the best interest of the company.Each employee shall make prompt and full disclosure in writing to their managerof any potential situation which may involve a conflict of interest. Such conflicts include: (a)Ownership by employee or by a member of their family of a significant interest in any outside enterprise which does or seeks to do business with or is a competitor of the company. (b)Serving as a director, officer, partner, consultant, or in a managerialor technical capacity with an outside enterprise which does or is seeking to do business with or is a competitor of the company. Exceptions to this can be approved by the Human Resources Representative. (c)Acting as a broker, finder, go-between or otherwise for the benefit of a third party in transactions involving or potentially involving the Company or its interests. (d)Any other arrangements or circumstances, including family or other personal relationships, which might dissuade the associate fromacting in the best interest of the company. Any violation of this policy will subject to disciplinary action up to including immediate termination. Any Company employee having knowledge of any violation of the policy shall promptly report such violation to the appropriate level of management. Each Managerand company officer is responsible for compliance in their area of responsibility. When questions arise concerning any aspect of this policy, contact the Human Resourcesdepartment. 23.BULLETIN BOARDS The Company maintains a bulletin board as an important source of information. This bulletin board is to be used solely to post information approved by the Company regarding Company policies, governmental regulations, and other matters of concern to all employees and related the bulletin boards daily so that you will be familiar with the information posted there. No information may be placed on these bulletin boardswithout the priorapproval of the Human Resources Representative. VisualScape Inc.is committed to operate with safety. We work nonstop to put in place and enforce strict observation of measures designed to protect our employees against accidents in the work place. Please refer to your Safety Program handbook provided to you for all rules and regulations on safety. 1.ACCIDENTS AND INJURIES In the event of an injury on the job, it is imperative that you contact your manager and human resourcesdepartmentimmediately. Your manager or human resourcesdepartmentwill make necessary arrangements for medical attention as well as complete the necessary paperwork regarding the details of the accident/injury. If the injury is life threatening, you should be transported immediately to the closest emergency medical facility. All illnesses or injuries, regardless of the nature or severity, sustained on the job, must be reported within 24 hours of the incident to the employee's manager and human resources department. Proper paperwork must be completed. Failure to report an injury may result in the denial of, or a delay in receiving, benefits. Neither the Company nor its insurance carrier will be liable for the payment of workers' compensation benefits for injuries that occur during an employee's voluntary participation in any off- duty recreational, social, or athletic activity sponsored by the Company. This Employee Handbook highlights your opportunities and responsibilities at the Company. As previously noted above, the list of policies is not all inclusive and there may be other circumstances for which employees may be disciplined, up to and including immediate termination. If you have any questions about these basics, or what we expect of you as one of our employees, please discuss them with your manageror the Human Resources Representative. By always keeping the contents of the Employee Handbook in mind, you should be successful and happy in your work at the Company. Once again, welcome to our Company, and we look forward to working with you. VisualScape Inc: 17801 NW 137 AvenueTel: (305)362-2404 Miami, FL 33018 Fax: (305)362-2403 Jaime Alfayate Regional Facility Manager Office 954-355-5781 Cell 754-332-4564 jalfayate@browardhealth.org Arturo Castro 954-793-7615 Artcastro1958@hotmail.com /³§¤±#«¨¤³²)¢«´£¤Ȁ 2019 Florida Department of Transportation Date: August 15, 2019 Contact Name: Arturo Castro Name of Business: Florida Department of Transportation th Business Address: 5548 NW 9 Ave. Fort Lauderdale FL, 33309 To Whom it may concern: Re: Reference letter for VisualScape, Inc. This reference letter to recommend VisualScape, Inc. for all your landscaping services. The FDOT has contracted VisualScape services since 2016; completing various landscape projects for us. the best approach for your Landscaping needs. The staff is always willing and able to perform, be it an emergency, a beautification project, or additional services, they have come through with excellence. Customer services and dependability is present on the project site and administration. The employees from the field crews to management are always pleasant, very professional and highly skilled. The landscaping work is always done with utmost attention to detail and they always maintained a clean and safe working environment as required in our projects. Very Respectfully, Arturo Castro . City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Genesis Cuevas, Purchasing Manager DATE: September 19, 2024 RE: Award ITB No. 24-06-02 and Approval of an Agreement with Visualscape Landscape Services, Inc., (Primary Contractor) for Citywide Landscape Maintenance Services RECOMMENDATION: Staff recommends the approval of this Resolution. REASONS: Upon contract award, the term of this Agreement shall have an effective commencement date of November 1, 2024, and shall terminate on October 31, 2026, for a Not -to -exceed amount of $5,200,000.00. This amount includes recurring monthly services and as -needed supplemental scope of service. On June 24, 2024, the city issued ITB # 24-06-02 titled Citywide Landscape Services. The solicitation was uploaded on DemandStar.com, and distributed to over 700 contractors, in which 22 became Planholders. Planholders are for bidders subscribed to the solicitation to receive all the notifications. On August 2, 2024, the City received three (3) electronic bid submissions, Brightview Landscape Services, Visualscape, Inc. and Superior Landscaping& Lawn Services. Upon review of each bid, the recommendation is to award and enter into agreement with Visualscape, Item Number: 101 207 as the primary contractor as the lowest responsive and responsible bidder, effective November 1st, for an initial two (2) year term. The scope of the ITB is as follows: The City of Sunny Isles Beach (the "City") intends to secure the services of qualified, experienced and licensed contractor(s) (the "Contractor") to provide citywide (Parks & Right-of-ways) Landscape Maintenance Services, in accordance with the terms, conditions and specifications contained in this Invitation to Bid (ITB). The Contractor shall provide all labor, materials, equipment, tools, qualified and certified supervision, and other items and services both necessary and incidental to ensure that the Landscape Maintenance Services are performed in a manner that will maintain a healthy landscape and present a neat, clean, and professional appearance of all parks and recreational facilities areas, rights-of-way, bus shelter locations, parking lots, and government facilities. The Work shall include, but not be limited to, weeding, mowing, turf maintenance, edging, pruning, hedge trimming, raking, sweeping and vacuuming sidewalks, herbicide applications including preventive and corrective applications, fertilization and pest management services using Integrated Pest Management principles, irrigation system maintenance, monitoring and repair, maintaining and replacing, if necessary, any plants lost due to negligence of the Contractor, seasonal color replacement, removing graffiti on a daily basis, daily removal of all litter including dead animals, shopping cart removal and litter pick up seven days per week, or as defined by the City. This Bid contained Minimum Qualification Requirements (MQRs) which the Bidder must meet in order for the Bidder to be considered responsive. The "MQRs" were as follows: A. Prime and/or Sub -Contractor must be an FDOT Pre -qualified vendor under "Landscaping" work class in orderto be considered forthis project. B. The Prime contractor and/or staff must be licensed with a minimum of the following FDOT TTC certification: one (1) Advanced Certification, 1 Intermediate Certification, and 2 Flagger Certification. C. The Prime contractor and/or staff must be licensed as an ISA Arborist. Provide name of Certified Arborist and license number. D. The Prime bidder and/or staff and/or Sub -Contractor must be a licensed Professional Mangrove Trimmer (PMT) with the State of Florida. E. The Prime bidder must submit a Miami -Dade County Landscaper Permit. Bidder must provide a copy of the applicable license(s) with Firm's response. F. The Prime bidder and/or Sub -Contractor must be a member, in good standing of the following organizations: Florida Nursery, Growers and Landscape Association (FNGLA) membership, Florida Certified Landscape Contractor (FCLC) certification, Tree Care Industry Association (TCIA) and/or International Society of Arboriculture (ISA) membership, Irrigation Association (IA) Item Number: 101 208 Certified irrigation technician (CIT). G. The Proposing bidder must have been awarded a Prime Contract and successfully performed three (3) projects of similar or greater size, scope, and complexity to the specifications of the ITB within the last five (5) years. H. G. The Proposing Bidder shall provide reference letters for no less than three (3) contracts in which Contractor served as Prime Contractor for projects similar in size and scope. Please note that the references must be for the same projects in response to MQR "F" above. Purchasing contacted the bidders that attend the pre-bid meeting, yet did not submit a bid, to request more information relating their "no -bid". The main feedback we received was due to them not meeting the above Minimum Qualification Requirement, although the bid did allow for "sub -contractors" to qualifyto meetthese MQRs. ADDITIONAL INFORMATION: Why Action is Necessary: Pursuant to Chapter 62, Section 62-13 Exception to Bid Requirements, (C) Bids and Contracts from Other entities, and Section 62-7, the City Manager is authorized to procure all supplies, materials, equipment, and services from other governmental units, when the best interests of the City would be served subject to the requirement that any purchase in excess of $50,000 requires City Commission approval. Copies of the complete contract are on file with the Office of the City Clerk and are available upon request. FUNDING SOURCE: Funds are budgeted in the general fund and street construction & maintenance fund of the proposed budget. ATTACHMENTS: Resolution Agreement Item Number: 1.01 209