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HomeMy WebLinkAbout2023 12 11 Regular 505 - Landscaping Maintenance RFP #09-23-04 LH.REGULAR AGENDA ITEM 505 CITY COMMISSION AGENDA | DECEMBER 11, 2023 REGULAR MEETING TITLE Landscaping Maintenance RFP #09-23-04 LH. SUMMARY An RFP was issued to obtain quotes on Landscaping throughout the City. Three companies submitted responses to the RFP. The three responses were reviewed by the Evaluators and the results of this review are listed on the Tabulation form attached. Nature's Care received the highest score and staff recommends initiating contract negotiations with Nature's Care. Nature's Care Base Maintenance cost from Appendix A, Cost Proposal Worksheet is $227,764. Costs for additional services that come along are also listed on the Cost Proposal Worksheet from Appendix A. The other two respondents were Baker Commercial Landscaping and Cepra Landscape. FUNDING SOURCE The below approved budgeted funding sources will be used for this RFP. 001-15-1520-545270 Tuskawilla Rd. 160-15-0000-545270 TLBD 161-15-0000-545270 Oak Forest 001-15-1520-545270-007 Blumberg/Mkt Square RECOMMENDATION Staff Recommends the City Commission approve Natures Care with whom to negotiate a contract for the services outlined in the RFP #09-23-04 LH. In addition, authorize the Interim City Manager and City Attorney to prepare and execute any and all applicable contract documents consistent with this agenda item. 737 RFP # 09-23-04 LH Landscape Maintenance Services City of Winter Springs, Florida 1126 East State Road 434 Winter Springs, Florida 32708 REQUEST FOR PROPOSALS PROPOSAL : RFP # 09-23-04 LH DATE: September 22, 2023 Sealed Proposals for the provision of Landscape Maintenance Services will be received by the City of Winter Springs (CITY) Procurement Department, located at Winter Springs City Hall, 1126 East State Road 434, Winter Springs, Florida 32708, until: October 27, 2023 2:00 p.m., local time FOR Landscape Maintenance Services Said Proposals shall conform to the minimum requirements outlined in the Request For Proposal. The CITY reserves the right to reject any and all offers and to waive minor informalities. The CITY issues this Request for Proposals in order to select a Proposal for further contract negotiation. Selection by the CITY Commission may not result in the formation of a contract. Submission and Receipt of RFP’s: PROPOSERS shall submit their Proposal response to this RFP by: Providing one (1) original, marked as such, three (3) copies, marked as such and one (1) electronic copy of your RFP response to this office by the date and time indicated above. The outside of your package must be clearly labeled with the RFP number, title, opening date and time, and the name and address of the PROPOSER. The CITY is not responsible for submittals via postal or mail courier services, receipt by the post office or mail courier prior to the deadline does not meet the CITY’s deadline requirements. Offers received after October 27, 2023 at 2:00 p.m., will be rejected. Deadline for questions is October 11, 2023 1:00pm local time Any Addenda, if required, will be issued by 1:00pm on October 13, 2023 on the Demand Star platform if questions are received and require clarification. If you have any questions regarding this Request for Proposal, please contact Stuart MacLean, Procurement Manager, at (407) 327-7581, or via email at smaclean@winterspringsfl.org PROPOSAL DOCUMENTS CAN BE DOWNLOADED FREE OF CHARGE FROM: www.demandstar.com or https://www.winterspringsfl.org/rfps 738 RFP # 09-23-04 LH Landscape Maintenance Services Request for Proposal Table of Contents PART I SCOPE OF SERVICE/EVALUATION CRITERIA ............................................................................................................. 1 Background ............................................................................................................................................................................... 1 Scope and Term of Service ........................................................................................................................................................ 1 Evaluation Criteria ..................................................................................................................................................................... 1 Timeline of Events ..................................................................................................................................................................... 2 PART II INSTRUCTIONS TO PROPOSERS AND GENERAL PROVISIONS ................................................................................... 3 Definitions ................................................................................................................................................................................. 3 Preparation of Request for Proposal ........................................................................................................................................ 3 Submission and Receipt of Proposals ....................................................................................................................................... 4 Selection of Proposal ................................................................................................................................................................ 4 Acceptance of Offer .................................................................................................................................................................. 5 Notice of Award, Performance Bond and Labor and Materials Payment Bond ....................................................................... 5 Discrepancies, Errors, and Omissions ....................................................................................................................................... 5 Right to Reject Proposals .......................................................................................................................................................... 5 Compensation ........................................................................................................................................................................... 5 Fiscal Non-Funding Clause ........................................................................................................................................................ 5 Rights of the CITY ...................................................................................................................................................................... 5 Conflict of Interest .................................................................................................................................................................... 6 Public Entity Crimes .................................................................................................................................................................. 6 Options ...................................................................................................................................................................................... 6 Subcontracting .......................................................................................................................................................................... 7 Failure to Submit Proposal ........................................................................................................................................................ 7 Default of Contract ................................................................................................................................................................... 7 Modification for Changes .......................................................................................................................................................... 7 Order of Precedence ................................................................................................................................................................. 7 Examination of Records ............................................................................................................................................................ 7 Proposals Received ................................................................................................................................................................... 7 Lobbying/Cone of Silence ......................................................................................................................................................... 7 Insurance and Hold Harmless Indemnitication ......................................................................................................................... 8 Qualifications of Proposer ........................................................................................................................................................ 9 Disqualification of Proposer ...................................................................................................................................................... 9 Licenses and Permits ................................................................................................................................................................. 9 Provisions for Other Agencies ................................................................................................................................................... 9 Applicable Law and Venue ........................................................................................................................................................ 9 Proposal Disclosure; Public Records Responsibilities ............................................................................................................... 9 E-Verify .................................................................................................................................................................................... 10 Additional Information ............................................................................................................................................................ 10 739 RFP # 09-23-04 LH Landscape Maintenance Services Modification and Withdraw .................................................................................................................................................... 10 Prohibition on Gifts to CITY Employees and Officials ............................................................................................................. 11 Discrimination ......................................................................................................................................................................... 11 Federal Requirements ............................................................................................................................................................. 11 PART III SPECIFIC PROPOSAL REQUIREMENTS ................................................................................................................. 12 Format ..................................................................................................................................................................................... 12 Section A – PROPOSER Information and Acknowledgement Form ........................................................................................ 12 Section B – Table of Contents ................................................................................................................................................. 12 Section C – Introduction Letter ............................................................................................................................................... 12 Section D – Qualifications ....................................................................................................................................................... 12 Section E - Other Information ................................................................................................................................................. 12 Section F – Cost and Time ....................................................................................................................................................... 13 Section G – Mandatory Proposal Forms ................................................................................................................................. 13 Section H – Florida State Corporate Filing .............................................................................................................................. 13 MANDATORY PROPOSAL FORMS •PROPOSER Information and Acknowledgement •Reference Information •Insurance Requirements •Scrutinized Company Certification •Non-Collusions Affidavit •Drug Free Workplace Certification •Public Entity Crimes Statement •E-Verify Statement •Conflict of Interest Statement •SMWBE Utilization Plan Appendix A Cost Proposal Worksheet o Appendix B Scope of Work (This is not a Mandatory Form to be Returned) o Appendix C Bid Bond Agreement 740 1 RFP # 09-23-04 LH Landscape Maintenance Services PART I SCOPE OF SERVICE/EVALUATION CRITERIA FOR RFP #-09-23-04 LH Landscape Maintenance Services Background The City of Winter Springs is located in Seminole County Florida, which is part of the Orlando-Kissimmee-Sanford Metropolitan Area. As of 2021 the City of Winter Springs has a population of 38,317, covering 14.99 square miles. Scope and Term of Service The City of Winter Springs is requesting Proposals from qualified Landscape Maintance companies (PROPOSER or PROPOSERS) for the purposes of providing their services in addressing maintenance requirements in certain areas of the CITY. The detailed requirements are included in this document as Appendix B Scope of Services. The initial term of services shall be for three (3) years, with two (2) one (1) year options to extend upon the mutual agreement of the parties. Evaluation Criteria Proposals will be evaluated by the CITY, and the PROPOSER will be selected based upon, but not limited to, the following criteria: a. The background, and experience of the PROPOSER in providing similar services elsewhere, including the level of experience in working with municipalities and the quality of services performed or items supplied. b. Reasonableness/competitiveness of proposed costs and/or benefits to the City of Winter Springs. The CITY is not bound to select the PROPOSER who proposes the lowest cost or most benefits for service. The City of Winter Springs reserves the right to negotiate fees and/or benefits with the selected PROPOSER. c. Determination that the selected PROPOSER has no contractual relationship which would result in a conflict of interest with the CITY. d. The PROPOSER‘s ability, capacity, and skill to fully and satisfactorily, provide these services and/or items required in this RFP. e. The quality of the PROPOSER’s performance in comparable and/or similar projects. f. Whether the PROPOSER can provide the service and/or items in a prompt and timely fashion. 741 2 RFP # 09-23-04 LH Landscape Maintenance Services Proposals will be evaluated by the CITY, and selection will be based on, but not limited to, the following scoring criteria: Criteria: Max Points: Experience: The Proposer’s comprehension of the needs of the CITY as demonstrated by the description of its services, capabilities, capacity and approach to the requirements listed within this document. Capability and Capacity to meet CITY requirements 20 Proposers Background/Experience in Providing Similar Services to Other Municipalities 20 Experience Total: 40 References: Evaluation of the Proposer’s work from previous organizations receiving similar services to those proposed within this RFP. See the Mandatory Proposal Form, Reference Information Form. Reference 1 15 Reference 2 15 References Total 30 Cost: The cost of the Proposal is important to the CITY, however, based on the evaluation of the other criteria, the CITY will not necessarily select the lowest proposer. Cost Total 30 EXTRA BONUS POINTS: Certified Minority Business Enterprise: (3 Extra Bonus Points if Yes) The firm is a certified minority business enterprise as defined by the Florida Small and Minority Business Assistance Act. 3 Total Possible Points 103 Pursuant to Florida Statutes § 287.05701, the CITY shall not request documentation regarding, consider, or give preference based upon, a vendor’s social, political, or ideological interests when determining the vendor’s qualifications. Timeline of Events Release of RFP September 22, 2023 Deadline to receive questions (electronically) - 1:00pm local time October 11, 2023 Addendum Released by 1:00pm local time October 13, 2023 RFP Submittals Due by 2:00 pm local time October 27, 2023 RFP Opening 2:15pm local time October 27, 2023 Evaluation Committee Meeting/Selection Meeting: 3:00 pm local time (Tentative) November 10, 2023 Possible Selection Committee Meeting to clarify Proposal(s) or oral presentations TBD CITY Commission Approval of Selection and Consideration of Contract TBD 742 3 RFP # 09-23-04 LH Landscape Maintenance Services PART II INSTRUCTIONS TO PROPOSERS AND GENERAL PROVISIONS FOR RFP #09-23-04 LH Landscape Maintenance Services Definitions (as used herein) a. The term "Request for Proposal" means a solicitation of proposals. The acronym "RFP" means Request for Proposal. b. The term "Proposal" means the offer of qualitative evaluations by the PROPOSER. c. The term "professional services" means those services of architects, auditors, dentists, engineers, landscape architects, lawyers, physicians, psychologists, surveyors, and any other professional service as determined by the CITY. d. The term " PROPOSER " means the person, company, or entity making an offer. e. The term "Change Order" means a written order signed by the Finance Department or authorized representative directing the PROPOSER to make changes to a contract or purchase order resulting from the RFP. f. The term "CITY" means the City of Winter Springs, Florida. g. The term "CITY Commission" means the governing body of the City of Winter Springs. The CITY Commission is the only body that can award Proposals. h. The term “Evaluation Committee” means a team of CITY staff that will review and rank all Proposals and may provide a recommendation regarding selection of a PROPOSER to the CITY Commission. Preparation of Request for Proposal a. PROPOSERS are expected to examine the minimum requirements and all special and general conditions. Omission on the part of the PROPOSER to make the necessary examinations and investigations, or failure to fulfill every detail the requirements of the contract document, will not be accepted as a basis for varying the requirements of the CITY or the compensation to the PROPOSER. Failure to properly and fully complete the Proposal is at the PROPOSER's risk. The PROPOSER shall sign the Request for Proposal and print or type his/her name, address, and telephone number on the face page. b. The apparent silence of any supplemental minimum requirements as to any details, or the omission from it of a detailed description concerning any point will be regarded as meaning that only the best commercial practices are to prevail. All workmanship is to be first quality. All interpretations of the minimum requirements shall be made upon the basis of this statement. c. PROPOSERS should submit their response to this RFP by: Providing one (1) original, marked as such, three (3) copies, marked as such and one (1) electronic copy of PROPOSER’s Proposal to this office by the date and time indicated in Part I Timeline of Events. The outside of PROPOSER’s package must be clearly labeled with the RFP number, title, opening date and time and the name and address of the PROPOSER. The CITY is not responsible for submittals via postal or mail courier services, receipt by the post office or mail courier prior to the deadline does not meet the CITY’s deadline requirements. d. The PROPOSER should retain a copy of all documents for future reference. 743 4 RFP # 09-23-04 LH Landscape Maintenance Services e. All Proposals must be signed with the PROPOSER’s name and by an officer or employee having authority to bind the PROPOSER by his/her signature as indicated by the Florida Department of State, Division of Corporations (www.sunbiz.org). Proof of corporate signer must be included with the submittal with the Proposal. You may use the Sunbiz website screen shot or include a copy of your Corporate Resolution to prove the authority of the corporate signer. f. Failure to follow the instructions in the Request for Proposal is cause for rejection of your offer. Submission and Receipt of Proposals a. Proposals must be received before the specified time as designated in the RFP Timeline of Events. A list of PROPOSERS who submitted Proposals will be furnished, upon request, following opening of the Proposals. b. Proposals shall be submitted in a sealed envelope. The envelope shall show the opening date and time, the RFP number, and the name and address of the PROPOSER. c. The City of Winter Springs is not responsible for the U.S. Mail or private couriers, in regard to mail being delivered by the specified time so that a Proposal can be considered. d. Email and Facsimile (FAX) Proposals will not be considered, however, Proposals may be modified by email and FAX notice, provided such notices are received prior to the hour and date specified. e. Late Proposals will be rejected. f. Proposals having any erasures or corrections must be initialed by the offer or in ink. Proposals shall be signed in ink. All amounts shall be typewritten or completed in ink. g. All Mandatory Proposal Forms must be completed and attached to the Proposal. h. All costs of Proposal preparation, inspection of the RFP documents, and presentation of the Proposal shall be solely borne by the PROPOSER. The CITY shall not be liable for any cost incurred by the PROPOSER during the preparation and submission of its Proposal in response to this RFP. Selection of Proposal SELECTION OF THE PROPOSER AND PROPOSAL DEEMED THE MOST QUALIFIED, MOST ADVANTAGEOUS, AND IN THE BEST INTERESTS OF THE CITY, AS DETERMINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS’S SOLE AND ABSOLUTE DISCRETION, SHALL NOT RESULT IN THE FORMATION OF A CONTRACT. NO CONTRACT SHALL BE FORMED UNTIL FINAL APPROVAL OF SUCH CONTRACT BY THE CITY COMMISSION AFTER SUCCESSFUL NEGOTIATION OF SPECIFIC CONTRACT TERMS DETERMINED TO BE IN THE BEST INTERESTS OF THE CITY BY THE CITY COMMISSION. Negotiations may be terminated at any time by the CITY Manager or CITY Commission if, in his/her/its sole discretion, the CITY Manager OR CITY Commission determines that the negotiation of terms acceptable to the CITY will not be successful. Only the CITY Commission can select Proposals, authorize the CITY Manager to engage in negotiations, and ultimately enter into a contract. The RFP Evaluation Committee scores Proposals and provides a recommendation to the CITY Commission for selection. The recommendation may or may not be adopted by the CITY Commission. After the initial Evaluation Committee meeting, the Evaluation Committee may require one or more of the top-ranking PROPOSERS to attend a meeting to make an oral presentation, answer questions. This meeting will be exempt from the requirements of the Sunshine Law in accordance with section 286.0113, Florida Statutes. PROPOSER(s) will be notified of any further meeting requirements. 744 5 RFP # 09-23-04 LH Landscape Maintenance Services Acceptance of Offer The signed Proposal shall be considered an offer on the part of the PROPOSER; however, such offer shall be deemed accepted only upon issuance by the CITY of a Purchase Order, Blanket Purchase Order, or execution of another contractual document deemed acceptable to the CITY. The contract will be awarded to the most responsible and responsive, qualified PROPOSER(s) whose Proposal is deemed the most advantageous and in the best interests of the CITY in accordance with the criteria set forth in this RFP. The CITY reserves the right to accept or reject any and all Proposals or parts of Proposals, waive minor informalities, and to request clarification of information from any PROPOSER. Notice of Award, Performance Bond and Labor and Materials Payment Bond Within ten (10) calendar days from the date stipulated in the Notice of Award notifying PROPOSER that its Proposal has been accepted, the successful PROPOSER shall execute the Agreement. Simultaneously with the execution of the Agreement, PROPOSER shall furnish a Performance Bond and a Labor and Materials Bond each in the amount of 110 percent of the contract price. The bonds shall be secured from a surety company acceptable to the CITY. The forms of the Bonds the successful PROPOSER will be required to execute are included in the RFP Documents. Failure to execute the Agreement and/or to furnish said bonds within ten (10) calendar days from the date of the Notice of Award entitles the CITY to consider all rights arising out of the CITY's acceptance of the Proposal as abandoned and the Bid Bond shall be forfeited. The CITY shall be entitled to such other rights as may be granted by law. Discrepancies, Errors, and Omissions Any discrepancies, errors, or ambiguities in the Request for Proposals or addenda (if any) should be reported in writing to the CITY's Procurement Manager. Should it be found necessary, a written Addenda will be incorporated in the Request for Proposals and will become part of the Service Agreement (contract documents). The CITY will not be responsible for any oral instructions, clarifications, or other communications. Right to Reject Proposals The CITY reserves the right to reject any or all Proposals, and to disregard typographical, mathematical, or obvious errors. The CITY will not pay costs incurred by any PROPOSER in the preparation of Proposals. Compensation Compensation, which is determined to be fair, competitive, and reasonable, will be considered during the negotiations of a final contract with the selected PROPOSER. Fiscal Non-Funding Clause In the event sufficient budgeted funds are not available for a new fiscal period, the CITY shall notify the PROPOSER of such occurrence and any contracts entered into between the CITY and PROPOSER shall terminate on the last day of the current fiscal period without penalty or expense to the CITY. Rights of the CITY This RFP constitutes an invitation for submission of Proposals to the CITY. This RFP does not obligate the CITY to procure or contract for any of the scopes of services set forth in this RFP. The CITY reserves and holds at its sole discretion, various rights and options under Florida law, including without limitation, the following: 745 6 RFP # 09-23-04 LH Landscape Maintenance Services • To prepare and issue Addendums to the RFP that may expand, restrict, or cancel any portion or all work described in the RFP without obligation to commence a new procurement process or issue a modified or amended RFP. • To receive questions from potential PROPOSERS and to provide such answers in writing as it deems appropriate. • To waive any informalities, technicalities or irregularities in the PROPOSALS submitted. • To reject any and all PROPOSAL submissions. • To change the date for receipt of PROPOSAL or any deadlines and dates specified in the RFP. • To change the procurement and/or selection process prior to receipt of Proposals. • To conduct investigations with respect to the information provided by each PROPOSER and to request additional information (either in writing or in presentations and interviews) to support such PROPOSER’s responses and submittals. • To visit facilities referenced in the PROPOSER’s submittal at any time or times during the procurement process. • To seek clarification of Proposals from the PROPOSER either in writing or in presentations and interviews • To cancel the RFP: with or without the substitution of another RFP. Conflict of Interest PROPOSER acknowledges and certifies that this Agreement does not violate any ethics provision found in Chapter 112, Florida Statutes, or Chapter 2 of the Code of Ordinances of the City of Winter Springs. The PROPOSER certifies that, to the best of their knowledge or belief, no elected/appointed official or employee of the City of Winter Springs, a spouse thereof or other person residing in the same household, is financially interested, directly or indirectly, in providing the goods or services specified in this Proposal. Financial interest includes ownership of more than five percent (5%) of the total assets or capital stock or being an officer, director, manager, partner, proprietor, or agent of the business submitting the Proposal or of any subcontractor or supplier thereof providing goods or services in excess of ten percent (10%) of the total Proposal amount. Additionally, the PROPOSER, on company letterhead, must divulge at the time of Proposal submittal, any relative, other than those already specified, of an elected /appointed official or employee of the City of Winter Springs who has a financial interest, as defined herein, in providing the goods or services specified in the Proposal. The CITY, at its sole discretion, will determine whether a conflict exists and whether to accept or reject the Proposal. Public Entity Crimes A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a Proposal on a contract to provide any goods or services to a public entity, may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Options When the CITY requests Proposals with options regarding the extent of services to be provided, the CITY requests all PROPOSERS to provide a cost breakdown for each option proposed. Although all options may be purchased, some options may not ultimately be purchased. The CITY reserves the right to decide, at its discretion, which options shall be purchased. The CITY reserves the right to engage more than one (1) PROPOSER if it is believed that different PROPOSERS might best serve the CITY's interests in performing different segments of the work (e.g., one PROPOSER to provide building estimates, and another to provide infrastructure estimates). 746 7 RFP # 09-23-04 LH Landscape Maintenance Services Subcontracting Where PROPOSERS do not have the "in-house" capability to perform work desired in the Request for Proposal, subcontracting may be permitted only with prior knowledge and approval of the CITY. The CITY must be assured of and agree that any proposed subcontractor(s) can perform work of the desired quality and in a timely manner. The name(s) of any intended subcontractor(s) should be given in the Proposal. Failure to Submit Proposal If PROPOSER does not wish to submit a Proposal, return the RFP and state the reason therefor; otherwise, PROPOSER’s name may be removed from CITY’s mailing list. Default of Contract In case of default by the PROPOSER, the CITY may procure the requested services from other sources and hold the PROPOSER responsible for any excess costs occasioned or incurred thereby. Modification for Changes No agreement or understanding to modify this RFP and resultant purchase order or contract shall be binding upon the CITY unless made in writing by the City of Winter Springs. Order of Precedence In the event of an inconsistency between provisions of the RFP, the inconsistency shall be resolved by giving precedence in the following order: (a) Instructions to PROPOSERS and General Provisions; and (b) the minimum requirements. Examination of Records The PROPOSER shall keep adequate records and supporting documentation applicable to the subject matter of this RFP to include, but not be limited to: records of costs, time worked, working paper and/or accumulations of data, and criteria or standards by which findings or data are measured. Said records and documentation shall be retained by the PROPOSER for a minimum of one (1) year from the date the contract is completed and accepted by the CITY. If any litigation is initiated before the expiration of the one-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved, unless otherwise instructed by the CITY. Should any questions arise concerning this contract, the CITY and its authorized agents shall have the right to review, inspect, and copy all such records and documentation during the record retention period stated above; provided, however, such activity shall be conducted only during normal business hours and shall be at CITY expense. PROPOSERS shall be authorized to retain microfilm copies in lieu of original records if they so desire. Any subcontractor(s) employed by a PROPOSER who is subject to these requirements and the PROPOSER itself are required to so notify any such subcontractor(s). Proposals Received All Proposals received in response to this RFP become the property of the CITY. Lobbying/Cone of Silence Lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership, syndicate, corporation, and/or all other groups who seek to influence the governmental decision of a CITY Commission Member, the CITY Manager, any requesting or evaluating Department/Division/Office personnel and/or any member of the Evaluation Committee concerning an active solicitation during the black-out period. A lobbying black-out period commences upon the 747 8 RFP # 09-23-04 LH Landscape Maintenance Services issuance of this solicitation document. If an award item is presented to CITY Commission for approval or for a request to provide authorization to negotiate a Contract(s) and the CITY Commission refers the item back to the CITY Manager, Procurement Division and/or requesting Department/Division/Office for further review or otherwise does not act on the item, the Cone of Silence/Lobbying Black- out Period will be reinstated until such time as the CITY Commission meets to consider the item for action. Bidders, PROPOSERS, Respondents, potential vendors, service providers, lobbyists, consultants, or vendor representatives shall not contact any CITY Commission member, the CITY Manager, any requesting or evaluating Division, Department, Office personnel, and/or any member of the Evaluation Committee concerning an active Request For Proposal during the Lobbying/Cone of Silence Black-out Period. Insurance and Hold Harmless Indemnification To the fullest extent permitted by laws and regulations, Bidder shall indemnify and hold harmless CITY and its consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expenses (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of Bidder, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. In any and all claims against CITY or any of their consultants, agents or employees by any employee of PROPOSER, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Bidder or any such Subcontractor or other person or organization under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. Bidder's Liability Insurance - The Bidder shall not commence any work under this Contract until he has obtained all insurance required under the Agreement. Bidder shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth which may arise out of or result from Bidder's performance and furnishing of the Work and Bidder's other obligations under the Contract Documents, whether it is to be performed or furnished by Bidder, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable. The insurance required shall include the specific coverage's and be written for not less than the limits of liability and coverage's provided or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. The comprehensive general liability insurance shall also include Contractual Liability Insurance applicable to Bidder's obligations under the Hold Harmless Indemnification. All of the policies of insurance so required to be purchased and maintained (or the certificates or their evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days’ prior written notice has been given to CITY by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when Bidder may be correcting, removing or replacing defective work in accordance with the Contract Documents. Bidder's General Liability Insurance shall include the CITY, and CITY's consultants as insured or additional insured which may be accomplished by either an endorsement of Bidder's Comprehensive General Liability policy or by Bidder 's carrier issuing a separate protection liability policy. Qualifications of PROPOSER A PROPOSER may be required, before the award of any contract, to show to the complete satisfaction of the CITY that they have the necessary facilities, equipment, ability and financial resources to perform the work in a satisfactory manner within the time specified. 748 9 RFP # 09-23-04 LH Landscape Maintenance Services Disqualification of PROPOSER Any or all Proposals will be rejected if there is any reason for believing that collusion exists among the PROPOSERS, and participants in such collusion will not be considered in future Proposals for the same work. Licenses and Permits The PROPOSER shall secure all licenses and permits and shall comply with all applicable laws, regulations and codes as required by the United States, the State of Florida, or by the City of Winter Springs. The PROPOSER must fully comply with all Federal and State Laws and County and Municipal Ordinances and Regulations in any manner affecting the performance of the work. Provisions for Other Agencies Unless otherwise stipulated by the PROPOSER, the PROPOSER agrees to make available to the Government agencies, departments, and municipalities the prices submitted in accordance with said terms and conditions therein, should any said governmental entity desire to buy under the Proposal. Applicable Law and Venue This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Florida without regard to the conflicts or choice of law principals thereof. Each of the parties hereto: (a) irrevocably submits itself to the exclusive jurisdiction of the State of Florida, and agree that venue shall lie exclusively in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida for any state court action arising out of this Agreement, and exclusively in the United States District Court for the Middle District of Florida, Orlando Division, for any federal court action arising out of this Agreement; (b) waives and agrees not to assert against any party hereto, by way of motion, as a defense or otherwise, in any suit, action or other proceeding, (i) any claim that it is not personally subject to the jurisdiction of the above-named courts for any reason whatsoever, and (ii) any claim that such suit, action, or proceeding by any party hereto is brought in an inconvenient form or that venue of such suit, action, or proceeding is improper or that this Agreement or the subject matter hereof may not be enforced in or by such courts. Proposal Disclosure; Public Records Responsibilities Florida law provides that municipal records shall, at all times, be open for personal inspection by any person. Section 119.01, Florida Statutes et. seq. (the Public Records Law). Unless otherwise provided by the Public Records Law, information and materials received by the CITY in connection with an RFP response and under any awarded contract shall be deemed to be public records subject to public inspection and/or copying at the end of the statutory exemption time period pursuant to Section 119.071, Florida Statutes. However, certain exemptions to the Public Records Law are statutorily provided for under sections 119.07 and 119.071, Florida Statutes, and other applicable laws. If the PROPOSER believes any of the information contained in its response is exempt from the Public Records Law, including trade secrets as defined by Florida law, the PROPOSER must, in its response, specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption; otherwise, the CITY will treat all materials received as public records. Pursuant to section 119.0701, Florida Statutes, for any tasks performed by PROPOSER on behalf of the CITY, PROPOSER shall: (a) keep and maintain all public records, as that term is defined in chapter 119, Florida Statutes (“Public Records”), required by the CITY to perform the work contemplated by this Agreement; (b) upon request from the CITY’s custodian of public records, provide the CITY with a copy of the requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the costs provided in chapter 119, Florida Statutes, or as otherwise provided by law; (c) ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the term of this Agreement and following completion or termination of this Agreement, if PROPOSER does not transfer the records to the CITY in accordance with (d) below; and (d) upon completion or termination of this Agreement, (i) if the CITY, in its sole and 749 10 RFP # 09-23-04 LH Landscape Maintenance Services absolute discretion, requests that all Public Records in possession of PROPOSER be transferred to the CITY, PROPOSER shall transfer, at no cost, to the CITY, all Public Records in possession of PROPOSER within thirty (30) days of such request or (ii) if no such request is made by the CITY, PROPOSER shall keep and maintain the Public Records required by the CITY to perform the work contemplated by this Agreement. If PROPOSER transfers all Public Records to the CITY pursuant to (d)(i) above, PROPOSER shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements within thirty (30) days of transferring the Public Records to the CITY and provide the CITY with written confirmation that such records have been destroyed within thirty (30) days of transferring the Public Records. If PROPOSER keeps and maintains Public Records pursuant to (d)(ii) above, PROPOSER shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to the CITY, upon request from the CITY’s custodian of public records, in a format that is compatible with the information technology of the CITY. If PROPOSER does not comply with a Public Records request, or does not comply with a Public Records request within a reasonable amount of time, the CITY may pursue any and all remedies available in law or equity including, but not limited to, specific performance. The provisions of this section only apply to those tasks in which PROPOSER is acting on behalf of the CITY. IF THE PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROPOSER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Telephone number: (407) 327-6560 ext. 7003 E-mail address: cityclerkdepartment@winterspringsfl.org E-Verify Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, any CITY contractors shall register with and use the U.S. Department of Homeland Security’s E-Verify system, https://e-verify.uscis.gov/emp, to verify the work authorization status of all employees hired on and after January 1, 2021. CITY contractors must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the PROPOSER stating all employees hired on and after January 1, 2021 have had their work authorization status verified through the E-Verify system and a copy of their proof of registration in the E-Verify system. Failure to comply with this provision will be a material breach of the contract, and shall result in the immediate termination of a contract without penalty to the CITY. PROPOSER shall be liable for all costs incurred by the CITY securing a replacement contract, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable. If the PROPOSER utilizes subcontractors the following shall apply: PROPOSER shall also require all subcontractors performing work under the Agreement to use the E-Verify system for any employees they may hire during the term of the Agreement. PROPOSER shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. PROPOSER shall provide a copy of all subcontractor affidavits to the CITY upon request and shall maintain a copy for the duration of the Agreement. Additional Information Additional information may be obtained from the Procurement Manager, (407) 327-7581, or from any other individual listed on the RFP cover letter. Modification and Withdraw Proposals may not be modified after submittal. Proposals may be withdrawn at any time prior to the deadline. Withdrawal requests shall be made in writing and must be received by the CITY’s Procurement Manager before the time and date stated or, as amended, for the Proposal Opening. Properly withdrawn Proposals will be returned unopened to the PROPOSER submitting the Proposal. 750 11 RFP # 09-23-04 LH Landscape Maintenance Services A PROPOSER who timely withdraws his Proposal may submit a new Proposal in the same manner as specified herein under “Submission of Proposal.” A Proposal submitted in place of a withdrawn Proposal shall be clearly marked as such on the outside of the envelope and on the Bid Form. If a Contract is not awarded within 90 calendar days after opening of Proposals, a PROPOSER may file a written request with the CITY’s Procurement Manager for the withdrawal of its Proposal. Prohibition on Gifts to City Employees and Officials No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any CITY employee, as set forth in Chapter 112, Part III, Florida Statutes, the current CITY Ethics Ordinance, and CITY Administrative Policy. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with CITY staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the CITY for a specified period of time, including but not limited to: submitting bid/Proposals, RFP, and/or quotes; and, c. Immediate termination of any contract held by the individual and/or firm for cause. Discrimination An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, Proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, Proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, Proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. Federal Requirements This contract may be funded in whole or in part with federal funding. As such, federal laws, regulations, policies and related administrative practices shall apply to any contract negotiated with a selected firm as required by federal law. The most recent of such requires, including any amendments made such the submission of the Proposal, shall apply, unless federal government determines otherwise. The federal government requirements contained in the most recent version of the Uniform Administrative Requirements for federal awards (Uniform Rules) codified at 2.C.F.R, Part 200, including any certifications and contractual provisions required by any federal statutes or regulations referenced therein to be included in this contract are deemed incorporated herein by reference and shall be incorporated into any sub-agreement or subcontract executed by the Proposer pursuant to its obligations under federal law. 751 12 RFP # 09-23-04 LH Landscape Maintenance Services PART III SPECIFIC PROPOSAL REQUIREMENTS For RFP 09-23-04 LH Landscape Maintenance Services Format To assure consistency, Proposals must conform to the following format: A. PROPOSER Information and Acknowledgement Form B. Table of Contents C. Introduction Letter D. Qualifications E. Other Information F. Cost & Time G. Mandatory Proposal Forms H. Florida State Corporate Filing Section A – PROPOSER Information and Acknowledgement Form 1. Use the form provided in the Mandatory Proposal Forms titled “PROPOSER INFORMATION AND ACKNOWLEDGEMENT FORM.” (See Proposal Form 1) Section B – Table of Contents 1. Identify Proposal material by section and page number. Section C – Introduction Letter 1. Summarize the key points of the Proposal including an understanding of the scope of work. Must be signed by an authorized official of the PROPOSER. Section D – Qualifications 1. General – Provide general information about the PROPOSER, including size, office location(s), and structure of PROPOSER. Identify and explain any significant changes in organizational structure, ownership, or management both firm-wide and within Fixed Income/ Public Finance during the past five (5) years. 2. PROPOSER Experience – Describe the PROPOSER’s experience with providing Fireworks services, focus on the PROPOSER’s experience with Fireworks shows for municipalities 3. Team Experience – Identify key members of PROPOSER’s team that will service the CITY. Identify the proposed project manager. Provide brief resumes for key team members that will service the CITY as an Appendix. 4. References – Use the form provided in the Mandatory Proposal Forms titled “REFERENCE INFORMATION FORM” 5. Conclusion – Briefly summarize why PROPOSER should be selected, including why PROPOSER is pursuing the City of Winter Springs’ business. In short, summarize what makes PROPOSER different and why the CITY should select PROPOSER above all others. Section E - Other Information This section should address any other information necessary for a full understanding of PROPOSER’s services. Please provide relevant information on any additional services offered by PROPOSER. 752 13 RFP # 09-23-04 LH Landscape Maintenance Services Section F – Cost and Time This section must clearly state the cost and estimated completion time, if applicable, associated with the project. Use Appendix A: Cost Proposal Worksheet. Section G – Mandatory Proposal Forms 1. Fill out and return the forms provided; PROPOSER Information and Acknowledgement Form, References Information Form, Insurance Requirement Form, Scrutinized Company Certification, Non-Collusion Affidavit of Prime Respondent, Drug Free Workplace Form, Public Entity Crimes Statement, E-Verify Statement, Conflict of Interest Statement, SMWBE Utilization Plan and Appendix A Cost Proposal Worksheet. Section H – Florida State Corporate Filing 1. All Proposals must be signed with the PROPOSER’s name and by an officer or employee having authority to bind the PROPOSER by his/her signature as indicated by the Florida Department of State, Division of Corporations (www.sunbiz.org). Proof of corporate signer must be included with the submittal with the Proposal. Use Sunbiz website screen shot or include a copy of Corporate Resolution or a Power of Attorney. 753 RFP # 09-23-04 LH MANDATORY FORM MANDATORY PROPOSAL FORMS Proposal Form 1 - PROPOSER Information and Acknowledgement Form Proposal Form 2 - References Information Form Proposal Form 3 - Insurance Requirements Form Proposal Form 4 - Scrutinized Company Certification Proposal Form 5 - Non-Collusion Affidavit Proposal Form 6 - Drug Free Workplace Form Proposal Form 7 - Public Entity Crimes Statement Proposal Form 8 - E-Verify Statement Proposal Form 9 - Conflict of Interest Statement Proposal Form 10 - SMWBE Utilization Plan Appendix A - Cost Proposal Worksheet Mandatory forms must be submitted with the Proposal. Failure to submit forms may disqualify the PROPOSER from the RFP Appendix B Scope of Work (Not a Mandatory Form To Return) Appendix C Bid Bond Agreement 754 RFP # 09-23-04 LH MANDATORY FORM PROPOSER INFORMATION AND ACKNOWLEDGEMENT FORM For RFP #09-23-04 LH Landscape Maintenance The undersigned PROPOSER does hereby agree to furnish the City of Winter Springs, Florida, the items listed in accordance with the minimum requirements/evaluation criteria shown by the Request for Proposal to be delivered to the specified site for the price indicated. IT IS THE PROPOSER’S RESPONSIBILITY TO CHECK www.demandstar.com FOR FINAL DOCUMENTS AND ADDENDA BEFORE SUBMITTAL THIS PROPOSAL MUST BE SIGNED BY THE PRINCIPAL OR DIRECTOR AS INDICATED BY THE FLORIDA DEPARTMENT OF STATE, DIVISION OF CORPORATIONS (www.sunbiz.org). Proof of corporate signer must be submitted with Proposal. If not submitted, PROPOSER will be considered non-responsive. Use Sunbiz website screen shot or copy of Corporate Resolution or Power of Attorney. PROPOSER NAME: TAX ID# SNN or EIN: PROPOSER ADDRESS: PURCHASE ORDER ADDRESS: PHONE NUMBER: COMPANY WEBSITE: COMPANY CONTACT (REP): CONTACT EMAIL ADDRESS: SIGNATURE: THE UNDERSIGNED: A. Acknowledges receipt of: 1. RFP # 09-23-04 LH Pertaining To: Landscape Maintenance Services 2. Addenda: Number: _________, Dated _________________. Number: _________, Dated _________________. B. Has examined the site and all RFP Documents and understands that in submitting its Proposal, they waive all right to plead any misunderstanding regarding the same. C. Agrees: 1. To hold this Proposal open for 90 calendar days after the bid opening date. 2. To furnish the services specified in this RFP at the prices quoted in Proposal and in compliance with the RFP Documents. 3. To accept the provisions of the Instructions to PROPOSERS. 4. To negotiate a contract with the CITY incorporating the Proposal prices, if selected on the basis of this Proposal. 5. To accomplish the work in accordance with the contract documents. D. Certifies: 1. That all information contained in this Proposal is truthful to the best of my knowledge and belief. 2. That I am duly authorized to submit this Proposal on behalf of the PROPOSER and that the PROPOSER is ready, willing, and able to perform if awarded the Proposal. Stipulated Amount A. Submit on Cost Proposal Worksheet, Appendix A. 755 RFP # 09-23-04 LH MANDATORY FORM REFERENCE INFORMATION FORM RFP # 09-23-04 LH Landscape Maintenance Services Organization: Contact Person: Address: City: State: Zip: Phone Number: ( ) Project Cost: Date Performed: Organization: Contact Person: Address: City: State: Zip: Phone Number: ( ) Project Cost: Date Performed: Organization: Contact Person: Address: City: State: Zip: Phone Number: ( ) Project Cost: Date Performed: PROPOSER Representative Typed Name/Title: PROPOSER Representative Signature: PROPOSER: 756 RFP # 09-23-04 LH MANDATORY FORM INSURANCE REQUIREMENTS FORM Insurance Type Required Limits Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits Employer’s Liability $1,000,000 each accident, single limit per occurrence Commercial General Liability (Occurrence Form) patterned after the current ISO form $1,000,000 single limit per occurrence $3,000,000 aggregate for Bodily Injury Liability & Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products & Completed Operations & Contractual Liability. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless City of Winter Springs, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of the Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of the City of Winter Springs. Automobile Liability $1,000,000 each person; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included. Other PROPOSER shall ensure that all subcontractors comply with the same insurance requirements that it is required to meet. The same PROPOSER shall provide the CITY with certificates of insurance meeting the required insurance provisions. The City of Winter Springs must be named as “Additional Insured” on the Insurance Certificate for Commercial General Liability where required. The Certificate Holder shall be named as City of Winter Springs. Thirty (30) days cancellation notice required. The undersigned PROPOSER agrees to obtain, prior to award, if selected, insurance as stated above. PROPOSER Authorized Signature Officer Title Date 757 RFP # 09-23-04 LH MANDATORY FORM SCRUTINIZED COMPANY CERTIFICATION Florida Statutes, Sections 287.135 and 215.473 Pursuant to Section 287.135, Florida Statutes (2017), a company is ineligible to, and may not, bid on, submit a Proposal for, or enter into or renew a contract with the CITY for goods or services of: a. Any amount if, at the time of submitting a Proposal for, or entering into or renewing such contract, the PROPOSER is on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, or is engaged in a boycott of Israel; or b. One million dollars or more if, at the time of bidding on, submitting a Proposal for, or entering into or renewing such contract, the PROPOSER: Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473; or Is engaged in business operations in Cuba or Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. The PROPOSER must submit this required certification form attesting that it is not a scrutinized company and is not engaging in prohibited business operations. The following shall be grounds for termination of the contract at the option of the awarding body: a. The PROPOSER is found to have submitted a false certification; been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; b. Been placed on the Scrutinized Companies that Boycott Israel List or c. Is engaged in a boycott of Israel; or d. Been engaged in business operations in Cuba or Syria. The CITY shall provide notice, in writing, to the PROPOSER of any determination concerning a false certification. a. The PROPOSER shall have five (5) days from receipt of notice to refute the false certification allegation. b. If such false certification is discovered during the active contract term, the PROPOSER shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. c. If the PROPOSER 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 Section 287.135, Florida Statutes. 758 RFP # 09-23-04 LH MANDATORY FORM THIS CERTIFICATION FORM MUST BE COMPLETED AND INCLUDED IN YOUR BID RESPONSE. FAILURE TO SUBMIT THIS FORM AS INSTRUCTED SHALL RENDER YOUR BID SUBMITTAL NON-RESPONSIVE. a. The Vendor, owners, or principals are aware of the requirements of Section 287.135, Florida Statutes; and b. The Vendor, owners, or principals are eligible to participate in this solicitation and not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel; and c. For contracts of one million dollars or more, the Vendor, owners, or principals are eligible to participate in this solicitation and not listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and, further, are not engaged in business operations in Cuba or Syria; and d. If awarded the Contract, the Vendor, owners, or principals will immediately notify the CITY in writing if any of its company, owners, or principals: are placed on the Scrutinized Companies that Boycott Israel List, the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; engage in a boycott of Israel; or engage in business operations in Cuba or Syria. STATE OF _________________________________ COUNTY OF _______________________________ The foregoing instrument was acknowledged before me by means of (_____) physical presence or (_____) online notarization, this ______ day of __________, 2023 by _____________________ the _________________ of ___________________________, a ________________________ (____) who is personally known to me or (_____) who produced ______________________________________ as identification. Notary Public: _________________________________________________________________ Print Name: _________________________________________________________________ My Commission Expires: _______________________________________________________ 759 RFP # 09-23-04 LH MANDATORY FORM NON-COLLUSION AFFIDAVIT of PRIME PROPOSER STATE OF COUNTY OF ____________________________________, being duly sworn, deposes and says that: (1) He/she is ___________________________ of ___________________________________ Title PROPOSER The PROPOSER that has submitted the attached response. (2) He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such solicitation. (3) Such Proposal is genuine and is not a collusive or sham solicitation. (4) Neither the PROPOSER nor any of its officers, partners, owners, agent representatives, employees or parties in interest including this affiant, has in any way, colluded, conspired, or agreed, directly or indirectly, with any other PROPOSER, firm or person, to submit a collusive or sham response in connection with the RFP for which the attached Proposal has been submitted or to refrain from proposing in connection with such RFP, or has in any manner, directly or indirectly, sought by Agreement or collusion or communication or conference with any other PROPOSER, firm or person to fix the price or prices in the attached Proposal or of any other PROPOSER, or to fix any overhead, profit or cost element of the proposed price or the proposed price of any other PROPOSER, or to secure through any collusion, conspiracy, connivance or unlawful Agreement any advantage against the City of Winter Springs, Florida, or any person interested in the proposed Agreement. (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, or unlawful Agreement on the part of the PROPOSER or any of its agents, representatives, owners, employees, or parties of interest, including affiant. (Signed) (Title) STATE OF _______________________________________ COUNTY OF _____________________________________ The foregoing instrument was acknowledged before me this ____________________by _____________________________, who is (___) personally known to me or (___) who has produced _______________________________ as identification and who (did / did not) take an oath. ________________________________________ (Signature of Notary Public) ________________________________________ (Name of Notary Typed, Printed or Stamped) Notary Public ________________________________________ (Commission Number) 760 RFP # 09-23-04 LH MANDATORY FORM DRUG FREE WORKPLACE FORM The undersigned PROPOSER, in accordance with Florida Statute 287.087 hereby certifies that _____________________________________________________ does: (Name of PROPOSER) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug- free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under contract a copy of the Drug-Free statement. 4. Notify the employees that as a condition of working on the commodities or contractual services that are under contract, employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. 7. As the person authorized to sign the statement, I certify that this business complies fully with the above requirements. (Authorized Signature) (Date) (Print/Type Name as Signed Above 761 RFP # 09-23-04 LH MANDATORY FORM PUBLIC ENTITY CRIMES STATEMENT SWORN STATEMENT UNDER F.S. SECTION 287.133(3) (A), ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Proposal for RFP #09-23-04 LH Landscape Maintenance Services. 2. This sworn statement is submitted by (PROPOSER) ___________________________ whose business address is _____________________________________ and (if applicable) Federal Employer Identification Number (FEIN) is _____________________ (If a Sole Proprietor and you have no FEIN, include the last four (4) digits of your Social Security Number: ___________. 3. My name is ____________________ and my relationship to the PROPOSER named above is _____________________. 4. I understand that a "public entity crime" as defined in Paragraph 287.133(a) (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 proposal or contract for goods or services to be provided to any public entity or any agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in paragraph 287.133(a) (b), Florida Statutes, means finding of guilt or a conviction of a public entity crime with or without an adjudication of guilt, in any federal or state trial court of records 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. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1) (a), Florida Statutes, means: • A predecessor or successor of a person convicted of a public entity crime; or • An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The City of Fernandina Beach, Florida ownership by one of shares constituting a controlling income among persons when not for fair interest in another person, or a pooling of equipment or income among persons when not for fair market value under a length agreement, shall be a prima facie case that one person controls another person. A person who was knowingly convicted of a public entity crime, in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statutes, means any natural person or entity organized under the laws of the state or of the United States with the legal power to enter into a binding contract for provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies) ____Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. ____The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. (Please attach a copy of the final order.) ____The person or affiliate was placed on the convicted FIRM list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in public interest to remove the person or affiliate from the convicted FIRM list. (Please attach a copy of the final order.) ____The person or affiliate has not been placed on the convicted FIRM list. (Please describe any action taken by, or pending with, the Department of General Services.) ___________________________________________________________ Signature Date: 762 RFP # 09-23-04 LH MANDATORY FORM PUBLIC ENTITY CRIMES STATEMENT cont. STATE OF __________________________________ COUNTY OF ________________________________ PERSONALLY, APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature at the space provided above on this ___ day of ________________, 20____, and is personally known to me, or has provided ______________________ as identification. ____________________________________________ My Commission expires: ________________ Notary Public 763 RFP # 09-23-04 LH MANDATORY FORM E-VERIFY STATEMENT Proposal Number: RFP # 09-23-04 LH Project Description: Landscape Maintenance Services PROPOSER acknowledges and agrees to the following: PROPOSER shall utilize the U.S. Department of Homeland Security’s E-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of: 1. All persons employed by the PROPOSER during the term of the Contract to perform employment duties within Florida; and 2. All persons assigned by the PROPOSER to perform work pursuant to the contract with the CITY. PROPOSER: __________________________________________________________________ Authorized Signature: __________________________________________________________ Title: ________________________________________________________________________ Date: _______________________________________________________________________ 764 RFP # 09-23-04 LH MANDATORY FORM CONFLICT OF INTEREST STATEMENT This sworn statement is submitted with Proposal for RFP # 09-23-04 LH Landscape Maintenance Services This sworn statement is submitted by (PROPOSER) ___________________________________ whose business address is __________________________________________ and (if applicable) Federal Employer Identification Number (FEIN) is ___________________________( If a Sole Proprietor and you have no FEIN, include the last four (4) digits of your Social Security Number: ____________.) My name is ________________________ and my relationship to the PROPOSER named above is__________________. 1. The above-named PROPOSER is submitting a Proposal for the City of Winter Springs. 2. The Affiant has made diligent inquiry and provides the information contained in the Affidavit based upon his/her own knowledge. 3. The Affiant states that only one submittal for the above Proposal is being submitted and that the above-named PROPOSER has no financial interest in other entities submitting Proposals for the same project. 4. Neither the Affiant nor the above- named PROPOSER 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 PROPOSER’s submittal for the above Proposal. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and execution of the Contract for this project. 5. Neither the PROPOSER not its affiliates, nor anyone associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency. 6. Neither the PROPOSER nor its affiliates, nor anyone associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 7. I certify that no member of the PROPOSER’s ownership or management is presently applying for an employee position or actively seeking an elected position with the City of Winter Springs. 8. I certify that no member of the PROPOSER’s ownership or management, or staff has a vested interest in any aspect of the City of Winter Springs. 9. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above-named PROPOSER, will immediately notify the City of Winter Springs. ________________________________________________________ Signature Date: STATE OF ____________________________ COUNTY OF __________________________ PERSONALLY, APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature at the space provided above on this ___ day of ________________, 20___, and is personally known to me, or has provided ______________________ as identification. ________________________________________ My Commission expires: ____________________ Notary Signature 765 RFP # 09-23-04 LH MANDATORY FORM SMWBE UTILIZATION PLAN Small, Minority, and Women’s Business Enterprises (SMWBE), and Labor Surplus Area Firms Utilization PROPOSER Company Name: _________________________________________________________________ Project Name : Landscape Maintenance Services RFP Number : RFP # 09-23-04 LH CFR §200.321 requires local governments to take all necessary affirmative steps to assure that minority business, women’s business enterprises, and labor surplus area firms are used when possible. The CITY requires that PROPOSERS (Prime Contractors), if subcontracts are to be let, to take the five affirmative steps as cited below. Please describe your firm’s plan for identifying and potential use of SMWBE and Labor Surplus Area Firms. Additional pages may be attached, as necessary. • Placing qualified small and minority business and women’s business enterprises on solicitation lists. • Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources. • Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business and women’s business enterprises. • Establishing delivery schedules where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises and veteran owned businesses. • Using the services and assistance, as appropriate, of such organizations as the Small Business Administration or the Florida Office of Supplier Diversity https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd 766 RFP # 09-23-04 LH MANDATORY FORM Appendix A COST PROPOSAL WORKSHEET PROPOSED COST Item Service Area 1 Service Area 2 Service Area 3 Base Maintenance Palm Trimming Greater than 13' OA (per Tree) Crepe Trimming Greater than 13' OA (per Tree) Irrigation Inspections Mulch - Supplied and Installed (per cubic yard) Fertilizer (per application Integrated Pest Management (per application) PROPOSAL TOTAL (per Month) PLANT, TREE AND GROUND COVER INSTALLATION Not to be included as part of Proposal review criteria. Price to include all components of installation, including staking, wateringin and one year warranty Service Area 1 Service Area 2 Service Area 3 Annuals (Cost plus %) Ground Cover (Cost plus %) Shrubs (Cost plus %) Palms (Cost plus %) Canopy Trees (Cost plus %) Understory Trees (Cost plus %) Sod (Cost plus %) TREE REMOVAL AND STUMP GRINDING Not to be included as part of Proposal review criteria. Price to include back fill/sod if needed Service Area 1 Service Area 2 Service Area 3 Tree Removal 6" Tree Removal 12" Tree Removal 18" Tree Removal 24" Tree Removal 36" 767 RFP # 09-23-04 LH MANDATORY FORM Appendix A COST PROPOSAL WORKSHEET cont. IRRIGATION REPAIR Not to be included as part of Proposal review criteria unless otherwise noted Service Area 1 Service Area 2 Service Area 3 Wholesale price of materials plus proposed percentage Irrigation Technician Hourly Rate The PROPOSER is invited to submit per unit pricing on any other optional/ancillary services which it offers and which may be of interest to the CITY. 768 RFP # 09-23-04 LH MANDATORY FORM Appendix B SCOPE OF WORK 1. Definitions The definitions below describe the CITY's expectation for maintenance. These definitions are applicable to all service areas unless the service area description states otherwise. Unless otherwise noted; costs for all services listed shall be considered part of the monthly maintenance and shall be included in the cost for monthly maintenance at each site. A. Mowing/Turf Care i. Mowing of all grassed areas shall be no less than once every seven (7) days in the heavy growing season and shall be no less than bi-weekly, or as instructed by the City's Representative, during the dormant growing season. Growing seasons are dictated by the weather and therefore may change per the CITY's Representative, but otherwise shall be: a) Heavy Growing Season - March 15 through October 15 b) Dormant Growing Season - October 16 through March 14 ii. Prior to mowing and trimming any turf and bed areas; paper, bottles, cans and all other debris (as well as misplaced dirt or sand) must be removed from areas immediately bordering site (ex: sidewalks and curb lines) and actual site locations. Areas are to look clean and neat and free of debris at all times. iii. At no time shall more than one-third (1/3) of the leaf surface be removed in one mowing in any turf area unless specifically authorized in writing by the City of Winter Springs. iv. Turf care activities shall be scheduled during the normal work week (M-F 7:30am to Dusk unless directed otherwise) as a general rule and to allow for access to water plant facilities. Should field conditions occur that require a modification to the normal service schedule, Contractor must give the CITY 24 hours' notice and receive approval prior to a service schedule modification. B. Specific Turf Care i. St. Augustine Shall be in accordance with the University of Florida Cooperative Extension Services Calendar for St. Augustine sod care, culture, and good horticultural practice as shown in Publication ENH 5. St. Augustine grassed areas will be mowed to a height of 4.5" inches on average, depending upon established grass needs, by finish mower or a groom mower. ii. Bahia Grass Shall be in accordance with the University of Florida Cooperative Extension Services Calendar for Bahia Grass sod care, culture, and good horticultural practice as shown in Publication ENH 6. Bahia grassed areas will be mowed to a height of 3" inches on average, depending upon established grass needs, by finish mower or a groom mower. C. Cutting of Native Grasses i. Contractor is to cut Native Grasses to no more than 50% of their length. ii. Contractor is to cut native grasses in late winter to early spring; just prior to new shoot growth. D. Remove Grass Clippings and Debris i. All debris (grass clippings) created by the mowing process is to be removed by mechanical means from all adjacent and contiguous surfaces following all landscaping activities. ii. Any clipping, trimming debris will be removed from site as work is completed, or at the end of each day that work is performed. Lawn clippings may be left on the turf areas so long as no readily visible clumps remain on the grass surface after mowing, otherwise large clumps of clippings will be collected and disposed of by Contractor. In case of fungal disease outbreaks, all clipping will be collected and properly disposed of until disease is undetectable. No debris bags shall be left on site more than 6 hours. 769 RFP # 09-23-04 LH MANDATORY FORM E. Pruning/Trimming Shrubs, Hedges, and Ornamentals i. Pruning of plants shall be performed as directed to remove dead wood harboring insects and disease and to promote maximum health and growth. The finding of insects or disease shall be reported immediately to the CITY, so as to limit losses. Aesthetic pruning shall consist of removal of dead or broken branches. Pruning shall be performed to balance infiltration light to enhance new growth. ii. Selective pruning shall be performed as directed to remove dead wood or moss. Trees shall be trimmed to maintain the required Depa11ment of Transpo11ation clearance of 14' over the roadway. Suckers at the base of trees and branches hanging low into the median so as to impede a lawn mower shall be removed as regular maintenance; buck horning is not permitted unless requested by the CITY. iii. Ligustrums and shrubbery shall not accumulate more than 211 of growth before being trimmed. iv. All plants shall be maintained to a well-shaped appearance according to each species' natural growth habit unless requested otherwise by the owner's representative. Flowering shrubs shall be pruned in the proper season to allow full flowering potential for the following flower season. Grouped plantings shall be allowed to form masses appropriate to the species. v. Small leafed shrubs, such as Pittosporum, Azaleas and Indian hawthorn, etc., are to be kept trimmed in a tight, neat appearance, with removal of partial new growth after no more than four inches of new growth appears. vi. Larger leafed shrubs, such as viburnum, may attain new growth reaching from 2” to 4” before removal. At no times are shrubs to display a disorderly appearance. vii. Ornamentals, such as crinum lilies, are to be trimmed aggressively during the rainy season to be kept neat and fungus free. This may be as frequent as every other week. viii. Sago palms are to be trimmed a minimum of three times a year, or more often, as directed, depending on growth and health. Azaleas are to be trimmed at regular intervals as described above with the exception of the months of October thru March when no trimming should be done to achieve maximum flowering. ix. Wax myrtles are to be trimmed aggressively in order to maintain a neat, compact habitat. x. At no time is an herbicide to be used to rid plants of sucker growth. Instead, hand pulling or aggressive trimming routine is to be established. xi. All ornamentals that produce any dead fronds (i.e., coontie, sage, aztec grass, holly fem, etc.) are to be systematically checked and cleaned with special attention to early spring cleanup. xii. Dead plant material shall be removed by the Contractor immediately during the normal service visit and a report filed with the CITY detailing the location of removal and species removed. F. Weedeater Trimming i. Areas inaccessible to mowing equipment shall be kept neat and trimmed as directed. Trimming of grass and weeds around any fixed objects (walls, light posts, light fixtures, equipment boxes, pond structures, sign posts and trees) will be done through chemical control within a limit of six inches (6") maximum or trimmer so as not to inflict damage of any kind to structure, equipment or tree. G. Mulching This should not be included in base maintenance price; costs for these services are established on the proposal form for each service area. i. Mulching is to be performed between November 1 and December 25 each year to keep planted areas neat and freshly maintained. Mulch depth to be a minimum total depth of three (3) inches and placed, not dumped, as well as kept from around the immediate base of shrubs. Mulch type to be chosen by the CITY. ii. Beds should be cleared of leaves and other debris prior to adding new mulch. The intent of doing this will be to prevent unnecessary height growth of the beds. H. Edging i. Edging of all walks, curbs, edging of pavements, and grass invasion shall be done weekly during the heavy growing season and bi-weekly for the remainder of the year. 770 RFP # 09-23-04 LH MANDATORY FORM ii. All grass and dirt to be blown off onto grass areas only. No debris shall be blown onto hard surfaces or into shrub or flower beds. iii. Schedule for edging of soft surfaces such as turf, bed borders, and ground cover shall be performed bi-weekly or more as directed. I. Weeding Weeding of all plant bed areas is to be as often as necessary to conform to the shrub trimming schedule, to control weed population and maintain healthy plants. i. Remove weeds, vines and "voluntary" seedlings from planting beds. Weed control in landscaped areas will be accomplished by hand weeding and/or application of round-up and a pre-emergent herbicide if needed. ii. All weeds in sidewalks or pavement areas (including curbing) shall be chemically controlled or removed by hand. iii. The sod-free rings around trees are to be kept in weed-free condition and shall be maintained at a diameter determined by the City. iv. All mulch areas or plant beds shall be continuously maintained free of weeds or grasses. vi. All turf areas shall be maintained in a weed free condition. Any area that becomes infested with weeds or other undesirable grasses must be treated and or replaced at the cost of the Contractor. J. Pruning/Tree Trimming (less than 13') All trees are to be trimmed as often as necessary to meet public safety requirements and comply with ISA and ANSI Industry Standards for tree care. Trimming of established trees shall be to a minimum of eight (8) foot and a maximum of thirteen (13) foot under canopy and pruned just outside the branch collar by the Service Provider. i. Any trees greater than 13' should not be included in base maintenance price; costs for these services are established on the proposal form for each service area. ii. New or young trees are to be pruned with an ideal under canopy of six (6) feet or to a suitable and healthy height for each tree. iii. Approved traffic (M.U.T.C.D.) warning devices shall be used when necessary to provide safety to persons and vehicular traffic within any areas undergoing pruning. Work will be scheduled after consulting with the CITY. iv. Dead palm fronds shall be removed as they occur from all palms. Seeds pods shall be removed on an as directed basis from all palms. Trimming of palm fronds shall be conducted with a hand saw. Only dead fronds shall be removed. Palms shall not be trimmed above 9 o'clock and 3 o'clock. v. Remove Spanish Moss a) Remove all low hanging Spanish Moss in ornamental trees and shrubs. b) Spanish Moss that is 8' or lower on any tree or ornamental shall be removed when other scheduled tasks are completed at the same frequency. K. Annuals and/or Plant Replacements This should not be included in base maintenance price; costs for these services are established on the proposal form for each service area. i. The Contractor shall be responsible for replacing any plant materials that die or become damaged to the point that the plant grade is less than Florida Number 1 as a result of neglect or damage caused by the maintenance operation. ii. Replacement material shall be identical to plant species, quality and specifications of the materials at the time the loss occurs. L. Insect and Disease Control This should not be included in base maintenance price; costs for these services are established on the proposal form for each service area. i. The Contractor shall establish, in conjunction with the CITY, a preventive program to insure proper care of turf and ornamentals. 771 RFP # 09-23-04 LH MANDATORY FORM ii. The Contractor warrants turf against infestation and disease and will replace same if deemed to be below accepted industry standards (IFAS) by the CITY. iii. Application times for herbicide and pesticide applications shall be completed by licensed, trained individuals. iv. Plants will be treated chemically as required to effectively control insect infestation and disease as environmental, horticultural and weather conditions permit. The Contractor is responsible for any damaged areas due to disease or insect infestation. M. Chemical Maintenance Fertilizer and Herbicide This should not be included in base maintenance price; costs for these services are established on the proposal form for each service area. i. Fertilization and insecticide treatments shall be provided as directed to maintain the health and appearance of all turf and plant material. ii. Soil amendments, fertilizer, nutrients, pesticides, fungicides, pre-emergent, post emergent, and any other chemicals deemed proper, beneficial or required to maintain the turf and plant material by the Contractor shall be included in the chemical program monthly maintenance fee. iii. Monthly reports may be requested by the CITY. The reports should outline all treatment provided for the month and any deficits observed. iv. Timely and prompt treatment is to be performed on all areas detected with problems and areas at risk. A 7-10-day follow-up appointment is to be set with the CITY to ensure eradication of disease or pest problems. Subsequent visits, if necessary, are to be scheduled until the problems no longer exist. N. Irrigation Inspection and Repair This should not be included in base maintenance price; costs for these services are established on the proposal form for each service area. i. Complete irrigation inspections shall be performed one (I) time per month at minimum. ii. Details of the inspection shall be recorded on a log sheet (to be submitted with the monthly billing) and consist of the following: a) Turning on each zone and inspecting each head for the proper coverage, including straightening, adjusting the output of water, adjusting spray pattern and unclogging any heads. b) Repairing broken heads and lateral lines, as necessary. c) Checking the irrigation controller(s) for proper operation and programming. If there are battery controllers on the site, check each for battery life and replace at 75% depletion. d) Checking all zone valves for proper open and closure, making sure to inspect for leaking from the mainline. e) Checking water source for leaking and visual inspection of backflow device, if present. f) Visually inspect turf, planters and trees in irrigated areas for signs of drought stress and effect adjustments and/or repairs to remedy the issue. g) The Contractor shall submit a detailed report, at the time of billing of each monthly service, consisting of the clock and location, each zone by number, and any repairs or work performed during that service. All parts used will be itemized on the bill with a maximum of$ 50.00 billed for repairs without VERBAL approval during the regular monthly scheduled maintenance visit. h) If there is an additional cost for repairs beyond the maximum of $50.00, the City must be given a verbal report of the repair and costs involved before the work is to be performed. No payment will be made for heads or pmts damaged by the Contractor. i) Contractor is to immediately prepare an estimate to repair or replace damaged parts on the property within the areas specified in this agreement to meet original specifications with commercial quality irrigation pa1ts. All work performed by Contractor to meet industry standards. All damaged irrigation heads shall be turned in each month along with the monthly billing in order to qualify for payment. j) Labor cost for these services is established on the proposal form for each project. Material costs shall be paid on the basis of approved wholesale documented cost plus 15% for overhead and profit. k) Contractor is to immediately notify the CITY if a mainline leak is noticed. Should the Contractor need to shut down the mainline for any reason, the CITY must be contacted at: (407) 327-5962. 772 RFP # 09-23-04 LH MANDATORY FORM O. Other Scope as specifically directed by CITY This should not be included in base maintenance price; costs for these services are established on the proposal form for each service area. i. Service Provider is to prepare proposal for additional work as it is requested by the CITY prior to commencing with additional work. Prior written approval is required for all additional scope not listed on this document. 2. Expectations The work to be performed under this Contract consists of landscape maintenance services for the City of Winter Springs Municipal Facilities. Perform all work in accordance with the Contract Documents. Furnish all materials, equipment, tools, and labor which are reasonably and properly inferable and necessary for the proper completion of the work, whether specifically indicated in the Contract Documents or not. Cost for all services listed shall be considered part of the monthly maintenance and shall be included in the cost for monthly maintenance at each site. A. The Contractors shall be obligated at its expense, immediately or promptly to repair to the CITY's Representative's satisfaction, any damage to exterior plantings, or irrigation systems or any other property within the areas specified in this agreement. In the event the contractor has not repaired any such damage within reasonable time, as determined by the CITY's Representative, the CITY may repair such damage and deduct such cost from the next payment due to the Contractor. The Contractor shall be liable to the CITY for any such cost in excess of the amount deducted by the CITY. B. The Contractor shall be obligated to immediately notify the CITY Representative verbally and follow in writing within twenty-four (24) hours after the event of any damage which the Contractor discovers, or should have discovered in the exercise of reasonable care, whether or not such damage was caused by the Contractor. C. Prior to the commencement of work on this contract, an authorized representative of the Contractor and the Designated Representative of the CITY may perform a video condition survey of all exterior plantings at each of the designated areas of the City covered by this Agreement. The Contractor and the CITY shall jointly prepare and sign a written report the condition survey which shall describe the condition and location of all unhealthy plants. 3. Scope of Service A. Service Area #1 - Cross Seminole Trail and Bridges Locations and property description 1. S.R. 434 Bridge i. S.R. 434 Cross Seminole Trail Overpass, located just east of Tuskawilla Road. No work is performed on the actual bridge itself. Beds under and around bridge are included in this section. Service areas have irrigation with timer being located on the South West side of S.R. 434 by the power boxes. 2. Cross Seminole Trail i. Just south (approximately 30') of the south entrance onto the S.R. 434 Cross Seminole Trail Overpass Bridge, heading North and West along the trail to the Layer Elementary School entrance road (current end of the trail). Maintain each side of trail to project boundaries which is usually 2 to 8 passes with a 50" mower deck, but this varies in many areas and steps must be taken to groom all affected areas. Includes small medians at each Trail Head entrance. 3. Cross Seminole Trail (Creek) Bridge i. Located between the Seminole County Bus Yard (Consolidated Services Compound) and Layer Elementary School. Keep vines from growing overhand railings and onto the bridge. Trim any/all overhanging tree limbs and foliage. 4. Required Services i. For the Cross Seminole Trail (location b) a) The below services are required weekly through the growing season (3/15-10/15) and bi-weekly through the dormant season (10/16-3/14) 773 RFP # 09-23-04 LH MANDATORY FORM b) Mow, Blow, Trim Hedges, Weedeater, Mulch (Semi- Annually), Edge, Weeding Beds, Prune Trees, Remove Spanish Moss, Trash Removal, Fe1iilization (As directed), Annual Flower Rotation (As Requested), Insect and Disease Control (As required), Irrigation Inspection, and Irrigation Repair (monthly/as required) and other services as requested. 5. All other locations in this service area (locations a and c) i. The below services are required weekly through the growing season (3/15-10/15) and bi-weekly through the dormant season (10/16-3/14) ii. Mow, Edge, Trim Hedges, Weedeater, Edge, Trim Trees, Remove Spanish Moss, Trash Removal, and other services as requested. B. Service Area #2 - Tuskawilla Road, Tuskawilla Lighting and Beautification District and Oak Forest Assessment District Locations and property description 1) Tuskawilla Rd. Rights of Way (R.O.W.) i. East - Tuskawilla Rd. from S.R. 434 south to Lord of Life Church, from south wall at Trotwood Blvd. to and including power easement as well as the right of way in front of the Arbor Glen subdivision. West - Tuskawilla Rd. south to Tuskawilla Trail (Including Berm just south of the Church of the New Covenant). 2) Tuskawilla Rd. Medians i. Medians on Tuskawilla Rd. from S.R. 434 south to end of median cut at the Church of the New Covenant (800 Tuskawilla Rd.) Irrigation on the center medians is operated by multiple TBOS battery controllers. 3) Tuskawilla Lighting and Beautification District (TLBD) i. Just south (approximately 30') of the south entrance onto the S.R. 434 Cross Seminole Trail Overpass Bridge, heading North and West along the trail to the Layer Elementary School entrance road (current end of the trail). Maintain each side of trail to project boundaries which is usually 2 to 8 passes with a 50" mower deck, but this varies in many areas and steps must be taken to groom all affected areas. Includes small medians at each Trail Head entrance. 4) Oak Forest Entrances i. Forest Creek Dr. - 50' north and south of the sign wall on the west side of Tuskawilla Rd. and north and south sides of Forest Creek Dr. to Benchwood Ct. and Benchwood Dr. ii. Trotwood Blvd. - 50' north and south of the sign wall on the west side of Tuskawilla Rd. and north and south sides of Trotwood Blvd. to N. Endeavor Dr. and S. Endeavor Dr. including center median. iii. Winter Springs Blvd. - 50' north and south of the sign wall on the west side of Winter Springs Blvd. (south side to end of sign wall at 1067 Winter Springs Blvd., north side to 1054 Winter Springs Blvd. including inaccessible area at perimeter of pond) and (2) center medians. Irrigation on the center medians is operated by multiple TBOS battery controllers. iv. Oak Forest Dr. - 50' north and south of the sign wall on the west side of Tuskawilla Rd. and north and south sides of Oak Forest Dr. to Cherokee Ct. and Cherokee Dr. 5) Oak Forest Wall i. The entire length of the Oak Forest wall alongside Tuskawilla Rd., directly along the wall where plants, shrubs, and vines are planted. Wall boundaries are from the Tuskawilla Office Park to New Covenant Church, not including the section of wall owned and maintained by Grande Reserve. Backside of wall not included. (Irrigation - spray heads are along entire length of the wall and bubbler heads on Oak Trees located between Trotwood and Tuskawilla Office Park, all included. Timers are located at entrances to Oak Forest at Winter Springs Blvd. and Trotwood Blvd. entrances. All four (4) entrances have irrigation on these timers.) 6) Required Services i. For the Tuskawilla Rd. ROWs (location a) a) The below services are required weekly through the growing season (4/01-12/0 l) and bi-weekly through the dormant season (12/02-3/31) b) Mow, Weedeater Trimming, Edge Grass, Trim Trees, Remove Spanish Moss, Trash Removal and other services as requested. ii. All other locations in this service area a) The below services are required weekly through the growing season (4/01-12/01) and bi-weekly through the 774 RFP # 09-23-04 LH MANDATORY FORM dormant season (12/02-3/31) b) Mow, Blow, Trim Hedges, Weedeater Trimming, Mulch (Semi-Annually), Edge Grass, Weeding Beds, Trim Trees, Remove Spanish Moss, Trash Removal, Fertilization (As Required/Annually), Insect and Disease Control (As Required), Irrigation Inspection and Repair (Monthly/As Required) and other services as requested. C. Service Area #3 - Blumberg Boulevard, North Tuskawilla Road (North of SR 434, and Market Square i. Locations and property description1)Blumberg Blvd. (Center Median Gardens and Monuments) a)Just south (approximately 30') of the south entrance onto the S.R. 434 Cross Seminole Trail Overpass Bridge, heading North and West along the trail to the Layer Elementary School entrance road (current end of the trail). Maintain each side of trail to project boundaries which is usually 2 to 8 passes with a 50" mower deck, but this varies in many areas and steps must be taken to groom all affected areas. Includes small medians at each Trail Head entrance. 2)Tuskawilla Rd. (S.R. 434 to 100' No1ih of Blumberg Blvd.) a)S.R. 434 Cross Seminole Trail Overpass, located just east of Tuskawilla Road. No work is performed on the actual bridge itself. Beds under and around bridge are included in this section. Service areas have irrigation with timer being located on the South West side of S.R. 434 by the power boxes. 3)Market Square a)Located at the Northwest corner of S.R. 434 and N. Tuskawilla Rd., Market Square consists of the property in and around the fountain and hardscape areas immediately adjacent to the face of the building/business entrances in the Winter Springs Town Center. 4)Required Services a)All locations in the service area i.Mow, Blow, Trim Hedges, Weedeater, Mulch (Semi- Annually), Edge, Weeding Beds, Prune Trees, Remove Spanish Moss, Trash Removal, Fertilization (As directed), Annual Flower Rotation (As Requested), Insect and Disease Control (As Required), Irrigation Inspection and Repair (Monthly/As Required) and other additional services as requested 775 RFP # 09-23-04 LH MANDATORY FORM Appendix C BID BOND FORM KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby and firmly bound unto the CITY OF WINTER SPRINGS as OWNER, in the penal sum of Dollars ($ ) for the payments of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. The condition of the above obligation is such that whereas the Principal has submitted to the CITY OF WINTER SPRINGS a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the Work described as: ____________________________________ NOW, THEREFORE, if the Principal shall not withdraw said Bid within 90 days after the opening of the same, or in the alternate, if said Bid shall be accepted and the Principal shall execute and deliver required certificates of insurance and a contract that, at minimum, includes the terms of the Form of Agreement attached hereto (properly completed in accordance with said Bid), and shall give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, then this obligation shall be void; otherwise the same shall remain in force and effect and the sum herein stated shall be due and payable to the CITY OF WINTER SPRINGS and the Surety herein agrees to pay said sum immediately, upon demand of the CITY OF WINTER SPRINGS, in good and lawful money of the United States of America, as liquidated damages for failure of the Principal; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by an extension of the time within which the OWNER may accept such Bid; and said Surety does hereby give waive notice of any such extension. 776 RFP # 09-23-04 LH MANDATORY FORM IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals this day of , 20 , the name and corporate seal of each corporate body being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Principal) (Seal) (Title) (Address) (Surety) (Seal) (Title) (Address (Witness) 777 Evaluator: Team Tabulation Criteria Max Points Natures Care Baker Commercial Landscaping Cepra Landscape Capability and Capacity to meet CITY requirements R1 35 30 25 Proposers Background/Experience in Providing Similar Services to Other Municipalities 40 R2 38 35 37 20 Points for each R3 35 27 30 References: Evaluation of the Proposer’s work from previous organizations receiving similar services to those proposed within this RFP. See the Mandatory Proposal Form, Reference Information Form. 15 Points for each of 2 R1 30 30 30 R2 30 23 24 R3 24 22 24 Cost: The cost of the Proposal is important to the CITY, however, based on the evaluation of the other criteria, the CITY will not necessarily select the lowest proposer. R1 30 10 25 R2 28 15 30 R3 25 15 24 EXTRA BONUS POINTS: Certified Minority Business Enterprise: R2 3 3 1.    The firm is a certified minority business enterprise as defined by the Florida  Small and Minority Business Assistance Act.  (3 Extra Bonus Points)     3 3 Evaluators: Brian Dunigan R1, Kevin Maddox R2, Clifton Mullis R3 3 30 RFP #09-23-04 LH Name: Landscape Maintenance Service Date: Oct. 27, 2023 30 TOTAL 103 X 3 281 207 255 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 804 805 806 City of Winter Springs Landscape and Irrigation Maintenance Proposal We’re not the Biggest Landscape Company; we’re the most dedicated. 807 October 27, 2023 Stuart MacLean Procurement Manager City of Winter Springs RE: RFP# 09-23-04 LH Landscaping &Irrigation Maintenance Services Dear Stuart, Thank you for this opportunity to present the landscape services proposal for City of Winter Springs. Cepra Landscape is a local, family owned business committed to providing our customers with the best value possible in the landscape industry. Our company rests on three pillars: (1) Unparalleled customer service, (2) expertise of our employees, and (3) our beautiful landscapes. These three pillars serve as the foundation for ancillary brand benefits including attention to detail, educated decision making, personalized service, and a seamless customer experience. Our difference is solid. We strive to constantly exceed expectations by providing outstanding results in both product and service. Our goal is to create lasting partnerships and work with customers who truly believe in what we do. Please contact us should you have any questions. Sincerely, Dain Charbonneau Discover and See the difference. PO Box 865 Oakland, FL 34760 Office: 407.287.5622 cepralandscape.com 808 809 810 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 148,860 830 831 832 Discover and See the difference. Although officially started in early 2015, the seeds of CEPRA began to take root many years ago. After more than 28 years of combined experience managing, maintaining, and developing landscapes in both corporate and residential capacities, CEPRA founders saw an opportune moment to start their own landscape company—one that would be built on the grounds that nothing is more important than exceeding the customer’s expectations. Our Belief System • We believe that every customer is a long-term relationship opportunity and a true partner to our success. • We believe that our employees are our biggest asset and that they should share our dedication to landscaping and our passion for customer service. • We believe that every landscape should be beautiful and functional with minimal impact to the natural environment. • We believe that our reputation is everything. • We believe in always learning and in challenging the status quo-for continual advancement and growth. Who We Work With Commercial Office & Retail Buildings Multi-Family Residential Community Development Districts HOA’s, COA, and POA’s Residential Estates Mandatory Maintenance Residential Communities Resorts and Hotels Customers Employees Product Reputation Advancement •FNGLA Certified Landscape Contractor #CC5-0234 •State Certified Pest Control Operator #JF152443 •State Certified Irrigation Contractor #SCC131152042 •Florida Green Industries- Best Management Practices Certified •OSHA 30 Certified- Construction Industry •MOT Certified •Maxicom Certified •Fully Licensed and Insured 833 Discover and See the difference. The CEPRA headquarters in the Orlando area is situated in heart of Ocoee at 529 Ocoee Apopka Road. Our shop sits on about 4.5 acres. There are approximately 75-100 team members at each service location. This number fluctuates seasonally with increased staffing during the summer months. 834 Discover and See the difference. Services LANDSCAPE MANAGEMENT Cepra Landscape is built on its backbone of commercial grounds maintenance services. Most people don’t realize that in order to achieve the best product possible you must be able to control all the variables of a landscape. Cepra completes all its services in-house to guarantee you get the best landscape management with no finger pointing. By controlling all aspects of your landscape we can guarantee you the best product while utilizing the full potential of your property. IRRIGATION MANAGEMENT Cepra Landscape evaluates the full picture when it comes to water management in your landscape. We don’t just fix sprinklers, we manage your system as a whole. We believe irrigation management is a critical component to a successful landscape management program which is why we include it in all of our landscape management programs. By incorporating the irrigation system with consideration for design, maintenance, and technology, we can improve a landscape and its long term sustainability as well as reduce costs for our customers. LANDSCAPE ENHANCEMENT Cepra Landscape provides all the services and resources needed to update, renovate, or simply build and create your dream landscape. From in-house design services to installation of flowers, shrubs, and trees we do it all. We pride ourselves in designing sustainable landscapes that provide long term solutions to your property’s needs. We build your landscape to fill your needs for many years to come. We know that the right plant in the right place can make all the difference in the presentation of your landscape. HORTICULTURE SERVICES Cepra Landscape includes horticulture service with all its landscape management customers to ensure they achieve the best results possible. Cepra works side by side with industry professionals to ensure that the horticulture program is designed to match your properties needs as well as complying with the local laws and regulations. Cepra uses a strong foundation of IPM to ensure that the best products are used with minimal cost to the environment. We feel so strongly in our program that we guarantee our results. TREE CARE SERVICES Cepra Landscape works side by side with its team of arborists to evaluate the trees on your property and provide the best recommendations to sustain the beauty and prolong the life of your trees. Proper tree care and maintenance can help you avoid the difficult and expensive hassle of tree replacement. Cepra tree care services can range from pruning, fertilization, site inventory, long term planning, and removals. Trees are the foundation of the landscape and Cepra is here to care for them. MISC. SERVICES At Cepra Landscape we consider ourselves a full service landscape provider. In addition to our landscape management services, we provide all the services needed to assist our customers in beautifying their site. These additional services range from Landscape Lighting, Pressure Washing, Hardscapes, Holiday Decorations, and many other outdoor services. 835 Discover and See the difference. 836 Discover and See the difference. 837 Discover and See the difference. 838 Discover and See the difference. AGRONOMICS & IRRIGATION TEAMS 839 Discover and See the difference. CENTRAL SUPPORT TEAM 840 Discover and See the difference. EXECUTIVE SUPPORT TEAM 841 Discover and See the difference. 842 Discover and See the difference. In-House Training 843 Discover and See the difference. Commitment to Safety TO YOU & OUR EMPLOYEES We take safety and professionalism seriously. Our most important resources are our employees, and we pledge to always utilize proper safety practices when servicing your communities. Policies and procedures we commit to include: • Daily Safety Brief to discuss work site, challenges, etc. • Weekly Safety Meetings • OSHA 30 Certified • Drug Free Policy • MOT (intermediate) Certified Our uniforms are part of our commitment to professionalism. Each team member is fitted with the following: • Proper PPE • Easily recognizable uniforms with Cepra • Name and Logo • Safety Toe Work Boots Each truck, van, and covered trailer of our fleet is readily identifiable as a part of Cepra Landscape. Our commitment to the safety of our fleet is as follows: • Uniform Fleet with Cepra Name and Logo • Traffic Control Devices including Cones, Signs, and Lights when applicable • FDOT Compliant (2016 FDOT Design • Standards used when applicable) POLICIES UNIFORM FLEET 844 Discover and See the difference. 845 846 Discover and See the difference. 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