HomeMy Public PortalAbout7.b. Agreement - BrightView Landscape Services Inc. for Comprehensive Landscape and Parks Maintenance Services_DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1001C
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE VILLAGE OF KEY BISCAYNE
AND
BRIGHTVIEW LANDSCAPE SERVICES, INC.
THIS AGREEMENT (this "Agreement") is made effective as of the ? day of
, 2023 (the "Effective Date"), by and between the VILLAGE OF
KEY BISCAYNE, FLORIDA, a Florida municipal corporation, (the "Village"), and
BRIGHTVIEW LANDSCAPE SERVICES, INC., a Florida profit corporation (hereinafter, the
"Consultant" ).
WHEREAS, on February 24, 2023, the Village issued Request for Proposals No. 2023-07
(the "RFP"), which RFP is incorporated herein in its entirety by this reference, for Comprehensive
Landscape and Parks Maintenance Services (the "Services"); and
WHEREAS, the Services include the maintenance of the Village's rights -of -way,
landscape buffers, parks, and Village properties, all as set forth in further detail in the Scope of
Services attached hereto as Exhibit "A"; and
WHEREAS, in response to the RFP, the Consultant submitted a proposal to perform the
Services on behalf of the Village, attached hereto as Exhibit "B"; and
WHEREAS, on May 9, 2023, the Village Council adopted Resolution No. 2023-24,
selecting the Consultant to provide the Services; and
WHEREAS, the Consultant and Village, through mutual negotiation, have agreed upon a
fee for the Services, as set forth in the Rate Schedule attached hereto as Exhibit "C"; and
WHEREAS, the Village desires to engage the Consultant to perform the Services and
provide the deliverables as specified below.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the Consultant and the Village agree as follows:
1. Scope of Services.
1.1. Consultant shall provide the Services detailed in the Scope of Services attached hereto as
Exhibit "A" and incorporated herein by reference (the "Services"), in accordance with the
Consultant's Proposal attached hereto as Exhibit "B."
1.2. Consultant shall furnish all reports, documents, and information obtained pursuant to this
Agreement, and recommendations during the term of this Agreement (hereinafter
"Deliverables") to the Village.
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2. Term/Commencement Date.
2.1. The term of this Agreement shall be from the Effective Date through three (3) years
thereafter, unless earlier terminated in accordance with Paragraph 8. Additionally, the
Village Manager may renew this Agreement for two (2) additional one (1) year periods
on the same terms as set forth herein upon written notice to the Consultant.
2.2. Consultant agrees that time is of the essence and Consultant shall complete the Services
within the term of this Agreement, unless extended by the Village Manager.
3. Compensation and Payment.
3.1. Consultant shall be compensated in an amount not to exceed $1,133,412 annually in
accordance with the Rate Schedule attached hereto as Exhibit “C.”
3.2. Consultant shall deliver an invoice to Village no more often than once per month detailing
Services completed and the amount due to Consultant under this Agreement. Fees shall be
paid in arrears each month, pursuant to Consultant’s invoice, which shall be based upon the
percentage of work completed for each task invoiced. The Village shall pay the Consultant
in accordance with the Florida Prompt Payment Act after approval and acceptance of the
Services by the Village Manager.
3.3. Consultant’s invoices must contain the following information for prompt payment:
3.3.1. Name and address of the Consultant;
3.3.2. Purchase Order number;
3.3.3. Contract number;
3.3.4. Date of invoice;
3.3.5. Invoice number (Invoice numbers cannot be repeated. Repeated invoice numbers
will be rejected);
3.3.6. Name and type of Services;
3.3.7. Timeframe covered by the invoice; and
3.3.8. Total value of invoice.
Failure to include the above information will result in the delay of payment or rejection of
the invoice. All invoices must be submitted electronically to payables@keybiscayne.fl.gov.
3.4. Liquidated Damages. If, in the opinion of the Village Manager there has been a breach
of Agreement, the Village Manager shall notify the Consultant, in writing, specifying the
basis and reason in which there has been a breach of Agreement. In the event of a breach
by Consultant, Consultant shall be liable for liquidated damages as provided in this
Section. Unless otherwise provided in this Section, there shall be no cure period of time
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to avoid the consequences of a breach. Liquidated damages are hereby fixed and agreed
upon between the parties who hereby acknowledge the difficulty of determining the
amount of damages that will be sustained by Village as a consequence of the Consultant’s
delay and failure to perform the Services in a timely manner.
3.4.1. Turf Mowing Work Cycle
3.4.1.1. 7 Day Cycle: Failure to comply with the provisions for the completion of
the Work Cycle for turf mowing in a Landscape Maintenance Area within the
thirty (30) seven (7) calendar day period shall result in the liquidated damages
as follows: Fifteen Hundred Dollars ($1500) for each day of delay.
3.4.1.2. 10 Day Cycle: Failure to comply with the provisions for the completion of
the Work Cycle for turf mowing in a Landscape Maintenance Area within the
ten (10) calendar day period shall result in the liquidated damages as follows:
Fifteen Hundred Dollars ($1500) for each day of delay.
3.4.1.3. 14 Day Cycle: Failure to comply with the provisions for the completion of
the Work Cycle for turf mowing in a Landscape Maintenance Area within the
fourteen (14) calendar day period shall result in the liquidated damages as
follows: Fifteen Hundred Dollars ($1500) for each day of delay.
3.4.2. Turf Disease and Pest Management
3.4.2.1. Failure to comply with the provisions for the completion of the Work Cycle
for turf management in a Landscape Maintenance Area within the thirty (30)
calendar day period shall result in the liquidated damages as follows: Six
Hundred Dollars ($600) for each day of delay.
3.4.3. Shrubs and Ground Cover Material Work Cycle
3.4.3.1. Failure to comply with the provisions for the completion of the Work Cycle
for shrubs and ground cover material in a Landscape Maintenance Area within
the thirty (30) calendar day period shall result in the liquidated damages as
follows: Eight Hundred Dollars ($800) for each day of delay.
3.4.4. Hedge Plant Material Work Cycle
3.4.4.1. 14 Day Cycle: Failure to comply with the provisions for the completion of
the Work Cycle for hedge plant material in a Landscape Maintenance Area
within the fourteen (14) calendar day period shall result in the liquidated
damages as follows: Eight Hundred Dollars ($800) for each day of delay.
3.4.4.2. 30 Day Cycle: Failure to comply with the provisions for the completion of
the Work Cycle for hedge plant material in a Landscape Maintenance Area
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within the thirty (30) calendar day period shall result in the liquidated damages
as follows: Eight Hundred Dollars ($800) for each day of delay.
3.4.5. Irrigation Management
3.4.5.1. Failure to comply with the provisions for the completion of the Work Cycle
for irrigation clock (wet) checks in a Landscape Maintenance Area within the
thirty (30) calendar day period shall result in the liquidated damages as follows:
Six Hundred Dollars ($600) for each day of delay.
3.4.6. Responding to Emergency Requests
3.4.6.1. Consultant shall provide 24/7 emergency contact telephone number and
respond to emergency request after notification by the Village, twenty-four (24)
hours a day, seven (7) days a week, including all public holidays. Emergency
repair will require the following response:
3.4.6.1.1. Consultant acknowledgement of the emergency request within thirty
(30) minutes of the phone call made by Village or designee.
Acknowledgement must be by live telephone conversation with a
Consultant employee, not a recording or answering service.
3.4.6.1.2. For Irrigation Emergencies: A technician shall commence work at
the affected location within two (2) hours of request for service. Consultant
shall immediately address the problem and immediately inform the Village
of the extent of the problem.
3.4.6.1.3. For Landscape Emergencies: Consultant shall commence work at
the affected location within four (4) hours of request for service. Consultant
shall immediately address the problem and immediately inform the Village
of the extent of the problem.
3.4.6.1.4. Consultant shall provide a list of individuals and their contact
information to be contacted for emergency repairs to the Village and update
it immediately whenever any change occurs.
3.4.6.2. Should the Consultant fail to meet the thirty (30) minutes acknowledgement
time or two (2) hour time requirement to commence irrigation emergency
repairs, each failure shall result in liquidated damages due to the Village in the
amount of One Thousand Dollars ($1,000.00).
3.4.6.3. Should the Consultant fail to meet the four (4) hour response time to be on-
site for Landscape Emergencies, unless otherwise agreed upon with the Village,
each failure shall result in liquidated damages due to the Village in the amount
of One Thousand Dollars ($1,000.00).
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3.4.6.4. Consistent failure by the vendor to respond to Emergency Service Repairs
Requests and Non-Emergency Service requests within the required response
times may, place the Consultant in breach of the Agreement. Consistent failure
to respond is defined as not responding within the required response time on two
out of four consecutive occurrences.
4. Subconsultants.
4.1. The Consultant shall be responsible for all payments to any subconsultants and shall
maintain responsibility for all work related to the Services.
4.2. Consultant may only utilize the services of a particular subconsultant with the prior written
approval of the Village Manager, which approval may be granted or withheld in the
Village Manager’s sole and absolute discretion.
5. Village’s Responsibilities.
5.1. Village shall make available any maps, plans, existing studies, reports, staff and
representatives, and other data pertinent to the Services and in possession of the Village,
and provide criteria requested by Consultant to assist Consultant in performing the
Services.
5.2. Upon Consultant’s request, Village shall reasonably cooperate in arranging access to
public information that may be required for Consultant to perform the Services.
6. Consultant’s Responsibilities; Representations and Warranties.
6.1. The Consultant shall exercise the same degree of care, skill and diligence in the
performance of the Services as is ordinarily provided by a consultant under similar
circumstances. If at any time during the term of this Agreement or within two (2) years
from the completion of this Agreement, it is determined that the Consultant’s Deliverables
or Services are incorrect, not properly rendered, defective, or fail to conform to Village
requests, the Consultant shall at Consultant’s sole expense, immediately correct its
Deliverables or Services.
6.2. The Consultant hereby warrants and represents that at all times during the term of this
Agreement it shall maintain in good standing all required licenses, certifications and permits
required under Federal, State and local laws applicable to and necessary to perform the
Services for Village as an independent contractor of the Village. Consultant further warrants
and represents that it has the required knowledge, expertise, and experience to perform the
Services and carry out its obligations under this Agreement in a professional and first class
manner.
6.3. The Consultant represents that is an entity validly existing and in good standing under the
laws of Florida. The execution, delivery and performance of this Agreement by
Consultant have been duly authorized, and this Agreement is binding on Consultant and
enforceable against Consultant in accordance with its terms. No consent of any other
person or entity to such execution, delivery and performance is required.
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7.Conflict of Interest.
7.1. To avoid any conflict of interest or any appearance thereof, Consultant shall not, for the
term of this Agreement, provide any consulting services to any private sector entities
(developers, corporations, real estate investors, etc.), with any current, or foreseeable,
adversarial issues in the Village.
8.Termination.
8.1. The Village Manager, without cause, may terminate this Agreement upon five (5) calendar
days’ written notice to the Consultant, or immediately with cause.
8.2. Upon receipt of the Village's written notice of termination, Consultant shall immediately
stop work on the project unless directed otherwise by the Village Manager.
8.3. In the event of termination by the Village, the Consultant shall be paid for all work
accepted by the Village Manager up to the date of termination, provided that the
Consultant has first complied with the provisions of Paragraph 8.4.
8.4. The Consultant shall transfer all books, records, reports, working drafts, documents, maps,
and data pertaining to the Services and the project to the Village, in a hard copy and
electronic format within fourteen (14) days from the date of the written notice of
termination or the date of expiration of this Agreement.
9. Insurance.
9.1. Consultant shall secure and maintain throughout the duration of this agreement insurance
of such types and in such amounts not less than those specified below as satisfactory to
Village, naming the Village as an Additional Insured, underwritten by a firm rated A-X or
better by A.M. Best and qualified to do business in the State of Florida. The insurance
coverage shall be primary insurance with respect to the Village, its officials, employees,
agents, and volunteers naming the Village as additional insured. Any insurance maintained
by the Village shall be in excess of the Consultant’s insurance and shall not contribute to
the Consultant’s insurance. The insurance coverages shall include at a minimum the
amounts set forth in this section and may be increased by the Village as it deems necessary
or prudent.
9.1.1. Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property
Damage. This Liability Insurance shall also include Completed Operations and
Product Liability coverages and eliminate the exclusion with respect to property under
the care, custody and control of Consultant. The General Aggregate Liability limit
and the Products/Completed Operations Liability Aggregate limit shall be in the
amount of $2,000,000 each.
9.1.2. Workers Compensation and Employer’s Liability insurance, to apply for all
employees for statutory limits as required by applicable State and Federal laws. The
policy(ies) must include Employer’s Liability with minimum limits of $1,000,000.00
8.5. Consultant, without cause and without penalty, may terminate this Agreement upon one
hundred and eighty (180) calendar days' written notice to the Village.
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each accident. No employee, subcontractor or agent of the Consultant shall be allowed
to provide Services pursuant to this Agreement who is not covered by Worker’s
Compensation insurance.
9.1.3. Business Automobile Liability with minimum limits of $1,000,000 per occurrence,
combined single limit for Bodily Injury and Property Damage. Coverage must be
afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the
Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles.
9.1.4. Professional Liability Insurance in an amount of not less than One Million Dollars
($1,000,000.00) per occurrence, single limit.
9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the Village,
reflecting the Village as an Additional Insured (except with respect to Professional
Liability Insurance and Worker’s Compensation Insurance), no later than ten (10) days
after award of this Agreement and prior to the execution of this Agreement by Village and
prior to commencing Services. Each certificate shall include no less than (30) thirty-day
advance written notice to Village prior to cancellation, termination, or material alteration
of said policies or insurance. The Consultant shall be responsible for assuring that the
insurance certificates required by this Section remain in full force and effect for the
duration of this Agreement, including any extensions or renewals that may be granted by
the Village. The Certificates of Insurance shall not only name the types of policy(ies)
provided, but also shall refer specifically to this Agreement and shall state that such
insurance is as required by this Agreement. The Village reserves the right to inspect and
return a certified copy of such policies, upon written request by the Village. If a policy is
due to expire prior to the completion of the Services, renewal Certificates of Insurance
shall be furnished thirty (30) calendar days prior to the date of their policy expiration.
Each policy certificate shall be endorsed with a provision that not less than thirty (30)
calendar days’ written notice shall be provided to the Village before any policy or
coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval
of the Village.
9.3. Additional Insured. Except with respect to Professional Liability Insurance and Worker’s
Compensation Insurance, the Village is to be specifically included as an Additional
Insured for the liability of the Village resulting from Services performed by or on behalf
of the Consultant in performance of this Agreement. The Consultant’s insurance,
including that applicable to the Village as an Additional Insured, shall apply on a primary
basis and any other insurance maintained by the Village shall be in excess of and shall not
contribute to the Consultant’s insurance. The Consultant’s insurance shall contain a
severability of interest provision providing that, except with respect to the total limits of
liability, the insurance shall apply to each Insured or Additional Insured (for applicable
policies) in the same manner as if separate policies had been issued to each.
9.4. Deductibles. All deductibles or self-insured retentions must be declared to and be
reasonably approved by the Village. The Consultant shall be responsible for the payment
of any deductible or self-insured retentions in the event of any claim.
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9.5. The provisions of this section shall survive termination of this Agreement.
10. Nondiscrimination. During the term of this Agreement, Consultant shall not discriminate
against any of its employees or applicants for employment because of their race, color, religion,
sex, or national origin, and will abide by all Federal and State laws regarding
nondiscrimination.
11. Attorneys Fees and Waiver of Jury Trial.
11.1. In the event of any litigation arising out of this Agreement, the prevailing party
shall be entitled to recover its attorneys’ fees and costs, including the fees and expenses
of any paralegals, law clerks and legal assistants, and including fees and expenses charged
for representation at both the trial and appellate levels.
11.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS
AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY,
VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY
JURY.
12. Indemnification.
12.1. Consultant shall indemnify and hold harmless the Village, its officers, agents and
employees, from and against any and all demands, claims, losses, suits, liabilities, causes
of action, judgment or damages, arising from Consultant’s performance or non-
performance of any provision of this Agreement, including, but not limited to, liabilities
arising from contracts between the Consultant and third parties made pursuant to this
Agreement. Consultant shall reimburse the Village for all its expenses including
reasonable attorneys’ fees and costs incurred in and about the defense of any such claim
or investigation and for any judgment or damages arising from Consultant’s performance
or non-performance of this Agreement.
12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the
Village nor shall anything included herein be construed as consent to be sued by third
parties in any matter arising out of this Agreement or any other contract. The Village is
subject to section 768.28, Florida Statutes, as may be amended from time to time.
12.3. The provisions of this section shall survive termination of this Agreement.
13. Notices/Authorized Representatives. Any notices required by this Agreement shall be in
writing and shall be deemed to have been properly given if transmitted by hand-delivery, by
registered or certified mail with postage prepaid return receipt requested, or by a private postal
service, addressed to the parties (or their successors) at the addresses listed on the signature
page of this Agreement or such other address as the party may have designated by proper
notice.
14. Governing Law and Venue. This Agreement shall be construed in accordance with and
governed by the laws of the State of Florida. Venue for any proceedings arising out of this
Agreement shall be proper exclusively in Miami-Dade County, Florida.
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15. Entire Agreement/Modification/Amendment.
15.1. This writing contains the entire Agreement of the parties and supersedes any prior
oral or written representations. No representations were made or relied upon by either
party, other than those that are expressly set forth herein.
15.2. No agent, employee, or other representative of either party is empowered to modify
or amend the terms of this Agreement, unless executed with the same formality as this
document.
16. Ownership and Access to Records and Audits.
16.1. Consultant acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled information, and
all similar or related information (whether patentable or not) which relate to Services to
the Village which are conceived, developed or made by Consultant during the term of this
Agreement (“Work Product”) belong to the Village. Consultant shall promptly disclose
such Work Product to the Village and perform all actions reasonably requested by the
Village (whether during or after the term of this Agreement) to establish and confirm such
ownership (including, without limitation, assignments, powers of attorney and other
instruments).
16.2. Consultant agrees to keep and maintain public records in Consultant’s possession
or control in connection with Consultant’s performance under this Agreement. The Village
Manager or her designee shall, during the term of this Agreement and for a period of three
(3) years from the date of termination of this Agreement, have access to and the right to
examine and audit any records of the Consultant involving transactions related to this
Agreement. Consultant additionally agrees to comply specifically with the provisions of
Section 119.0701, Florida Statutes. Consultant shall ensure that public records that are
exempt or confidential and exempt from public records disclosure requirements are not
disclosed, except as authorized by law, for the duration of the Agreement, and following
completion of the Agreement until the records are transferred to the Village.
16.3. Upon request from the Village’s custodian of public records, Consultant shall
provide the Village with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided by Chapter 119, Florida Statutes, or as otherwise provided by law.
16.4. Unless otherwise provided by law, any and all records, including but not limited to
reports, surveys, and other data and documents provided or created in connection with this
Agreement are and shall remain the property of the Village.
16.5. Upon completion of this Agreement or in the event of termination by either party,
any and all public records relating to the Agreement in the possession of the Consultant
shall be delivered by the Consultant to the Village Manager, at no cost to the Village,
within seven (7) days. All such records stored electronically by Consultant shall be
delivered to the Village in a format that is compatible with the Village’s information
technology systems. Once the public records have been delivered upon completion or
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termination of this Agreement, the Consultant shall destroy any and all duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements.
16.6. Any compensation due to Consultant shall be withheld until all records are received
as provided herein.
16.7. Consultant’s failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Agreement by the Village.
16.8. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF
THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS.
Custodian of Records: Jocelyn B. Koch
Mailing address: 88 West McIntyre Street
Key Biscayne, FL 33149
Telephone number: 305-365-5506
Email: jkoch@keybiscayne.fl.gov
17. Nonassignability. This Agreement shall not be assignable by Consultant unless such
assignment is first approved by the Village Manager. The Village is relying upon the apparent
qualifications and expertise of the Consultant, and such firm’s familiarity with the Village’s
area, circumstances and desires.
18. Severability. If any term or provision of this Agreement shall to any extent be held invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby, and each
remaining term and provision of this Agreement shall be valid and be enforceable to the fullest
extent permitted by law.
19. Independent Contractor. The Consultant and its employees, volunteers and agents shall be
and remain an independent contractor and not an agent or employee of the Village with respect
to all of the acts and services performed by and under the terms of this Agreement. This
Agreement shall not in any way be construed to create a partnership, association or any other
kind of joint undertaking, enterprise or venture between the parties.
20. Compliance with Laws. The Consultant shall comply with all applicable laws, ordinances,
rules, regulations, and lawful orders of public authorities in carrying out Services under this
Agreement, and in particular shall obtain all required permits from all jurisdictional agencies
to perform the Services under this Agreement at its own expense.
20.1. Shannon Melindi Act.
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To the extent applicable, the Consultant shall comply with Article II, “The Shannon
Melindi Act,” of Chapter 26 of the Miami-Dade County Code of Ordinances
throughout the term of this Agreement if applicable. If the Shannon Melindi Act is
applicable, the Consultant shall ensure that all employees and subconsultants providing
the Services at the Village’s parks:
20.1.1. Have had nationwide level 2 criminal background checks conducted by a
Professional Background Screener.
20.1.2. Have been screened through the Florida Department of Law Enforcement Sexual
Predator/Offender Database, and a check of the National Sex Offender Public
Registry.
20.1.3. Have been verified as being United States Citizens or having legal immigrant status
employment.
20.1.4. Complete an affidavit affirming that no Services or volunteer duties will be
performed on Park property owned or operated by the Village in violation of this
Ordinance and that an arrest will be reported to the Consultant within forty-eight (48)
hours of such arrest.
20.1.5. Wear picture identification at all times while on Village property and when in direct
contact with patrons and the general public.
20.1.6. Retain all records demonstrating compliance with the background screening
required herein for not less than three (3) years beyond the end of the contract term.
The Consultant shall provide the County with access to these records annually, or at
the request of the County.
21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action
with respect to any conduct of the other which is in violation of the terms of this Agreement
shall not be construed as a waiver of the violation or breach, or of any future violation, breach
or wrongful conduct.
22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts
beyond the date of the term of the Agreement, shall survive termination of the Agreement,
shall remain in full force and effect unless and until the terms or conditions are completed and
shall be fully enforceable by either party.
23. Prohibition of Contingency Fees. The Consultant warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the
Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
person(s), company, corporation, individual or firm, other than a bona fide employee working
solely for the Consultant, any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award or making of this Agreement.
24. Public Entity Crimes Affidavit. Consultant shall comply with Section 287.133, Florida
Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by
reference, including execution of any required affidavit.
25. Counterparts. This Agreement may be executed in several counterparts, each of which shall
be deemed an original and such counterparts shall constitute one and the same instrument.
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26. Conflicts; Order of Priority. This document without exhibits is referred to as the “Base
Agreement.” In the event of a conflict between the terms of this Base Agreement and any
exhibits or attachments hereto, or any documents incorporated herein by reference, the conflict
shall be resolved in the following order of priorities and the more stringent criteria for
performance of the Services shall apply:
26.1. First Priority: this Base Agreement;
26.2. Second Priority: RFP # 2023-07;
26.3. Third Priority: Exhibit A – Scope of Services;
26.4. Fifth Priority: Exhibit C—Rate Schedule; and
26.5. Sixth Priority: Exhibit B – Consultant’s Proposal.
27. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the Village requires
all contractors doing business with the Village to register with and use the E-Verify system to
verify the work authorization status of all newly hired employees. The Village will not enter
into a contract unless each party to the contract registers with and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on
how to provide proof of the contracting entity’s participation/enrollment in E-Verify, please
visit: https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-
in-e-verify. By entering into this Agreement, the Consultant acknowledges that it has read
Section 448.095, Florida Statutes; will comply with the E-Verify requirements imposed by
Section 448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits
from subcontractors; and has executed the required affidavit attached hereto and incorporated
herein.
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DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
DocuSign Envelope ID F2B916F7-EFAC-4842-9172-1A7FC5B1Do1C
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year as first stated above.
VILLAGE OF KEY BISCAYNE BRIGHTVIEW LANDSCAPE
SERVICES, INC.
DocuSigned 6y:
By: GitvUuer;,CM970C
�taw,StU„42D L
Steven C. Williamson
Village Manager
Attest:
By: D
Jocelyn B. Koch
Village Clerk
Approved as to form and legal sufficiency:
DocuSigned by:
By: �Oa gVt l meta,
r04r1.,EDEEt01cr...
Weiss Serota Helfman Cole & Bierman, F.L.
Village Attorney
Addresses for Notice:
Village of Key Biscayne
Attn: Village Manager
88 West McIntyre Street
Key Biscayne, FL 33149
305-365-5514 (telephone) (telephone)
305-365-8936 (facsimile) (facsimile)
swilliamson@keybiscayne.fl.gov (email) (email)
1
By:
Name:
Charles Gonzalez
Addresses for Notice:
With a copy to: With a copy to:
Weiss Serota Helfrnan Cole & Bierman, P.L.
Attn: Chad Friedman, Esq.
Village of Key Biscayne Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134 (telephone)
cfriedman@wsh-law.com (email) (facsimile)
(email)
DS
+
Contract No. 2023-07 Page 13 of 13
E-VERIFY AFFIDAVIT
In accordance with Section 448.095, Florida Statutes, the Village requires all contractors doing
business with the Village to register with and use the E-Verify system to verify the work
authorization status of all newly hired employees. The Village will not enter into a contract unless
each party to the contract registers with and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on
how to provide proof of the contracting entity’s participation/enrollment in E-Verify, please visit:
https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify
By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida
Statutes and will comply with the E-Verify requirements imposed by it, including but not limited
to obtaining E-Verify affidavits from subcontractors.
☐Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit.
In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name: Entity Name:
ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐
online notarization, this day of , 20 , by
(name of person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification: )
Did take an oath; or
Did not take an oath
Charles Gonzalez
Sr VP
BrightView Landscape Services, Inc.
Craig Offutt
Jeremy Cruz
Miami-Dade
19 July 23 Charles Gonzalez
Sr VP
BrightView Landscape Services, Inc.
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
EXHIBIT “A”
SCOPE OF SERVICES
ARTICLE I. GENERAL SCOPE
1. INTENT
1.1 The Village requires Comprehensive Landscape and Parks Maintenance Services
under a continuing services contract. The Contractor shall provide all labor, supervision,
equipment, supplies, tools, materials, and all other necessary incidentals required to perform
complete maintenance and operations of the Village’s rights-of-way, landscape buffers, parks, and
Village properties, including but not limited to the; maintenance of parks landscaping and
irrigation ; litter, trash and recyclables collection; receptacle maintenance throughout the Village;
turf mowing, edging, cleanup, shrubs, hedges, small trees and palms under 10 feet in height,
fertilization, disease and pest management, application of herbicides, turf renovations, irrigation,
and debris cleanup.
1.2 The following activities are not included in the scope of work: pruning or removal
of trees and palms 10 feet or more in height, building maintenance, parking lot and asphalt repairs,
light pole repairs and maintenance, sidewalk repairs and maintenance.
2. LANDSCAPE MAINTENANCE AREAS
A list of the containing Village rights-of-way, parks, landscape buffers, and Village
facilities in each Landscape Maintenance Areas listed in Table 2.2(A) and Table 2.2 (B) and shown
in Figure 2.2.A – Landscape Maintenance Area East, and Figure 2.2.B – Landscape Maintenance
Area West provided in Exhibit G.
TABLE 2.2(A) – Landscape Maintenance Area East
Area Street From To Approximate Limits/Area Parameters (+ or -)
1
Crandon Blvd
Calusa Pk
circle south
Harbor Dr 95' each side
Harbor Dr Bill Baggs
entrance
75' each side from center medians,
including areas around sidewalk plazas
2 Ocean Lane Dr Crandon
Blvd
Cul De Sac/Island
House entrance 55' each side from center medians,
including beach access path
3 Sonesta
Dr/Ocean Dr Crandon
Blvd
Ocean Dr/Oceana
entrance 40' each side from center line
4 E. Heather Dr Crandon
Blvd
End of
street/Oceana
service entrance
40' each side from center line, including
areas around pump station and bus shelter
5 Ocean Dr E. Enid Dr Galen Dr/Galen
Brakers
75' each side from center median,
including areas around Sunrise sidewalks
and FPL vault
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
6 East Enid Dr Crandon
Blvd
Ocean Dr Northern limits of southern street parking
to northern limits of northern sidewalk
7 Seaview Dr Crandon
Blvd
Cul de sac/Casa
Del
Mar entrance
55' each side from centerline, including
beach access path
8 Grapetree Dr Crandon
Blvd
Cul de sac/Casa
Del
Mar entrance
55' each side from centerline
9 Lake & Linear
Parks
Including area between northern limits of
E Enid southern street parking spaces and
northern limits of southern sidewalk
10 Beach Park Including beach access path and area from
beach access path entrance to Beach Park
entrance between eastern edge of Ocean
Dr to Beach Club
TABLE 2.2(B) – Landscape Maintenance Area West
11
Harbor Dr
Crandon
Blvd
200 Harbor Dr 75' each side from center line, including
80' diameter radius around each of two (2)
traffic circles and all sidewalks
11a W Mashta
Dr
End of Harbor Dr
(roundabout) 55' each side from center medians
12 Fernwood Rd Harbor Dr Westwood Dr 75' each side from center line, including
all parking spaces/sidewalks and 80'
diameter radius around Westwood
intersection traffic circle (including
13 W Heather Dr Fernwood
Dr
Glenridge Rd Including all parking spaces, pet stations
and sidewalks heading west (right-side) to
west edge of intersection
14
Westwood Dr
Crandon
Blvd
Fernwood Dr 55' each side from centerline, including
area between sidewalk and face of AT &T
Building
15 Fernwood
Dr
Harbor Dr (traffic
circle)
55' each side from center line, including
80' diameter radius around each of two (2)
traffic circles and all sidewalks
16
W Mashta Dr
Crandon
Blvd
Fernwood Dr
(traffic
circle)
65' each side from center line, including
80' diameter radius around traffic circle,
back flow hedge/grass and all sidewalks
16a Mashta
Fountain
N Mashta Dr 40' each side from center line, including
80' diameter radius around fountain and all
sidewalks
17 Mariner Dr Island Dr End of small
bridge
40' each side from center line, including
area around entire intersection paver
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
18 Knollwood Dr Crandon
Blvd
End of Knollwood
Dr
(traffic circle)
40' each side from center line, including
small bridge and 80' diameter radius
around traffic circle
19 Cape Florida
Dr
Island Dr East end of Cape
Florida Dr (traffic
40' each side from center line, including
area around Island Dr intersection and 80'
diameter radius around traffic circle
20
Traffic Circles
West of Crandon Blvd
Sufficient diameter radius around each
traffic circle, as such that all back flows
and surrounding sidewalks are covered 20a
- 20l
21
Pump Stations
Allendale Rd
Areas around each pump station 21a W Enid Dr
22 Calusa Park
23 Village Green
&
Dog Parks
Area between park boundaries and outside
edge of village green track
24 Hampton Park
25 Harbor Park
26 St. Agnes Field
27 Village Green
Field
Area within, and including, Village Green
track
28 K-8 Field
29 Government
Center
Areas
Including Community Center, Village
Hall, Fire Rescue, and Paradise Park
30 K-8 School Including 15' buffer extending into
surrounding roads and all sidewalks
(including sidewalk on southern side of W
Enid Dr)
31 -
34
Areas Not
Included
in Scope
3. IRRIGATION SYSTEM
The Village’s irrigation system is comprised of network of the following:
3.1 A transmission network of underground pipes and valves located within the public
rights-of-way and ranging in size from 2” to 6”.
3.2 Localized irrigation systems connected to domestic potable water supply.
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
3.3 Landscape Irrigation systems which include but not limited to: time clocks,
irrigation zones, lateral (zone) lines, risers, sprinkler heads, electrical wires, valves, valve boxes
and controllers.
4. SUPPLEMENTAL SERVICES
4.1 Beyond the regular routine landscape and irrigation maintenance of the LMAs, the
Contractor shall, upon the request and approval by the Village, provide on an as- needed basis
“Supplemental Services,” for the purposes of plants, shrubs, trees palms installation, and
fertilization.
4.2 These Supplemental Services shall be based on the unit prices and markup/discount
of wholesale prices provided in Exhibit B of the Agreement, Fee Schedule.
4.3 No guarantee is made as to the quantity or frequency of the Supplemental Services
and the Village reserves the right to have this provided by others.
ARTICLE II. STANDARDS OF WORK.
1. INTENT
1.1. Schedule of Work: On the first business day of each week, the Village shall
furnish to the Contractor a list of both priority and routine maintenance Work Orders to be
considered for completion during the following week. The Contractor shall then provide to the
Village within three days a preliminary schedule of the work for the following week for review by
the Village. Upon approval by the Village, the schedule of work shall become final. In addition,
the Village reserves the right to direct the Contractor to rearrange the schedule to meet the needs
of the Village.
1.2. Work Cycle: The Contractor shall perform the Work Cycle as specified herein
and within the defined duration of time. A Work Cycle consists of the completion of all the
specified work at ALL the locations defined in a Landscape Maintenance Area. The types of Work
Cycles and durations for the LMAs are listed below in Table 3.1(B). Each LMA has the same types
of Work Cycles but different areas of coverage/ locations.
TABLE 3.1(B) – Work Cycle
Name of Cycle Duration
Turf Mowing 7/10/14 Calendar days (See Sec 3.3)
Turf Disease and Pest
Management
30 Calendar days
Shrubs and Ground Cover
Material
30 Calendar days
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Hedge Plant Material 14/30 Calendar days
Litter and Debris Daily
Irrigation Management 30 Calendar days with minimum 1
day per week on-site
The Contractor shall complete the Work Cycle in scope and duration as prescribed in the
Agreement. Any deviation from the requirements of this provision must be approved by
the Village Manager, or the Village’s designated representative.
1.3. Chemicals or Fertilizers: The Contractor shall be prohibited from the use of
chemicals or fertilizers on any site without prior written approval from the Village. In order to
obtain written approval for chemical or fertilizer use, the Contractor shall furnish to the Village,
in writing, the name of the chemical or fertilizer, the manufacturer’s label and the Manufacturer’s
Safety Data Sheet (MSDS).
Commercial fertilizer applicators must be certified by the Department of Agriculture and
Consumer Affairs pursuant to F.S. 482.1562. All commercial fertilizer applicators shall
successfully complete the Florida Department of Environmental Protection’s required
training program. All commercial fertilizer applicators shall apply fertilizers in accordance
with the Florida Department of Environmental Protection through the University of
Florida/Institute of Food and Agricultural Sciences Extension’s “Florida- Friendly Best
Management Practices for Protection of Water Resources by the Green Industries.”
1.4. Maintenance of Traffic: Contractor shall be responsible for proper maintenance
of traffic (M.O.T.) in accordance with the standards outlined in the Manual on Uniform Traffic
Control Devices (M.U.T.C.D.) at all times. Pedestrian traffic may be prohibited when appropriate.
Sufficient and proper safety devices, to include and not be limited to signage, flags, barricades and
cones must be used to stage vehicles and equipment and to protect work sites on or near roadways
and parking lots. No lane closures will be permitted on Crandon Boulevard.
1.5. Utilities: Contractor shall be solely responsible for obtaining the locations of
underground utilities when performing work below grade, and for identifying overhead utilities
when performing work above grade. The Contractor shall be responsible to repair any damage to
overhead and underground utilities caused by their construction activities.
2. LITTER AND DEBRIS CONTROL WORK CYCLE
Contractor shall at all times, and especially prior to mowing, retrieve and dispose of all
litter and debris throughout the area, including but not limited to palm fronds, tree limbs, branches,
leaves, and berries. This shall include daily monitoring, eight (8) hours per day, seven days a week
of the properties, but not limited to, grounds, sidewalks, curbs, and gutters, garbage/trash cans,
dog waste stations, and disposing of all litter and debris. If the Contractor becomes aware of the
existence of hazardous wastes located on the properties, the Contractor shall immediately notify
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
the Village. Litter and debris control work cycle areas are shown in Figure 3.2 provided in Exhibit
H.
Contractor may dispose of litter only (does not include palm fronds, tree limbs, branches,
or other landscaping debris) in Village dumpsters or Village facilities. Contractor shall be
responsible for the disposal costs of all other landscape related debris collected.
Contractor shall only dispose of litter collected though work performed in this Agreement
in any Village dumpsters or Village facilities and shall not dispose of any litter or debris collected
through any work performed outside of this Agreement in any Village dumpsters or at any Village
facilities. If the Contractor chooses to dispose of litter at an alternative off-site location, Contractor
is responsible for the cost of such disposal.
3. GROUNDS, LANDSCAPE, AND TURF MAINTENANCE
3.1 Turf Mowing Work Cycle: The Contractor shall provide a mowing schedule for
each week of service to the Village on the first business day of the week prior to service and shall
be subject to Village approval. Mowing wet grass shall be avoided whenever possible. Mower
blades must be kept sharp so that the cut grass edge is clean and not ragged. Mowing patterns shall
be changed frequently to avoid wear. Any grass clippings or other plant debris remaining on the
grass surface shall be removed the same day as the mowing service is performed. Clippings, mulch
or other plant debris must be prevented from entering ponds, lakes, water features, or drains. In
the event that this occurs, the materials shall be removed immediately.
i. St. Augustine Grass: Mow at a minimum of the following frequencies: once
every fourteen (14) days in November, December, January and February; once
every ten (10) days in March, April, and May; once every seven (7) days in
June, July, August, September, and October. The St. Augustine grass shall be
cut to a minimum height of 3” to a maximum height of 3½" above soil level.
The St. Augustine grass may be cut when the grass height reaches 5 ¼” and
the grass height shall not exceed 6”. The St. Augustine grass shall be cut often
enough such that no more than 1/3 of the leaf surface is removed during each
cutting.
ii. Bahia grass: Mow at a minimum of the following frequencies: once every
fourteen (14) days in November, December, January and February; once every
ten (10) days in March, April, and May; once every seven (7) days in June,
July, August, September and October. The Bahia grass shall be cut to a
minimum height of 3 ½” to a maximum height of 4" above soil level. The
Bahia grass may be cut when the grass height reaches 5 ¼” and the grass height
shall not exceed 6”. The Bahia grass shall be cut often enough such that no
more than 1/3 of the leaf surface is removed during each cutting.
iii. Bermuda grass: Mow, with a preference for a reel type mower, at a minimum
of once every two or three days. The Bermuda grass shall be cut to a minimum
height of ¾” to a maximum height of 1" above soil level. The Bermuda grass
shall be cut when the grass height reaches 1 ¼” and the grass height shall not
exceed 1 ½”. The Bermuda grass shall be cut often enough such that no more
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
than 1/3 of the leaf surface is removed during each cutting.
iv. Zoysia grass: Mow, with a preference for a rotary type mower, at a minimum
of once per week during October thru May and twice per week June thru
September. The Zoysia grass shall be cut to a minimum height of 3 ½” to a
maximum height of 4" above soil level. The Zoysia grass shall be cut often
enough such that no more than 1/3 of the leaf surface is removed during each
cutting.
v. Edging: The Contractor shall trim and properly edge all shrubs and flowerbeds
as well as tree rings, curbs, walks, lighting and all other obstacles in the
landscape and remove clippings. Paved areas (hard edges) shall be edged every
mowing with respect to the turf type adjacent to the edging. Edging of beds
and tree rings (soft edging) shall be executed every mowing with respect to the
turf type adjacent to the edging. Damage to property or existing vegetation
caused by improper trimming or edging shall be repaired or replaced within 48
hours at the Contractor's expense.
vi. Cleanup: All sidewalks, walkways, roadways, and other paved areas shall be
vacuumed, swept, or blown off while the mowing, edging or trimming is in
process so that the appearance suffers for the least amount of time. Landscape
lighting shall be wiped, blown off or vacuumed as needed to prevent
accumulation of clippings and dead insects. Landscape areas shall be raked
and cleaned of clippings, leaves, sticks, twigs and all litter and debris each time
the soft edging is done. All mowing schedules shall be subject to approval by
the Village. No chemical edging allowed.
vii. Tire Ruts in Swale Areas: The Contractor shall tamp and/or replace sod
damaged by tire ruts in swale areas within 48 hours of the daily inspection.
3.2 Turf Disease and Pest Management Work Cycle: The Contractor shall adhere
to the following for disease and pest management of all turf grass.
i. The Contractor shall control or eradicate diseases and infestations by chewing
or sucking insects, leaf miners, fire ants and other pests by spraying affected
plants and shrubs with chemical sprays and combinations of sprays suitable
for that particular disease or pest when the infestation or infection becomes
evident and as often thereafter as necessary. All applications shall be
performed by persons holding a valid pesticide application license as issued
by the State of Florida and shall be done in accordance with the pesticide
manufacturer's recommended rates and all applicable Federal, State, County
and Municipal regulations. The Contractor shall respond within 72 hours after
a request or notice from Village. The Contractor shall be fully licensed to spray
pesticides and shall use sound cultural practices that aid in preventing the
presence or proliferation of insects and diseases.
ii. The Contractor shall maintain all turf, planting beds and tree rings in a weed
free condition at all times. The Contractor shall hand-pull weeds as necessary,
or as directed by the VILAGE. The Contractor shall apply various herbicides
by means of spray type devices to aid in the control of unwanted weeds and
vegetation. All applications shall be performed by persons holding a valid
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
herbicide application license as issued by the State of Florida and shall be done
in accordance with the herbicide manufacturer's recommended rates and all
applicable Federal, State, County and Municipal regulations. Herbicides shall
be used only with prior written approval by the Village as to type, location and
method of application. The Contractor shall exercise extreme care so as not to
overspray and affect areas not intended for treatment. Areas adversely affected
by such overspray shall be restored at the Contractor's expense.
iii. The CONTRACOR shall, after a chemical application, remove all signs shall
in accordance with the chemical products’ recommended standards.
4. PLANTS, SHRUBS AND GROUND COVER MAINTENANCE
Plants, Shrub and Ground Cover Maintenance Work Cycle: The Contractor shall adhere to
the following:
4.1 All hedge plant material including, but not limited to, green buttonwood, ficus,
clusia and arboricola and all other shrubs and ground cover material shall be pruned once (1) per
month or thirty (30) days to insure the best shape, health, and character of the individual plant.
Gold mound Duranta shall be pruned once every fourteen (14) days to insure the best shape, health,
and character of the individual plant.
4.2 The entire top of all hedges shall be trimmed and may require the use of a scissor
lift or bucket truck. Hand trimming shall be utilized whenever possible to promote lateral plant
growth. Mechanical trimming shall only be utilized when the health or appearance of the plant
shall not be damaged by the mechanical trimmers.
4.3 Ground cover plants shall be selectively cut back to encourage lateral growth and
kept in bounds and out of other plantings, walkways, lighting, etc. Cuts shall be made with sharp
and proper tools. When cutting parts of branches, leave a living bud at the end of the stub. Make
cuts sufficiently close to parent stem so that the healing can readily start under normal conditions.
5. IRRIGATION SYSTEM MAINTENANCE MANAGEMENT
5.1 The Contractor shall be responsible for the operation, maintenance and repair of the
irrigation system which includes but is not limited to the setting and adjusting the time clocks and
all heads to ensure 100% watering coverage of all plants, shrubs, trees, palms, turf, landscaping,
and ground cover contained within the Landscape Maintenance Areas to provide for a uniform
lush green landscape appearance. Dry spots and any damage to the irrigation system discovered
must be reported to the Village immediately.
5.2 The Contractor shall have forty-five (45) days from the start of the Agreement to
perform an initial inspection of the irrigation system and provide a report to the Village of any
existing damage and/or incorrect operation and coverage. The Contractor shall be responsible for
the proper working of system, as specified herein, after the initial inspection report and subsequent
repairs.
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
5.3 The Contractor shall adjust the irrigation during the various seasons to maintain the
uniform lush green landscape appearance. The Contractor shall manage and irrigate areas as
needed during periods of little or no rainfall using the irrigation system and/or any supplemental
watering necessary to keep the plant material, turf, and landscaping in optimum health.
Supplemental watering may require a large portable watering tank, impact sprinklers or additional
hose to be supplied by the Contractor.
5.4 The Contractor shall be responsible for controlling the amount of water used for
irrigation. Damage that results from over-watering or insufficient watering shall be the
responsibility of the Contractor to repair or replace at the Contractor’s expense.
5.5 Irrigation watering schedules must comply with all local, county, regional and State
watering restrictions.
5.6 The Contractor shall, within thirty (30) calendar days, fully operate all the irrigation
zones from the irrigation clock and replace, repair or clean all irrigation heads, lateral lines,
electrical wires, valve boxes and controllers as needed. Any equipment damaged by the
Contractor's operation shall be replaced at the Contractor’s expense with the same equipment/part
and by the same manufacturer unless otherwise approved by the Village. The Contractor shall use
only Rainbird, Hunter Parts, or any other equal that approved by the Village.
5.7 The Contractor shall perform all irrigation repairs to the lateral lines, risers and
sprinkler heads as required to keep the system operating. For this category of work the Village
shall reimburse the Contractor for materials ONLY.
5.8 The Contractor shall perform repairs on main lines; pump in-take piping; electrical
wires from zone valves back to the clock; and replace damaged or broken valve boxes. For this
category the Village shall reimburse the Contractor for labor and materials.
5.9 The Contractor shall provide written report of the following:
1. Once per week, a list of all the irrigation zones clocks serviced.
2. Once per work day, a list of irrigation parts and materials used for repairs.
5.10 Reimbursable Items: THE Contractor shall obtain authorization by the Village prior
to commencement. The Contractor shall be reimbursed be based markup provided in Exhibit B of
the Agreement, Fee Schedule. See Section 5.3 for details on the required source for wholesale
pricing.
6. SUPPLEMENTAL SERVICES
The Contractor shall, upon the request and approval by the Village, provide on an as-
needed basis “Supplemental Services,” for the purposes of: A) plants, shrubs, trees and palms
installation; B) fertilization; and C) application of pest and disease management chemicals to
plants, shrubs, hedges. These Additional Services shall be based on the unit prices provided in
Exhibit B of the Agreement, Fee Schedule.
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
6.1 Plants, Shrubs, Trees and Palms Installation
i. All plant material shall be Florida Number One, or better, as provided in the
most current edition of Grades and Standards for Florida Nursery Plants, Parts
I and II, prepared by the Florida Department of Agriculture. For standards not
addressed in the Florida Grades and Standards for Florida Nursery Plants, plant
materials shall conform to the American National Standards Institute (ANSI)
Standards Z60.1.
ii. All plant material and services shall be guaranteed for a period of 12 months
from the date of planting or service completion. This guarantee may not apply
for plants damaged by “acts of God,” such as hurricanes, fires, etc., or by
vehicular accidents.
iii. All planting standards shall comply with the requirements contained in the
planting details in Section 5.
6.2 Fertilization
A schedule of fertilization dates and fertilizer analysis shall be presented to the Village
prior to application and shall be subject to Village approval. The fertilizer used shall be a
commercial grade product and recommended for use on each plant, tree or grass type. Specific
requirements shall be determined by soil test results, soil type and the time of year. Applications
shall proceed continuously once begun until all areas have been completed.
In the event fertilizer is thrown on hard surfaces, it shall be removed immediately to prevent
staining. Contractor shall have the soil tested a minimum of once every four (4) months to
determine required additives, and more often if necessary to diagnose problem areas. Any plants,
trees or grass damaged by over-fertilization shall be replaced at the Contractor's expense.
All commercial fertilizer applicators shall apply fertilizers in accordance with the Florida
Department of Environmental Protection through the University of Florida/Institute of Food and
Agricultural Sciences Extension’s “Florida-Friendly Best Management Practices for Protection of
Water Resources by the Green Industries.”
i. St. Augustine Grass: St. Augustine turf shall be fertilized with a complete NPK
profile. The Contractor shall establish a program that shall fertilize all St.
Augustine grass and shall vary with the time of year of the application and the
results of soil analysis.
ii. Bahia Grass: Bahia grass shall be fertilized with a complete NPK profile. The
Contractor shall establish a program that shall fertilize all Bahia grass and shall
vary with the time of year of the application and the results of soil analysis.
iii. Bermuda Grass: Bermuda grass shall be fertilized with a complete NPK
profile. The Contractor shall establish a program that shall fertilize all
Bermuda grass and shall vary with the time of year of the application and the
results of soil analysis. The Contractor shall apply additional fertilizer to treat
stressed, worn or high traffic areas as needed.
iv. Zoysia Grass: Zoysia grass shall be fertilized with a complete NPK profile.
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
The Contractor shall establish a program that shall fertilize Zoysia grass and
shall vary with the time of year of the application and the results of soil
analysis.
v. Plants and Shrubs: The Contractor shall establish a program that shall fertilize
all plants and shrubs, describing the type of fertilizer required for each type of
plant and the time of year this work shall be undertaken.
vi. Palms: The Contractor shall establish a program that shall fertilize all palms,
describing the type of fertilizer required for each type of palm and the time of
year this work shall be undertaken. The fertilization schedule shall be provided
to the Village not less than one month prior to application and shall be subject
to Village approval.
6.3 Aeration, Verticutting, Topdressing, and Overseeding
On occasion, the Village may request, Aeration, verticutting and topdressing to provide
proper air and water exchange for maximum growth potential and health of the Bermuda grass as
needed. The topdressing material shall be a mixture similar to the profile of the soil below the turf
as determined by soil analysis. The Contractor shall also be responsible for topdressing worn turf
areas, depressed turf areas, etc. as needed on an ongoing basis. Overseeding material shall be with
a rye grass blend. If requested, the Contractor shall submit a proposal for these services to the
Village for approval. The topdressing and overseeding material shall be reimbursed to the
Contractor.
7. PROJECT WORK
Major projects such as turf renovations or drainage replacements shall be done on an as
needed basis and shall be quoted to the Village by the Contractor.
8. [INTENTIONALLY DELETED].
9. PUBLIC RELATIONS
Contractor’s positive interaction with Village residents is essential to the success of this
Agreement. Contractor shall extend the utmost courtesy to Village residents at all times. Contractor
shall make no statements or offer any information concerning Village activities, policies and
procedures. All resident inquiries shall be directed to the Village.
10. The Contractor shall provide 24/7 emergency contact telephone number and respond
to emergency requests after notification by the Village, twenty-four (24) hours a day, seven
(7) days a week, including all public holidays in accordance with Section 4.14 of this
Agreement.
11. DISCOVERY AND NOTIFICATION
If the Contractor discovers damages, vandalism or theft, the Contractor shall immediately
notify the Village and shall file a police report of the occurrence.
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12. PROPERTY DAMAGE
Observation of property damage prior to the commencement of work, whether public or
private, shall immediately be reported to Village. Property damage, whether public or private,
caused by Contractor during the course of the work shall be immediately reported to Village, and
repaired by Contractor at the Contractor’s expense and at no cost to Village or Property Owner.
13. WORK ORDER (SERVICE REQUEST) COMPLETION INFORMATION INPUT
The Contractor shall be responsible to enter/input information on completed work orders
(service requests) into the Village’s Work Order and Asset Management Software. The typical
information required includes but is not limited to, description of service, date serviced, Village
contract number, location, Village asset serviced (e.g., median, tree, irrigation clock, etc.), and
hours or cost for service. Work Order Completion data input shall be entered no later than 5
working days after the actual performance of the work order or service request. All work orders
entered by the Contractor shall be reviewed by the Village and the work order shall be closed by
the Village only after completion of the service is verified. Services or work performed by the
Contractor shall not be considered completed and eligible for payment by the Village until the
Work Order Completion Information is entered into the Village’s Work Order System by the
Contractor.
ARTICLE III.
STANDARDS OF CONTRACTOR
1. INTENT
Contractor is an independent contractor and the individuals assigned to work for Village
by Contractor are subject to the approval of Village and shall not be Village employees. Contractor
must be fully licensed with all required State and/or local government licenses and permits and
shall comply with all Federal, State and local laws, rules, practices and regulations.
2. FACILITIES
Village reserves the right to inspect Contractor’s facilities at any reasonable time, during
normal work hours, without prior notice to determine that Contractor has a bona fide place of
business and is a responsible Contractor.
3. IDENTIFICATION
Contractor will not use or create any badge containing Village’s name, seal, logo, or any
other reference thereof for identification. Contractor shall use only a Village issued identification
badge.
4. EXPERIENCE
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4.1 Contractor shall have a minimum of five (5) years experience in providing
comprehensive landscape maintenance services of properties and rights-of-way of similar
complexity and size as those owned and managed by the Village. Proposers shall have been in
continuous operation for a minimum of the past five (5) years from the date that the RFP is issued
and shall have a resident branch office in Miami-Dade or Palm Beach County, Florida. Proposer
shall be fully licensed with all applicable local, state Federal licenses. Relevant experience includes
but is not limited to maintenance of: turf grass; plants, shrubs; installation of turf, grass, trees and
other plant materials; fertilizer and herbicide applications; disease and pest management; and litter
control.
4.2 Education and/or Work Experience: Contractor must have at least one full time
employee with a degree in turf management, agronomy, horticulture, a related field or shall
demonstrate equivalent experience to manage this project.
4.3 Licenses: Contractor must be fully licensed with all required State and/or Local
government licenses and permits, including, but not limited to, disease and pest control, herbicides,
irrigation, horticultural services, etc.
4.4 Turf Grass Types: Company shall demonstrate experience in the care and
maintenance of specialty turf grass.
4.5 Pesticide Certification: Contractor must have a certified pesticide operator through
the State of Florida, Department of Health and Rehabilitative Services. This individual shall
perform any pesticide applications for this contract.
4.6 Herbicide Certification: Contractor must have a certified herbicide operator
through the State of Florida, Department of Health and Rehabilitative Services. This individual
shall perform any herbicide applications for this contract.
4.7 Florida Green Industries Certification: Contractor must have at least one full time
employee who has completed the Florida Green Industries Best Management Practices workshop
dedicated to this contract.
4.8 Know-the-Flow Certification: Contractor must have at least one full time employee
who has completed Miami-Dade County's "Know -the- Flow" course, Department of Business and
Professional Regulation Course Designation #9624920.
5. RELATIONSHIP CONTACT
Contractor shall maintain at a minimum one relationship contact for this contract who will
respond to specific Village requests, twenty-four hours a day, seven days a week, including all
public holidays. The relationship contact shall be available by cellular telephone and shall be
expected to visit the work site as requested by Village. The relationship contact shall be able to
manage all facets of the contract. The relationship contact must be fluent in English and have
excellent communication skills and be capable of directing all regular maintenance and additional
services and coordinating these with Village. The relationship contacts shall use his/her experience
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and training to prevent, detect and control adverse conditions by physically inspecting the work
area regularly.
6. SUBCONTRACTING WORK
6.1 Award of Subcontracts and Other Contracts for Portions of Work. Contractor shall
furnish in writing to Village the names of persons or entities proposed for each principal portion
of the work. In addition, Contractor shall not change subcontractors performing any portion of the
work required by this Agreement without prior written approval by Village.
Contractor shall be responsible and liable to Village for all work performed by the
Subcontractors or their employees, agents or contractors, pursuant to this Agreement.
6.2 Sub-contractual Relations. By listing the names of each as set forth in Exhibit “C”,
attached hereto and made a part hereof, Contractor shall require each subcontractor, to the extent
the work to be performed by the subcontractor, to be bound to Contractor by terms of the
Agreement, and to assume toward Contractor all the obligations and responsibilities which
Contractor, by this Agreement, assumes toward Village. Each sub-contract agreement, between
Contractor and a subcontractor, shall preserve and protect the rights of Village under the
Agreement with respect to the work to be performed by the subcontractor so that subcontracting
thereof shall not prejudice the rights, and shall allow the subcontractor, unless specifically
provided otherwise in the sub-contract agreement, the benefit of all rights, remedies and redress
against Contractor that Contractor, by the Agreement, has against Village.
6.3 Where appropriate, Contractor shall require each subcontractor to enter into similar
agreements with the subcontractors. Contractor shall make available to each proposed
subcontractor, prior to the execution of the sub-contract agreement, copies of the Agreement to
which the subcontractor shall be bound, and upon written request of the subcontractor, identify to
the subcontractor terms and conditions of the proposed sub-contract agreement which may be at
variance with the Agreement. Subcontractors shall similarly make copies of applicable portions of
such documents available to their respective proposed subcontractors.
7. DRUG-FREE WORKPLACE
Contractor continues to implement and maintain a drug-free workplace program, in
accordance with Section 287.087, Florida Statutes.
8. TRANSITION PLAN
Contractor shall provide a detailed description of how services will be transitioned under
Village’s current Agreement to Contractor. Contractor is responsible for minimizing any negative
impacts to Village by ensuring a smooth and orderly transition of service.
Prior to the termination of this Agreement, Contractor shall use its best efforts to ensure a
smooth and orderly transition of service.
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9. ADHERENCE TO VILLAGE POLICY
Contractor assigned to handle the services outlined in this RFP for the Village shall adhere
to all Village policies, procedures and protocols.
10. DISCLOSURE OF RELATIONSHIPS
Contractor agrees to give Village written notice of any Relationship, as defined herein, that
Contractor enters into with Village or any of its districts, its elected or appointed officials, its
employees or agents, during the period of this Agreement.
A “Relationship” for the purpose of this Section shall include but not be limited to
employer/employee, consultant, contractor, sub-contractor, associate, officer, partnership, joint
venture, ownership greater than one percent, landlord/tenant, or creditor/debtor, gift
donor/recipient in excess of $100.00, past or on-going personal relationships, or joint involvement
with charitable/voluntary activities.
11. EXCLUSIVITY
Village reserves the right to have comprehensive landscape maintenance services provided
by others. This action will not waive or void any of the terms and conditions in this Agreement.
12. REPAIRS
Contractor shall obtain all permits and pay all required fees to any regulatory agency
having jurisdiction over any work required to repair or replace damages caused by the Contractor.
Inspections required by local ordinances during the course of nuisance plant control shall be
arranged as required. Upon completion of the repair work, evidence satisfactory to Village shall
be furnished to show that all work has been performed in accordance with the applicable
ordinances and code requirements. Permit Fees with supporting documentation shall be
reimbursed by the Village.
13. [INTENTIONALLY DELETED]
14. [INTENTIONALLY DELETED]
ARTICLE IV
STANDARDS OF LABOR AND MATERIALS
1. PERSONNEL
Contractor shall provide a sufficient number of supervised staff to complete the duties
stated within the Agreement.
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Contractor shall at all times enforce strict discipline and good order among Contractor’s
employees/independent contractors and shall not employ on the work site an unfit person or
anyone not skilled in the work assigned to him. Subcontractors, employees or independent
contractors of Contractor whose work is unsatisfactory to Village or who are considered by
Village’s representatives as careless, incompetent, unskilled or disorderly or who use threatening
or abusive language to any person shall be dismissed from work upon notice from Village and
shall not be employed to perform the work under this Agreement thereafter. No liquor, alcoholic
beverages, smoking or drugs shall be allowed on the site of the work.
1.1 Supervisor: The Contractor shall maintain a Lead Technician within the area and
within sight of treatment crews at all times. The Lead Technician shall be fluent in English and
shall have excellent communication skills and be capable of directing all work requested by the
Village.
1.2 Employee/Independent Contractor or Subcontractor Performance: Contractor shall
employ (or contract with) personnel competent to perform the work specified herein. Village
reserves the right to request the removal of a Contractor’s employee/independent contractor or
subcontractor from performing maintenance on the Village’s property where such
employee’s/independent contractor’s or subcontractor’s performance or actions, are perceived as
obviously detrimental to Village.
1.3 Uniforms: Contractor shall provide all employees with color coordinated uniforms
that shall be maintained by Contractor so that all personnel are neat, clean and professional in
appearance at all times. Non-uniform clothing shall not be permitted.
1.4 Background Checks: Prior to working in the Village, all managers and employees
of the Contractor, independent contractors, and subcontractors shall be required to undergo
background checks. A thorough State and national background check that identifies an individual’s
entire criminal history shall be conducted. The analysis of the background check shall focus only
on those offenses that most directly impact both children and adults, which include but are not
limited to the following:
i. Any illegal activity of a sexual nature;
ii. Acts of violence;
iii. Acts of lewd or lascivious behavior;
iv. Drug possession and/or drug distribution; and,
v. Repeated public intoxication.
A background check shall be conducted on new employees prior to employment and on
each employee at annually. All background check related costs shall be the sole responsibility and
expense of the Contractor. Prior to the beginning of the contract term and at the beginning of each
Village fiscal year (beginning October 1st) the Contractor shall submit written certification to the
Village that Contractor has complied with the Village’s requirement regarding background checks
on all employees. The certifying document shall be signed by the authorized officer of the
corporation. Should an employee begin service with the Contractor after the commencement of
the Agreement, during a Village fiscal year, the Contractor shall, as soon as reasonably possible,
submit a supplemental certifying document regarding a background check on the new employee.
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Maintenance, ownership, and control of all background check records and information generated,
received, possessed and stored shall be the sole responsibility of the Contractor, and shall be
retained for a period of not less than three years. Failure to perform a state and national criminal
background check in accordance with the rules above shall be cause for termination of the
Agreement.
2. EQUIPMENT
2.1 Vehicles: Contractor shall keep all vehicles in good repair, free from leaking fluids,
properly registered, of uniform color and shall bear the company name on each side in not less
than 1 ½” letters.
2.2 Equipment Safety: Contractor shall keep all equipment in an efficient and safe
operating condition while performing work under this Agreement. Equipment shall have proper
safety devices maintained at all times while in use. If equipment does not contain proper safety
devices and/or is being operated in an unsafe manner, the Village may direct the Contractor to
remove such equipment and/or the operator until the deficiency is corrected to the satisfaction of
the Village. The Contractor shall be responsible and liable for injury to persons and property
caused by the operation of the equipment.
2.3 Test Equipment Calibration: Contractor shall use only test equipment that are in
proper working condition and have been calibrated as required by the manufacturer.
2.4 Storage: The Village shall not provide facilities at which the Contractor may store
equipment. The Contractor shall be responsible for mobilization and setup, and demobilization
and breakdown, each day.
2.5 Storage during a Disaster Preparedness and Response: The Contractor shall assist
the Village in responding to disaster events within the Village. There are no office and storage
facilities available; however the Contractor may stage their equipment inside of Village Green
Park, with the Village’s prior authorization, up to 48 hours prior to a storm event.
3. IRRIGATION PARTS, CHEMICAL AND FERTILIZERS
3.1 The Contractor shall base all costs for irrigation, chemicals, fertilizers and other
supplies on the current supplier wholesale price list as provided to the Village by SiteOne
Landscape Supply Catalog: “Wholesale.”
3.2 The Village reserves the right to request an updated wholesale price list every three
(3) months.
3.3 The Village also reserves the right to add or delete items from the wholesale price
list.
3.4 The Contractor shall submit the markup or discount percentage in Exhibit B, Fee
Schedule. The markup or discount shall be calculated on the wholesale price (See 5.3(A)) of
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
supplies or materials only. Markup shall include the cost of taxes and delivery.
3.5 Labor costs contained within Exhibit B shall provide for excavation and planting
costs.
3.6 The Village, in its sole discretion, reserves the right to purchase materials for
Supplemental Work directly from the Contractor or another vendor of the Village’s choice.
4. TREES, PALMS AND PLANTS PRICING
4.1 All trees and plants must be Florida Grade #1 or better. Prices for trees or plants
shall be “unplanted” with a markup calculated on the wholesale price of supplies or materials only
and shall cover the cost of taxes and delivery. The Contractor shall submit the markup or discount
percentage in Exhibit B, Fee Schedule. The markup or discount shall be calculated on the
wholesale price of materials only.
4.2 Cost for trees and plants shall be based on the then current Betrock Information
Systems “PlantFinder” - Wholesale Guide to Foliage and Ornamental Plants.
4.3 Labor costs contained within Exhibit B, Fee Schedule, shall provide for excavation
and planting costs. All sod must be priced “as installed.”
4.4 The Village, in its sole discretion, reserves the right to purchase materials for
Supplemental Work directly from the Contractor or another vendor of the Village’s choice.
[THIS SPACE INTENTIONALLY LEFT BLANK]
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5. PLANT SPECIFICATION AND DETAIL.
Figure 5.5(A) – LARGE TREE & PALM PLANTING DETAIL
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Figure 5.5(B) – MULTI-STEM PLANTING DETAIL
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Figure 5.5(C) – SHRUB PLANTING DETAIL
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Figure 5.5(D) – SMALL TREE PLANTING DETAIL
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Figure 5.5(E) –SOD AND GROUND COVER PLANTING DETAIL
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Figure 5.5(F) – LARGE TREE & PALM PLANTING DETAIL II
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EXHIBIT “B”
CONSULTANT’S PROPOSALS
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
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VILLAGE OF KEY BISCAYNE
88 West McIntyre Street
Key Biscayne, Florida 33149
REQUEST FOR PROPOSAL
RFP # 2023-07
COMPREHENSIVE LANDSCAPE AND PARKS MAINTENANCE SERVICES
RFP Release Date:February 24, 2023
Mandatory Pre-ProposalConference:March 07, 2023, 10:30 A.M.
Written Questions Due: March 10, 2023, 9:00 A.M.
Response to Questions: March 15, 2023
Proposals Due:March 29, 2023, 11:30 A.M.
Submit To:
Via DemandStar
https://www.demandstar.com
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DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Comprehensive Landscape and Parks Maintenance Services – RFP # 2023-07
19
COVER SHEET
VILLAGE OF KEY BISCAYNE
88 West McIntyre Street Key Biscayne, Florida 33149
REQUEST FOR PROPOSALS NO. 2023-07
COMPREHENSIVE LANDSCAPE AND PARKS MAINTENANCE
SERVICES
Name of Proposer
Contact Person
Address
City State Zip Code
Phone Number
Email Address
Type of services submitted by Proposer (check all that apply):
□Landscape Maintenance Area East
□Landscape Maintenance Area West
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DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Comprehensive Landscape and Parks Maintenance Services – RFP # 2023-07
20
FORM 1
RESPONSE CHECKLIST
Form 1: Response Checklist
Form 2: Addendum Acknowledgment
Form 3: Certificate of Authority (Complete one of the two forms as applicable)
Form 3A: Certificate of Authority (for Corporations or Partnerships)
Form 3B: Certificate of Authority (for Individuals)
Form 4: Proposer’s Statement of Organization
Form 5: References
Form 6: Affidavits
x Form 6A: Single Execution Affidavits
x Form 6B: Independence Affidavit
x Form 6C: Non-Collusion Affidavit
Form 7: Drug Free Workplace
Form 8: Certification to Accuracy of Proposal
Form 9: Scrutinized Companies
Form 10: Public Entity Crimes
Form 11: Dispute Disclosure
Form 12: List of Proposed Subcontractors
Form 13: Form of Performance Bond
Form 14: Form of Payment Bond
Form 15: Proposal Security
Form 16: Certificate of Insurance
Form 17: Company Qualification Questionnaire
ATTACHMENTS
A: Agreement Documents
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Comprehensive Landscape and Parks Maintenance Services – RFP # 2023-07
21
FORM 2
ADDENDUM ACKNOWLEDGEMENT
Solicitation Title:
COMPREHENSIVE LANDSCAPE AND PARKS MAINTENANCE SERVICES
Solicitation No.:
ITB # 2023-07
Listed below are the dates of issue for each Addendum received in connection with this Solicitation:
Addendum No. ________, Dated _________
Addendum No. ________, Dated _________
Addendum No. ________, Dated _________
Addendum No. ________, Dated _________
Addendum No. ________, Dated _________
Addendum No. ________, Dated _________
☐No Addendum issued for this
Solicitation
Firm’s Name: ________________________________________________________________________
Authorized Representative’s Name: ______________________________________________________
Title: _______________________________________________________________________________
Email: ______________________________________________________________________________
Phone Number: ______________________________________________________________________
Authorized Signature:__________________________________________________________________
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DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Village of Key Biscayne
Procurement Department
88 West McIntyre Street
Key Biscayne, Florida 33149
Phone (305) 365-7577
procurement@keybiscayne.fl.gov
www.keybiscayne.fl.gov
Page 1 of 17
Addendum No. 1
RFP for Comprehensive Landscape and Parks Maintenance Services
Addendum Release Date March 15, 2023
RFP # 2023-07
RFP Due Date/Time: March 29,2023, 11:30 a.m. Eastern Standard Time
Submit To: DemandStar
https://www.demandstar.com
The purpose of this Addendum is to answer questions received from potential proposers or provide additional
information as it relates to this solicitation.
IMPORTANT NOTE – the following is added to RFP 2023-07. It is the Proposer’s responsibility to use the revised
information when preparing the response.
1. Q: What is the annual budget?
A: Please refer to the following link to download FY23 Adopted Budget.
https://keybiscayne.fl.gov/village_services/finance/budget/index.php
2. Q: Please confirm the Proposal Security (Bid Bond) is for a fix dollar amount of $20,000.00 and not a
percentage of Proposal Total.
A: Proposal security in the form of a proposal bond acceptable to the Village or a cashier’s check made
payable to the “Village of Key Biscayne” in the amount of $20,000.00 will be required to be submitted
with the proposal.
3. Q: Does the Village have a Proposal Security (Bid Bond) Form we should utilize with Bid?
A: No.
4. Q: Please provide a copy of the current contract.
A: https://portal.laserfiche.com/Portal/DocView.aspx?id=4248&repo=r-73b9c1aa
5. Q: Please provide a copy of the last tabulation sheet for this project.
A: See Attachment
6. Q: Is the city’s intent to award 2 contractors?
A: Yes.
7. Q: Please confirm Tree and palm trimming will be separate bids.
A: Pruning or removal of trees and palms 10 feet or less in height is included.
8. Q: Is contractor required to use Battery powered leaf blowers?
A: Yes.
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Village of Key Biscayne
Procurement Department
88 West McIntyre Street
Key Biscayne, Florida 33149
Phone (305) 365-7577
procurement@keybiscayne.fl.gov
www.keybiscayne.fl.gov
Page 1 of 2
Addendum No. 2
RFP for Comprehensive Landscape and Parks Maintenance Services
Addendum Release Date March 27, 2023
RFP # 2023-07
RFP Due Date/Time: March 29,2023, April 5, 2023, 11:30 a.m. Eastern Standard Time
Submit To: DemandStar
https://www.demandstar.com
The purpose of this Addendum is to answer questions received from potential proposers or provide additional
information as it relates to this solicitation.
IMPORTANT NOTE – the following is added to RFP 2023-07. It is the Proposer’s responsibility to use the revised
information when preparing the response.
1. Q: The answer to Question 17 in Addendum 1. Doesn’t specify correctly if the contractor is supplying the
material (Fertilizer, Insecticide, Fungicide, etc.) or will be supplied by the Village or will be coming from the
additional items on B11 of the Schedule.
A: The CONTRACTOR shall base all costs for irrigation, chemicals, fertilizers and other supplies on
the current supplier wholesale price list as provided to the VILLAGE by SiteOne Landscape
Supply Catalog: “Wholesale.”
2. Q: If only labor to install fertilizer where on the bid form to place the price 9 A1 through A6?
A: Supplemental work hourly rates should be included in the fee schedule, Item D1 through D13.
3. Q: How many times per year does fertilization need to take place, 1, 2, or 3 times per year?
A: Refer to Section 3.6.B Fertilization, Page 67 of the RFP.
4. Q: The answer to Question 37 in Addendum 1. says ‘No” but line 23 of Table 2.2(b) of the RFP speaks to the
Dog Parks. Is this item to be priced?
A: The outer perimeter of the dog park is included. Area inside the fenced are not part of the scope.
5. Q: How is the profit calculated in the Fee Schedule? Is it by percentage, or the price plus %? Please provide
an example to include profit.
A: It’s up to the contractor.
6. Q: Can the RFP deadline date be extended?
A: Submittal deadline has been extended to April 5, 2023.
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Comprehensive Landscape and Parks Maintenance Services – RFP # 2023-07
22
FORM 3A
CERTIFICATE OF AUTHORITY
(If Corporation)
I HEREBY CERTIFY that a meeting of the [circle one] Board of Directors/ Partners of
a business existing under the laws of the State of , (the
“Entity”) held on , 20 , the following resolution was duly
passed and adopted:
“RESOLVED, that, , as
of the Entity, be and is hereby authorized to
execute this Proposal dated , 20 , on
behalf of the Entity and submit this Proposal to the Village of Key
Biscayne, and this Entity and the execution of this Certificate of Authority,
attested to by the Secretary of the Corporation, and with the Entity’s Seal
affixed, will be the official act and deed of this Entity.”
I FURTHER CERTIFY that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Entity
this day of , 20 .
Secretary: President:
Print Name: Print Name:
(Seal)
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DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Comprehensive Landscape and Parks Maintenance Services – RFP # 2023-07
23
FORM 3B
CERTIFICATE OF AUTHORITY
(if Individual)
I, (“Affiant”) being first duly sworn, deposes and says:
1. I am the
[Select and print as applicable: Owner/Partner/Officer/Representative/Agent] of:
doing
business as , the
Contractor that has submitted the attached Proposal.
2. I am fully informed respecting the preparation and contents of the attached Proposal and all of
the pertinent circumstances respecting such Proposal.
3. I am authorized to execute the Proposal dated , and submit
this Proposal to the Village of Key Biscayne, and the execution of this Certificate of Authority,
attested to by a Notary Public, , will be the official act and deed of this attestation.
In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name:
ACKNOWLEDGMENT
State of Florida
County of
On this day of , 20 , before me the undersigned,
personally appeared , whose name(s) is/are
subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it.
Witness my hand and official seal:
Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or
Produced identification (Type of Identification: )
Did take an oath; or
Did not take an oath
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DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
CERTIFICATE OF RESOLUTION
BrightView Maintenance Companies
I, Jonathan Gottsegen, Secretary of BrightView Landscapes, LLC, a Delaware limited liability company
(the “Company”), do hereby certify that as of the date hereof, the following resolutions have been adopted
by the unanimous approval of the Board of Directors of the Company and the Board of Directors of the
Company’s maintenance subsidiaries listed on Exhibit A (the Company and such subsidiaries are
sometimes referred to herein as the “Companies”), in accordance with the governing documents of the
Companies and that said approvals have not been rescinded, amended or modified:
Authorization to Execute Documents:
RESOLVED, that those individuals listed on Exhibit B hereto are hereby elected and authorized to serve
in the offices and for such companies that are indicated therein until their respective successors are elected
and qualified or until their earlier resignation, removal or death;
FURTHER RESOLVED, that the Board of Directors have authorized and they do hereby authorize those
individuals listed on Exhibit C hereto, or any of them to execute and deliver in the name of and for and on
behalf of the Companies, subject to the limitations set forth in the Signatory Authority Policy set forth on
Exhibit D hereto, any and all bids, addenda, consulting agreements, applications, permits, certificates and
contracts, including but not limited to maintenance agreements, non-disclosure agreements, subcontractor
agreements, certifications and the renewals and amendments thereof;
FURTHER RESOLVED, that the Secretary or Assistant Secretary of the Company is hereby authorized
and directed to execute a Certificate of Resolution certifying to the passage of these resolutions;
FURTHER RESOLVED, that the Secretary or Assistant Secretary of the Company is hereby further
authorized to amend Exhibit C hereto from time to time if he or she determines such amendment is
necessary to reflect changes in employment status and/or title of the Company’s employees;
FURTHER RESOLVED, that any and all persons, firms, corporations and other entities, including, without
limiting effect, public entities, shall be entitled to rely on the authority of any one of the foregoing persons
to bind the Companies by the execution and the delivery of any such bids, addenda, consulting agreements,
applications, permits, certificates and contracts, including but not limited to maintenance agreements, non-
disclosure agreements, subcontractor agreements, certifications and the renewals and amendments thereof;
FURTHER RESOLVED, that the authority herein contained shall remain in effect until the persons, firm,
corporation or other entity relying upon the authority herein contained receive written notice to the contrary
and that all previous authorizations heretofore given with respect to the matters herein contained are
revoked; provided, however, that this revocation shall not affect the validity of any instrument hereinabove
referred to that was executed by any person or persons who at the time of such execution was duly
authorized to act.
FURTHER RESOLVED, if due to an emergency situation and the Company’s Business Continuity Plan
(BCP) is activated by an officers of BrightView Holdings, Inc. all of the Signature Authorities named in
Exhibit C hereto shall have the immediate authority and ability to execute and deliver in the name of and
for and on behalf of the Companies, without further action needed to be taken by an officers of the
Companies and notwithstanding the limitations set forth in the Signatory Authority Policy set forth on
Exhibit D hereto, any and all bids, addenda, consulting agreements, applications, permits, certificates and
contracts, including but not limited to maintenance agreements, non-disclosure agreements, subcontractor
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
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VLWXDWLRQDQGWKH%&3LVGHDFWLYDWHGWKHOLPLWDWLRQVLQWKH6LJQDWRU\$XWKRULW\3ROLF\VHWIRUWKRQ([KLELW
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DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Exhibit A – Subsidiaries
BrightView Landscapes, LLC
BrightView Chargers, Inc.
BrightView Landscape Services, Inc. – CA
BrightView Landscape Services, Inc. – AZ
BrightView Landscape Services, Inc. – CO
BrightView Landscape Services, Inc. – FL
BrightView Landscape Services, Inc. – GA
BrightView Landscape Services, Inc. – NV
BrightView Landscape Services, Inc. – TX
BrightView Tree Care Services, Inc.
BrightView Golf Maintenance, Inc.
BrightView Companies, LLC*
BrightView Funding LLC*
*Elected Officers Only
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
BrightView Landscape Services, Inc. – CO
Jeff Herold Chief Executive Officer and President
Robert Tyler Treasurer
Jonathan Gottsegen Secretary
Tomas Kuehn Assistant Secretary
Susan DeSantis Assistant Secretary
Timothy Wilkinson Assistant Treasurer
Katriona Knaus Assistant Treasurer
BrightView Landscape Services, Inc. – FL
Jeff Herold Chief Executive Officer and President
Robert Tyler Treasurer
Jonathan Gottsegen Secretary
Tomas Kuehn Assistant Secretary
Susan DeSantis Assistant Secretary
Timothy Wilkinson Assistant Treasurer
Katriona Knaus Assistant Treasurer
Charles Gonzalez Vice President
BrightView Landscape Services, Inc. – GA
Jeff Herold Chief Executive Officer and President
Robert Tyler Treasurer
Jonathan Gottsegen Secretary
Tomas Kuehn Assistant Secretary
Susan DeSantis Assistant Secretary
Timothy Wilkinson Assistant Treasurer
Katriona Knaus Assistant Treasurer
Michael Dozier Senior Vice President
BrightView Landscape Services, Inc. – NV
Jeff Herold Chief Executive Officer and President
Robert Tyler Treasurer
Jonathan Gottsegen Secretary
Tomas Kuehn Assistant Secretary
Susan DeSantis Assistant Secretary
Timothy Wilkinson Assistant Treasurer
Katriona Knaus Assistant Treasurer
BrightView Landscape Services, Inc. – TX
Jeff Herold Chief Executive Officer and President
Robert Tyler Treasurer
Jonathan Gottsegen Secretary
Tomas Kuehn Assistant Secretary
Susan DeSantis Assistant Secretary
Timothy Wilkinson Assistant Treasurer
Katriona Knaus Assistant Treasurer
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Comprehensive Landscape and Parks Maintenance Services – RFP # 2023-07
24
FORM 4
PROPOSER’S STATEMENT OF ORGANIZATION
1.Full Name of Proposer:
2.Principal Business Address, Phone and Email Address:
3.Principal Contact Person(s):
4.Form of Proposer (Corporation, Partnership, Joint Venture, Other):
A.If a corporation, in what state incorporated: _______________________________
B. Date Incorporated: ______________________________________________________
C. Federal ID Number (EIN)__________________________________________________
D.If a joint Venture or Partnership, date of Agreement: __________________________
E.Name and address of all partners (state whether general or limited
partnership): _________________________________________________________
F.If other than a corporation or partnership describe, organization and name of
principals. __________________________________________________________
5.Provide names of principals or officers as appropriate and provide proof of the ability of the
individuals so named to legally bind proposer.
Name Title
6.Indicate the number of years’ proposer has had current continual successful experience
performing work of a similar scope relevant to this RFP Agreement. ____________________
7.List all entities participating in this Agreement (including subcontractors if applicable):
Name Address Title
A._____________________________________________________________________
B._____________________________________________________________________
C. __________________________________________________________________________
D._____________________________________________________________________
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DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Comprehensive Landscape and Parks Maintenance Services – RFP # 2023-07
25
8.Outline specific areas of responsibility for each entity listed in Question 7.
A.________________________________________________________________________
B. _________________________________________________________________________
C. _________________________________________________________________________
D. ___________________________________________________________________
9. County or municipal business tax receipt number (attach copies):
County: __________________________________________________________________
Municipal: _________________________________________________________
10. Have you ever failed to complete any work awarded to you?
Yes No _ If yes, attach a separate sheet of explanation.
11. Within the last five years, has any officer or partner of your organization ever been an officer
or partner of another organization that failed to complete an Agreement?
Yes _ No ____ If yes, attach a separate sheet of explanation.
12. Within the last five years, have you ever had a performance, payment or bid bond called?
Yes No _ If yes, attach a separate sheet of explanation.
13. Have you, any officer or partner of your organization, or the organization been involved in
any litigation or arbitration against the Village?
Yes No _ If yes, attach a separate sheet of explanation.
14. Within the last five years, have you, any officer or partner of your organization, or the
organization or parent company or its subsidiaries been involved in any litigation or
arbitration against any other Florida public entity?
Yes No _ If yes, attach a separate sheet of explanation.
15. Within the last five years, have you, any officer or partner of your organization, or the
organization or parent company or its subsidiaries been involved in any litigation or
arbitration against any private entity for an amount greater than $100,000?
Yes _ No __ If yes, attach a separate sheet of explanation.
16. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or
parent company been charged or indicted for any criminal activity within the last five years?
Yes No If yes, attach a separate sheet of explanation.
17. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or
parent company been convicted and/or fined for any criminal activity within the last five
years?
Yes No If yes, attach a separate sheet of explanation.
18. Within the last five years, have you, any officer or partner of your organization, or the
organization been investigated by any local, state, or federal law enforcement agency,
criminal justice agency or inspector general office?
Yes No If yes, attach a separate sheet of explanation.
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DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Comprehensive Landscape and Parks Maintenance Services – RFP # 2023-07
26
19. Within the last five years, have you, any officer or partner of your organization, or the
organization communicated with any local, state, or federal law enforcement agency,
criminal justice agency or inspector general office relating to goods or services provided or
performed for any governmental entity?
Yes No If yes, attach a separate sheet of explanation.
20. Within the last five years, have there been any reports or audits relating to you, any office or
partner of your organization, or the organization issued by any local, state, or federal law
enforcement agency, criminal justice agency or inspector general office.
Yes No If yes, attach a separate sheet of explanation.
21.Within the last five years, have you, any officer or partner of your organization, or the organization
failed to disclose or made misrepresentations to any governmental entity regarding conflicts
of interest or potential or apparent conflicts of interest.
Yes No If yes, attach a separate sheet of explanation.
____________________________________________
Signature (Blue ink only)
Print Name
Title
Date
STATE OF )
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 20 ,
by as _________________________________
(Name of person acknowledging) (Title)
for .
(Company name)
Personally known to me or has produced Identification , type of identification
produced .
(NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC
__________________________________________
PRINT, TYPE/STAMP NAME OF NOTARY
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DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Comprehensive Landscape and Parks Maintenance Services – RFP # 2023-07
27
FORM 5
CLIENT REFERENCES
PRINT CLEARLY
Proposer shall provide a minimum of three references for work/projects of a similar scope relevant to
this RFP /Agreement.
REFERENCE #1
Name of Company:
Reference Contact Name: _______________________________________________________________
Contact Title: _________________________________________________________________________
Contact Telephone: ____________________________________________________________________
Contact Email: ________________________________________________________________________
Contract Start Date: ____________________ Contract End Date: _____________________________
REFERENCE #2
Name of Company:
Reference Contact Name: _______________________________________________________________
Contact Title: _________________________________________________________________________
Contact Telephone: ____________________________________________________________________
Contact Email: ________________________________________________________________________
Contract Start Date: ____________________ Contract End Date: _____________________________
REFERENCE #3
Name of Company:
Reference Contact Name: _______________________________________________________________
Contact Title: _________________________________________________________________________
Contact Telephone: ____________________________________________________________________
Contact Email: ________________________________________________________________________
Contract Start Date: ____________________ Contract End Date: _____________________________
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DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Comprehensive Landscape and Parks Maintenance Services – RFP # 2023-07
28
REFERENCE #4
Name of Company:
Reference Contact Name: _______________________________________________________________
Contact Title: _________________________________________________________________________
Contact Telephone: ____________________________________________________________________
Contact Email: ________________________________________________________________________
Contract Start Date: ____________________ Contract End Date: _____________________________
REFERENCE #5
Name of Company:
Reference Contact Name: _______________________________________________________________
Contact Title: _________________________________________________________________________
Contact Telephone: ____________________________________________________________________
Contact Email: ________________________________________________________________________
Contract Start Date: ____________________ Contract End Date: _____________________________
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DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Comprehensive Landscape and Parks Maintenance Services – RFP # 2023-07
29
FORM 6A
SINGLE EXECUTION AFFIDAVITS
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC
OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
THIS FORM COMBINES SEVERAL AFFIDAVIT STATEMENTS TO BE SWORN TO BY THE PROPOSER OR
BIDDER AND NOTARIZED BELOW. IN THE EVENT THE PROPOSER OR BIDDER CANNOT SWEAR TO ANY
OF THESE AFFIDAVIT STATEMENTS, THE PROPOSER OR BIDDER IS DEEMED TO BE NON-RESPONSIBLE
AND IS NOT ELIGIBLE TO SUBMIT A PROPOSAL/BID.
THESE SINGLE EXECUTION AFFIDAVITS ARE SUBMITTED TO THE VILLAGE OF KEY BISCAYNE AND ARE
STATEMENTS MADE:
By:
For (Name of Proposing or Bidding Entity):
Whose business address is:
And (if applicable) its Federal Employer Identification Number (FEIN) is:
(if the entity does not have an FEIN, include the Social Security Number of the individual signing this sworn
statement. SS#: )
Americans with Disabilities Act Compliance Affidavit
The above-named firm, corporation or organization is in compliance with and agrees to continue to
comply with, and assure that any subcontractor, or third-party contractor under this project complies with
all applicable requirements of the laws listed below including, but not limited to, those provisions
pertaining to employment, provision of programs and services, transportation, communications, access
to facilities, renovations, and new construction.
x The American with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 USC
1210112213 and 47 USC Sections 225 and 661 including Title I, Employment; Title II, Public
Services; Title III, Public Accommodations and Services Operated by Private entities; Title IV,
Telecommunications; and Title V, Miscellaneous Provisions.
x The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section 553.501-
553.513, Florida Statutes:
x The Rehabilitation Act of 1973, 229 USC Section 794;
x The Federal Transit Act, as amended 49 USC Section 1612;
x The Fair Housing Act as amended 42 USC Section 3601-3631.
__________
Proposer Initials
Public Entity Crimes Affidavit
I understand that a “public entity crime” as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
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DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Comprehensive Landscape and Parks Maintenance Services – RFP # 2023-07
30
States, including but not limited to, any bid or contract for goods or services to be provided to any public
entity or an agency or political subdivision of any other state or of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations.
I understand that “convicted” or “conviction” as defined in Paragraph 287.133(1)(b), Florida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt,
in any federal or state trial court of record relating to charges brought by indictment or information after
July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the management
of an affiliate. The ownership by one person of shares constituting a controlling interest in another person,
or a pooling of equipment or income among persons when not for fair market value under an arm’s length
agreement, shall be a prima facie case that one person controls another person. A person who knowingly
enters into a joint venture with a person who has been convicted of a public entity crime in Florida during
the preceding 36 months shall be considered an affiliate.
I understand that a “person” as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to
enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity. The term “person” includes those officers, directors, executives, and partners, shareholders,
employees, members, and agents who are active in management of an entity.
Based on information and belief, the statement, which I have marked below, is true in relations to the
entity submitting this sworn statement.
(INDICATE WHICH STATEMENT APPLIES.)
[ ] Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity has been charged with ad convicted of a public entity crime subsequent to
July 1, 1989.
[ ] The entity submitting this sworn statement, or one or more of its officers, directors, executives
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
July 1, 1989.
[ ] The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of
Florida , Division of Administrative Hearings and the final Order entered by the Hearing Officer determined
that it was not in the public interest to place the entity submitting this sworn statement on the convicted
vendor list (attach a copy of the final order).
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Comprehensive Landscape and Parks Maintenance Services – RFP # 2023-07
I understand that the submission of this form to the contracting officer for the public entity identified
in paragraph 1 above is for that public entity only and that this form is valid through December 31 of
the calendar year in which it is filed. I also understand that I am required to inform the public entity
prior to entering into a contract in excess of the threshold amount provided in Section 287.017, Florida
Statutes for category two of any change in the information contained in this form.
__________
Proposer Initials
No Conflict of Interest or Contingent Fee Affidavit
Proposer warrants that neither it nor any principal, employee, agent, representative nor family
member has paid or will pay any fee or consideration that is contingent on the award or execution of
a contract arising out of this solicitation. Proposer also warrants that neither it nor any principal,
employee, agent, representative nor family member has procured or attempted to procure this contract
in violation of any of the provisions of the Miami-Dade County conflict of interest or code of ethics
ordinances. Further, Proposer acknowledges that any violation of these warrants will result in the
termination of the contract and forfeiture of funds paid or to be paid to the Proposer should the
Proposer be selected for the performance of this contract.
__________
Proposer Initials
Business Entity Affidavit
Proposer hereby recognizes and certifies that no elected official, board member, or employee of
the Village of Key Biscayne (the " Village”) shall have a financial interest directly or indirectly in this
transaction or any compensation to be paid under or through this transaction, and further, that no
Village employee, nor any elected or appointed officer (including Village board members) of the
Village, nor any spouse, parent or child of such employee or elected or appointed officer of the Village,
may be a partner, officer, director or proprietor of Proposer or Vendor, and further, that no such
Village employee or elected or appointed officer, or the spouse, parent or child of any of them, alone
or in combination, may have a material interest in the Vendor or Proposer. Material interest means
direct or indirect ownership of more than 5% of the total assets or capital stock of the Proposer. Any
exception to these above-described restrictions must be expressly provided by applicable law or
ordinance and be confirmed in writing by Village. Further, Proposer recognizes that with respect to
this transaction or bid, if any Proposer violates or is a party to a violation of the ethics ordinances or
rules of the Village, the provisions of Miami-Dade County Code Section 2-11.1, as applicable to Village,
or the provisions of Chapter 112, part III, Fla. Stat., the Code of Ethics for Public Officers and
Employees, such Proposer may be disqualified from furnishing the goods or services for which the bid
or proposal is submitted and may be further disqualified from submitting any future bids or proposals
for goods or services to Village.
__________
Proposer Initials
Anti-Collusion Affidavit
1. Proposer/Bidder has personal knowledge of the matters set forth in its Proposal/Bid and is fully
informed respecting the preparation and contents of the attached Proposal/Bid and all pertinent
circumstances respecting the Proposal/Bid;
2. The Proposal/Bid is genuine and is not a collusive or sham Proposal/Bid; and
3. Neither the Proposer/Bidder nor any of its officers, partners, owners, agents, representatives,
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employees, or parties in interest, including Affiant, has in any way colluded, conspired, connived, or
agreed, directly or indirectly with any other Proposer/Bidder, firm, or person to submit a collusive or
sham Proposal/Bid, or has in any manner, directly or indirectly, sought by agreement or collusion or
communication or conference with any other Proposer/Bidder, firm, or person to fix the price or
prices in the attached Proposal/Bid or of any other Proposer/Bidder, or to fix any overhead, profit, or
cost element of the Proposal/Bid price or the Proposal/Bid price of any other Proposer/Bidder, or to
secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against
the Village of Key Biscayne or any person interested in the proposed Contract.
__________
Proposer Initials
Scrutinized Company Certification
1. Proposer certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott
Israel List. Pursuant to Section 287.135, F.S., the Village may immediately terminate the Agreement
that may result from this ITB at its sole option if the Proposer or its subcontractors are found to have
submitted a false certification; or if the Proposer, or its subcontractors are placed on the Scrutinized
Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the
Agreement.
2. If the Agreement that may result from this ITB is for more than one million dollars, the Proposer
certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in
Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with
business operations in Cuba or Syria as identified in Section 287.135, F.S. pursuant to Section 287.135,
F.S., the Village may immediately terminate the Agreement that may result from this ITB at its sole
option if the Proposer, its affiliates, or its subcontractors are found to have submitted a false
certification; or if the Proposer, its affiliates, or its subcontractors are placed on the Scrutinized
Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the
Agreement.
3. The Proposer agrees to observe the above requirements for applicable subcontracts entered into for
the performance of work under the Agreement that may result from this ITB. As provided in
Subsection 287.135(8), F.S., if federal law ceases to authorize the above-stated contracting
prohibitions then they shall become inoperative.
__________
Proposer Initials
Acknowledgment, Warranty, and Acceptance
1. CONTRACTOR warrants that it is willing and able to comply with all applicable state of Florida laws,
rules and regulations.
2. CONTRACTOR warrants that it has read, understands, and is willing to comply with all requirements
of RFP # 2023-07 COMPREHENSIVE LANDSCAPE AND PARKS MAINTENANCE SERVICES and any
addendum/addenda related thereto.
3. CONTRACTOR warrants that it will not delegate or subcontract its responsibilities under an agreement
without the prior written permission of the Village Council or Village Manager, as applicable.
4. CONTRACTOR warrants that all information provided by it in connection with this Proposal is true and
accurate.
__________
Proposer Initials
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Truth in Negotiation Certification
The CONTRACTOR hereby certifies, covenants, and warrants that wage rates and other factual unit costs
supporting the compensation for this project’s agreement are accurate, complete, and current at the time
of contracting.
The CONTRACTOR further agrees that the original agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the Village determines the agreement price was
increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such
agreement adjustments shall be made within (1) year following the end of the contract. For purposes of
this certificate, the end of the agreement shall be deemed to be the date of the final billing or acceptance
of the work by the Village, whichever is later.
__________
Respondent Initials
Sworn Signature of Proposing Entity Representative and Notarization for all above Affidavits
In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name:
ACKNOWLEDGMENT
State of Florida
County of
On this day of , 20 , before me the undersigned,
personally appeared , whose name(s) is/are
subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it.
Witness my hand and official seal:
Notary Public (Print, Stamp, or Type as Commissioned)
Personally known to me; or
Produced identification (Type of Identification: )
Did take an oath; or
Did not take an oath.
DŝĂŵŝͲĂĚĞ
Ϯϳ DĂƌĐŚ Ϯϯ
ŚĂƌůĞƐ'ŽŶnjĂůĞnj
nce of:
tness #1 Print Name:
tness #2 Print Name:
Print Name:ŚĂƌůĞƐ'ŽŶnjĂůĞnj
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:ĞƌĞŵLJƌƵnj
ƌĂŝŐKĨĨƵƚƚ
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FORM 6B
INDEPENDENCE AFFIFAVIT
The undersigned individual, being duly sworn, deposes and says that:
I am of , the proposer that
has submitted the attached proposal;
I hereby certify to the best of my knowledge that neither I nor any of those persons residing in my
household have or have had during the past five years, any relationships (professional, financial,
familial or otherwise) with the VILLAGE (or any of its districts), its elected or appointed officials, its
employees or agents, or any member or alternate member of the Selection Committee.
A “relationship” for the purpose of this affidavit shall include but not be limited to
employer/employee, consultant, contractor, subcontractor, associate, officer, partnership, joint
venture, ownership greater than one percent, landlord/tenant, or creditor/debtor, gift donor/recipient
(in excess of $100.00), past or on-going personal relationships, or joint involvement with
charitable/voluntary activities. Relationship includes having a prior or current contract with the VILLAGE.
Except as set forth below, I hereby certify to the best of my knowledge that neither I nor any of those
persons residing in my household have received any promise of compensation, remuneration, gift,
discount, or other gratuity in exchange for my proposal.
I understand and agree that I shall give the VILLAGE written notice of any other relationships (as
defined above) that I enter into with the VILLAGE (or any of its districts), its elected or appointed
officials, its employees or agents, or any member or alternate member of the Selection Committee
during the period of the Agreement.
I set forth below any exceptions to the aforementioned (if none, write “None”):
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
ŚĂƌůĞƐ'ŽŶnjĂůĞnj ƌŝŐŚƚsŝĞǁ>ĂŶĚƐĐĂƉĞ^ĞƌǀŝĐĞƐ͕/ŶĐ͘
ΗEŽŶĞΗ
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____________________________________________
Signature (Blue ink only)
Print Name
Title
Date
STATE OF )
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 20 ,
by as _________________________________
(Name of person acknowledging) (Title)
for .
(Company name)
Personally known to me or has produced Identification , type of identification
produced .
(NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC
__________________________________________
PRINT, TYPE/STAMP NAME OF NOTAR
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DŝĂŵŝͲĂĚĞ
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zĂŶũĂŶŝĞĂůůĞƐƚĞƌŽƐ
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
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36
FORM 6C
NON-COLLUSION AFFIDAVIT
The undersigned individual, being duly sworn, deposes and says that:
1. He/She is_______________________________ of____________________________________,
proposer that has submitted the attached proposal;
2. He/She is fully informed respecting the preparation and contents of the attached proposal and of
all pertinent circumstances respecting such proposal;
3. Such proposal is genuine and is not a collusive or sham proposal;
4. Neither said proposer nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including this affiant, has in any way colluded, connived, or
agreed, directly or indirectly, with any other proposer, firm or person to submit a collusive or
sham proposal in connection with the Agreement for which the attached proposal has been
submitted or to refrain from proposing in connection with the Agreement, or has in any manner,
directly or indirectly, sought by agreement of collusion or communication of conference with any
other proper, 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 proposal or the response of any
other proposer, or to secure through any collusion, connivance, or unlawful agreement any
advantage against the Village of Key Biscayne, Florida, or any person interested in the Agreement;
and
5. The response to the attached RFP is fair and proper and is not tainted by any collusion,
conspiracy, connivance, or unlawful agreement on the part of the proposer or any of its agents,
representatives, owners, employees, or parties in interest, including this affiant.
____________________________________________
Signature (Blue ink only)
Print Name
Title
Date
STATE OF )
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 20 ,
by as _________________________________
(Name of person acknowledging) (Title)
for .
(Company name)
Personally known to me or has produced Identification , type of identification
produced .
(NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC
__________________________________________
PRINT, TYPE/STAMP NAME OF NOTARY
ŚĂƌůĞƐ'ŽŶnjĂůĞnj ƌŝŐŚƚsŝĞǁ>ĂŶĚƐĐĂƉĞ^ĞƌǀŝĐĞƐ͕/ŶĐ͘
zĂŶũĂŶŝĞĂůůĞƐƚĞƌŽƐ
Ϯϳ DĂƌĐŚ Ϯϯ
&ůŽƌŝĚĂ
DŝĂŵŝͲĂĚĞ
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ŚĂƌůĞƐ'ŽŶnjĂůĞnj
^sW
ϯͬϮϳͬϮϯ
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FORM 7
DRUG FREE WORKPLACE
The undersigned proposer in accordance with Chapter 287.087, Florida Statutes, hereby certifies
that ____________________________ does:
(Name of proposer)
1.Publish a statement notifying employees that the unlawful manufacturing, 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 contractual services described in the RFP
document a copy of the statement specified in subsection (1).
4.In the statement specified in subsection (1), notify the employee that, as a condition of working
on the contractual services described in the RFP or the Agreement, the 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 firm complies fully with the
above requirements.
ŚĂƌůĞƐ'ŽŶnjĂůĞnj
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____________________________________________
Signature (Blue ink only)
Print Name
Title
Date
STATE OF )
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 20 ,
by as _________________________________
(Name of person acknowledging) (Title)
for .
(Company name)
Personally known to me or has produced Identification , type of identification
produced .
(NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC
__________________________________________
PRINT, TYPE/STAMP NAME OF NOTAR
ŚĂƌůĞƐ'ŽŶnjĂůĞnj
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&ůŽƌŝĚĂ
DŝĂŵŝͲĂĚĞ
Ϯϳ DĂƌĐŚ
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ƌŝŐŚƚsŝĞǁ>ĂŶĚƐĐĂƉĞ^ĞƌǀŝĐĞƐ͕/ŶĐ͘
ƌŝǀĞƌ>ŝĐĞŶƐĞ
zĂŶũĂŶŝĞĂůůĞƐƚĞƌŽƐ
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
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FORM 8
CERTIFICATION TO ACCURACY OF PROPOSAL
The proposer, by executing this form, hereby certifies and attests that all forms, affidavits and
documents related thereto that it has enclosed in the proposal in support of its proposal are true
and accurate. Failure by the proposer to attest to the truth and accuracy of such forms, affidavits
and documents shall result in the proposal being deemed non-responsive and such proposal will
not be considered.
By submitting a proposal to do the work, the proposer certifies that a careful review of the RFP
and the Agreement has taken place and that the proposer is fully informed and understands the
requirements of the RFP and the Agreement and the quality and quantity of service to be
performed.
The undersigned individual, being duly sworn, deposes and says that:
1.He/She is of ,
the proposer that has submitted the attached proposal;
2.He/She is fully informed respecting the preparation and contents of the attached proposal and of
all forms, affidavits and documents submitted in support of such proposal;
3.All forms, affidavits and documents submitted in support of this proposal and included in this
proposal are true and accurate;
4.No information that should have been included in such forms, affidavits and documents has been
omitted; and
5.No information that is included in such forms, affidavits or documents is false or misleading.
STATE OF )
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 20 ,
by as _________________________________
(Name of person acknowledging) (Title)
for .
(Company name)
Personally known to me or has produced Identification , type of identification
produced .
(NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC
__________________________________________
PRINT, TYPE/STAMP NAME OF NOTARY
ŚĂƌůĞƐ'ŽŶnjĂůĞnj ƌŝŐŚƚsŝĞǁ>ĂŶĚƐĐĂƉĞ^ĞƌǀŝĐĞƐ͕/ŶĐ͘
&ůŽƌŝĚĂ
DŝĂŵŝͲĂĚĞ
Ϯϳ DĂƌĐŚ Ϯϯ
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ƌŝŐŚƚsŝĞǁ>ĂŶĚƐĐĂƉĞ^ĞƌǀŝĐĞƐ͕/ŶĐ͘
ƌŝǀĞƌ>ŝĐĞŶƐĞ
zĂŶũĂŶŝĞĂůůĞƐƚĞƌŽƐ
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
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FORM 9
SCRUTINIZED COMPANIES
The undersigned proposer in accordance with Section 287.135, Florida Statutes, hereby certifies
that:
Proposer is not participating in a boycott of Israel;
Proposer is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List;
Proposer does not have business operations in Cuba or Syria.
Signature (Blue ink only)
Print Name
Title
Date
STATE OF )
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 20 ,
by as _________________________________
(Name of person acknowledging) (Title)
for .
(Company name)
Personally known to me or has produced Identification , type of identification
produced .
(NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC
__________________________________________
PRINT, TYPE/STAMP NAME OF NOTARY
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DŝĂŵŝͲĂĚĞ
Ϯϳ DĂƌĐŚ Ϯϯ
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ƌŝǀĞƌ>ŝĐĞŶƐĞ
zĂŶũĂŶŝĞĂůůĞƐƚĞƌŽƐ
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FORM 10
PUBLIC ENTITY CRIMES
Sworn Statement Under §287.133(3)(a), Florida Statutes
(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 Bid, Proposal or contract No.
2. This sworn statement is submitted by:
(name of entity submitting sworn statement)
whose business address is: ____________________________________________
____________________________________________
____________________________________________
Federal Identification Number (FEIN) is: ___________________________________________
(if applicable)
Social Security Number: ___________________________________________
(if the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement)
3.My name is: _________________________________________
(print name of individual signing this document)
and my relationship to the entity is:___________________________________
4.I understand that a "public entity crime" as defined in §287.133(1)(g), Florida Statutes means a
violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any
other state or with the United states, including, but not limited to, any bid or contract for goods
or services to be provided to any public entity or an agency or political subdivision of any other
state or of the United States and involving antitrust, fraud, theft, bribery, collusion,
racketeering, conspiracy, or material misrepresentation.
5.I understand that a "convicted" or "conviction" as defined in §287.133(1)(b), Florida Statutes,
means a finding of guilt of a conviction of a public entity crime, with or without an adjudication
of guilt, in any federal or state trial court of record relating to charges brought by indictment
or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of
guilty or nolo contendere.
6.I understand that an "affiliate" as defined in §287.133(1)(a), Florida Statutes means:
(a) A predecessor or successor of a person or a corporation convicted of a public entity
crime; or
(b)An entity under the control of any natural person who is active in the management of
the entity and who has been convicted of a public entity crime. The term "affiliate"
includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in the management of an affiliate. The
ownership by one person of shares constituting a controlling interest in another
person, or a pooling of equipment or income among persons when not for fair market
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value under an arm's length agreement, shall be a prima-facie case that one person
controls another person. A person who knowingly enters into a joint venture with a
person who has been convicted of a public entity crime in Florida during the
preceding 36 months shall be considered an affiliate.
7.I understand that a "person" as defined in §287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal
power to enter into a binding contract and which binds or applies to bids on contracts for the
provision of goods or services let by a public entity, or which otherwise transacts or applies
to transact business with a public entity. The term "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
8.Based on the information and belief, the statement that I have marked below is true in relation
to the entity submitting this sworn statement. (Please indicate which statement applies)
a. ____Neither the entity submitting the sworn statement, nor any officers, directors,
executives, partners, shareholders, employees, members or agents who are active in
management of the entity nor any affiliate of the entity have been charged with and
convicted of a public entity crime subsequent to July 1, 1989.
b.____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, and (Please
indicate which additional statement applies)
1)____There has been a proceeding concerning the conviction before a
hearing officer of the State of Florida, Division of Administrative Hearings.
The final order entered by the hearing officer did not place the person or
affiliate on the convicted vendor list. (Please attach a copy of the final
order)
2)____The person or affiliate was placed on the convicted 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 the public interest to remove the person or
affiliate from the convicted vendor list. (Please attach a copy of the final
order)
3) ____The person or affiliate has not been placed on the convicted vendor list.
(Please describe any action taken by or pending with the Department of
General Services)
____________________________________ __________________________________
Signature Date
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STATE OF )
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 20 ,
by as _________________________________
(Name of person acknowledging) (Title)
for .
(Company name)
Personally known to me or has produced Identification , type of identification
produced .
(NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC
__________________________________________
PRINT, TYPE/STAMP NAME OF NOTARY
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FORM 11
DISPUTE DISCLOSURE
Answer the following questions by placing an “X” after “Yes” or “No”. If you answer “Yes”, please
explain in the space provided, or on a separate sheet attached to this form.
1.Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional associations within
the last five (5) years?
YES __________ NO __________
2.Has your firm, or any member of your firm, been declared in default, terminated or removed from a
contract or job related to the services your firm provides in the regular course of business within the last
five (5) years?
YES __________ NO __________
3.Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests,
or litigation in the past five (5) years that is related to the services your firm provides in the regular course
of business?
YES __________ NO __________
If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and
state a brief description of the case, the outcome or status of the suit and the monetary amounts of
extended contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration
of this Bid for the Village of Key Biscayne.
Firm:
Authorized Signature:
Print or Type Name:
Title:
Date: _______
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FORM 12
LIST OF PROPOSED SUBCONTRACTORS
The undersigned Proposer hereby designates, as follows, all major subcontractors whom they propose to
utilize for the major areas of work for the project. The bidder is further notified that all subcontractors
shall be properly licensed, bondable and shall be required to furnish the Village with a Certificate of
Insurance in accordance with the contract general conditions. Failure to furnish this information shall be
grounds for rejection of the bidder’s proposal. (If no subcontractors are proposed, state “None” on first
line below.)
No. Subcontractor Name & Address Scope of Work License Number
Firm:
Authorized Signature:
Print or Type Name:
Title:
Date: ______
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FORM 13
PERFORMANCE BOND
BY THIS BOND, we, , as Principal,
(the “Contractor”) and , as Surety, are bound to
the Village of Key Biscayne (the “Village”), as Obligee, in the amount of Dollars
($ ) for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into Contract RFP # 2023-07
Comprehensive Landscape and Parks Maintenance Services , awarded on
, 20____, with the Village, which contract documents are by reference incorporated herein and
made a part hereof, and specifically include provision for liquidated and other damages, and for the
purpose of this Bond are referred to as the “Contract.”
NOW, THEREFORE, THE CONDITION OF THIS PERFORMANCE BOND is that if Contractor:
1. Performs the Contract between Contractor and Village for the services defined in the Contract,
the Contract being made a part of this Bond by reference, at the times and in the manner
prescribed in the Contract; and
2. Pays the Village all losses, damages, liquidated damages, expenses, costs, and any and all
attorney’s fees, including for appellate proceedings, that the Village sustains as a result of default
by Contractor under the Contract; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time
specified in the Contract, THEN THIS BOND WILL BE VOID. OTHERWISE, IT WILL REMAIN IN FULL
FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS:
4. Whenever Contractor is, and declared by the Village to be, in default under the Contract, the
Village having performed the Village’s obligations, the Surety may promptly remedy the default
or will promptly:
a. Complete the services defined in the Contract in accordance with the terms and
conditions of the Contract; or
b. Obtain a bid or bids for completing the services defined in the Contract in accordance
with the terms and conditions of the Contract, and upon determination by Surety of the
lowest responsible bidder, or if the Village elects, upon determination by the Village and
Surety jointly of the lowest responsible bidder, arrange for a contract between such
bidder and the Village, and make available as work progresses (even though there should
be a default or a succession of defaults under the Contract of completion arranged under
this paragraph) sufficient funds to pay the cost of completion less the balance of the
Contract Price, but not exceeding, including other costs and damages for which the Surety
may be liable hereunder, the amount set forth in the first paragraph hereof. The term
“balance of the Contract Price,” as used in this paragraph, will mean the total amount
payable by the Village to Contractor under the Contract and any amendments thereto,
less the amount properly paid by the Village to Contractor.
IT IS FURTHER AGREED THAT no right of action will accrue on this Bond to or for the use of any
person or corporation other than the Village; an
IT IS FURTHER AGREED THAT the Surety hereby waives notice of and agrees that any changes in
or under the Contract and compliance or noncompliance with any formalities connected with the Contract
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or the changes does not affect Surety’s obligations under this Bond.
Signed and sealed this day of , 20 .
FOR THE CONTRACTOR:
WITNESS:
Secretary Name of Corporation
By:
(Affix Corporate Seal) Print Name:
Title:
FOR THE SURETY:
WITNESS:
Agent and Attorney-in-Fact
Print Name:
Title:
Address:
Telephone: _______
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FORM 14
PAYMENT BOND
BY THIS BOND, we, , as Principal,
(the “Contractor”) and , as Surety, are bound to
the Village of Key Biscayne (the “Village”), as Obligee, in the amount of Dollars
($ ) for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into Contract RFP # 2023-07
Comprehensive Landscape and Parks Maintenance Services , awarded on
, 20___, with the Village, which contract documents are by reference incorporated herein and
made a part hereof, and specifically include provision for liquidated and other damages, and for the
purpose of this Bond are referred to as the “Contract.”
NOW, THEREFORE, THE CONDITION OF THIS PAYMENT BOND is that if Contractor:
1.Pays the Village all losses, damages, liquidated damages, expenses, costs, and any and all attorney’s
fees, including for appellate proceedings, that the Village sustains as a result of default by Contractor
under the Contract; and
2.Promptly makes payment to all claimants as defined by Section 255.05(1), Florida Statutes, for all
labor, materials, and supplies used directly or indirectly by Contractor in the performance of the
Contract.
THEN CONTRACTOR’S OBLIGATION WILL BE VOID. OTHERWISE, IT WILL REMAIN IN FULL FORCE
AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS:
a. A claimant, except a laborer, who is not in privity with Contractor and who has not
received payment for its labor, materials, or supplies will within forty-five (45) days after
beginning to furnish labor, materials, or supplies for the prosecution of the Work, furnish
to Contractor a notice that he/she intends to look to the Bond for protection.
b. A claimant who is not in privity with Contractor and who has not received payment for its
labor, materials, or supplies will, within ninety (90) days after performance of the labor
or after complete delivery of the materials or supplies, deliver to Contractor and to the
Surety, written notice of the performance of the labor or delivery of the materials or
supplies and of the nonpayment.
c. No action for the labor, materials, or supplies may be instituted against Contractor or the
Surety unless the notices stated under the preceding conditions 2(a) and 2(b) have been
given.
d. Any action under this Bond must be instituted in accordance with the longer of the
applicable notice and time limitation provisions prescribed in Section 255.05(2) or 95-11,
Florida Statutes.
IT IS FURTHER AGREED THAT the Surety hereby waives notice of and agrees that any changes in
or under the Contract and compliance or noncompliance with any formalities connected with the Contract
or the changes does not affect Surety’s obligations under this Bond.
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Signed and sealed this day of , 20 .
FOR THE CONTRACTOR:
WITNESS:
Secretary Name of Corporation
By:
(Affix Corporate Seal) Print Name:
Title:
FOR THE SURETY:
WITNESS:
Agent and Attorney-in-Fact
Print Name:
Title:
Address:
Telephone: _______
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FORM 15
PROPOSAL SECURITY
ATTACH CASHIER’S CHECK
OR
PROPOSAL BOND
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FORM 16
INSURANCE AND LICENSE CERTIFICATES
VILLAGE OF KEY BISCAYNE
BIDDER’S REPRESENTATION
COMPREHENSIVE LANDSCAPE AND PARK MAINTENANCE SERVICES
Proposal of
(Name)
(Address)
to furnish all materials, equipment, and labor and to perform all work in accordance with the
Contract Documents for:
COMPREHENSIVE LANDSCAPE AND PARK MAINTENANCE SERVICES
(“THE PROJECT”)
TO: Village of Key Biscayne
Attn: Village Clerk
88 West McIntyre Street, Suite 220
Key Biscayne, Florida 33149
The undersigned, as Bidder, hereby declares that the only person or persons interested in the Bid, as
principal or principals, is or are named herein and that no other person than herein mentioned has
any interests in the Bid or the Contract to which the Work pertains; that this Bid is made without
connection or arrangement with any other person, company, or parties making Bids or Proposals and
that the Bid is in all respects fair and made in good faith without collusion or fraud.
The Bidder further declares that he or she has examined the geographic location and sites of the
Work; that he has made sufficient investigations to fully satisfy himself that such sites are suitable for
this Work; and he assumes full responsibility therefore; that he has examined the specifications for
the Work and from his own experience or from professional advice that the specifications are
sufficient for the Work to be done and he has examined the other Contract Documents relating
thereto, including the Instructions to Bidders, the Contract, Bid, Detailed Scope of
Work/Specifications, Qualification Statement, Public Entity Crime Form, and Insurance requirements
and he has read all addenda prior to the opening of Bids, and that he has satisfied himself fully,
relative to all matters and conditions with respect to the Work to which this Bid pertains.
The Bidder proposes and agrees, if this Bid is accepted, to timely execute the Contract with the Village
in the form attached and to furnish all necessary materials, all equipment, all necessary machinery,
tools, apparatus, means of transportation, and labor necessary to complete the Work specified in
the Bid and the Contract, and called for by the drawings and specifications and in the manner
specified and to timely submit all required bonds and insurance certificates.
NOTE: THIS SCHEDULE OF BID ITEMS IS MERELY ILLUSTRATIVE OF THE MINIMUM AMOUNT/QUANTITY
OF WORK TO BE PERFORMED UNDER THE CONTRACT. IN THE CASE OF ANY CONFLICT BETWEEN THIS
SCHEDULE OF BID ITEMS AND THE DETAILED SPECIFICATIONS, THE DETAILED SPECIFICATIONS WILL
PREVAIL.
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The Bidder further proposes and agrees to comply in all respects with the time limits for commencement
and completion of the Work as stated in the Contract.
The Bidder agrees to execute the Contract and furnish the executed Contract, all required bonds,
insurance certificates, and other required information to Village within ten (10) ten calendar days after
written notice of the Award of Contract. Failure on the part of the Bidder to timely comply with this
provision shall give Village all rights and remedies set forth in the Instructions to Bidders.
The undersigned agrees to accept as full compensation therefore the total of the lump sum prices and
extended unit prices items named in the following schedule. It is understood that the unit prices
quoted or established for a particular item are to be used for computing the amount to be paid to the
Contractor, based on the Work actually performed as determined by the Contract and the Village.
However, in utilizing the schedule, the Bidder agrees that in no event shall compensation paid to the
Bidder under the Contract exceed the dollar amount of the Bidder's Bid amount, as set forth in the
attached Bid.
It is intended that all Work to be performed under this Bid shall commence approximately thirty (30)
days after Contract execution.
In no event shall Village be obligated to pay for Work not performed or materials not furnished. Bidder's
Certificate of Competency No.
Bidder's Occupational License No.
WITNESS:
By: ____
Signature of Authorized Agent
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RE: BrightView Landscapes, LLC
To Whom It May Concern:
BrightView Landscapes, LLC has a self-insured retention (SIR) on the following insurance policy:
General Liability in the amount of $3,000,000.
The General Liability policy, with ACE American Insurance Company, has the following limits of
insurance:
$2,000,000 Each Occurrence
$5,000,000 Products & Completed Operations Aggregate
$5,000,000 General Aggregate
BrightView Landscapes, LLC (BrightView) is the largest publicly traded landscape contractor and
service provider in the nation with revenues in excess of $2 billion. As a national landscape
contractor and service provider, purchasing insurance for its large volume of work, BrightView
elects to have large deductibles or self-insured retentions to control premium costs. BrightView
and its legacy companies have had large deductibles and/or self-insured retentions for over
thirteen years and have always paid all amounts owed. Self-insured costs are projected by an
independent actuary, budgeted, and reserved for on the company’s balance sheet. The insurance
companies insuring BrightView under deductible programs and/or providing coverage excess of
the company’s self-insured retention are financially sound and responsible for payment of losses
within their layer of coverage.
All General Liability claims are handled by the third-party administrator (“TPA”), *DOODJKHU
%DVVHWW. *DOODJKHU%DVVHWW pays the claims using an escrow fund that BrightView provides as
part of its administration services. Any General or Product liability claim that would exceed the
$3,000,000 SIR, is fully insured by ACE American Insurance Company beyond the SIR amount.
Furthermore, for the Workers Compensation coverage afforded by ACE American Insurance
Company, there is a $1,000,000 per occurrence deductible.
Best Regards,
Aon Risk Solutions
Sean Dent
Account ([HFXWLYH
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FORM 17
COMPANY QUALIFICATION QUESTIONNAIRE
The undersigned guarantees the truth and accuracy of all statements and answers herein contained.
1. How many years has your organization been in business as a General Contractor?
_____________________________________________________________________________________
2. What is the last project of this nature you have completed?
_____________________________________________________________________________________
3.Name three individuals or corporations for which you have performed work and to which you refer:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
4.List the following information concerning all contracts on hand as of the date of submission of this
proposal: (In case of co-venture, list the information for all co-ventures).
NAME OF
PROJECT OWNER
TOTAL
CONTRACT VALUE
CONTRACTED DATE
OF COMPLETION
% COMPLETION
TO DATE
5.Have you personally inspected the proposed work and have you a complete plan for its performance?
_____________________________________________________________________________________
6.Will you sublet any part of this work? If so, please list subcontractors in FORM 12, LIST OF PROPOSED
SUBCONTRACTORS.
_____________________________________________________________________________________
7. What equipment do you own that is available for the work?
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
8. What equipment will you purchase for the proposed work?
_____________________________________________________________________________________
_____________________________________________________________________________________
9. What equipment will you rent for the proposed work?
_____________________________________________________________________________________
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_____________________________________________________________________________________
11. The following is given as a summary of the Financial Statement of the undersigned: (List Assets
and Liabilities, Balance Sheet and use insert sheet if necessary.)
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
12. Have you made a site visit? __________ Yes, __________ No
How soon after award can you begin work? _____________________ Days.
13. Number of years’ experience the Bidder has had in providing similar services: ___________Years
14. List any licenses, permits or certifications, etc., you hold for performing this type of work:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
How did you hear about the RFP? Indicate if it was via the Village’s website, internet search, DemandStar,
newspapers, email, etc. The Village of Key Biscayne is always looking for ways to improve its services.
_____________________________________________________________________________________
The Bidder understands that the information contained in these proposal pages is to be relied upon by
the Village in awarding the proposed contract, and such information is warranted by the Bidder to be true.
The Bidder agrees to furnish such additional information, prior to acceptance of any proposal relating to
the qualifications of the Bidder, as may be required by the Village.
Please review the Bidder Proposal Page to make sure all questions have been answered. Attach additional
sheets if necessary. Failure to answer each question could result in the disqualification of your bid.
Authorized Signature: Print or Type Name:
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AGREEMENT DOCUMENTS
The Agreement located in this Section for Comprehensive Landscape and Parks Maintenance Services
within the Village is the form of the agreement that shall be utilized with the successful proposer. The
Village reserves the right to award or not to award the Agreement in the best interests of the Village.
[THIS SPACE INTENTIONALLY LEFT BLANK]
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VILLAGE OF KEY BISCAYNE, FLORIDA
RFP NO. 2023-07
INDEX
AGREEMENT DOCUMENTS:
SECTION 1 TERM AND TERMINATION
SECTION 2 SCOPE OF WORK
SECTION 3 STANDARDS OF WORK
SECTION 4 STANDARDS OF CONTRACTOR
SECTION 5 STANDARD OF LABOR AND MATERIALS
SECTION 6 STANDARDS OF INSURANCE
SECTION 7 STANDARDS OF PERFORMANCE & PAYMENT SECURITY
SECTION 8 GENERAL CONDITIONS
SECTION 9 EXHIBIT FORMS
• Cover Sheet
• Exhibit A: Certificate of Insurance
• Exhibit B: Fee Schedule
• Exhibit C: Contractor’s Subcontractors List
• Exhibit D: Transition Plan
• Exhibit E: Performance & Payment Security
• Exhibit F: Performance Evaluation Criteria
• Exhibit G: Landscape Maintenance Areas
• Exhibit H: Litter and Debris Control Work Cycle
• Statement of Financial Stability
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AGREEMENT BETWEEN
THE VILLAGE OF KEY BISCAYNE AND
___________________________________________________
FOR
COMPREHENSIVE LANDSCAPE AND PARKS MAINTENANCE SERVICES
THIS AGREEMENT (this “Agreement”) is made effective as of the __ day of ____________,
2023 (the “Effective Date”), by and between the VILLAGE OF KEY BISCAYNE, FLORIDA, a Florida municipal
corporation, whose principal address is 88 West McIntyre Street, Key Biscayne, Florida 33149
(hereinafter the “VILLAGE”), and _______________________________________ , whose address
is __________________________________ (hereinafter, the “CONTRACTOR”).
The following exhibits are incorporated herein and made a part of this Agreement:
Exhibit A: Certificate of Insurance
Exhibit B: Fee Schedule
Exhibit C: Contractor’s Subcontractors List
Exhibit D: Transition Plan
Exhibit E: Performance & Payment Security
Exhibit F: Performance Evaluation Criteria
Exhibit G: Landscape Maintenance Areas (Figure 2.2.A and Figure 2.2.B)
Exhibit H: Litter and Debris Control Work Cycle (Figure 3.2.A and Figure 3.2.B)
WITNESSETH:
WHEREAS, VILLAGE solicited proposals from proposers to perform Comprehensive Landscape and
Parks Maintenance Services; and
WHEREAS, proposals were evaluated and ranked by a Selection Committee and a
recommendation was made to the Village Manager; and
WHEREAS, on _______________________, VILLAGE adopted Resolution No. _______, which
ratified or altered the ranking of proposals for Comprehensive Landscape and Parks Maintenance Services
and authorized the appropriate Village officials to execute an Agreement with the number one ranked
proposer; and
WHEREAS, Village Council has selected CONTRACTOR to perform Comprehensive Landscape and
Parks Maintenance Services, on an ongoing, or as needed basis, and at the sole discretion of VILLAGE; and
WHEREAS, VILLAGE and CONTRACTOR desire to enter into an Agreement whereby the duties and
obligations each to the other are set forth.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein,
the Contractor and the Village agree as follows:
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SECTION 1
TERM AND TERMINATION
1. TERM
The term of this Agreement shall begin on the date that it is fully executed and shall extend three
(3) years, with two optional one (1) year renewal by mutual consent, in writing, prior to the
expiration of the current term. This provision in no way limits either party’s right to terminate this
Agreement at any time during the initial term or any extension thereof, pursuant to Section 1.2 of
this Agreement.
2. TERMINATION
This Agreement may be terminated for cause by action of the Village Council if CONTRACTOR is in
breach and has not corrected the breach within 5 days after written notice from VILLAGE identifying
the breach, or for convenience by action of the Village Council upon not less than 5 days written
notice by the Village Manager. This Agreement may also be terminated by the Village Manager upon
such notice as the Village Manager deems appropriate under the circumstances in the event the
Village Manager determines that termination is necessary to protect the public health, safety, or
welfare.
3.This Agreement may be terminated for cause by CONTRACTOR if VILLAGE is in breach and has not
corrected the breach within 90 days after written notice from CONTRACTOR identifying the breach.
4.Termination of this Agreement for cause shall include but not be limited to, failure to suitably
perform the services, failure to continuously perform the services in a manner calculated to meet
or accomplish the objectives of VILLAGE as set forth in this Agreement or multiple breaches of the
provisions of this Agreement notwithstanding whether any such breach was previously waived or
cured.
5.Notice of termination shall be provided in accordance with Section 6.14(G.) NOTICES of this
Agreement except that notice of termination by the Village Manager which the Village Manager
deems necessary to protect the public health, safety or welfare may be verbal notice which shall be
promptly confirmed in writing in accordance with Section 6.14(G.) NOTICES of this Agreement.
6.In the event this Agreement is terminated for convenience, upon being notified of VILLAGE’S
election to terminate, CONTRACTOR shall refrain from performing further services or incurring
additional expenses under the terms of this Agreement. CONTRACTOR acknowledges and agrees
that Ten Dollars ($10.00) of the compensation to be paid by VILLAGE, the adequacy of which is
hereby acknowledged by CONTRACTOR, is given as specific consideration to CONTRACTOR for
VILLAGE’S right to terminate this Agreement for convenience.
7.In the event this Agreement is terminated, any compensation payable by VILLAGE shall be withheld
until all documents are provided to VILLAGE pursuant to the Agreement. In no event shall VILLAGE
be liable to CONTRACTOR for any additional compensation, other than that provided herein, or for
any consequential or incidental damages.
8.This Agreement may be terminated by the VILLAGE if the CONTRACTOR is found to have submitted
a false certification, Form 10, Scrutinized Companies, has been placed on the Scrutinized Companies
that Boycott Israel List, or is engaged in a boycott of Israel, has been placed on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria.
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SECTION 2
SCOPE OF WORK
1. INTENT
A. The Village is requesting proposals from qualified firms for Comprehensive Landscape and Parks
Maintenance Services under a continuing services contract. The Contractor shall provide all
labor, supervision, equipment, supplies, tools, materials, and all other necessary incidentals
required to perform complete maintenance and operations of the Village’s rights-of-way,
landscape buffers, parks, and Village properties, including but not limited to the; maintenance
of parks landscaping and irrigation ; litter, trash and recyclables collection; receptacle
maintenance throughout the Village; turf mowing, edging, cleanup, shrubs, hedges, small trees
and palms under 10 feet in height, fertilization, disease and pest management, application of
herbicides, turf renovations, irrigation, and debris cleanup.
B. The following activities are not included in the scope of work: pruning or removal of trees and
palms 10 feet or more in height, building maintenance, parking lot and asphalt repairs, light
pole repairs and maintenance, sidewalk repairs and maintenance.
2. LANDSCAPE MAINTENANCE AREAS
A list of the containing Village rights-of-way, parks, landscape buffers, and Village facilities in each
Landscape Maintenance Areas listed in Table 2.2(A) and Table 2.2 (B) and shown in Figure 2.2.A –
Landscape Maintenance Area East, and Figure 2.2.B – Landscape Maintenance Area West provided
in Exhibit G.
TABLE 2.2(A) – Landscape Maintenance Area East
Area Street From To Approximate Limits/Area Parameters (+ or -)
1 Crandon Blvd
Calusa Pk
circle south
Harbor Dr 95' each side
Harbor Dr Bill Baggs entrance 75' each side from center medians, including
areas around sidewalk plazas
2 Ocean Lane Dr Crandon
Blvd
Cul De Sac/Island
House entrance 55' each side from center medians, including
beach access path
3 Sonesta
Dr/Ocean Dr Crandon
Blvd
Ocean Dr/Oceana
entrance 40' each side from center line
4 E.Heather Dr Crandon
Blvd
End of
street/Oceana
service entrance
40' each side from center line, including areas
around pump station and bus shelter
5 Ocean Dr E.Enid Dr Galen Dr/Galen
Brakers
75' each side from center median, including
areas around Sunrise sidewalks and FPL vault
6 East Enid Dr Crandon
Blvd
Ocean Dr Northern limits of southern street parking to
northern limits of northern sidewalk
7 Seaview Dr Crandon
Blvd
Cul de sac/Casa Del
Mar entrance 55' each side from centerline, including
beach access path
8 Grapetree Dr Crandon
Blvd
Cul de sac/Casa Del
Mar entrance 55' each side from centerline
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9 Lake & Linear
Parks
Including area between northern limits of E
Enid southern street parking spaces and
northern limits of southern sidewalk
10 Beach Park Including beach access path and area from
beach access path entrance to Beach Park
entrance between eastern edge of Ocean Dr
to Beach Club
TABLE 2.2(B) – Landscape Maintenance Area West
11
Harbor Dr
Crandon
Blvd
200 Harbor Dr 75' each side from center line, including 80'
diameter radius around each of two (2) traffic
circles and all sidewalks
11a W Mashta Dr End of Harbor Dr
(roundabout) 55' each side from center medians
12 Fernwood Rd Harbor Dr Westwood Dr 75' each side from center line, including all
parking spaces/sidewalks and 80' diameter
radius around Westwood intersection traffic
circle (including
13 W Heather Dr Fernwood
Dr
Glenridge Rd Including all parking spaces, pet stations and
sidewalks heading west (right-side) to west
edge of intersection
14
Westwood Dr
Crandon
Blvd
Fernwood Dr 55' each side from centerline, including area
between sidewalk and face of AT &T Building
15 Fernwood
Dr
Harbor Dr (traffic
circle)
55' each side from center line, including 80'
diameter radius around each of two (2) traffic
circles and all sidewalks
16
W Mashta Dr
Crandon
Blvd
Fernwood Dr
(traffic
circle)
65' each side from center line, including 80'
diameter radius around traffic circle, back
flow hedge/grass and all sidewalks
16a Mashta
Fountain
N Mashta Dr 40' each side from center line, including 80'
diameter radius around fountain and all
sidewalks
17 Mariner Dr Island Dr End of small bridge 40' eash side from center line, including area
around entire intersection paver
18 Knollwood Dr Crandon
Blvd
End of Knollwood
Dr
(traffic circle)
40' eash side from center line, including small
bridge and 80' diameter radius around traffic
circle
19 Cape Florida Dr Island Dr East end of Cape
Florida Dr (traffic
40' eash side from center line, including area
around Island Dr intersection and 80'
diameter radius around traffic circle
20
Traffic Circles
West of Crandon Blvd
Sufficient diameter radius around each traffic
circle, as such that all back flows and
surrounding sidewalks are covered 20a -
20l
21 Alendale Rd
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21a Pump Stations W Enid Dr Areas around each pump station
22 Calusa Park
23 Village Green &
Dog Parks
Area between park boundaries and outside
edge of village green track
24 Hampton Park
25 Harbor Park
26 St. Agnes Field
27 Village Green
Field
Area within, and including, Village Green track
28 K-8 Field
29 Government
Center
Areas
Including Community Center, Village Hall, Fire
Rescue, and Paradise Park
30 K-8 School Including 15' buffer extending into
surrounding roads and all sidwalks (inclduing
sidewalk on southern side of W Enid Dr)
31 -
34
Areas Not
Included
in Scope
3. IRRIGATION SYSTEM
The VILLAGE’s irrigation system is comprised of network of the following:
A. A transmission network of underground pipes and valves located within the public rights-of-
way and ranging in size from 2” to 6”.
B. Localized irrigation systems connected to domestic potable water supply.
C. Landscape Irrigation systems which include but not limited to: time clocks, irrigation zones,
lateral (zone) lines, risers, sprinkler heads, electrical wires, valves, valve boxes and controllers.
4. SUPPLEMENTAL SERVICES
Beyond the regular routine landscape and irrigation maintenance of the LMAs, the CONTRACTOR
shall, upon the request and approval by the VILLAGE, provide on an as- needed basis “Supplemental
Services,” for the purposes of plants, shrubs, trees palms installation, and fertilization.
These Supplemental Services shall be based on the unit prices and markup/discount of wholesale
prices provided in Exhibit B of the Agreement, Fee Schedule.
No guarantee is made as to the quantity or frequency of the Supplemental Services and the VILLAGE
reserves the right to have this provided by others.
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SECTION 3
STANDARDS OF WORK
1. INTENT
A.Schedule of Work: On the first business day of each week, the VILLAGE shall furnish to the
CONTRACTOR a list of both priority and routine maintenance Work Orders to be considered for
completion during the following week. The CONTRACTOR shall then provide to the VILLAGE
within three days a preliminary schedule of the work for the following week for review by the
VILLAGE. Upon approval by the VILLAGE, the schedule of work shall become final. In addition,
the VILLAGE reserves the right to direct the CONTRACTOR to rearrange the schedule to meet the
needs of the VILLAGE.
B.Work Cycle: The CONTRACTOR shall perform the Work Cycle as specified herein and within the
defined duration of time. A Work Cycle consists of the completion of all the specified work at
ALL the locations defined in a Landscape Maintenance Area. The types of Work Cycles and
durations for the LMAs are listed below in Table 3.1(B). Each LMA has the same types of Work
Cycles but different areas of coverage/ locations.
TABLE 3.1(B) – Work Cycle
Name of Cycle Duration
Turf Mowing 7/10/14 Calendar days (See Sec 3.3)
Turf Disease and Pest Management 30 Calendar days
Shrubs and Ground Cover Material 30 Calendar days
Hedge Plant Material 90 Calendar days
Litter and Debris Daily
Irrigation Management 30 Calendar days
The CONTRACTOR shall complete the Work Cycle in scope and duration as prescribed in
the Agreement. Any deviation from the requirements of this provision must be approved
by the Village Manager, or the VILLAGE’s designated representative.
C.Chemicals or Fertilizers: The CONTRACTOR shall be prohibited from the use of chemicals or
fertilizers on any site without prior written approval from the VILLAGE. In order to obtain
written approval for chemical or fertilizer use, the CONTRACTOR shall furnish to the VILLAGE, in
writing, the name of the chemical or fertilizer, the manufacturer’s label and the Manufacturer’s
Safety Data Sheet (MSDS).
Commercial fertilizer applicators must be certified by the Department of Agriculture and
Consumer Affairs pursuant to F.S. 482.1562. All commercial fertilizer applicators shall
successfully complete the Florida Department of Environmental Protection’s required training
program. All commercial fertilizer applicators shall apply fertilizers in accordance with the Florida
Department of Environmental Protection through the University of Florida/Institute of Food and
Agricultural Sciences Extension’s “Florida- Friendly Best Management Practices for Protection
of Water Resources by the Green Industries.”
D. Maintenance of Traffic: CONTRACTOR shall be responsible for proper maintenance of traffic
(M.O.T.) in accordance with the standards outlined in the Manual on Uniform Traffic Control
Devices (M.U.T.C.D.) at all times. Pedestrian traffic may be prohibited when appropriate.
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Sufficient and proper safety devices, to include and not be limited to signage, flags, barricades
and cones must be used to stage vehicles and equipment and to protect work sites on or near
roadways and parking lots.
E. Utilities: CONTRACTOR shall be solely responsible for obtaining the locations of underground
utilities when performing work below grade, and for identifying overhead utilities when
performing work above grade. The CONTRACTOR shall be responsible to repair any damage to
overhead and underground utilities caused by their construction activities.
2. LITTER AND DEBRIS CONTROL WORK CYCLE
CONTRACTOR shall at all times, and especially prior to mowing, retrieve and dispose of all litter and
debris throughout the area, including but not limited to palm fronds, tree limbs, branches, leaves,
and berries. This shall include daily monitoring seven days a week of the properties, but not limited
to, grounds, sidewalks, curbs, and gutters, garbage/trash cans, dog waste stations, and disposing of
all litter and debris. If the CONTRACTOR becomes aware of the existence of hazardous wastes
located on the properties, the CONTRACTOR shall immediately notify the VILLAGE. Litter and debris
control work cycle areas are shown in Figure 3.2 provided in Exhibit H.
CONTRACTOR may dispose of litter only (does not include palm fronds, tree limbs, branches, or
other landscaping debris) in Village dumpsters or Village facilities. CONTRACTOR shall be
responsible for the disposal costs of all other landscape related debris collected.
CONTRACTOR shall only dispose of litter collected though work performed in this Agreement in any
Village dumpsters or Village facilities and shall not dispose of any litter or debris collected through
any work performed outside of this Agreement in any Village dumpsters or at any Village facilities.
If the CONTRACTOR chooses to dispose of litter at an alternative off-site location, CONTRACTOR is
responsible for the cost of such disposal.
3. GROUNDS, LANDSCAPE, AND TURF MAINTENANCE
A. Turf Mowing Work Cycle: The CONTRACTOR shall provide a mowing schedule for each week of
service to the VILLAGE on the first business day of the week prior to service and shall be subject
to VILLAGE approval. Mowing wet grass shall be avoided whenever possible. Mower blades
must be kept sharp so that the cut grass edge is clean and not ragged. Mowing patterns shall
be changed frequently to avoid wear. Any grass clippings or other plant debris remaining on the
grass surface shall be removed the same day as the mowing service is performed. Clippings,
mulch or other plant debris must be prevented from entering ponds, lakes, water features, or
drains. In the event that this occurs, the materials shall be removed immediately.
i. St. Augustine Grass: Mow at a minimum of the following frequencies: once every fourteen
(14) days in November, December, January and February; once every ten (10) days in March,
April, May and October; once every seven (7) days in June, July, August and September. The
St. Augustine grass shall be cut to a minimum height of 3 ½” to a maximum height of 4" above
soil level. The St. Augustine grass may be cut when the grass height reaches 5 ¼” and the grass
height shall not exceed 6”. The St. Augustine grass shall be cut often enough such that no
more than 1/3 of the leaf surface is removed during each cutting.
ii. Bahia grass: Mow at a minimum of the following frequencies: once every fourteen (14) days
in November, December, January and February; once every ten (10) days in March, April, May
and October; once every seven (7) days in June, July, August and September. The Bahia grass
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shall be cut to a minimum height of 3 ½” to a maximum height of 4" above soil level. The Bahia
grass may be cut when the grass height reaches 5 ¼” and the grass height shall not exceed 6”.
The Bahia grass shall be cut often enough such that no more than 1/3 of the leaf surface is
removed during each cutting.
iii. Bermuda grass: Mow, with a preference for a reel type mower, at a minimum of once every
two or three days. The Bermuda grass shall be cut to a minimum height of ¾” to a maximum
height of 1" above soil level. The Bermuda grass shall be cut when the grass height reaches 1
¼” and the grass height shall not exceed 1 ½”. The Bermuda grass shall be cut often enough
such that no more than 1/3 of the leaf surface is removed during each cutting.
iv. Zoysia grass: Mow, with a preference for a rotary type mower, at a minimum of once per
week during October thru May and twice per week June thru September. The Zoysia grass
shall be cut to a minimum height of 3 ½” to a maximum height of 4" above soil level. The
Zoysia grass shall be cut often enough such that no more than 1/3 of the leaf surface is
removed during each cutting.
v. Edging: The CONTRACTOR shall trim and properly edge all shrubs and flowerbeds as well as
tree rings, curbs, walks, lighting and all other obstacles in the landscape and remove clippings.
Paved areas (hard edges) shall be edged every mowing with respect to the turf type adjacent
to the edging. Edging of beds and tree rings (soft edging) shall be executed every mowing with
respect to the turf type adjacent to the edging. Damage to property or existing vegetation
caused by improper trimming or edging shall be repaired or replaced within 48 hours at the
CONTRACTOR'S expense.
vi. Cleanup: All sidewalks, walkways, roadways, and other paved areas shall be vacuumed,
swept, or blown off while the mowing, edging or trimming is in process so that the appearance
suffers for the least amount of time. Landscape lighting shall be wiped, blown off or vacuumed
as needed to prevent accumulation of clippings and dead insects. Landscape areas shall be
raked and cleaned of clippings, leaves, sticks, twigs and all litter and debris each time the soft
edging is done. All mowing schedules shall be subject to approval by the VILLAGE. No chemical
edging allowed.
vii. Tire Ruts in Swale Areas: The CONTRACTOR shall tamp and/or replace sod damaged by tire
ruts in swale areas within 48 hours of the daily inspection.
B. Turf Disease and Pest Management Work Cycle: The CONTRACTOR shall adhere to the
following for disease and pest management of all turf grass.
i.The CONTRACTOR shall control or eradicate diseases and infestations by chewing or sucking
insects, leaf miners, fire ants and other pests by spraying affected plants and shrubs with
chemical sprays and combinations of sprays suitable for that particular disease or pest when
the infestation or infection becomes evident and as often thereafter as necessary. All
applications shall be performed by persons holding a valid pesticide application license as
issued by the State of Florida and shall be done in accordance with the pesticide
manufacturer's recommended rates and all applicable Federal, State, County and Municipal
regulations. The CONTRACTOR shall respond within 72 hours after a request or notice from
VILLAGE. The CONTRACTOR shall be fully licensed to spray pesticides and shall use sound
cultural practices that aid in preventing the presence or proliferation of insects and diseases.
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ii.The CONTRACTOR shall maintain all turf, planting beds and tree rings in a weed free condition.
The CONTRACTOR shall apply various herbicides by means of spray type devices to aid in the
control of unwanted weeds and vegetation. All applications shall be performed by persons
holding a valid herbicide application license as issued by the State of Florida and shall be done
in accordance with the herbicide manufacturer's recommended rates and all applicable
Federal, State, County and Municipal regulations. Herbicides shall be used only with prior
written approval by the VILLAGE as to type, location and method of application. The
CONTRACTOR shall exercise extreme care so as not to overspray and affect areas not intended
for treatment. Areas adversely affected by such overspray shall be restored at the
CONTRACTOR'S expense.
iii.The CONTRACOR shall, after a chemical application, remove all signs shall in accordance with
the chemical products’ recommended standards.
4. PLANTS, SHRUBS AND GROUND COVER MAINTENANCE
Plants, Shrub and Ground Cover Maintenance Work Cycle: The CONTRACTOR shall adhere to the
following:
A.All hedge plant material including, but not limited to, green buttonwood, ficus, clusia and
arboricola shall be pruned once every three (3) months or ninety (90) days; all other shrubs and
ground cover material shall be pruned once (1) per month or thirty (30) days to insure the best
shape, health, and character of the individual plant.
B.The entire top of ficus hedges shall be trimmed and may require the use of a scissor lift or bucket
truck. Hand trimming shall be utilized whenever possible to promote lateral plant growth.
Mechanical trimming shall only be utilized when the health or appearance of the plant shall not
be damaged by the mechanical trimmers.
C.Ground cover plants shall be selectively cut back to encourage lateral growth and kept in bounds
and out of other plantings, walkways, lighting, etc. Cuts shall be made with sharp and proper
tools. When cutting parts of branches, leave a living bud at the end of the stub. Make cuts
sufficiently close to parent stem so that the healing can readily start under normal conditions.
5. IRRIGATION SYSTEM MAINTENANCE MANAGEMENT
A.The CONTRACTOR shall be responsible for the operation, maintenance and repair of the
irrigation system which includes but is not limited to the setting and adjusting the time clocks
to ensure proper watering of all plants, shrubs, trees, palms, turf, landscaping, and ground cover
contained within the Landscape Maintenance Areas to provide for a uniform lush green
landscape appearance. Any damage to the irrigation system discovered must be reported to the
VILLAGE immediately.
B.The CONTRACTOR shall have forty-five (45) days from the start of the Agreement to perform an
initial inspection of the irrigation system and provide a report to the VILLAGE of any existing
damage and/or incorrect operation and coverage. The CONTRACTOR shall be responsible for
the proper working of system, as specified herein, after the initial inspection report and
subsequent repairs.
C.The CONTRACTOR shall adjust the irrigation during the various seasons to maintain the uniform
lush green landscape appearance. The CONTRACTOR shall manage and irrigate areas as needed
during periods of little or no rainfall using the irrigation system and/or any supplemental
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watering necessary to keep the plant material, turf, and landscaping in optimum health.
Supplemental watering may require a large portable watering tank, impact sprinklers or
additional hose to be supplied by the CONTRACTOR.
D.The CONTRACTOR shall be responsible for controlling the amount of water used for irrigation.
Damage that results from over-watering or insufficient watering shall be the responsibility of
the CONTRACTOR to repair or replace at the CONTRACTOR’S expense.
E.Irrigation watering schedules must comply with all local, county, regional and State watering
restrictions.
F.The CONTRACTOR shall, within thirty (30) calendar days, fully operate all the irrigation zones
from the irrigation clock and replace, repair or clean all irrigation heads, lateral lines, electrical
wires, valve boxes and controllers as needed. Any equipment damaged by the CONTRACTOR'S
operation shall be replaced at the CONTRACTOR’S expense with the same equipment/part and
by the same manufacturer unless otherwise approved by the VILLAGE.
G. The CONTRACTOR shall perform all irrigation repairs to the lateral lines, risers and sprinkler
heads as required to keep the system operating. For this category of work the VILLAGE shall
reimburse the CONTRACTOR for materials ONLY.
H. The CONTRACTOR shall perform repairs on main lines; pump in-take piping; electrical wires
from zone valves back to the clock; and replace damaged or broken valve boxes. For this
category the VILLAGE shall reimburse the CONTRACTOR for labor and materials.
I. The CONTRACTOR shall provide written report of the following:
1. Once per week, a list of all the irrigation zones clocks serviced.
2. Once per work day, a list of irrigation parts and materials used for repairs.
J. Reimbursable Items: THE CONTRACTOR shall obtain authorization by the VILLAGE prior to
commencement. The CONTRACTOR shall be reimbursed be based markup provided in Exhibit B
of the Agreement, Fee Schedule. See Section 5.3 for details on the required source for wholesale
pricing.
6.SUPPLEMENTAL SERVICES
The CONTRACTOR shall, upon the request and approval by the VILLAGE, provide on an as- needed
basis “Supplemental Services,” for the purposes of: A) plants, shrubs, trees and palms installation;
B) fertilization; and C) application of pest and disease management chemicals to plants, shrubs,
hedges. These Additional Services shall be based on the unit prices provided in Exhibit B of the
Agreement, Fee Schedule.
A. Plants, Shrubs, Trees and Palms Installation
1.All plant material shall be Florida Number One, or better, as provided in the most
current edition of Grades and Standards for Florida Nursery Plants, Parts I and II,
prepared by the Florida Department of Agriculture. For standards not addressed in
the Florida Grades and Standards for Florida Nursery Plants, plant materials shall
conform to the American National Standards Institute (ANSI) Standards Z60.1.
2.All plant material and services shall be guaranteed for a period of 90 days from the
date of planting or service completion. This guarantee may not apply for plants
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damaged by “acts of God,” such as hurricanes, fires, etc., or by vehicular accidents.
3.All planting standards shall comply with the requirements contained in the planting
details in Section 5.
B. Fertilization
A schedule of fertilization dates and fertilizer analysis shall be presented to the VILLAGE prior
to application and shall be subject to VILLAGE approval. The fertilizer used shall be a commercial
grade product and recommended for use on each plant, tree or grass type. Specific
requirements shall be determined by soil test results, soil type and the time of year. Applications
shall proceed continuously once begun until all areas have been completed.
In the event fertilizer is thrown on hard surfaces, it shall be removed immediately to prevent
staining. CONTRACTOR shall have the soil tested a minimum of once every four (4) months to
determine required additives, and more often if necessary to diagnose problem areas. Any
plants, trees or grass damaged by over-fertilization shall be replaced at the CONTRACTOR'S
expense.
All commercial fertilizer applicators shall apply fertilizers in accordance with the Florida
Department of Environmental Protection through the University of Florida/Institute of Food and
Agricultural Sciences Extension’s “Florida-Friendly Best Management Practices for Protection of
Water Resources by the Green Industries.”
1.St. Augustine Grass: St. Augustine turf shall be fertilized with a complete NPK profile.
The CONTRACTOR shall establish a program that shall fertilize all St. Augustine grass
and shall vary with the time of year of the application and the results of soil analysis.
2.Bahia Grass: Bahia grass shall be fertilized with a complete NPK profile. The
CONTRACTOR shall establish a program that shall fertilize all Bahia grass and shall vary
with the time of year of the application and the results of soil analysis.
3.Bermuda Grass: Bermuda grass shall be fertilized with a complete NPK profile. The
CONTRACTOR shall establish a program that shall fertilize all Bermuda grass and shall
vary with the time of year of the application and the results of soil analysis. The
CONTRACTOR shall apply additional fertilizer to treat stressed, worn or high traffic
areas as needed.
4.Zoysia Grass: Zoysia grass shall be fertilized with a complete NPK profile. The
CONTRACTOR shall establish a program that shall fertilize Zoysia grass and shall vary
with the time of year of the application and the results of soil analysis.
5.Plants and Shrubs: The CONTRACTOR shall establish a program that shall fertilize all
plants and shrubs, describing the type of fertilizer required for each type of plant and
the time of year this work shall be undertaken.
6.Palms: The CONTRACTOR shall establish a program that shall fertilize all palms,
describing the type of fertilizer required for each type of palm and the time of year
this work shall be undertaken. The fertilization schedule shall be provided to the
VILLAGE not less than one month prior to application and shall be subject to VILLAGE
approval.
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C. Disease and Pest Management - Application of disease and pest management chemicals to
plants, shrubs, hedges, trees and palms.
1.The CONTRACTOR shall control or eradicate diseases and infestations by chewing or
sucking insects, leaf miners, fire ants and other pests including, but not limited to
white fly, by spraying affected plants and shrubs with chemical sprays and
combinations of sprays suitable for that particular disease or pest when the
infestation or infection becomes evident and as often thereafter as necessary. All
applications shall be performed by persons holding a valid pesticide application
license as issued by the State of Florida and shall be done in accordance with the
pesticide manufacturer's recommended rates and all applicable Federal, State,
County and Municipal regulations. The CONTRACTOR shall respond within 72 hours
after a request or notice from VILLAGE. The CONTRACTOR shall be fully licensed to
spray pesticides and shall use sound cultural practices that aid in preventing the
presence or proliferation of insects and diseases.
2.All planting beds and tree rings shall be maintained in a weed free condition. The
CONTRACTOR shall apply various herbicides by means of spray type devices to aid in
the control of unwanted weeds and vegetation. All applications shall be performed
by persons holding a valid herbicide application license as issued by the State of
Florida and shall be done in accordance with the herbicide manufacturer's
recommended rates and all applicable Federal, State, County and Municipal
regulations. Herbicides shall be used only with prior written approval by the VILLAGE
as to type, location and method of application. The CONTRACTOR shall exercise
extreme care so as not to overspray and affect areas not intended for treatment.
Areas adversely affected by such overspray shall be restored at the CONTRACTOR'S
expense.
3.After a chemical application, all signs shall be removed in accordance with the
chemical products’ recommended standards.
D. Aeration, Verticutting, Topdressing, and Overseeding
On occasion, the VILLAGE may request, Aeration, verticutting and topdressing to provide proper
air and water exchange for maximum growth potential and health of the Bermuda grass as
needed. The topdressing material shall be a mixture similar to the profile of the soil below the
turf as determined by soil analysis. The CONTRACTOR shall also be responsible for topdressing
worn turf areas, depressed turf areas, etc. as needed on an ongoing basis. Overseeding material
shall be with a rye grass blend. The CONTRACTOR shall submit a proposal for these services to
the Village for approval. The topdressing and overseeding material shall be reimbursed to the
CONTRACTOR.
7. PROJECT WORK
Major projects such as turf renovations or drainage replacements shall be done on an as needed
basis and shall be quoted to the VILLAGE by the CONTRACTOR.
8. LIQUIDATED DAMAGES
If, in the opinion of the Village Manager there has been a breach of Agreement, the Village Manager
shall notify the CONTRACTOR, in writing, specifying the basis and reason in which there has been a
breach of Agreement. In the event of a breach by CONTRACTOR, CONTRACTOR shall be liable for
liquidated damages as provided in this Section. Unless otherwise provided in this Section 3.8, there
shall be no cure period of time to avoid the consequences of a breach.
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Liquidated damages not a penalty. CONTRACTOR agrees that the amount of liquidated damages
assessed pursuant to this Section 3.8 is reasonable and does not constitute a penalty. The parties
recognize the difficulty of proving the loss or damage suffered by the VILLAGE due to
CONTRACTOR’s breach. CONTRACTOR acknowledges and agrees that the amount of liquidated
damages approximate the loss anticipated at the time of execution of this Agreement.
A. Turf Mowing Work Cycle
Failure to comply with the provisions for the completion of the Work Cycle for turf mowing in a
Landscape Maintenance Area within the thirty (30) calendar day period shall result in the
liquidated damages as follows:
Fifteen Hundred Dollars ($1500) for each day of delay.
B. Turf Disease and Pest Management
Failure to comply with the provisions for the completion of the Work Cycle for turf management
in a Landscape Maintenance Area within the thirty (30) calendar day period shall result in the
liquidated damages as follows:
Six Hundred Dollars ($600) for each day of delay.
C. Shrubs and Ground Cover Material Work Cycle
Failure to comply with the provisions for the completion of the Work Cycle for shrubs and
ground cover material in a Landscape Maintenance Area within the thirty (30) calendar day
period shall result in the liquidated damages as follows:
Eight Hundred Dollars ($800) for each day of delay.
D. Hedge Plant Material Work Cycle
Failure to comply with the provisions for the completion of the Work Cycle for hedge plant
material in a Landscape Maintenance Area within the ninety (90) calendar day period shall result
in the liquidated damages as follows:
Eight Hundred Dollars ($800) for each day of delay
E. Irrigation Management
Failure to comply with the provisions for the completion of the Work Cycle for irrigation clock
(wet) checks in a Landscape Maintenance Area within the thirty (30) calendar day period shall
result in the liquidated damages as follows:
Six Hundred Dollars ($600) for each day of delay
9. PUBLIC RELATIONS
CONTRACTOR’S positive interaction with VILLAGE residents is essential to the success of this
Agreement. CONTRACTOR shall extend the utmost courtesy to VILLAGE residents at all times.
CONTRACTOR shall make no statements or offer any information concerning VILLAGE activities,
policies and procedures. All resident inquiries shall be directed to the VILLAGE.
10.The CONTRACTOR shall provide 24/7 emergency contact telephone number and respond to
emergency requests after notification by the Village, twenty-four (24) hours a day, seven (7) days a
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week, including all public holidays in accordance with Section 4.14 of this Agreement.
11. DISCOVERY AND NOTIFICATION
If the CONTRACTOR discovers damages, vandalism or theft, the CONTRACTOR shall immediately
notify the VILLAGE and shall file a police report of the occurrence.
12. PROPERTY DAMAGE
Observation of property damage prior to the commencement of work, whether public or private,
shall immediately be reported to VILLAGE. Property damage, whether public or private, caused by
CONTRACTOR during the course of the work shall be immediately reported to VILLAGE, and repaired
by CONTRACTOR at the CONTRACTOR’S expense and at no cost to VILLAGE or Property Owner.
13. WORK ORDER (SERVICE REQUEST) COMPLETION INFORMATION INPUT
The CONTRACTOR shall be responsible to enter/input information on completed work orders
(service requests) into the VILLAGE’s Work Order and Asset Management Software. The typical
information required includes but is not limited to, description of service, date serviced, Village
contract number, location, Village asset serviced (e.g., median, tree, irrigation clock, etc.), and hours
or cost for service. Work Order Completion data input shall be entered no later than 5 working days
after the actual performance of the work order or service request. All work orders entered by the
CONTRACTOR shall be reviewed by the VILLAGE and the work order shall be closed by the VILLAGE
only after completion of the service is verified. Services or work performed by the CONTRACTOR
shall not be considered completed and eligible for payment by the VILLAGE until the Work Order
Completion Information is entered into the VILLAGE’s Work Order System by the CONTRACTOR.
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SECTION 4
STANDARDS OF CONTRACTOR
1. INTENT
CONTRACTOR is an independent contractor and the individuals assigned to work for VILLAGE by
CONTRACTOR are subject to the approval of VILLAGE and shall not be VILLAGE employees.
CONTRACTOR must be fully licensed with all required State and/or local government licenses and
permits and shall comply with all Federal, State and local laws, rules, practices and regulations.
2. FACILITIES
VILLAGE reserves the right to inspect CONTRACTOR’S facilities at any reasonable time, during
normal work hours, without prior notice to determine that CONTRACTOR has a bona fide place of
business and is a responsible CONTRACTOR.
3. IDENTIFICATION
CONTRACTOR will not use or create any badge containing VILLAGE’S name, seal, logo, or any other
reference thereof for identification. CONTRACTOR shall use only a VILLAGE issued identification
badge.
4. EXPERIENCE
A.CONTRACTOR shall have a minimum of five (5) years experience in providing comprehensive
landscape maintenance services of properties and rights-of-way of similar complexity and size
as those owned and managed by the Village. Proposers shall have been in continuous operation
for a minimum of the past five (5) years from the date that the RFP is issued and shall have a
resident branch office in Miami-Dade, MIAMI-DADE or Palm Beach County, Florida. Proposer
shall be fully licensed with all applicable local, state Federal licenses. Relevant experience
includes but is not limited to maintenance of: turf grass; plants, shrubs; installation of turf, grass,
trees and other plant materials; fertilizer and herbicide applications; disease and pest
management; and litter control.
B.Education and/or Work Experience: CONTRACTOR must have at least one full time employee
with a degree in turf management, agronomy, horticulture, a related field or shall demonstrate
equivalent experience to manage this project.
C.Licenses: CONTRACTOR must be fully licensed with all required State and/or Local government
licenses and permits, including, but not limited to, disease and pest control, herbicides,
irrigation, horticultural services, etc.
D.Turf Grass Types: Company shall demonstrate experience in the care and maintenance of
specialty turf grass.
E.Pesticide Certification: CONTRACTOR must have a certified pesticide operator through the State
of Florida, Department of Health and Rehabilitative Services. This individual shall perform any
pesticide applications for this contract.
F.Herbicide Certification: CONTRACTOR must have a certified herbicide operator through the
State of Florida, Department of Health and Rehabilitative Services. This individual shall perform
any herbicide applications for this contract.
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G.Florida Green Industries Certification: CONTRACTOR must have at least one full time employee
who has completed the Florida Green Industries Best Management Practices workshop
dedicated to this contract.
H.Know-the-Flow Certification: CONTRACTOR must have at least one full time employee who has
completed MIAMI-DADE County's "Know -the- Flow" course, Department of Business and
Professional Regulation Course Designation #9624920.
5. RELATIONSHIP CONTACT
CONTRACTOR shall maintain at a minimum one relationship contact for this contract who will
respond to specific VILLAGE requests, twenty-four hours a day, seven days a week, including all
public holidays. The relationship contact shall be available by cellular telephone and shall be
expected to visit the work site as requested by VILLAGE. The relationship contact shall be able to
manage all facets of the contract. The relationship contact must be fluent in English and have
excellent communication skills and be capable of directing all regular maintenance and additional
services and coordinating these with VILLAGE. The relationship contacts shall use his/her experience
and training to prevent, detect and control adverse conditions by physically inspecting the work
area regularly.
6. SUBCONTRACTING WORK
A.Award of Subcontracts and Other Contracts for Portions of Work. CONTRACTOR shall furnish in
writing to VILLAGE the names of persons or entities proposed for each principal portion of the
work. In addition, CONTRACTOR shall not change subcontractors performing any portion of the
work required by this Agreement without prior written approval by VILLAGE.
CONTRACTOR shall be responsible and liable to VILLAGE for all work performed by the
Subcontractors or their employees, agents or contractors, pursuant to this Agreement.
B.Sub-contractual Relations. By listing the names of each as set forth in Exhibit “C”, attached
hereto and made a part hereof, CONTRACTOR shall require each subcontractor, to the extent
the work to be performed by the subcontractor, to be bound to CONTRACTOR by terms of the
Agreement, and to assume toward CONTRACTOR all the obligations and responsibilities which
CONTRACTOR, by this Agreement, assumes toward VILLAGE. Each sub-contract agreement,
between CONTRACTOR and a subcontractor, shall preserve and protect the rights of VILLAGE
under the Agreement with respect to the work to be performed by the subcontractor so that
subcontracting thereof shall not prejudice the rights, and shall allow the subcontractor, unless
specifically provided otherwise in the sub-contract agreement, the benefit of all rights,
remedies and redress against CONTRACTOR that CONTRACTOR, by the Agreement, has against
VILLAGE.
C.Where appropriate, CONTRACTOR shall require each subcontractor to enter into similar
agreements with the subcontractors. CONTRACTOR shall make available to each proposed
subcontractor, prior to the execution of the sub-contract agreement, copies of the Agreement
to which the subcontractor shall be bound, and upon written request of the subcontractor,
identify to the subcontractor terms and conditions of the proposed sub-contract agreement
which may be at variance with the Agreement. Subcontractors shall similarly make copies of
applicable portions of such documents available to their respective proposed subcontractors.
7. DRUG-FREE WORKPLACE
CONTRACTOR continues to implement and maintain a drug-free workplace program, in accordance
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with Section 287.087, Florida Statutes.
8. TRANSITION PLAN
CONTRACTOR shall provide a detailed description of how services will be transitioned under
VILLAGE’S current Agreement to CONTRACTOR. CONTRACTOR is responsible for minimizing any
negative impacts to VILLAGE by ensuring a smooth and orderly transition of service.
Prior to the termination of this Agreement, CONTRACTOR shall use its best efforts to ensure a
smooth and orderly transition of service.
9. ADHERENCE TO VILLAGE POLICY
CONTRACTOR assigned to handle the services outlined in this RFP for the VILLAGE shall adhere to
all VILLAGE policies, procedures and protocols.
10. DISCLOSURE OF RELATIONSHIPS
CONTRACTOR agrees to give VILLAGE written notice of any Relationship, as defined herein, that
CONTRACTOR enters into with VILLAGE or any of its districts, its elected or appointed officials, its
employees or agents, during the period of this Agreement.
A “Relationship” for the purpose of this Section shall include but not be limited to
employer/employee, consultant, contractor, sub-contractor, associate, officer, partnership, joint
venture, ownership greater than one percent, landlord/tenant, or creditor/debtor, gift
donor/recipient in excess of $100.00, past or on-going personal relationships, or joint involvement
with charitable/voluntary activities.
11. EXCLUSIVITY
VILLAGE reserves the right to have comprehensive landscape maintenance services provided by
others. This action will not waive or void any of the terms and conditions in this Agreement.
12. REPAIRS
CONTRACTOR shall obtain all permits and pay all required fees to any regulatory agency having
jurisdiction over any work required to repair or replace damages caused by the CONTRACTOR.
Inspections required by local ordinances during the course of nuisance plant control shall be
arranged as required. Upon completion of the repair work, evidence satisfactory to VILLAGE shall
be furnished to show that all work has been performed in accordance with the applicable
ordinances and code requirements. Permit Fees with supporting documentation shall be
reimbursed by the VILLAGE.
13. RESPONDING TO EMERGENCY REQUESTS
CONTRACTOR shall provide 24/7 emergency contact telephone number and respond to emergency
request after notification by the Village, twenty-four (24) hours a day, seven (7) days a week,
including all public holidays. Emergency repair will require the following response:
A.Contractor acknowledgement of the emergency request within thirty (30) minutes of the phone
call made by VILLAGE or designee. Acknowledgement must be by live telephone conversation
with a CONTRACTOR employee, not a recording or answering service.
B.For Irrigation Emergencies: A technician shall commence work at the affected location within
two (2) hours of request for service. CONTRACTOR shall immediately address the problem and
immediately inform the VILLAGE of the extent of the problem.
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C.For Landscape Emergencies: CONTRACTOR shall commence work at the affected location within
four (4) hours of request for service. CONTRACTOR shall immediately address the problem and
immediately inform the VILLAGE of the extent of the problem.
D.CONTRACTOR shall provide a list of individuals and their contact information to be contacted
for emergency repairs to the VILLAGE and update it immediately whenever any change occurs.
14. FAILURE TO RESPOND
A.Should the CONTRACTOR fail to meet the thirty (30) minutes acknowledgement time or two (2)
hour time requirement to commence irrigation emergency repairs, each failure shall result in
liquidated damages due to the VILLAGE in the amount of One Thousand Dollars ($1,000.00).
B.Should the CONTRACTOR fail to meet the four (4) hour response time to be on-site for
Landscape Emergencies, unless otherwise agreed upon with the VILLAGE, each failure shall
result in liquidated damages due to the VILLAGE in the amount of One Thousand Dollars
($1,000.00).
C.Consistent failure by the vendor to respond to Emergency Service Repairs Requests and Non-
Emergency Service requests within the required response times may, place the CONTRACTOR
in breach of the Agreement. Consistent failure to respond is defined as not responding within
the required response time on two out of four consecutive occurrences.
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SECTION 5
STANDARDS OF LABOR AND MATERIALS
1. PERSONNEL
CONTRACTOR shall provide a sufficient number of supervised staff to complete the duties stated
within the Agreement.
CONTRACTOR shall at all times enforce strict discipline and good order among CONTRACTOR’S
employees/independent contractors and shall not employ on the work site an unfit person or
anyone not skilled in the work assigned to him. Subcontractors, employees or independent
contractors of CONTRACTOR whose work is unsatisfactory to VILLAGE or who are considered by
VILLAGE’S representatives as careless, incompetent, unskilled or disorderly or who use threatening
or abusive language to any person shall be dismissed from work upon notice from VILLAGE and shall
not be employed to perform the work under this Agreement thereafter. No liquor, alcoholic
beverages, smoking or drugs shall be allowed on the site of the work.
A.Supervisor: The CONTRACTOR shall maintain a Lead Technician within the area and within sight
of treatment crews at all times. The Lead Technician shall be fluent in English and shall have
excellent communication skills and be capable of directing all work requested by the VILLAGE.
B.Employee/Independent Contractor or Subcontractor Performance: CONTRACTOR shall employ
(or contract with) personnel competent to perform the work specified herein. VILLAGE reserves
the right to request the removal of a CONTRACTOR’S employee/independent contractor or
subcontractor from performing maintenance on the VILLAGE’S property where such
employee’s/independent contractor’s or subcontractor’s performance or actions, are perceived
as obviously detrimental to VILLAGE.
C.Uniforms: CONTRACTOR shall provide all employees with color coordinated uniforms that shall
be maintained by CONTRACTOR so that all personnel are neat, clean and professional in
appearance at all times. Non-uniform clothing shall not be permitted.
D.Background Checks: Prior to working in the VILLAGE, all managers and employees of the
CONTRACTOR, independent contractors, and subcontractors shall be required to undergo
background checks. A thorough State and national background check that identifies an
individual’s entire criminal history shall be conducted. The analysis of the background check
shall focus only on those offenses that most directly impact both children and adults, which
include but are not limited to the following:
i. Any illegal activity of a sexual nature;
ii. Acts of violence;
iii. Acts of lewd or lascivious behavior;
iv. Drug possession and/or drug distribution; and,
v. Repeated public intoxication.
A background check shall be conducted on new employees prior to employment and on each
employee at annually. All background check related costs shall be the sole responsibility and
expense of the CONTRACTOR. Prior to the beginning of the contract term and at the beginning
of each Village fiscal year (beginning October 1st) the CONTRACTOR shall submit written
certification to the VILLAGE that CONTRACTOR has complied with the Village’s requirement
regarding background checks on all employees. The certifying document shall be signed by the
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authorized officer of the corporation. Should an employee begin service with the CONTRACTOR
after the commencement of the Agreement, during a Village fiscal year, the CONTRACTOR shall,
as soon as reasonably possible, submit a supplemental certifying document regarding a
background check on the new employee. Maintenance, ownership, and control of all
background check records and information generated, received, possessed and stored shall be
the sole responsibility of the CONTRACTOR, and shall be retained for a period of not less than
three years. Failure to perform a state and national criminal background check in accordance
with the rules above shall be cause for termination of the Agreement.
2. EQUIPMENT
A.Vehicles: CONTRACTOR shall keep all vehicles in good repair, free from leaking fluids, properly
registered, of uniform color and shall bear the company name on each side in not less than 1
½” letters.
B.Equipment Safety: CONTRACTOR shall keep all equipment in an efficient and safe operating
condition while performing work under this Agreement. Equipment shall have proper safety
devices maintained at all times while in use. If equipment does not contain proper safety devices
and/or is being operated in an unsafe manner, the VILLAGE may direct the CONTRACTOR to
remove such equipment and/or the operator until the deficiency is corrected to the satisfaction
of the VILLAGE. The CONTRACTOR shall be responsible and liable for injury to persons and
property caused by the operation of the equipment.
C.Test Equipment Calibration: CONTRACTOR shall use only test equipment that are in proper
working condition and have been calibrated as required by the manufacturer.
D.Storage: The VILLAGE shall not provide facilities at which the CONTRACTOR may store
equipment. The CONTRACTOR shall be responsible for mobilization and setup, and
demobilization and breakdown, each day.
E.Storage during a Disaster Preparedness and Response: The CONTRACTOR shall assist the
VILLAGE in responding to disaster events within the VILLAGE. There are no office and storage
facilities available; however the CONTRACTOR may stage their equipment inside of Village
Green Park, with the VILLAGE’s prior authorization, up to 48 hours prior to a storm event.
3. IRRIGATION PARTS, CHEMICAL AND FERTILIZERS
A.The CONTRACTOR shall base all costs for irrigation, chemicals, fertilizers and other supplies on
the current supplier wholesale price list as provided to the VILLAGE by SiteOne Landscape
Supply Catalog: “Wholesale.”
B.The VILLAGE reserves the right to request an updated wholesale price list every three (3)
months.
C.The VILLAGE also reserves the right to add or delete items from the wholesale price list.
D.The CONTRACTOR shall submit the markup or discount percentage in Exhibit B, Fee Schedule.
The markup or discount shall be calculated on the wholesale price (See 5.3(A)) of supplies or
materials only. Markup shall include the cost of taxes and delivery.
E.Labor costs contained within Exhibit B shall provide for excavation and planting costs.
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F.The VILLAGE, in its sole discretion, reserves the right to purchase materials for Supplemental
Work directly from the CONTRACTOR or another vendor of the VILLAGE’s choice.
4. TREES, PALMS AND PLANTS PRICING
A.All trees and plants must be Florida Grade #1 or better. Prices for trees or plants shall be
“unplanted” with a markup calculated on the wholesale price of supplies or materials only and
shall cover the cost of taxes and delivery. The CONTRACTOR shall submit the markup or discount
percentage in Exhibit B, Fee Schedule. The markup or discount shall be calculated on the
wholesale price of materials only.
B.Cost for trees and plants shall be based on the then current Betrock Information Systems
“PlantFinder” - Wholesale Guide to Foliage and Ornamental Plants.
C.Labor costs contained within Exhibit B, Fee Schedule, shall provide for excavation and planting
costs. All sod must be priced “as installed.”
D.The VILLAGE, in its sole discretion, reserves the right to purchase materials for Supplemental
Work directly from the CONTRACTOR or another vendor of the VILLAGE’s choice.
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5. PLANT SPECIFICATION AND DETAIL
Figure 5.5(A) – LARGE TREE & PALM PLANTING DETAIL
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Figure 5.5(B) – MULTI-STEM PLANTING DETAIL
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Figure 5.5(C) – SHRUB PLANTING DETAIL
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Figure 5.5(D) – SMALL TREE PLANTING DETAIL
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Figure 5.5(E) –SOD AND GROUND COVER PLANTING DETAIL
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Figure 5.5(F) – LARGE TREE & PALM PLANTING DETAIL II
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SECTION 6
STANDARDS OF INSURANCE
1. INSURANCE
A.The policies of insurance shall be placed with insurance carriers authorized to do business by
the Insurance Department of the State of Florida, and meet a minimum financial rating by AM
Best Company of no less than “A- Excellent: FSC VII”; and,
B.VILLAGE shall be named as additional insured on all policies except worker’s compensation and
professional liability; and,
C.The additional insured status for VILLAGE for general liability and for completed operations shall
be maintained for this Agreement for five years following the completion of all services,
pursuant to this Agreement or no more restrictive than the Insurance Services office (ISO) form
CG 2037 (07 04).
D.Any person, organization, vehicle, equipment, or other person or property fulfilling this
Agreement is bound by these insurance requirements.
E.Any changes to these specifications shall be at the sole and exclusive discretion of VILLAGE.
F.VILLAGE retains the right to review, at any time, policies, coverage, applicable
forms/endorsements, and amounts of insurance.
G.CONTRACTOR is responsible for repairing or replacing any damage to structures unless
otherwise addressed within this Agreement.
H.Insurance shall not be suspended, voided or canceled except after 30 calendar days prior
written notice by certified mail, return receipt requested, has been given to VILLAGE, except
the cancellation notice period for non-payment of premiums shall be 10 days.
I.Certificates of Insurance evidencing conditions to this Agreement are to be furnished to Village
of Key Biscayne, 88 West McIntyre Street, Key Biscayne, FL 33149
J.Notices of Accidents (occurrences) and Notices of Claims associated with work being performed
under this Agreement shall be provided to CONTRACTOR’s insurance company and VILLAGE as
soon as practicable after notice to the insured.
K.CONTRACTOR agrees by entering into this written Agreement that the insurance policies
provided will include a Waiver of Subrogation in favor of VILLAGE. CONTRACTOR’S insurance
shall be Primary and non-contributory.
L.CONTRACTOR is responsible for any costs or expenses below deductibles, self- insured
retentions, coverage exclusions or limitations, or coinsurance penalties.
2. SPECIFIC COVERAGE
A.Workers Compensation: CONTRACTOR shall provide statutory workers’ compensation, and
employer’s liability insurance with limits of not less than $1,000,000 per employee per accident,
$1,000,000 disease aggregate and $1,000,000 per employee per disease for all personnel on
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the worksite. If applicable, coverage for the Jones Act and United States Longshoremen and
Harbor workers exposures must also be included. Elective exemptions shall NOT satisfy this
requirement. Certificates evidencing an employee leasing company as employer shall not be
accepted). In the event CONTRACTOR has “leased” employees, CONTRACTOR must provide a
workers’ compensation policy for all personnel on the worksite. All documentation must be
provided for review and approval by VILLAGE. CONTRACTOR is responsible for the Workers’
Compensation of any and all subcontractors, including leased employees, used by
CONTRACTOR. Evidence of workers’ compensation insurance coverage for all subcontractors,
including leased employees, must be submitted prior to any work being performed.
B.Commercial General Liability: CONTRACTOR shall provide evidence of commercial general
liability on an occurrence Form no more restrictive than ISO form CG 2010, and including but
not limited to bodily injury, property damage, contractual liability, products and completed
operations (without limitation), and personal and advertising injury liability with limits of not
less than $1,000,000 each occurrence, and $2,000,000 in aggregate, covering all work
performed under this Agreement.
C.Business Automobile Liability: CONTRACTOR shall provide evidence of business automobile
liability on a standard ISO form and including per occurrence limits of not less than $1,000,000
covering all work performed under this Agreement. Coverage shall include liability for owned,
non-owned & hired automobiles. If private passenger automobiles are used in the business,
they shall be commercially insured.
D.Umbrella or Excess Liability: Umbrella polices are acceptable to provide the total required
general liability, automobile liability, and employers’ liability limits. Umbrella policies shall also
name VILLAGE as additional insured and coverage shall be provided on a “Follow Form” basis.
E.Subcontractors: Insurance requirements itemized in this contract and required of CONTRACTOR
shall be provided on behalf of all subcontractors to cover their operations performed under this
Agreement. CONTRACTOR shall be held responsible for any modifications, deviations, or
omissions in these insurance requirements as they apply to subcontractors.
F.Pollution Liability: For sudden and gradual occurrences or claims made and, in an amount, no
less than $1,000,000 per claim and $3,000,000 in the aggregate arising out of work performed
under this Agreement, including but not limited to, all hazardous materials identified under the
Agreement.
G.Employee Dishonesty Coverage: CONTRACTOR shall provide Employee Dishonesty coverage to
include liability for dishonest acts of the CONTRACTOR’S employees against the VILLAGE
including Theft.
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SECTION 7
STANDARDS OF PERFORMANCE & PAYMENT SECURITY
1. SECURITY REQUIREMENTS
A.Within fourteen days of the Notice of Award by Village Council, CONTRACTOR shall furnish to
VILLAGE performance & payment security in an amount equal to $100,000 or 100% of the total
annual cost (whichever is greater) as security for the faithful performance of Agreement and for
the payment of all persons performing labor and/or furnishing materials in connection with the
Agreement. Bond shall be submitted on Exhibit E provided in the Agreement. The condition of
this obligation is such that, if CONTRACTOR shall promptly and faithfully perform the
Agreement, make payments to all claimants for all labor and material used or reasonably
required for use in the performance of the Agreement, and shall fully indemnify and save
harmless VILLAGE and its agents and/or service provider for all costs and damages that may be
suffered by reason of failure to do so, then this obligation shall be null and void; otherwise it
shall remain in full force and effect.
B.The performance & payment security shall be in the form of a cashier's check payable to “Village
of Key Biscayne” and drawn on a bank, authorized to do business in the State of Florida, or a
surety bond issued by a surety company meeting the qualifications stated in this Section. A copy
of the cashier’s check or surety bond shall be attached as Exhibit E.
C.The surety company issuing the surety bond shall fulfill each of the following provisions, and
CONTRACTOR shall provide evidence to document such fulfillment:
i. The surety company is licensed to do business in the State of Florida.
ii. The surety company holds a valid certificate of authority, authorizing it to write surety
bonds in the State of Florida.
iii. The surety company has twice the minimum surplus and capital required by the
Florida Insurance Code at the time the Agreement is executed.
iv. The surety company is otherwise in compliance with the provisions of the Florida
Insurance Code.
v. The surety company holds a valid certificate of authority issued by the United States
Department of the Treasury under 31 U.S.C. § 9304-9308.
vi. The bond shall contain all provisions required by § 255.05, Florida Statutes, as may
be amended from time to time.
vii. The bond shall be issued by a Florida resident agent.
viii. A surety bond shall be executed by a surety company of recognized standing having
been in business with a record of successful continuous operation for at least five
years.
ix. The surety company shall meet a minimum financial rating by AM Best Company of
no less than “A- Excellent: FSC VII” and shall have at least a minimum policyholders
rating of A- Class VII or higher. In the event that the SURETY COMPANY’S RATING
SHALL DROP, THE SURETY COMPANY SHALL IMMEDIATELY notify VILLAGE.
x. All surety companies are subject to review and approval by VILLAGE and may be
rejected without cause. All bonds signed by an agency shall be accompanied by a
certificate of authority to act.
D.Duration of Security: Performance & payment security shall remain in force until expiration. If
the Agreement is terminated, they shall remain in force for one year from the date of
termination of this Agreement as protection to VILLAGE against losses resulting from improper
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performance of work under the Agreement that may appear or be discovered during that
period.
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SECTION 8
GENERAL CONDITIONS
1. NOTICE TO COMMENCE
No work shall commence until the Notice of Commencement is issued by VILLAGE.
2. EXEMPTION PROHIBITION
CONTRACTOR agrees and acknowledges that CONTRACTOR is prohibited from exempting any
provisions of this Agreement.
3. FAILURE TO COMPLY WITH PROVISIONS
CONTRACTOR agrees and acknowledges that CONTRACTOR’S failure to comply with any provisions
in this Agreement, including but not limited to failing to accurately complete any or all attached
forms and exhibits, may constitute a breach of this Agreement, and may result in termination of this
Agreement.
4. ADDITIONAL SERVICES
If it should become necessary for VILLAGE to request CONTRACTOR to render any additional services
to either supplement the services described in the Agreement or to perform additional work, such
additional work shall be performed only if set forth in an amendment to this Agreement. Any such
additional work shall be by mutual agreement of both parties, negotiated as to price, and approved
by action of Village Council.
5. PERFORMANCE-BASED COMPENSATION
A.The CONTRACTOR’s performance will be reviewed collaboratively with the VILLAGE on a
quarterly basis during each contract year. The VILLAGE will issue a scorecard at the end of each
quarter of the contract year based upon the performance metrics outlined herein.
B.The Performance-Based Compensation Plan will be used to assess the CONTRACTOR’s
performance when determining the amount of the Performance- Based Compensation earned.
The base contract segregates the CONTRACTOR’s profit margin from other cost. The profit
margin is put into the Performance-Based Compensation tool and can be earned in whole or in
part. The Performance- Based Compensation is earned profit and should not in any way be
considered a bonus or gift.
C.The Performance-Based Compensation plan addresses those performance evaluation areas that
are under the control of the CONTRACTOR’s management and area viable for evaluation. If,
after final quarterly review of each contract year, CONTRACTOR receives a cumulative scorecard
of 90 percent or better, the CONTRACTOR shall be paid the full one-quarter (1/4) of its profit
for that quarter. If the CONTRACTOR receives a cumulative scorecard rating of less than 90
percent but greater than 85 percent or better, the CONTRACTOR shall be paid less 10 percent
of one-quarter (1/4) profit to be paid that quarter. If the CONTRACTOR receives a cumulative
scorecard rating of less than 85 percent but greater than 80 percent or better, the CONTRACTOR
shall be paid less 25 percent of one-quarter (1/4) profit to be paid that quarter. If the
CONTRACTOR does not receive a scorecard of 80 percent, the VILLAGE shall retain the Profit
amount owed for the quarter. Two consecutive quarters of a performance evaluation with a
scorecard of 80 percent or below may constitute a breach of this Agreement and may result in
termination of this Agreement.
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D.The parties shall meet quarterly. Quarterly Business Reviews (CONTRACTOR Performance)
meetings are set forth as follows:
• July through September – by end of November
• October through December – by end of February
• January through March – by end of May
• April through June – by end of August
i. Feedback to the CONTRACTOR for deficiencies will be provided as deficiencies are
identified. Deficiencies will be identified verbally or in writing. The CONTRACTOR will
have the opportunity to correct the deficiencies in a timely and responsive manner.
The deficiencies will be forwarded to the contact identified by the CONTRACTOR.
ii. Before an evaluation period is started, the VILLAGE may unilaterally modify the
applicable criteria or place emphasis on an evaluation area. The CONTRACTOR will be
notified of these changes in writing prior to the start of the applicable period and the
Key Performance Indicators (KPIs) will be modified accordingly. Unless the VILLAGE
gives the CONTRACTOR specific written notice of any changes to evaluations areas
five (5) days prior to the state of a new evaluation period, the same evaluation criteria
and wrights listed for preceding period will be used in subsequent periods. The
performance evaluation criteria is provided in Exhibit H.
iii. Unearned Performance-Based Compensation for prior evaluation period will not be
carried over to subsequent evaluation periods and will not be able to be earned later
during the contract period regardless of correction.
E.The amount of compensation payable by VILLAGE to CONTRACTOR shall be based upon the
prices as set forth in Exhibit B, attached hereto and made a part hereof, which amount shall be
accepted by CONTRACTOR as full compensation for all such work performed under this
Agreement. It is acknowledged and agreed by CONTRACTOR that these amounts are the
maximum payable and constitute a limitation upon VILLAGE'S obligation to compensate
CONTRACTOR for its services related to this Agreement. This maximum amount, however, does
not constitute a limitation of any sort, upon CONTRACTOR'S obligation to perform all items of
work required by or which can be reasonably inferred from the Agreement.
F.CONTRACTOR may submit an invoice for compensation, developed and agreed upon by Village
Manager and CONTRACTOR, no more often than on a monthly basis, but only after the services
for which the invoices are submitted have been completed. Invoices shall designate the nature
of the services performed and shall also show a summary of fees with accrual of the total and
credits for portions paid previously. Each statement shall show the proportion of the
guaranteed maximum payment that has been expended through previous billings.
G.Notwithstanding any provision of this Agreement to the contrary, the Village Manager may
withhold, in whole or in part, payment to the extent necessary to protect VILLAGE from loss on
account of inadequate or defective work which has not been remedied or resolved in a manner
satisfactory to the Village Manager. The amount withheld shall not be subject to payment of
interest by VILLAGE.
H.Payment shall be made to CONTRACTOR in accordance with the local government prompt
payment act as stipulated in part VII of Chapter 218, Florida Statutes, by check, electronic funds
transfer (EFT), e-pay or p-card, or other method as determined by VILLAGE in its sole discretion.
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I.Beginning on October 1, 2023, and each October 1st thereafter, CONTRACTOR shall receive an
annual adjustment in the rates that are part of the total Collection element of rates established
in the Rate Structure provided in Exhibit B. The adjustment to the Collection element of costs
in Exhibit B shall be based on the annual change in the April Consumer Price Index - All Urban
Consumers, Not Seasonally Adjusted, All Items, Miami-Fort Lauderdale-West Palm Beach Area,
(the “CPI”), except that the annual adjustment to the costs shall not exceed 4% (increase or
decrease). The CPI is available from the United States Department of Labor, Bureau of Labor
Statistics. The parties acknowledge that fuel costs are reflected in the above referenced CPI,
and therefore there shall be no additional fuel costs adjustments.
6. TAXES
CONTRACTOR shall not be entitled to VILLAGE’S tax-exempt benefits.
7. VERBAL AGREEMENTS
A.No verbal agreement or conversation with any officer, agent, or employee of the VILLAGE,
either before or after execution of the Agreement, shall affect or modify any of the terms or
obligations contained in the Agreement. Any such verbal agreement or conversation shall be
considered as unofficial information and in no way binding upon VILLAGE or CONTRACTOR.
B.The terms, conditions, and pricing of the Agreement can only be altered with an amendment to
the Agreement by action of Village Council.
8. NO CONTINGENCY FEES
CONTRACTOR warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement, and that
it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a
bona fide employee working solely for CONTRACTOR, any fee, Council, percentage, gift or other
consideration contingent upon or resulting from the award or making of this Agreement.
9. ASSIGNMENT; NON-TRANSFERABILITY OF AGREEMENT
A.The Agreement shall not be assigned or transferred. If CONTRACTOR is, or may be, purchased
by or merged with any other corporate entity during the Agreement, the Agreement may be
terminated as a result of such transaction. The Village Manager shall determine whether an
Agreement is to be terminated in such instances.
B.If, at any time during the Agreement, filings, notices or like documents are submitted to any
regulatory agency concerning the potential acquisition of CONTRACTOR, or the sale of a
controlling interest in CONTRACTOR, or any similar transaction, CONTRACTOR shall immediately
disclose such information to VILLAGE. Failure to do so may result in the Agreement being
terminated, at VILLAGE’S sole discretion.
10. COMPLIANCE WITH APPLICABLE LAWS
CONTRACTORS are required to comply with all provisions of federal, state, county and local laws,
ordinances, rules and regulations that are applicable to the services being provided in this
Agreement. Lack of knowledge of CONTRACTOR shall in no way be a cause for relief from
responsibility or constitute a cognizable defense against the legal effects thereof.
11. FAMILIARITY WITH LAWS AND ORDINANCES
CONTRACTOR is familiar with all federal, state and local laws, ordinances, rules and regulations
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which affect those engaged or employed in the provision of such services, or equipment used in the
provision of such services, or which in any way affects the conduct of the provision of such services;
and no plea of misunderstanding will be considered on account of ignorance thereof. If
CONTRACTOR discovers any provisions in the Agreement that are contrary to or inconsistent with
any law, ordinance, or regulation, it shall report the issue to VILLAGE in writing without delay.
12. ADVERTISING
CONTRACTOR agrees not to use this Agreement as a part of any advertising or CONTRACTOR
sponsored publicity without the express written approval of Village Manager or designee.
13. INDEMNIFICATION
A.CONTRACTOR shall indemnify, hold harmless and, at VILLAGE's option, pay for an attorney
selected by VILLAGE, to defend VILLAGE and any of its officers, agents, servants and employees
from and against any and all liability, suits, actions, damages, costs, losses and expenses,
including attorneys' fees, demands and claims for personal injury, bodily injury, sickness,
diseases or death or damage or destruction of tangible property, arising out of any errors,
omissions, misconduct or negligent acts, errors or omissions of CONTRACTOR, its officials,
agents, employees or subcontractors in the performance of the services of CONTRACTOR under
this Agreement, whether direct or indirect and from and against any orders, judgments, or
decrees which may be entered thereon and from and against all costs, damages of every kind
and nature, attorneys' fees, expenses and liabilities incurred in and about the defense of any
such claim and investigation thereof.
B.CONTRACTOR shall indemnify, hold harmless and, at VILLAGE's option, pay for an attorney
selected by VILLAGE, to defend VILLAGE and any of its officers, agents, servants and employees
from and against any and all liability, suits, actions, damages, costs, losses and expenses,
including attorneys' fees, demands and claims sought by third parties related to any alleged
breach of any non-competition of similar provisions.
C.CONTRACTOR shall indemnify VILLAGE and any of its officers, agents, servants and employees,
for all loss, damage, expense or liability including, without limitation, court costs and attorneys'
fees that may result by reason of any infringement or claim of infringement by CONTRACTOR of
any patent, trademark, copyright, trade secret or other proprietary right relating to services
furnished pursuant to this Agreement. CONTRACTOR shall defend and/or settle at its own
expense any action brought against VILLAGE, any of its officers, agents, servants and employees,
to the extent that it is based on a claim that products or services furnished to VILLAGE by
CONTRACTOR pursuant to this Agreement, or if any portion of the services or goods related to
the performance of the service become unusable as a result of any such infringement or claim.
D.CONTRACTOR acknowledges that specific consideration has been paid or shall be paid under
this Agreement for this hold harmless and indemnification provision, and further agrees with
the foregoing provisions of indemnity and with the collateral obligation of insuring said
indemnity.
E.The provisions of this section shall survive the expiration or earlier termination of this
Agreement. To the extent considered necessary by Village Manager and Village Attorney, any
sums due to CONTRACTOR under this Agreement may be retained by VILLAGE until all of
VILLAGE's claims for indemnification pursuant to this Agreement have been settled or otherwise
resolved; and any amount withheld shall not be subject to payment of interest by VILLAGE.
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14. MISCELLANEOUS
A. Ownership of Documents: Unless otherwise provided by law, any and all reports, surveys, and
other data and documents provided or created in connection with this Agreement are and shall
remain the property of VILLAGE. Any compensation due to CONTRACTOR shall be withheld until
all documents are received as provided herein.
B. Audit and Inspection Rights, Retention of Records:
i. VILLAGE shall have the right to audit the books, records and accounts of CONTRACTOR
that are related to this Agreement. CONTRACTOR shall keep such books, records, and
accounts as may be necessary in order to record complete and correct entries related to
this Agreement.
ii. CONTRACTOR agrees to keep such records and accounts as may be necessary in order to
record complete and correct entries as to personnel hours charged for which
CONTRACTOR receives reimbursement. Such records and accounts shall be kept after
completion of the work provided for in this Agreement, for at a minimum, the retention
period required by the Florida Public Records Act (Chapter 119, Florida Statutes) and by
item 340, Disbursement Records: Detail, of the State of Florida General Records Schedule
GS1-SL for State and Local Government Agencies, as may be promulgated from time to
time. Such books and records shall be available at all reasonable times for examination
and audit by VILLAGE.
iii. Such retention of such records and documents shall be at CONTRACTOR’S expense.
iv. If any audit has been initiated and audit findings have not been resolved at the end of the
retention period, the books, records, and accounts shall be retained until resolution of
the audit findings. If the Florida Public Records Act is determined by VILLAGE to be
applicable to CONTRACTOR’S records, CONTRACTOR shall comply with all requirements
thereof; however, no confidentiality or non-disclosure requirement of either federal or
state law shall be violated by CONTRACTOR. Any incomplete or incorrect entry in such
books, records, and accounts shall be a basis for VILLAGE’S disallowance and recovery of
any payment upon such entry.
v. CONTRACTOR shall respond to the reasonable inquiries of successor CONTRACTORS and
allow successor CONTRACTORS to receive working papers relating to matters of
continuing significance.
vi. CONTRACTOR shall provide a complete copy of all working papers to VILLAGE, prior to
final payment by VILLAGE, in accordance with the Agreement for CONTRACTOR’S services.
C. Public Records: CONTRACTOR shall comply with The Florida Public Records Act as follows:
i. Keep and maintain public records that ordinarily and necessarily would be required by
the VILLAGE in order to perform the service.
ii. Upon request by the Village's records custodian, provide the VILLAGE with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time
at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as
otherwise provided by law.
iii. 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 Agreement term.
iv. Upon completion of the Agreement or in the event of termination of the Agreement by
either party, any and all public records relating to the Agreement in the possession of
CONTRACTOR shall be delivered by CONTRACTOR to VILLAGE, at no cost to VILLAGE,
within seven (7) days. All records stored electronically by CONTRACTOR shall be delivered
to the VILLAGE in a format that is compatible with the Village's information technology
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systems. Once the public records have been delivered to the VILLAGE upon completion
or termination of this Agreement, CONTRACTOR shall destroy any and all duplicate public
records that are exempt or confidential and exempt from public record disclosure
requirements.
v. CONTRACTOR’S failure or refusal to comply with the provisions of this Section shall result
in the immediate termination of this Agreement by the VILLAGE.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR’S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-365-5506,
jkoch@keybiscayne.fl.gov OR BY MAIL: Village of Key Biscayne –
Office of Village Clerk, 88 West McIntyre Street, Key Biscayne, FL
33149.
D. Policy of Non-Discrimination: CONTRACTOR shall not discriminate against any person in its
operations, activities or delivery of services under this Agreement. CONTRACTOR shall
affirmatively comply with all applicable provisions of federal, state and local equal employment
laws and shall not engage in or commit any discriminatory practice against any person based on
race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or
mental disability, political affiliation or any other factor which cannot be lawfully used as a basis
for service delivery.
E. Public Entity Crime Act: CONTRACTOR represents that the execution of this Agreement will not
violate the Public Entity Crime Act (Section 287.133, Florida Statutes), which essentially provides
that a person or affiliate who is a contractor, CONTRACTOR or other provider and who has been
placed on the convicted vendor list following a conviction for a Public Entity Crime may not
submit a bid on an contract to provide any goods or services to VILLAGE, may not submit a bid
on a contract with VILLAGE for the construction or repair of a public building or public work,
may not submit bids on leases of real property to VILLAGE, may not be awarded or perform
work as a contractor, proposer, subcontractor, or consultant under a contract with VILLAGE,
and may not transact any business with VILLAGE in excess of the threshold amount provided in
Section 287.017, Florida Statutes, for category two purchases for a period of thirty six (36)
months from the date of being placed on the convicted vendor list. Violation of this section shall
result in termination of this Agreement and recovery of all monies paid hereto and may result
in debarment from VILLAGE’S competitive procurement activities. In addition to the foregoing,
CONTRACTOR further represents that there has been no determination, based on an audit, that
it committed an act defined by Section 287.133, Florida Statutes, as a “public entity crime” and
that it has not been formally charged with committing an act defined as a “public entity crime”
regardless of the amount of money involved or whether CONTRACTOR has been placed on the
convicted vendor list.
F. Third Party Beneficiaries: Neither CONTRACTOR nor VILLAGE intends to directly or substantially
benefit a third party by this Agreement. Therefore, the parties agree that there are no third-
party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim
against either of them. Based upon this Agreement the parties expressly acknowledge that it is
not their intent to create any rights or obligations in any third person or entity under this
Agreement.
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G. Notices: Whenever either party desires to give notice to the other, such notice shall be in
writing, sent by certified United States mail postage, prepaid return receipt requested or by
hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to
the party for whom it is intended at the place last specified. The place for giving notice shall
remain the same as set forth herein until changed in writing in the manner provided in this
section. For the present, the parties designate the following:
VILLAGE: Steven C. Williamson
Village Manager
Village of Key Biscayne
88 West McIntyre Street
Key Biscayne, FL 33326
With a copy to: Chad S. Friedman, Esq.
Village Attorney
Weiss Serota Helfman Cole & Bierman, P.L.
2800 Ponce de Leon Blvd., Suite 1200
Coral Gables, FL 33134
CONTRACTOR:
________________________________________________
________________________________________________
________________________________________________
H. Conflicts: Neither CONTRACTOR nor its employees shall have or hold any continuing or
frequently recurring employment or contractual relationship that is substantially antagonistic
or incompatible with CONTRACTOR’S loyal and conscientious exercise of judgment related to
its performance under this Agreement.
i. CONTRACTOR agrees that none of its officers or employees shall, during the term
of this Agreement, serve as an expert witness against VILLAGE in any legal or
administrative proceeding in which he or she is not a party, unless compelled by
court process. Further, CONTRACTOR agrees that such persons shall not give
sworn testimony or issue a report or writing, as an expression of his or her expert
opinion, which is adverse or prejudicial to the interests of VILLAGE in connection
with any such pending or threatened legal or administrative proceeding. The
limitations of this section shall not preclude CONTRACTOR or any other persons
from representing themselves in any action or in any administrative or legal
proceeding.
ii. In the event CONTRACTOR is permitted to utilize subcontractors to perform any
services required by this Agreement, CONTRACTOR agrees to prohibit such
subcontractors, by written Agreement, from having any conflicts within the
meaning of this section.
I. Materiality and Waiver of Breach: VILLAGE and CONTRACTOR agree that each requirement,
duty, and obligation set forth herein is substantial and important to the formation of this
Agreement and, therefore, is a material term hereof. VILLAGE’S failure to enforce any provision
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of this Agreement shall not be deemed a waiver of such provision or modification of this
Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a
waiver of any subsequent breach and shall not be construed to be a modification of the terms
of this Agreement.
J. Severance: In the event a portion of this Agreement is found by a court of competent
jurisdiction to be invalid, the remaining provisions shall continue to be effective unless VILLAGE
or CONTRACTOR elects to terminate this Agreement. An election to terminate this Agreement
based upon this provision shall be made within seven days after the finding by the court
becomes final.
K. Joint Preparation: The parties acknowledge that they have sought and received whatever
competent advice and counsel as was necessary for them to form a full and complete
understanding of all rights and obligations herein and that the preparation of this Agreement
has been their joint effort. The language agreed to express their mutual intent and the resulting
document shall not, solely as a matter of judicial construction, be construed more severely
against one of the parties than the other.
L. Priority of Provisions: If there is a conflict or inconsistency between any term, statement,
requirement, or provision of any form and exhibit attached hereto, any document or events
referred to herein, or any document incorporated into this Agreement by reference and a term,
statement, requirement, or provision of this Agreement, the term, statement, requirement, or
provision contained in Sections 1 through 8 of this Agreement shall prevail and be given effect.
M. Applicable Law and Venue: Attorney’s Fees and Costs: This Agreement shall be interpreted and
construed in accordance with and governed by the laws of the State of Florida. The parties
submit to the jurisdiction of any Florida state or federal court in any action or proceeding arising
out of, or relating to, this Agreement. Venue of any action to enforce this Agreement shall be in
MIAMI-DADE County, Florida. The parties expressly waive all rights to trial by jury for any
disputes arising from or in any way connected with this Agreement. The parties understand and
agree that this waiver is a material Agreement term. This Agreement is not subject to
arbitration. If any party is required to enforce the terms of this Agreement by court proceedings
or otherwise, whether or not formal legal action is required, each party shall pay its own
attorney's fees and costs.
N. Amendments: No modification, amendment or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with the same or
similar formality as this Agreement.
O. Prior Agreements: This Agreement and its attachments constitute the entire agreement
between CONTRACTOR and VILLAGE, and this document incorporates and includes all prior
negotiations, correspondence, conversations, agreements, and understandings applicable to
the matters contained herein and the parties agree that there are no commitments, agreements
or understandings concerning the subject matter of this Agreement that are not contained in
this document. Accordingly, the parties agree that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements, whether oral or written. It is further
agreed that no modification, amendment or alteration in the terms or conditions contained
here shall be effective unless set forth in writing in accordance with Section7.17 (N.)
Amendments above.
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P. Incorporation by Reference: The truth and accuracy of each “Whereas” clause set forth above
is acknowledged by the parties. The attached Forms and Exhibits are incorporated hereto and
made a part of this Agreement.
Q. Multiple Originals: This Agreement may be fully executed in five (5) copies by all parties each
of which, bearing original signatures, shall have the force and effect of an original document.
R. Headings: Headings are for convenience of reference only and shall not be considered in any
interpretation of this Agreement.
S. Binding Authority: Each person signing this Agreement on behalf of either party individually
warrants that he or she has full legal power to execute this Agreement on behalf of the party
for whom he or she is signing, and to bind and obligate such party with respect to all provisions
contained in this Agreement.
T. Survival of Provisions: Any terms or conditions of this Agreement that require acts beyond the
date of its termination shall survive the termination of this Agreement, shall remain in full force
and effect unless and until the terms of conditions are completed, and shall be fully enforceable
by either party.
U. Truth-in-Negotiation Certificate: Signature of this Agreement by CONTRACTOR shall act as the
execution of a truth-in-negotiation certificate stating that wage rates and other factual unit
costs supporting the compensation of this Agreement are accurate, complete, and current at
the time of contracting.
V. Non-Appropriation of Funds: In the event no funds or insufficient funds are appropriated and
budgeted or are otherwise unavailable in any fiscal year for payments due under this
Agreement, then VILLAGE, upon written notice to CONTRACTOR of such occurrence, shall have
the unqualified right to terminate this Agreement without any penalty or expense to VILLAGE.
W. Default: In the event of a default by CONTRACTOR, CONTRACTOR shall be liable for all damages
resulting from the default. VILLAGE may take advantage of each and every remedy specifically
existing at law or in equity. Each and every remedy shall be in addition to every other remedy
specifically given or otherwise existing and may be exercised from time to time as often and in
such order as may be deemed expedient by VILLAGE. The exercise or the beginning of the
exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other
remedy. VILLAGE’s rights and remedies as set forth in this Agreement are not exclusive and are
in addition to any other rights and remedies available to VILLAGE in law or in equity.
[THIS SPACE INTENTIONALLY LEFT BLANK]
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SECTION 9
EXHIBITS FORMS
[THIS SPACE INTENTIONALLY LEFT BLANK]
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EXHIBIT A
CERTIFICATE OF INSURANCE
[ATTACH CERTIFICATE OF INSURANCE]
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
$RQ_7ZR/RJDQ6TXDUH±1RUWKWK6WUHHW_3KLODGHOSKLD3$ _
2FWREHU
RE: BrightView Landscapes, LLC
To Whom It May Concern:
BrightView Landscapes, LLC has a self-insured retention (SIR) on the following insurance policy:
General Liability in the amount of $3,000,000.
The General Liability policy, with ACE American Insurance Company, has the following limits of
insurance:
$2,000,000 Each Occurrence
$5,000,000 Products & Completed Operations Aggregate
$5,000,000 General Aggregate
BrightView Landscapes, LLC (BrightView) is the largest publicly traded landscape contractor and
service provider in the nation with revenues in excess of $2 billion. As a national landscape
contractor and service provider, purchasing insurance for its large volume of work, BrightView
elects to have large deductibles or self-insured retentions to control premium costs. BrightView
and its legacy companies have had large deductibles and/or self-insured retentions for over
thirteen years and have always paid all amounts owed. Self-insured costs are projected by an
independent actuary, budgeted, and reserved for on the company’s balance sheet. The insurance
companies insuring BrightView under deductible programs and/or providing coverage excess of
the company’s self-insured retention are financially sound and responsible for payment of losses
within their layer of coverage.
All General Liability claims are handled by the third-party administrator (“TPA”), *DOODJKHU
%DVVHWW. *DOODJKHU%DVVHWW pays the claims using an escrow fund that BrightView provides as
part of its administration services. Any General or Product liability claim that would exceed the
$3,000,000 SIR, is fully insured by ACE American Insurance Company beyond the SIR amount.
Furthermore, for the Workers Compensation coverage afforded by ACE American Insurance
Company, there is a $1,000,000 per occurrence deductible.
Best Regards,
Aon Risk Solutions
Sean Dent
Account ([HFXWLYH
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
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EXHIBIT B
FEE SCHEDULE
The CONTRACTOR offers the following prices for providing all labor, supervision, equipment, supplies,
tools, materials, and all other necessary incidentals to perform Comprehensive Landscape Maintenance
Services in accordance with the scope of work.
LANDSCAPE MAINTENANCE AREA EAST
Item Description of Task Number of Cycles/Year Cost per Cycle Annual Total
A1 Turf Mowing (including, but not limited to, edging,
clean up and bush hog)
36
A2 Turf Disease and Pest Management 12
A3 Plant and Shrub Maintenance, 30-day cycle
(including, but not limited to, shrubs, plants, small
trees and palms <10ft)
12
A4 Plant and Shrub Maintenance, 90-day cycle
(including, but not limited to, shrubs, plants,
hedges, small trees and palms <10ft)
4
A5 Irrigation Management (including, but not limited
to, clock tests, settings, adjustments, and minor
repairs)
12
A6 Litter and Debris Control 365
A7 SUBTOTAL (Items 1 thru 6)
Item Description of Task Annual
Estimate
% Markup (+)
or Discount (-)
Total (=Annual
Estimatte x (1
(+/-) %)
A8 Tree and Plants (based on “Betrock’s PlantFinder –
Wholesale Guide to Foliage and Ornamental
Plants”)
$75,000
A9 Miscellaneous building supplies and materials $5,000
A10 Irrigation Parts & Supplies (based on SiteOne
Landscape Supply Catalog: “Wholesale.”
$35,000
A11 Chemicals & Fertilizers $75,000
A12 SUBTOTAL (Items A8 thru A11)
A13 TOTAL (Item A7 +A12)
A14 PROFIT
GRAND TOTAL (Item A13+A14)
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FEE SCHEDULE
The CONTRACTOR offers the following prices for providing all labor, supervision, equipment, supplies,
tools, materials, and all other necessary incidentals to perform Comprehensive Landscape Maintenance
Services in accordance with the scope of work.
LANDSCAPE MAINTENANCE AREA WEST
Item Description of Task Number of Cycles/Year Cost per Cycle Annual Total
B1 Turf Mowing (including, but not limited to, edging,
clean up and bush hog)
36
B2 Turf Disease and Pest Management 12
B3 Plant and Shrub Maintenance, 30-day cycle
(including, but not limited to, shrubs, plants, small
trees and palms <10ft)
12
B4 Plant and Shrub Maintenance, 90-day cycle
(including, but not limited to, shrubs, plants,
hedges, small trees and palms <10ft)
4
B5 Irrigation Management (including, but not limited
to, clock tests, settings, adjustments, and minor
repairs)
12
B6 Litter and Debris Control 365
B7 SUBTOTAL (Items 1 thru 6)
Item Description of Task Annual
Estimate
% Markup (+)
or Discount (-)
Total (=Annual
Estimatte x (1
(+/-) %)
B8 Tree and Plants (based on “Betrock’s PlantFinder –
Wholesale Guide to Foliage and Ornamental
Plants”)
$75,000
B9 Miscellaneous building supplies and materials $5,000
B10 Irrigation Parts & Supplies (based on SiteOne
Landscape Supply Catalog: “Wholesale.”
$35,000
B11 Chemicals & Fertilizers $75,000
B12 SUBTOTAL (Items B8 thru B11)
B13 TOTAL (Item B7 +B12)
B14 PROFIT
GRAND TOTAL (Item B13+B14)
Total Landscape Maintenance for East and West Area $_________________________
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FEE SCHEDULE
The CONTRACTOR offers the following unit prices for providing all labor, materials to install the items
below on a as needed basis as requested by the VILLAGE.
UNIT PRICES FOR MATERIALS - SUPPLEMENTAL WORK
Item Description of Task Unit Cost ($/Unit)
C1 St. Augustine “Palmetto” Sod Square foot
C2 Tifway 419 Sod Square foot
C3 Celebration Bermuda Sod Square foot
C4 Zoysia Sod Square foot
C5 Bahia Sod Square
Foot
C6 Spanish Gold Mulch – 2 cu. Ft bag each
C7 Soil – 50/50 mix Cubic Yard
C8 Soil – 80/20 mix Cubic Yard
C9 Annuals Mix Cubic Yard
C10 Sand Cubic Yard
C11 Bio-Barrier 12” Root Barrier Linear foot
C12 Stump Grinding – 3-person crew plus equipment Hourly
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FEE SCHEDULE
The CONTRACTOR offers the following unit prices for providing all labor, tools, equipment, and MOT to
install the items below on a as needed basis as requested by the VILLAGE.
UNIT PRICES FOR LABOR and EQUIPMENT - SUPPLEMENTAL WORK
Item Description of Task Unit Cost ($/Unit)
D1 Laborer/Groundskeeper Hourly
D2 Irrigation Helper Hourly
D3 Irrigation Technician - Certified Hourly
D4 Large Equipment Operator Hourly
D5 Supervisor/Foreman Hourly
D6 Graduate Horticulturist Hourly
D7 Bobcat w/operator Hourly
D8 Front end loader w/operator Hourly
D9 18 yard dump truck w/driver Hourly
D10 75 ton crane w/operator Hourly
D12 Climber/trimmer Hourly
D13 Chipper truck w/operator Hourly
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EXHIBIT C
CONTRACOR’S SUBCONTRACTORS LIST
CONTRACTOR shall provide a comprehensive list of all sub-contractors (if any) and the work to be
performed.
Item#Sub-Contractor Company Name and Employer
Identification Number Work to be Performed
1
2
3
4
5
6
7
8
9
1$
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EXHIBIT D
TRANSITION PLAN
[ATTACH TRANSITION PLAN]
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EXHIBIT E
PERFORMANCE AND PAYMENT SECURITY
Any singular reference to CONTRACTOR, Surety, VILLAGE or other party shall be considered plural where
applicable.
CONTRACTOR (name and address) SURETY (name & principal address):
_____________________________________ ______________________________________
_____________________________________ ______________________________________
_____________________________________ ______________________________________
VILLAGE :
Village of Key Biscayne
88 West McIntyre Street
Key Biscayne, Florida 33149
AGREEMENT:
Date:________________________
Amount: Services as needed. Not for a fixed amount.
Description: Landscape and Parks Maintenance Services
Location: Village wide
Village of Key Biscayne RFP No. 2023-07
BOND:
Date (not earlier than Agreement Date: __________________________
Amount: $100,000.00 or 100% of the total annual cost (whichever is greater).
Modifications to this Bond: None _____________ See Page(s) _______
CONTRACTOR AS PRINCIPAL SURETY
_____________________________________ ______________________________________
Signature Signature
_____________________________________ ______________________________________
Name Name
_____________________________________ ______________________________________
Title Title
(Any additional signatures please include at the end of this form)
FLORIDA RESIDENT AGENT
____________________________________
Address
____________________________________
Phone
____________________________________
Fax
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EXHIBIT E
PERFORMANCE AND PAYMENT SECURITY (CONT’D.)
1. CONTRACTOR and the Surety, jointly and severally bind themselves, their heirs, executors,
administrators, successors and assigns to VILLAGE for the performance of the Agreement, which is
incorporated herein by reference.
2. If CONTRACTOR performs the Agreement, the Surety and CONTRACTOR shall have no obligation
under this Bond, except to participate in conferences.
3. If there is no VILLAGE Default, the Surety's obligation under this Bond shall arise after:
A. VILLAGE has notified CONTRACTOR and the Surety at its address described in paragraph 10
below that VILLAGE is considering declaring a CONTRACTOR Default and has requested and
attempted to arrange a conference with CONTRACTOR and the Surety to be held not later than
15 days after receipt of such notice to discuss methods of performing the Agreement. If
VILLAGE, CONTRACTOR and the Surety agree, CONTRACTOR shall be allowed a reasonable time
to perform the Agreement, but such an agreement shall not waive VILLAGE'S right, if any,
subsequently to declare a CONTRACTOR Default; and
B. VILLAGE has declared a CONTRACTOR Default and formally terminated CONTRACTOR'S right to
complete the Agreement. Such CONTRACTOR Default shall not be declared earlier than 20 days
after CONTRACTOR and the Surety have received notice of such termination; and
C. VILLAGE has agreed to pay the Balance of the Agreement Price to the Surety in accordance with
the terms of the Agreement or to a CONTRACTOR selected to perform the Agreement in
accordance with the terms of the Agreement with VILLAGE.
4. When VILLAGE has satisfied the conditions of paragraph 3, the Surety shall promptly and at the
Surety's expense take one of the following actions:
A. Arrange for CONTRACTOR, with consent of VILLAGE, to perform and complete the Agreement;
or
B. Undertake to perform and complete the Agreement itself, through its agents or through
independent CONTRACTORS; or
C. Obtain bids or negotiated proposals from qualified CONTRACTORS acceptable to VILLAGE for an
Agreement for performance and completion of the Agreement, arrange for an Agreement to be
prepared for execution by VILLAGE and CONTRACTOR selected with VILLAGE'S concurrence, to
be secured with performance & payment bonds executed by a qualified Surety equivalent to
the bonds issued on the Agreement, and the Balance of the Agreement Price incurred by
VILLAGE resulting from CONTRACTOR's default; or
D. Waive its right to perform and complete, arrange for completion, or obtain a new CONTRACTOR
acceptable to VILLAGE and with reasonable promptness under the circumstances:
i. After investigation, determine the amount for which it may be liable to VILLAGE
and, as soon as practicable after the amount is determined, tender payment
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therefore to VILLAGE; or
ii. Deny liability in whole or in part and notify VILLAGE citing reasons therefore.
5. If the Surety does not proceed as provided in paragraph 4 with reasonable promptness, the Surety
shall be deemed to be in default on this Bond, 15 days after receipt of an additional written notice
from VILLAGE to the Surety demanding that the Surety perform its obligations under this Bond, and
VILLAGE shall be entitled to enforce any remedy available to VILLAGE. If the Surety proceeds,
without proper notice to VILLAGE, VILLAGE shall be entitled to enforce any remedy available to
VILLAGE.
6. After VILLAGE has terminated CONTRACTOR's right to complete the Agreement, and if the Surety
elects to act, then the responsibilities of the Surety to VILLAGE shall not be greater than those of
CONTRACTOR under the Agreement, and the responsibilities of VILLAGE to the Surety shall not be
greater than those of VILLAGE under the Agreement. To the limit of the amount of this Bond, but
subject to commitment by VILLAGE of the Balance of the Agreement Price to mitigation of costs and
damages on the Agreement, the Surety is obligated without duplication for:
A. The responsibilities of CONTRACTOR for correction of defective work and completion of the
Agreement;
B. Additional legal, design professional and delay costs resulting from CONTRACTOR's Default, and
resulting from the actions or failure to act of the Surety under paragraph 4; and
C. Liquidated damages, or if no liquidated damages are specified in the Agreement, actual
damages caused by delayed performance or non-performance of CONTRACTOR.
7. The Surety shall not be liable to VILLAGE or others for obligations of CONTRACTOR that are
unrelated to the Agreement, and the Balance of the Agreement Price shall not be reduced or set off
on account of any such unrelated obligations. No right of action shall accrue on this Bond to any
person or entity other than VILLAGE or its heirs, executors, administrators or successors.
8. The Surety hereby waives notice of any change, including changes of time, to the Agreement or to
related subcontracts, purchase orders and other obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent
jurisdiction in the location in which the work or part of the work is located and shall be instituted
within two years after CONTRACTOR Default or within two years after CONTRACTOR ceased working
or within two years after the Surety refuses or fails to perform its obligations under this Bond,
whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the
minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall
be applicable.
10. Notice to the Surety, VILLAGE or CONTRACTOR shall be mailed or delivered to the address shown
on the signature page.
11. When this Bond has been furnished to comply with a statutory or other legal requirement in the
location where the work was to be performed, any provision in this Bond conflicting with said
statutory or legal requirement shall be deemed deleted here from and provisions conforming to
such statutory or other legal requirement shall be deemed incorporated herein. The intent is that
this Bond shall be construed as a statutory bond and not as a common law bond.
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DEFINITIONS
A. Balance of the Agreement Price: The total amount payable by VILLAGE to CONTRACTOR under the
Agreement after all proper adjustments have been made including allowance to CONTRACTOR of
any amounts received or to be received by VILLAGE in settlement of insurance or other claims for
damages to which CONTRACTOR is entitled, reduced by all valid and proper payments made to or
on behalf of CONTRACTOR under the Agreement.
B. Agreement: The agreement between VILLAGE and CONTRACTOR identified on the signature page,
including all Contract Documents and changes thereto.
C. CONTRACTOR Default: Failure of CONTRACTOR, which has neither been remedied nor waived, to
perform or otherwise to comply with the terms of the Agreement.
D. VILLAGE Default: Failure of VILLAGE, which has neither been remedied nor waived, to pay
CONTRACTOR as required by the Contract or to perform and complete or comply with the other
terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties, other than those appearing on the
cover page.)
CONTRACTOR AS PRINCIPAL SURETY
_____________________________________ ______________________________________
Signature Signature
_____________________________________ ______________________________________
Name Name
_____________________________________ ______________________________________
Title Title
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
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EXHIBIT F
PERFORMANCE EVALUATION CRITERIA
KEY PERFORMANCE INDICATORS Fiscal Year: ____________ Quarter: ____________
Metric Frequency Points Per Metric Points
Earned
4 3 2 1 0
Turf Mowing Work
Cycle Completed On-
Time (%)
Monthly Reporting
with Quarterly
Summary for KPI
Score of 95%
or Better
Score of
90% - 94%
Score of
80% - 89%
Score of
70% - 79%
Score of
69% or
Less
Turf Disease and Pest
Management Work
Cycle Completed On-
Time (%)
Monthly Reporting
with Quarterly
Summary for KPI
Score of 95%
or Better
Score of
90% - 94%
Score of
80% - 89%
Score of
70% - 79%
Score of
69% or
Less
Shrubs and Ground
Cover Material Work
Cycle Completed On-
Time (%)
Monthly Reporting
with Quarterly
Summary for KPI
Score of 95%
or Better
Score of
90% - 94%
Score of
80% - 89%
Score of
70% - 79%
Score of
69% or
Less
Hedge Plant Material
Work Cycle Completed
On-Time (%)
Monthly Reporting
with Quarterly
Summary for KPI
Score of 95%
or Better
Score of
90% - 94%
Score of
80% - 89%
Score of
70% - 79%
Score of
69% or
Less
Irrigation Management
Completed On-Time (%)
Monthly Reporting
with Quarterly
Summary for KPI
Score of 95%
or Better
Score of
90% - 94%
Score of
80% - 89%
Score of
70% - 79%
Score of
69% or
Less
Number of Emergency
Work
Orders Completed On-
Time
Monthly Reporting
with Quarterly
Summary for KPI
Score of 95%
or Better
Score of
90% - 94%
Score of
80% - 89%
Score of
70% - 79%
Score of
69% or
Less
Litter and Debris Work
Cycle Completed On-
Time (%)
Monthly Reporting
with Quarterly
Summary for KPI
Score of 95%
or Better
Score of
90% - 94%
Score of
80% - 89%
Score of
70% - 79%
Score of
69% or
Less
Costs are within Budget
and Contract
Guidelines
Monthly Reporting
with Quarterly
Summary for KPI
Expenditures
90% to budget
or less
(10% savings or
more)
Expenditur
es 91-95%
to budget
(5-9%
savings)
Expenditure
s 96-97% to
budget (3-
4%
savings)
Expenditure
s 98-100%
to budget
(up to
2% savings)
Any %
Above the
Quarterly
Budget
Monthly Billing:
Invoices are accurate
for Labor hours and
rates (actual hours
worked)
Monthly
Reporting with
Quarterly
Summary for KPI
99% or
better
accuracy to
budget
97%-98%
or better
accuracy
to budget
95%-96%
or better
accuracy
to budget
93%-94%
or better
accuracy
to budget
Below 93%
Monthly Billing:
Materials purchases are
in accordance with the
contract
Monthly Reporting
with Quarterly
Summary for KPI
99% or better
accuracy to
budget
97%-98%
or better
accuracy
to budget
95%-96%
or better
accuracy
to budget
93%-94%
or better
accuracy
to budget
Below 93%
Total Points Earned _________
Maximum Points Available: 100
Score (%)
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EXHIBIT G
LANDSCAPE MAINTENANCE AREAS
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E-VERIFY AFFIDAVIT
In accordance with Section 448.095, Florida Statutes, the Village requires all contractors doing business
with the Village to register with and use the E-Verify system to verify the work authorization status of all
newly hired employees. The Village will not enter into a contract unless each party to the contract
registers with and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to
provide proof of the contracting entity’s participation/enrollment in E-Verify, please visit:
https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify
By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida Statutes
and will comply with the E-Verify requirements imposed by it, including but not limited to obtaining E-
Verify affidavits from subcontractors.
☐Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit.
In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: _______ Print Name:
Title:
Witness #2 Print Name: _______ Entity Name:
ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me by means of ☐physical presence or ☐online
notarization, this day of , 20 , by
(name of person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as Commissioned)Personally known to me; or
Produced identification (Type of Identification: )
Did take an oath; or
Did not take an oath
ence of:
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21
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Village of Key Biscayne
Procurement Department
88 West McIntyre Street
Key Biscayne, Florida 33149
Phone (305) 365-7577
procurement@keybiscayne.fl.gov
www.keybiscayne.fl.gov
Page 1 of 17
Addendum No. 1
RFP for Comprehensive Landscape and Parks Maintenance Services
Addendum Release Date March 15, 2023
RFP # 2023-07
RFP Due Date/Time: March 29,2023, 11:30 a.m. Eastern Standard Time
Submit To: DemandStar
https://www.demandstar.com
The purpose of this Addendum is to answer questions received from potential proposers or provide additional
information as it relates to this solicitation.
IMPORTANT NOTE – the following is added to RFP 2023-07. It is the Proposer’s responsibility to use the revised
information when preparing the response.
1. Q: What is the annual budget?
A: Please refer to the following link to download FY23 Adopted Budget.
https://keybiscayne.fl.gov/village_services/finance/budget/index.php
2. Q: Please confirm the Proposal Security (Bid Bond) is for a fix dollar amount of $20,000.00 and not a
percentage of Proposal Total.
A: Proposal security in the form of a proposal bond acceptable to the Village or a cashier’s check made
payable to the “Village of Key Biscayne” in the amount of $20,000.00 will be required to be submitted
with the proposal.
3. Q: Does the Village have a Proposal Security (Bid Bond) Form we should utilize with Bid?
A: No.
4. Q: Please provide a copy of the current contract.
A: https://portal.laserfiche.com/Portal/DocView.aspx?id=4248&repo=r-73b9c1aa
5. Q: Please provide a copy of the last tabulation sheet for this project.
A: See Attachment
6. Q: Is the city’s intent to award 2 contractors?
A: Yes.
7. Q: Please confirm Tree and palm trimming will be separate bids.
A: Pruning or removal of trees and palms 10 feet or less in height is included.
8. Q: Is contractor required to use Battery powered leaf blowers?
A: Yes.
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Village of Key Biscayne
Procurement Department
88 West McIntyre Street
Key Biscayne, Florida 33149
Phone (305) 365-7577
procurement@keybiscayne.fl.gov
www.keybiscayne.fl.gov
Page 2 of 17
9. Q: Litter control - who is responsible for the disposal expense of debris?
A: CONTRACTOR may dispose of litter only (does not include palm fronds, tree limbs, branches, or other
landscaping debris) in Village dumpsters or Village facilities. CONTRACTOR shall be responsible for the
disposal costs of all other landscape related debris collected.
10. Q: Does the litter control service include pick up of palm fronds? If so, will collected palm fronds be disposed
of in the same container as the debris collection provided by the city?
A: CONTRACTOR shall at all times, and especially prior to mowing, retrieve and dispose of all litter and
debris throughout the area, including but not limited to palm fronds, tree limbs, branches, leaves, and
berries. This shall include daily monitoring seven days a week of the properties, but not limited to,
grounds, sidewalks, curbs, and gutters, garbage/trash cans, dog waste stations, and disposing of all
litter and debris. If the CONTRACTOR becomes aware of the existence of hazardous wastes located on
the properties, the CONTRACTOR shall immediately notify the VILLAGE.
11. Q: Who is responsible for supplying Trash bags & doggy bags?
A: CONTRACTOR
12. Q: Please confirm how many public garbage bins and dog stations are on the East and how many are on the
West side.
A: West: 27 Garbage Bins, and 20 Dog Stations; East: 50 Garbage Bins and 31 Dog Stations
13. Q: On the price sheet there are 2-line items for “Plant & Shrub Maintenance”. One states “30-day cycle” 12
cycles per year the other states “90-day cycle” 4 cycles per year. Can you please explain what this means?
A: All hedge plant material including, but not limited to, green buttonwood, ficus, clusia and arboricola
and all other shrubs and ground cover material shall be pruned once (1) per month or thirty (30) days
to insure the best shape, health, and character of the individual plant.
14. Q: Price sheet states Litter and Debris Control with a frequency of 365 days. Is the expectation to provide 1
person 8 hours performing litter control on the East area and another 1 person 8 hours performing litter
control on the West area?
A: Yes.
15. Q: Price sheet does not have a line item for taking down and putting up banners on light poles. Will this be
added?
A: No.
16. Q: Price sheet does not have a line item for mulch. Will this be added?
A: Please refer to the price sheet for unit prices for materials – supplemental work.
17. Q: Do we have to include the costs associated with fertilizer applications, and IPM into the pricing, or is this
billed separately?
A: Include.
18. Q: Price sheet does not have a line item for assistance with 4th of July event. Will this be added?
A: No.
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Village of Key Biscayne
Procurement Department
88 West McIntyre Street
Key Biscayne, Florida 33149
Phone (305) 365-7577
procurement@keybiscayne.fl.gov
www.keybiscayne.fl.gov
Page 3 of 17
19. Q: Is the Cocoplum Hedge on Crandon on other side of sidewalk included in the scope of work? If so, at what
height should it be maintained?
A: 9’.
20. Q: Is the new Paradise Park included in this RFP? If so, please provide landscape plans.
A: No.
21. Q: Please confirm the East side of main entrance to key on Crandon is a new area this RFP and was not
included in the previous RFP.
A: Refer to Exhibit G. Areas that are part of the scope is shown in this exhibit.
22. Q: K8 school, please confirm the only day to service it is weekends.
A: Correct.
23. Q: Hampton Park is not on map, but it is included. Please confirm.
A: It is included. Please refer to page 153.
24. Q: Please confirm the golf cart path at Calusa Park is included.
A: Correct.
25. Q: Please provide a copy of sign in sheet from pre-bid meeting.
A: See Attachment
26. Q: Please provide # of irrigation clocks, controllers on the East area and how many on the West area.
A: East: 23 AC, 0 DC; West: 17 AC, 26 DC
27. Q: Please provide list of which parks have irrigation.
A: All parks.
28. Q: Currently who is providing the litter control?
A: It is provided by the Public Works Department.
29. Q: Can contractor charge additional rate for excess leaves?
A: No.
30. Q: Can contractor charge additional rate for excess fallen palm fronds after a heavy wind/rainstorm?
A: No.
31. Q: Please confirm there is a new right of way added on East Enid and Ocean Drive.
A: Refer to Exhibit G. Areas that are part of the scope is shown in this exhibit.
32. Q: Please confirm the new site walking path on Ocean Drive from street to beach is included.
A: Refer to Exhibit G. Areas that are part of the scope is shown in this exhibit.
33. Q: How many butterfly gardens are there in the East and West zones?
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Village of Key Biscayne
Procurement Department
88 West McIntyre Street
Key Biscayne, Florida 33149
Phone (305) 365-7577
procurement@keybiscayne.fl.gov
www.keybiscayne.fl.gov
Page 4 of 17
A: There is 1 on the west.
34. Q: Please confirm that the Village’s expectation is that the butterfly gardens be pruned by hand, and not
mechanical trimmers.
A: Correct.
35. Q: Village Green Park, areas around artificial turf included in this contract?
A: Yes.
36. Q: What hours / days can we perform work at Village Green Park since there is heavy resident usage all day?
A: 6:00 am to 6:00 pm
37. Q: Is the Dog Park included in Village Green Park?
A: No.
38. Q: Who is responsible for irrigation parts?
A: The CONTRACTOR.
39. Q: Is there a bid bond or performance requirement?
A: Proposal security in the form of a proposal bond acceptable to the Village or a cashier’s check made
payable to the “Village of Key Biscayne” in the amount of $20,000.00 will be required to be submitted
with the proposal. Within fourteen days of the Notice of Award by Village Council, CONTRACTOR shall
furnish to VILLAGE performance & payment security in an amount equal to $100,000 or 100% of the
total annual cost (whichever is greater) as security for the faithful performance of Agreement and for
the payment of all persons performing labor and/or furnishing materials in connection with the
Agreement.
40. Q: Specifications make mention of Bermuda and Zoysia turf. Please confirm which areas have Bermuda and
Zoysia turf?
A: Hampton Park.
41. Q: Did the Village provide any monetary relief or rate increase to the current contractor?
A: No.
42. Q: Can you please provide additional information on the “know the flow” certification, and its relation to the
landscape contract?
A: Not relevant.
43. Q: Will the “Tier 1 Illicit Discharge Detection and Elimination Training” certification administered by FDOT
suffice?
A: Yes.
44. Q: See revised Scope of Work in Section-2, 3. C. - IRRIGATION SYSTEM
A: 3. IRRIGATION SYSTEM
The VILLAGE’s irrigation system is comprised of network of the following:
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Village of Key Biscayne
Procurement Department
88 West McIntyre Street
Key Biscayne, Florida 33149
Phone (305) 365-7577
procurement@keybiscayne.fl.gov
www.keybiscayne.fl.gov
Page 5 of 17
A. A transmission network of underground pipes and valves located within the public rights-of way
and ranging in size from 2” to 6”.
B. Localized irrigation systems connected to domestic potable water supply.
C. Landscape Irrigation systems which include but not limited to: mainlines, rain sensors, moisture
sensors, flow meters, time clocks, irrigation zones, lateral (zone) lines, risers, sprinkler heads, electrical
wires, valves, valve boxes and controllers.
45. Q: See revised Standard of Work
A: See Attached highlighted areas.
46. Q: See revised Fee Schedule for:
A: See Attached highlighted areas: LANDSCAPE MAINTENANCE AREA EAST and LANDSCAPE
MAINTENANCE AREA WEST.
End of Addendum # 1
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Village of Key Biscayne
Procurement Department
88 West McIntyre Street
Key Biscayne, Florida 33149
Phone (305) 365-7577
procurement@keybiscayne.fl.gov
www.keybiscayne.fl.gov
Page 6 of 17
SECTION 3
STANDARDS OF WORK
1. INTENT
A. Schedule of Work: On the first business day of each week, the VILLAGE shall furnish to the CONTRACTOR
a list of both priority and routine maintenance Work Orders to be considered for completion during the
following week. The CONTRACTOR shall then provide to the VILLAGE within three days a preliminary
schedule of the work for the following week for review by the VILLAGE. Upon approval by the VILLAGE,
the schedule of work shall become final. In addition, the VILLAGE reserves the right to direct the
CONTRACTOR to rearrange the schedule to meet the needs of the VILLAGE.
B. Work Cycle: The CONTRACTOR shall perform the Work Cycle as specified herein and within the defined
duration of time. A Work Cycle consists of the completion of all the specified work at ALL the locations
defined in a Landscape Maintenance Area. The types of Work Cycles and durations for the LMAs are
listed below in Table 3.1(B). Each LMA has the same types of Work Cycles but different areas of
coverage/ locations.
TABLE 3.1(B) – Work Cycle
Name of Cycle Duration
Turf Mowing 7/10/14 Calendar days (See Sec 3.3)
Turf Disease and Pest Management 30 Calendar days
Shrubs and Ground Cover Material 30 Calendar days
Hedge Plant Material 14/30 90 Calendar days
Litter and Debris Daily
Irrigation Management 30 Calendar days with minimum of 1 day
per week on-site
The CONTRACTOR shall complete the Work Cycle in scope and duration as prescribed in the
Agreement. Any deviation from the requirements of this provision must be approved by the
Village Manager, or the VILLAGE’s designated representative.
C. Chemicals or Fertilizers: The CONTRACTOR shall be prohibited from the use of chemicals or fertilizers
on any site without prior written approval from the VILLAGE. In order to obtain written approval for
chemical or fertilizer use, the CONTRACTOR shall furnish to the VILLAGE, in writing, the name of the
chemical or fertilizer, the manufacturer’s label and the Manufacturer’s Safety Data Sheet (MSDS).
Commercial fertilizer applicators must be certified by the Department of Agriculture and Consumer
Affairs pursuant to F.S. 482.1562. All commercial fertilizer applicators shall successfully complete the
Florida Department of Environmental Protection’s required training program. All commercial fertilizer
applicators shall apply fertilizers in accordance with the Florida Department of Environmental Protection
through the University of Florida/Institute of Food and Agricultural Sciences Extension’s “Florida-
Friendly Best Management Practices for Protection of Water Resources by the Green Industries.”
D. Maintenance of Traffic: CONTRACTOR shall be responsible for proper maintenance of traffic (M.O.T.)
in accordance with the standards outlined in the Manual on Uniform Traffic Control Devices (M.U.T.C.D.)
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Village of Key Biscayne
Procurement Department
88 West McIntyre Street
Key Biscayne, Florida 33149
Phone (305) 365-7577
procurement@keybiscayne.fl.gov
www.keybiscayne.fl.gov
Page 7 of 17
at all times. Pedestrian traffic may be prohibited when appropriate. Sufficient and proper safety devices,
to include and not be limited to signage, flags, barricades and cones must be used to stage vehicles and
equipment and to protect work sites on or near roadways and parking lots. No lane closures will be
permitted on Crandon Boulevard.
E. Utilities: CONTRACTOR shall be solely responsible for obtaining the locations of underground utilities
when performing work below grade, and for identifying overhead utilities when performing work above
grade. The CONTRACTOR shall be responsible to repair any damage to overhead and underground
utilities caused by their construction activities.
2. LITTER AND DEBRIS CONTROL WORK CYCLE
CONTRACTOR shall at all times, and especially prior to mowing, retrieve and dispose of all litter and debris
throughout the area, including but not limited to palm fronds, tree limbs, branches, leaves, and berries. This
shall include daily monitoring seven days a week of the properties, but not limited to, grounds, sidewalks,
curbs, and gutters, garbage/trash cans, dog waste stations, and disposing of all litter and debris. If the
CONTRACTOR becomes aware of the existence of hazardous wastes located on the properties, the
CONTRACTOR shall immediately notify the VILLAGE. Litter and debris control work cycle areas are shown in
Figure 3.2 provided in Exhibit H.
CONTRACTOR may dispose of litter only (does not include palm fronds, tree limbs, branches, or other
landscaping debris) in Village dumpsters or Village facilities. CONTRACTOR shall be responsible for the
disposal costs of all other landscape related debris collected.
CONTRACTOR shall only dispose of litter collected though work performed in this Agreement in any Village
dumpsters or Village facilities and shall not dispose of any litter or debris collected through any work
performed outside of this Agreement in any Village dumpsters or at any Village facilities. If the CONTRACTOR
chooses to dispose of litter at an alternative off-site location, CONTRACTOR is responsible for the cost of
such disposal.
3. GROUNDS, LANDSCAPE, AND TURF MAINTENANCE
A. Turf Mowing Work Cycle: The CONTRACTOR shall provide a mowing schedule for each week of service
to the VILLAGE on the first business day of the week prior to service and shall be subject to VILLAGE
approval. Mowing wet grass shall be avoided whenever possible. Mower blades must be kept sharp so
that the cut grass edge is clean and not ragged. Mowing patterns shall be changed frequently to avoid
wear. Any grass clippings or other plant debris remaining on the grass surface shall be removed the
same day as the mowing service is performed. Clippings, mulch or other plant debris must be prevented
from entering ponds, lakes, water features, or drains. In the event that this occurs, the materials shall
be removed immediately.
i. St. Augustine Grass: Mow at a minimum of the following frequencies: once every fourteen (14) days
in November, December, January and February; once every ten (10) days in March, April, and May
and October; once every seven (7) days in June, July, August, and September, and October. The St.
Augustine grass shall be cut to a minimum height of 3” 3 ½” to a maximum height of 3 ½” 4" above
soil level. The St. Augustine grass may be cut when the grass height reaches 5 ¼” and the grass height
shall not exceed 6”. The St. Augustine grass shall be cut often enough such that no more than 1/3 of
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Village of Key Biscayne
Procurement Department
88 West McIntyre Street
Key Biscayne, Florida 33149
Phone (305) 365-7577
procurement@keybiscayne.fl.gov
www.keybiscayne.fl.gov
Page 8 of 17
the leaf surface is removed during each cutting.
ii. Bahia grass: Mow at a minimum of the following frequencies: once every fourteen (14) days in
November, December, January and February; once every ten (10) days in March, April, and May and
October; once every seven (7) days in June, July, August, and September and October. The Bahia grass
shall be cut to a minimum height of 3 ½” to a maximum height of 4" above soil level. The Bahia grass
may be cut when the grass height reaches 5 ¼” and the grass height shall not exceed 6”. The Bahia
grass shall be cut often enough such that no more than 1/3 of the leaf surface is removed during each
cutting.
iii. Bermuda grass: Mow, with a preference for a reel type mower, at a minimum of once every two or
three days. The Bermuda grass shall be cut to a minimum height of ¾” to a maximum height of 1"
above soil level. The Bermuda grass shall be cut when the grass height reaches 1 ¼” and the grass
height shall not exceed 1 ½”. The Bermuda grass shall be cut often enough such that no more than
1/3 of the leaf surface is removed during each cutting.
iv. Zoysia grass: Mow, with a preference for a rotary type mower, at a minimum of once per week during
October thru May and twice per week June thru September. The Zoysia grass shall be cut to a
minimum height of 3 ½” to a maximum height of 4" above soil level. The Zoysia grass shall be cut often
enough such that no more than 1/3 of the leaf surface is removed during each cutting.
v. Edging: The CONTRACTOR shall trim and properly edge all shrubs and flowerbeds as well as tree rings,
curbs, walks, lighting and all other obstacles in the landscape and remove clippings. Paved areas (hard
edges) shall be edged every mowing with respect to the turf type adjacent to the edging. Edging of
beds and tree rings (soft edging) shall be executed every mowing with respect to the turf type adjacent
to the edging. Damage to property or existing vegetation caused by improper trimming or edging shall
be repaired or replaced within 48 hours at the CONTRACTOR'S expense.
vi. Cleanup: All sidewalks, walkways, roadways, and other paved areas shall be vacuumed, swept, or
blown off while the mowing, edging or trimming is in process so that the appearance suffers for the
least amount of time. Landscape lighting shall be wiped, blown off or vacuumed as needed to prevent
accumulation of clippings and dead insects. Landscape areas shall be raked and cleaned of clippings,
leaves, sticks, twigs and all litter and debris each time the soft edging is done. All mowing schedules
shall be subject to approval by the VILLAGE. No chemical edging allowed.
vii. Tire Ruts in Swale Areas: The CONTRACTOR shall tamp and/or replace sod damaged by tire ruts in
swale areas within 48 hours of the daily inspection.
B. Turf Disease and Pest Management Work Cycle: The CONTRACTOR shall adhere to the following for
disease and pest management of all turf grass.
i. The CONTRACTOR shall control or eradicate diseases and infestations by chewing or sucking insects,
leaf miners, fire ants and other pests by spraying affected plants and shrubs with chemical sprays and
combinations of sprays suitable for that particular disease or pest when the infestation or infection
becomes evident and as often thereafter as necessary. All applications shall be performed by persons
holding a valid pesticide application license as issued by the State of Florida and shall be done in
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Village of Key Biscayne
Procurement Department
88 West McIntyre Street
Key Biscayne, Florida 33149
Phone (305) 365-7577
procurement@keybiscayne.fl.gov
www.keybiscayne.fl.gov
Page 9 of 17
accordance with the pesticide manufacturer's recommended rates and all applicable Federal, State,
County and Municipal regulations. The CONTRACTOR shall respond within 72 hours after a request or
notice from VILLAGE. The CONTRACTOR shall be fully licensed to spray pesticides and shall use sound
cultural practices that aid in preventing the presence or proliferation of insects and diseases.
ii. The CONTRACTOR shall maintain all turf, planting beds and tree rings in a weed free condition at all
times. The CONTRACTOR shall hand-pull weeds as necessary, or as directed by the VILAGE. The
CONTRACTOR shall apply various herbicides by means of spray type devices to aid in the control of
unwanted weeds and vegetation. All applications shall be performed by persons holding a valid
herbicide application license as issued by the State of Florida and shall be done in accordance with
the herbicide manufacturer's recommended rates and all applicable Federal, State, County and
Municipal regulations. Herbicides shall be used only with prior written approval by the VILLAGE as to
type, location and method of application. The CONTRACTOR shall exercise extreme care so as not to
overspray and affect areas not intended for treatment. Areas adversely affected by such overspray
shall be restored at the CONTRACTOR'S expense.
iii. The CONTRACOR shall, after a chemical application, remove all signs shall in accordance with the
chemical products’ recommended standards.
4. PLANTS, SHRUBS AND GROUND COVER MAINTENANCE
Plants, Shrub and Ground Cover Maintenance Work Cycle: The CONTRACTOR shall adhere to the following:
A. All hedge plant material including, but not limited to, green buttonwood, ficus, clusia and arboricola
shall be pruned once every three (3) months or ninety (90) days; and all other shrubs and ground cover
material shall be pruned once (1) per month or thirty (30) days to insure the best shape, health, and
character of the individual plant. Gold mound Duranta shall be pruned once every fourteen (14) days
to insure the best shape, health, and character of the individual plant.
B. The entire top of ficus all hedges shall be trimmed and may require the use of a scissor lift or bucket
truck. Hand trimming shall be utilized whenever possible to promote lateral plant growth. Mechanical
trimming shall only be utilized when the health or appearance of the plant shall not be damaged by the
mechanical trimmers.
C. Ground cover plants shall be selectively cut back to encourage lateral growth and kept in bounds and
out of other plantings, walkways, lighting, etc. Cuts shall be made with sharp and proper tools. When
cutting parts of branches, leave a living bud at the end of the stub. Make cuts sufficiently close to parent
stem so that the healing can readily start under normal conditions.
5. IRRIGATION SYSTEM MAINTENANCE MANAGEMENT
A. The CONTRACTOR shall be responsible for the operation, maintenance and repair of the irrigation
system which includes but is not limited to the setting and adjusting the time clocks and all heads to
ensure 100% watering coverage proper watering of all plants, shrubs, trees, palms, turf, landscaping,
and ground cover contained within the Landscape Maintenance Areas to provide for a uniform lush
green landscape appearance. Dry spots and any damage to the irrigation system discovered must be
reported to the VILLAGE immediately.
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Village of Key Biscayne
Procurement Department
88 West McIntyre Street
Key Biscayne, Florida 33149
Phone (305) 365-7577
procurement@keybiscayne.fl.gov
www.keybiscayne.fl.gov
Page 10 of 17
B. The CONTRACTOR in conjunction with the VILLAGE representative shall have forty-five (45) days from
the start of the Agreement to perform an initial inspection of the irrigation system and provide a report
to the VILLAGE of any existing damage and/or incorrect operation and coverage. The CONTRACTOR shall
be responsible for the proper working of system, as specified herein, after the initial inspection report
and subsequent repairs.
C. The CONTRACTOR shall adjust the irrigation during the various seasons to maintain the uniform lush
green landscape appearance. The CONTRACTOR shall manage and irrigate areas as needed during
periods of little or no rainfall using the irrigation system and/or any supplemental watering necessary
to keep the plant material, turf, and landscaping in optimum health. Supplemental watering may require
a large portable watering tank, impact sprinklers or additional hose to be supplied by the CONTRACTOR.
D. The CONTRACTOR shall be responsible for controlling the amount of water used for irrigation. Damage
that results from over-watering or insufficient watering shall be the responsibility of the CONTRACTOR
to repair or replace at the CONTRACTOR’S expense.
E. Irrigation watering schedules must comply with all local, county, regional and State watering
restrictions.
F. The CONTRACTOR shall, within thirty (30) calendar days, fully operate all the irrigation zones from the
irrigation clock and replace, repair or clean all irrigation heads, lateral lines, electrical wires, valve boxes
and controllers as needed. Any equipment damaged by the CONTRACTOR'S operation shall be replaced
at the CONTRACTOR’S expense with the same equipment/part and by the same manufacturer unless
otherwise approved by the VILLAGE. The CONTRACTOR shall use only Rainbird, Hunter Parts, or any
other equal that approved by the VILLAGE.
G. The CONTRACTOR shall perform all irrigation repairs to the lateral lines, risers and sprinkler heads as
required to keep the system operating. For this category of work the VILLAGE shall reimburse the
CONTRACTOR for materials ONLY.
H. The CONTRACTOR shall perform repairs on main lines; pump in-take piping; electrical wires from zone
valves back to the clock; and replace damaged or broken valve boxes. For this category the VILLAGE
shall reimburse the CONTRACTOR for labor and materials.
I. The CONTRACTOR shall provide written report of the following:
1. Once per week, a list of all the irrigation zones clocks serviced.
2. Once per work day, a list of irrigation parts and materials used for repairs.
J. Reimbursable Items: THE CONTRACTOR shall obtain authorization by the VILLAGE prior to
commencement. The CONTRACTOR shall be reimbursed be based markup provided in Exhibit B of the
Agreement, Fee Schedule. See Section 5.3 for details on the required source for wholesale pricing.
6. SUPPLEMENTAL SERVICES
The CONTRACTOR shall, upon the request and approval by the VILLAGE, provide on an as- needed basis
“Supplemental Services,” for the purposes of: A) plants, shrubs, trees and palms installation; B) fertilization;
and C) application of pest and disease management chemicals to plants, shrubs, hedges. These Additional
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Village of Key Biscayne
Procurement Department
88 West McIntyre Street
Key Biscayne, Florida 33149
Phone (305) 365-7577
procurement@keybiscayne.fl.gov
www.keybiscayne.fl.gov
Page 11 of 17
Services shall be based on the unit prices provided in Exhibit B of the Agreement, Fee Schedule.
A. Plants, Shrubs, Trees and Palms Installation
1. All plant material shall be Florida Number One, or better, as provided in the most current
edition of Grades and Standards for Florida Nursery Plants, Parts I and II, prepared by the
Florida Department of Agriculture. For standards not addressed in the Florida Grades and
Standards for Florida Nursery Plants, plant materials shall conform to the American National
Standards Institute (ANSI) Standards Z60.1.
2. All plant material and services shall be guaranteed for a period of 90 days 12 months from the
date of planting or service completion. This guarantee may not apply for plants damaged by
“acts of God,” such as hurricanes, fires, etc., or by vehicular accidents.
3. All planting standards shall comply with the requirements contained in the planting details in
Section 5.
B. Fertilization
A schedule of fertilization dates and fertilizer analysis shall be presented to the VILLAGE prior to
application and shall be subject to VILLAGE approval. The fertilizer used shall be a commercial grade
product and recommended for use on each plant, tree or grass type. Specific requirements shall be
determined by soil test results, soil type and the time of year. Applications shall proceed continuously
once begun until all areas have been completed.
In the event fertilizer is thrown on hard surfaces, it shall be removed immediately to prevent staining.
CONTRACTOR shall have the soil tested a minimum of once every four (4) months to determine required
additives, and more often if necessary to diagnose problem areas. Any plants, trees or grass damaged
by over-fertilization shall be replaced at the CONTRACTOR'S expense.
All commercial fertilizer applicators shall apply fertilizers in accordance with the Florida Department of
Environmental Protection through the University of Florida/Institute of Food and Agricultural Sciences
Extension’s “Florida-Friendly Best Management Practices for Protection of Water Resources by the
Green Industries.”
1. St. Augustine Grass: St. Augustine turf shall be fertilized with a complete NPK profile. The
CONTRACTOR shall establish a program that shall fertilize all St. Augustine grass and shall vary
with the time of year of the application and the results of soil analysis.
2. Bahia Grass: Bahia grass shall be fertilized with a complete NPK profile. The CONTRACTOR
shall establish a program that shall fertilize all Bahia grass and shall vary with the time of year
of the application and the results of soil analysis.
3. Bermuda Grass: Bermuda grass shall be fertilized with a complete NPK profile. The
CONTRACTOR shall establish a program that shall fertilize all Bermuda grass and shall vary
with the time of year of the application and the results of soil analysis. The CONTRACTOR shall
apply additional fertilizer to treat stressed, worn or high traffic areas as needed.
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Village of Key Biscayne
Procurement Department
88 West McIntyre Street
Key Biscayne, Florida 33149
Phone (305) 365-7577
procurement@keybiscayne.fl.gov
www.keybiscayne.fl.gov
Page 12 of 17
4. Zoysia Grass: Zoysia grass shall be fertilized with a complete NPK profile. The CONTRACTOR
shall establish a program that shall fertilize Zoysia grass and shall vary with the time of year
of the application and the results of soil analysis.
5. Plants and Shrubs: The CONTRACTOR shall establish a program that shall fertilize all plants
and shrubs, describing the type of fertilizer required for each type of plant and the time of
year this work shall be undertaken.
6. Palms: The CONTRACTOR shall establish a program that shall fertilize all palms, describing the
type of fertilizer required for each type of palm and the time of year this work shall be
undertaken. The fertilization schedule shall be provided to the VILLAGE not less than one
month prior to application and shall be subject to VILLAGE approval.
C. Disease and Pest Management - Application of disease and pest management chemicals to plants,
shrubs, hedges, trees and palms.
1. The CONTRACTOR shall control or eradicate diseases and infestations by chewing or sucking
insects, leaf miners, fire ants and other pests including, but not limited to white fly, by
spraying affected plants and shrubs with chemical sprays and combinations of sprays suitable
for that particular disease or pest when the infestation or infection becomes evident and as
often thereafter as necessary. All applications shall be performed by persons holding a valid
pesticide application license as issued by the State of Florida and shall be done in accordance
with the pesticide manufacturer's recommended rates and all applicable Federal, State,
County and Municipal regulations. The CONTRACTOR shall respond within 72 hours after a
request or notice from VILLAGE. The CONTRACTOR shall be fully licensed to spray pesticides
and shall use sound cultural practices that aid in preventing the presence or proliferation of
insects and diseases.
2. All planting beds and tree rings shall be maintained in a weed free condition. The
CONTRACTOR shall apply various herbicides by means of spray type devices to aid in the
control of unwanted weeds and vegetation. All applications shall be performed by persons
holding a valid herbicide application license as issued by the State of Florida and shall be done
in accordance with the herbicide manufacturer's recommended rates and all applicable
Federal, State, County and Municipal regulations. Herbicides shall be used only with prior
written approval by the VILLAGE as to type, location and method of application. The
CONTRACTOR shall exercise extreme care so as not to overspray and affect areas not intended
for treatment. Areas adversely affected by such overspray shall be restored at the
CONTRACTOR'S expense.
3. After a chemical application, all signs shall be removed in accordance with the chemical
products’ recommended standards.
D. Aeration, Verticutting, Topdressing, and Overseeding
On occasion, the VILLAGE may request, Aeration, verticutting and topdressing to provide proper air and
water exchange for maximum growth potential and health of the Bermuda grass as needed. The
topdressing material shall be a mixture similar to the profile of the soil below the turf as determined by
soil analysis. The CONTRACTOR shall also be responsible for topdressing worn turf areas, depressed turf
areas, etc. as needed on an ongoing basis. Overseeding material shall be with a rye grass blend. The
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Village of Key Biscayne
Procurement Department
88 West McIntyre Street
Key Biscayne, Florida 33149
Phone (305) 365-7577
procurement@keybiscayne.fl.gov
www.keybiscayne.fl.gov
Page 13 of 17
CONTRACTOR shall submit a proposal for these services to the Village for approval. The topdressing and
overseeding material shall be reimbursed to the CONTRACTOR.
7. PROJECT WORK
Major projects such as turf renovations or drainage replacements shall be done on an as needed basis and
shall be quoted to the VILLAGE by the CONTRACTOR.
8. LIQUIDATED DAMAGES
If, in the opinion of the Village Manager there has been a breach of Agreement, the Village Manager shall
notify the CONTRACTOR, in writing, specifying the basis and reason in which there has been a breach of
Agreement. In the event of a breach by CONTRACTOR, CONTRACTOR shall be liable for liquidated damages
as provided in this Section. Unless otherwise provided in this Section 3.8, there shall be no cure period of
time to avoid the consequences of a breach.
Liquidated damages not a penalty. CONTRACTOR agrees that the amount of liquidated damages assessed
pursuant to this Section 3.8 is reasonable and does not constitute a penalty. The parties recognize the
difficulty of proving the loss or damage suffered by the VILLAGE due to CONTRACTOR’s breach.
CONTRACTOR acknowledges and agrees that the amount of liquidated damages approximate the loss
anticipated at the time of execution of this Agreement.
A. Turf Mowing Work Cycle
1. 7 Day Cycle: Failure to comply with the provisions for the completion of the Work Cycle for turf
mowing in a Landscape Maintenance Area within the thirty (30) seven (7) calendar day period
shall result in the liquidated damages as follows:
Fifteen Hundred Dollars ($1500) for each day of delay.
2. 10 Day Cycle: Failure to comply with the provisions for the completion of the Work Cycle for turf
mowing in a Landscape Maintenance Area within the ten (10) calendar day period shall result in
the liquidated damages as follows:
Fifteen Hundred Dollars ($1500) for each day of delay.
3. 14 Day Cycle: Failure to comply with the provisions for the completion of the Work Cycle for turf
mowing in a Landscape Maintenance Area within the fourteen (14) calendar day period shall
result in the liquidated damages as follows:
Fifteen Hundred Dollars ($1500) for each day of delay.
B. Turf Disease and Pest Management
Failure to comply with the provisions for the completion of the Work Cycle for turf management in a
Landscape Maintenance Area within the thirty (30) calendar day period shall result in the liquidated
damages as follows:
Six Hundred Dollars ($600) for each day of delay.
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Village of Key Biscayne
Procurement Department
88 West McIntyre Street
Key Biscayne, Florida 33149
Phone (305) 365-7577
procurement@keybiscayne.fl.gov
www.keybiscayne.fl.gov
Page 14 of 17
C. Shrubs and Ground Cover Material Work Cycle
Failure to comply with the provisions for the completion of the Work Cycle for shrubs and ground cover
material in a Landscape Maintenance Area within the thirty (30) calendar day period shall result in the
liquidated damages as follows:
Eight Hundred Dollars ($800) for each day of delay.
D. Hedge Plant Material Work Cycle
1. 14 Day Cycle: Failure to comply with the provisions for the completion of the Work Cycle for hedge
plant material in a Landscape Maintenance Area within the fourteen (14) calendar day period
shall result in the liquidated damages as follows:
Eight Hundred Dollars ($800) for each day of delay
2. 30 Day Cycle: Failure to comply with the provisions for the completion of the Work Cycle for hedge
plant material in a Landscape Maintenance Area within the ninety (90) thirty (30) calendar day
period shall result in the liquidated damages as follows:
Eight Hundred Dollars ($800) for each day of delay
E. Irrigation Management
Failure to comply with the provisions for the completion of the Work Cycle for irrigation clock (wet)
checks in a Landscape Maintenance Area within the thirty (30) calendar day period shall result in the
liquidated damages as follows:
Six Hundred Dollars ($600) for each day of delay
9. PUBLIC RELATIONS
CONTRACTOR’S positive interaction with VILLAGE residents is essential to the success of this Agreement.
CONTRACTOR shall extend the utmost courtesy to VILLAGE residents at all times. CONTRACTOR shall make
no statements or offer any information concerning VILLAGE activities, policies and procedures. All resident
inquiries shall be directed to the VILLAGE.
10. The CONTRACTOR shall provide 24/7 emergency contact telephone number and respond to emergency
requests after notification by the Village, twenty-four (24) hours a day, seven (7) days a week, including all
public holidays in accordance with Section 4.14 of this Agreement.
11. DISCOVERY AND NOTIFICATION
If the CONTRACTOR discovers damages, vandalism or theft, the CONTRACTOR shall immediately notify the
VILLAGE and shall file a police report of the occurrence.
12. PROPERTY DAMAGE
Observation of property damage prior to the commencement of work, whether public or private, shall
immediately be reported to VILLAGE. Property damage, whether public or private, caused by CONTRACTOR
during the course of the work shall be immediately reported to VILLAGE, and repaired by CONTRACTOR at
the CONTRACTOR’S expense and at no cost to VILLAGE or Property Owner.
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Village of Key Biscayne
Procurement Department
88 West McIntyre Street
Key Biscayne, Florida 33149
Phone (305) 365-7577
procurement@keybiscayne.fl.gov
www.keybiscayne.fl.gov
Page 15 of 17
13. WORK ORDER (SERVICE REQUEST) COMPLETION INFORMATION INPUT
The CONTRACTOR shall be responsible to enter/input information on completed work orders (service
requests) into the VILLAGE’s Work Order and Asset Management Software. The typical information required
includes but is not limited to, description of service, date serviced, Village contract number, location, Village
asset serviced (e.g., median, tree, irrigation clock, etc.), and hours or cost for service. Work Order
Completion data input shall be entered no later than 5 working days after the actual performance of the
work order or service request. All work orders entered by the CONTRACTOR shall be reviewed by the
VILLAGE and the work order shall be closed by the VILLAGE only after completion of the service is verified.
Services or work performed by the CONTRACTOR shall not be considered completed and eligible for
payment by the VILLAGE until the Work Order Completion Information is entered into the VILLAGE’s Work
Order System by the CONTRACTOR.
[THIS SPACE INTENTIONALLY LEFT BLANK]
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Village of Key Biscayne
Procurement Department
88 West McIntyre Street
Key Biscayne, Florida 33149
Phone (305) 365-7577
procurement@keybiscayne.fl.gov
www.keybiscayne.fl.gov
Page 16 of 17
EXHIBIT B
FEE SCHEDULE
The CONTRACTOR offers the following prices for providing all labor, supervision, equipment, supplies, tools,
materials, and all other necessary incidentals to perform Comprehensive Landscape Maintenance Services in
accordance with the scope of work.
LANDSCAPE MAINTENANCE AREA EAST
Item Description of Task Number of Cycles/Year Cost per Cycle Annual Total
A1 Turf Mowing (including, but not limited to, edging,
clean up and bush hog)
36
A2 Turf Disease and Pest Management 12
A3 Plant and Shrub Maintenance, 30 14-day cycle
(including, but not limited to, shrubs, plants,
hedges, small trees and palms <10ft)
12 26
A4 Plant and Shrub Maintenance, 90 30-day cycle
(including, but not limited to, shrubs, plants,
hedges, small trees and palms <10ft)
4 12
A5 Irrigation Management (including, but not limited
to, clock tests, settings, adjustments, and minor
repairs)
12
A6 Litter and Debris Control 365
A7 SUBTOTAL (Items 1 thru 6)
Item Description of Task Annual
Estimate
% Markup (+)
or Discount (-)
Total (=Annual
Estimate x (1
(+/-) %)
A8 Tree and Plants (based on “Betrock’s PlantFinder –
Wholesale Guide to Foliage and Ornamental
Plants”)
$75,000
A9 Miscellaneous building supplies and materials $5,000
A10 Irrigation Parts & Supplies (based on SiteOne
Landscape Supply Catalog: “Wholesale.”
$35,000
A11 Chemicals & Fertilizers $75,000
A12 SUBTOTAL (Items A8 thru A11)
A13 TOTAL (Item A7 +A12)
A14 PROFIT
GRAND TOTAL (Item A13+A14)
$133,200
$895 $10,740
$84,006$3,231
$3,700
$1,000 $12,000
$815 $9,780
$225.35 $82,254
+35%
$331,980
$624,287.70
$0
$624,287.70
+35%
+35%
+35%
$115,384.62
$7,692.31
$53,846.15
$115,384.62
$292,307.70
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Village of Key Biscayne
Procurement Department
88 West McIntyre Street
Key Biscayne, Florida 33149
Phone (305) 365-7577
procurement@keybiscayne.fl.gov
www.keybiscayne.fl.gov
Page 17 of 17
FEE SCHEDULE
The CONTRACTOR offers the following prices for providing all labor, supervision, equipment, supplies, tools,
materials, and all other necessary incidentals to perform Comprehensive Landscape Maintenance Services in
accordance with the scope of work.
LANDSCAPE MAINTENANCE AREA WEST
Item Description of Task Number of Cycles/Year Cost per Cycle Annual Total
B1 Turf Mowing (including, but not limited to, edging,
clean up and bush hog)
36
B2 Turf Disease and Pest Management 12
B3 Plant and Shrub Maintenance, 30 14-day cycle
(including, but not limited to, shrubs, plants,
hedges, small trees and palms <10ft)
12 26
B4 Plant and Shrub Maintenance, 90 30-day cycle
(including, but not limited to, shrubs, plants,
hedges, small trees and palms <10ft)
4 12
B5 Irrigation Management (including, but not limited
to, clock tests, settings, adjustments, and minor
repairs)
12
B6 Litter and Debris Control 365
B7 SUBTOTAL (Items 1 thru 6)
Item Description of Task Annual
Estimate
% Markup (+)
or Discount (-)
Total (=Annual
Estimate x (1
(+/-) %)
B8 Tree and Plants (based on “Betrock’s PlantFinder –
Wholesale Guide to Foliage and Ornamental
Plants”)
$75,000
B9 Miscellaneous building supplies and materials $5,000
B10 Irrigation Parts & Supplies (based on SiteOne
Landscape Supply Catalog: “Wholesale.”
$35,000
B11 Chemicals & Fertilizers $75,000
B12 SUBTOTAL (Items B8 thru B11)
B13 TOTAL (Item B7 +B12)
B14 PROFIT
GRAND TOTAL (Item B13+B14)
Total Landscape Maintenance for East and West Area $_________________________
$225.35 $82,254
+35%
+35%
+35%
+35%
$115,384.62
$115,384.62
$7,692.31
$53,846.15
$292,307.70
$811.59 $9,739.13
$895.16 $10,742
$2,900 $104,400
$1,900 $22,800
$2,250 $58,500
$288,435.13
$580,742.83
$0
$580,742.83
$1,205,030.53
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
BID TABULATION
Comprehensive Landscape Maintenance Services
RFP 2020-04
Respondent Price
Brightview Landscape Services $1,019.604.65
Gorgeous Landscapes & Lawns, Inc.$885,502.00
SFM Services, Inc. $698,547.70
Superior Landscaping Lawn Service, Inc.$1,076,093.90
VisualScape, Inc. $662,051.04
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
A Brighter Future Begins Here
Presented by Craig Offutt on 4-5-2023
954 240 3746
Craig.Offutt1@brightview.com
VILLAGE OF KEY BISCAYNE
RFP # 2023-07 - COMPREHENSIVE LANDSCAPE AND PARKS MAINTENANCE SERVICES
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
I. Tab A - Representations and Certifications
How We Can Help You
The information in its entirety is proprietary and confidential, used only for the purposes of considering the nature and scope of your business relationshipwith BrightView. The contents of this Response are not to be shared with any present or future service provider. Retention of this Response to Request forInformation signifies your agreement to treat the information as confidential.
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
3
Proposal Form 1: Proposer’s Statement of Organization
BrightView is the nation’s leading commercial landscape company. We take pride in delivering consistently excellent results
for clients across the country, throughout the lifecycle of their landscapes.
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Proposal Form 2: References
Project Name: City of Weston Roadways
Address: Weston
Years of Service: 15+ years
Contact: Thaddeus Bielecki
Phone: 954-389-4321
Email: tbielecki@westonfl.org
Area A: Full Service Landscape Maintenance
Project Name: City of Aventura
Address: Aventura
Years of Service: 22+ years
Contact: Alan Levine
Phone: 305-466-8931
Email: Levinea@cityofaventura.com
Biscayne Blvd, Parks, Government Center & Schools, All Right of Ways
Project Name: Village of Bal Harbour
Address: Bal Harbour
Years of Service: 8+ years
Contact: Jason Atkinson
Phone: 305-993-7334
Email: jatkinson@balharbourfl.gov
Village Wide Landscape & Beach Areas
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Proposal Form 2: References
Project Name: Bay Harbor Islands Landscape
Address: Bay Harbor Islands
Years of Service: 10 years
Contact: Doug Armstrong
Phone: 305-866-6241
Email: darmstrong@bayharborislands-fl.gov
Townwide Landscape Maintenance
Project Name: City of Weston Parks
Address: City of Weston
Years of Service: 2+ years
Contact: Catherine Flenniken
Phone: 864-884-0699
Email: cflenniken@westonfl.org
Park Maintenance and Sports Fields: specialty turf
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
6
Proposal Form 3: Non-Collusion Affidavit
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
7
Proposal Form 4: Drug-Free Workplace
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
8
Proposal Form 5: Independence Affidavit
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
9
Proposal Form 6: Acknowledgment of Addenda
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
10
Proposal Form 7: Certification to Accuracy of Proposal
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
11
Proposal Form 8: Proposal Security
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
12
N/A
Proposal Form 9: Scrutinized Companies
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
13
Exhibit B: Fee Schedule
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
14
Exhibit B: Fee Schedule
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15
Exhibit C: Contractor’s Subcontractors List
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16
Exhibit D: Transition Plan
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17
FINANCIAL STABILITY:
In a separate envelope marked “Confidential,” Proposer must provide the following documentation:
a. Proposer’s most recent certified financial statement together with a breakdown
indicating the Working Capital Ratio, Balance Sheet, and Cash Flow Statement or 2 years
of business income tax returns;
b. Most recent Dun & Bradstreet report (if available); and
c. Warranty: Signed and notarized statement warranting that the Proposer is not insolvent,
is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with
any litigation or other legal or administrative proceedings or investigations of any kind
that would have an adverse effect on its ability to perform its obligations under the
Contract.
Brightview is a publicly traded company under BV on the NYSE
all financial information can be found on the following link below
https://investor.brightview.com/financials-and-filings/sec-filings/default.aspx
Dun & Bradstreet #: 06-625-4509
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
II. Tab B – Executive Summary
How We Can Help You
The information in its entirety is proprietary and confidential, used only for the purposes of considering the nature and scope of your business relationshipwith BrightView. The contents of this Response are not to be shared with any present or future service provider. Retention of this Response to Request forInformation signifies your agreement to treat the information as confidential.
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19
A title page
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
20
A table of contents
Executive Summary: This summary, limited to two typewritten pages, should
provide a high-level description of the Proposer’s ability to meet the requirements
of the RFP and a statement describing why the proposer believes itself to be best
qualified to provide the identified services.
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
21
Deliverables, tasks, activities, etc. as outlined in the
Scope of Services.
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22
List any exceptions to this RFP.
If awarded, there are certain terms and conditions in the agreement that will be reviewed
and agreed upon By both parties prior to signature
Termination rights
Idemnification
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
III. Tab C – Qualifications and Experience
How We Can Help You
The information in its entirety is proprietary and confidential, used only for the purposes of considering the nature and scope of your business relationshipwith BrightView. The contents of this Response are not to be shared with any present or future service provider. Retention of this Response to Request forInformation signifies your agreement to treat the information as confidential.
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Page 24
A Trusted Advisor
LEARN
OFFICESSERVICES
Design
•Landscape Architecture
& Planning
•Design-Build
•Program Management
Develop
•Planting
•Hardscapes
•Pools & Water Features
•Compliance
•Tree Growing & Moving
Maintain
•Landscape
•Tree Care
•Snow & Ice
•Specialty Turf
•Exterior Maintenance
Enhance
•Enhancements
•Sustainability
•Water Management
Miami
•8191 NW 84th Street
•Medley FL. 33166
Dania Beach
•2711 SW 36th Street
•Dania Beach, FL. 33312
Pembroke Pines
•6941 SW 196th Avenue
•Ste 30
•Pembroke Pines FL. 33332
Sunrise
•440 Sawgrass Corporate
Parkway
•Ste 102
•Sunrise, FL. 33325
EMPLOYEES
Miami
•270 Gardeners
•22 Supervisors
•20 Certified Technicians
Dania Beach
•200 Gardeners
•17 Supervisors
•8 Certified Technicians
Pembroke Pines
•150 Gardeners
•10 Supervisors
•4 Certified Technicians
Sunrise
•180 Gardeners
•9 Supervisors
•5 Certified Technicians
Years in Business
•Since 1939
•Over 80 years
Florida Corporation
•BrightView Landscape
Services, Inc.
•FEIN #: 95-419223
Insurance
•Aon Risk Services
•General Commercial
•Auto & Workmans Comp
Bonding Ability
•Aon Risk Services
•Excess of $200 Million
•$25 million for single project
FACTS
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Page 25
A Trusted Advisor
WORK RECOVER LEARN
LICENCES QUALFICATIONS CERTIFICATIONS DEGREES
Maintenance
•FNGLA Certified
Maintenance Technicians
•BMP Train the Trainer
Irrigation
•Florida Certified Plumbers
•Irrigation Association
Member
•Smart Water Irrigation
Pest & Disease
•Florida Certified Operators
•Florida Certified Applicators
•Florida Certified Ag Products
Tree Trimming
•ISA Certified Master Arborist
•ISA Certified Arborist
•TCIA Certified
Best Management
•Florida Friendly Landscaping
•Train the Trainer
Emergency Response
•Certified First Responder
•Competent in Training
Storm Water
•Emergency Recovery
•Certified Assessor
Safety
•State Rules and
Regulations
•Fall Protection
FDOT
•Setup Certified
•Competent Trainer
CPR
•First Aid
•Instructor
OSHA
•Hi Lift Certified
•Osha – 10 card
Horticulturalist
•FNGLA Certified
Technicians
Agronomy
•BA | As
•Florida, Penn State
Horticulture
•BA | As
•Florida, Penn State
Business
•BA | As
•FAU | Florida State
Plant Science
•BA | As
•Florida | Rutgers | Penn
State
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Page 26
Approximately
2,600
play environments including
recreational and theme parks,
sports environments including
MLB, NFL and Olympic venues,
plus the National Mall
PLAY
Nearly
4,000
shopping environments
nationwide
100%
of top ten, third-party hotel
management firms, plus
nearly 2,000 properties
including casinos, golf and
destination resorts, and
conference centers
Serving
2,000
reflection environments
nationwide including
cemeteries, funeral homes
and places of worship
SHOP REFRESH REFLECT
A Trusted Advisor
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Page 27
Preserving a Safe Environment
SHOP
REFRESH
REFLECT
BRIGHTVIEW YOUR E-VERIFIED EMPLOYER
•Ensure 100% compliance with all labor and immigration laws ,we are enrolled in E-Verify in all
states in which we operate.
•The organization’s participation in E- Verify improves our ability to ensure the individuals we
hire and are working on our client’s sites are authorized to work in the United States.
• Additionally, E-Verify is only part of our robust employment verification program. The program
includes a consistent policy and process enterprise-wide, as well as regular training of our staff
and semi-annual auditing to maintain compliance with labor and immigration regulations.
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
LICENSES & CERTIFICATIONS
¾ATSSA Certified - Temporary Traffic Control Supervisor
¾American Red Cross AED/CPR/ First Aid
¾American Red Cross AED/CPR/ First Aid Instructor
¾OSHA 10 Card – Construction Safety and Health
¾FL Pesticide Applicator Certificate – Registered Tech
¾VCLM – Excavation Safety – Competent Person Training
¾VCLM – Forklift Safety – Trainer
¾VCLM Fall Protection Training
¾VCLM Fall Protection – Competent Person /Trainer
¾Pesticide Applicator Certificate for Lawn and Ornamentals
¾ISA Certified Arborist
¾FL Licensed Tree Expert
¾ISA Certified Arborist
¾Certified Tree Risk Assessor
¾Florida Certified Horticulturist
¾Florida Certified Pesticide Applicator
¾Certified Irrigation Contractor and Certified Landscape Irrigation Auditor by the Irrigation Association which is a national certifying body for the
irrigation industry.
¾Average of 30 years of experience in the green industry
¾Degreed horticulturalist
¾Masters of Business Administration
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
FNGLA CERTIFICATIONS
Name: Luis Perez
Organization: BrightView Landscape Services
Organization Phone: 1-407-292-9600
Organization Email: www.brightview.com
Certification: FNGLA Certified Landscape Technician
Certified Since: 1/1/2007
Certification Expiration Date: 9/30/2020
Name: Larry Lentz
Organization: BrightView Landscape Services
Organization Phone: 1-813-994-2309
Organization Email: www.brightview.com
Certification: Florida Water Star Accredited Professional
Certified Since: 7/16/2014
Certification Expiration Date: 3/31/2022
Name: Humberto Guevarez
Organization: BrightView Landscape Services
Organization Phone: 1-407-292-9600
Organization Email: www.brightview.com
Certification: FNGLA Certified Landscape Technician
Certified Since: 9/15/2018
Certification Expiration Date: 9/30/2021
Name: Tyler Drew
Organization: BrightView Landscape Services
Organization Phone: 1-813-297-4695
Organization Email:
Certification: FNGLA Certified Horticulture Professional
Certified Since: 11/21/2018
Certification Expiration Date: 12/31/2021
Expiration Date: 9/30/2021
Name: Luke Facarazzo
Organization: Lukes' Landscaping, Inc.
Organization Phone: 1-954-431-1111
Organization Email: www.lukeslandscapinginc.com
Certification: FNGLA Certified Horticulture Professional
Certified Since: 1/5/2019
Certification Expiration Date: 12/31/2022
Name: Corine Ferre
Organization: BrightView Landscape Services
Organization Phone:
Organization Email:
Certification: FNGLA Certified Horticulture Professional
Certified Since: 1/15/2004
Certification Expiration Date: 3/31/2022
Name: Corine Ferre
Organization: BrightView Landscape Services
Organization Phone:
Organization Email:
Certification: FNGLA Certified Landscape Designer
Certified Since: 1/15/2004
Certification Expiration Date: 3/31/2022
Name: Carlos R Sanchez
Organization: BrightView Landscape Services
Organization Phone: 1-813-297-4695
Organization Email:
Certification: FNGLA Certified Horticulture Professional
Certified Since: 9/28/2018
Certification Expiration Date: 9/30/2021
Name: Carlos R Sanchez
Organization: BrightView Landscape Services
Organization Phone: 1-954-817-7587
Organization Email: www.brightview.com
Certification: FNGLA Certified Horticulture Professional
Certified Since: 9/28/2018
Certification Expiration Date: 9/30/20
Name: Anthony Napoleon
Organization: Lukes' Landscaping, Inc.
Organization Phone: 1-954-431-1111
Organization Email: www.lukeslandscapinginc.com
Certification: Florida Water Star Accredited Professional
Certified Since: 9/24/2015
Certification Expiration Date: 12/31/2021
Name: Robert Marshall
Organization: BrightView Landscape Services
Organization Phone:
Organization Email:
Certification: FNGLA Certified Landscape Maintenance Technician
Certified Since: 10/1/2008
Certification Expiration Date: 12/31/2020
Name: Christian Martinez
Organization: BrightView Landscape Services
Organization Phone: 1-407-292-9600
Organization Email: www.brightview.com
Certification: FNGLA Certified Landscape Technician
Certified Since: 8/9/2014
Certification Expiration Date: 9/30/2020
Name: Daniel L. Kilmer
Organization: Brightview Landscape Services
Organization Phone: 1-703-444-1700
Organization Email:
Certification: FNGLA Certified Horticulture Professional
Certified Since: 9/29/2005
Certification Expiration Date: 12/31/2020
Name: Daniel L. Kilmer
Organization: BrightView Landscape Services
Organization Phone: 1-813-297-4695
Organization Email:
Certification: FNGLA Certified Horticulture Professional
Certified Since: 9/29/2005
Certification Expiration Date: 12/31/2020
Name: Tim Harris
Organization: BrightView Landscape Services
Organization Phone: 1-407-292-9600
Organization Email: www.brightview.com
Certification: FNGLA Certified Landscape Contractor
Certified Since: 11/5/1994
Certification
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30
FIRMS EXPERIENCE & PROJECT TEAM:
Your single point of contact: Senior Account Manager Carlos Sanchez. Carlos currently
manages key accounts in East Dade County. Carlos has been involved in landscape
management services within all of his responsibilities. Mr. Sanchez has been part of the
BrightView family for over 10 years and has over 12 years experience in the industry.
Key Responsibilities: Carlos will be the main point of contact. He will oversee all the
services being requested within our agreement
Biography:Carlos has over 12 years experience and is Certified in Green Industry Best
Management Practices & Turf Grass which provides him the ability to better manage his
teams and ultimately provide a product that exceeds
Sports Turf Manager: Branch Manager Peter Olmedo. Peter currently manages our
municipal and sports field teams in S Florida. Mr. Olmedo has been part of the BrightView
family for over 10 years and has over 15 years experience in the industry.
Key Responsibilities: Peter will oversee Carlos and his teams to ensure all the services
we provide exceed expectation
Biography:Peter has over 15 years experience and is Certified in Green Industry Best
Management Practices & Turf Grass which provides him the ability to better manage his
teams and ultimately provide a product that exceeds
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
TEAM | COMMUNICATION FLOW CHART
CUSTOMER
BRANCH MANAGER
Detail Teams
Monday-Friday
Production
Manager
IRRIGATION
MANAGER
AGRONOMICS
MANAGER
Technicians
Labor
Applicators
Technicians
Sr. ACCOUNT
MANAGER
BRANCH
ADMINISTRATOR
Additional Support
Additional Support
VP, GENERAL
MANAGER
SR, VICE PRESIDENT
Full-Time Porter
Daily
Mow Teams
Monday-Friday
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
CURRENT AND PRIOR EXPERIENCE
BrightView is the nation’s leading commercial landscape company. We take pride in delivering consistently excellent
results for clients across the country, throughout the lifecycle of their landscapes.
Project Name: Right of ways, Medians, Facilities & Parks landscape
Maintenance
Owner: City of Mirarmar
Contract Amount: $250,000 (+)
Percentage complete: 100%
Percentage of subcontracted work: 0%
Project Name: Landscape Maintenance of Boardwalks, Medians & Bumpouts
Owner: City of Miami Beach
Contract Amount: $1,000,000 (+)
Percentage complete: 100%
Percentage of subcontracted work: 0%
Project Name: Landscape Maintenance of medians, right of ways, swales,
common areas
Owner: Ocean Reef Community Association
Contract Amount: $1,500,000 (+)
Percentage complete: 70%
Percentage of subcontracted work: 0%
Project Name: Landscape Maintenance of medians, right of ways,
swales, common areas of the POA
Owner: Harbor Islands POA
Contract Amount: $1,400,000 (+)
Percentage complete: 50%
Percentage of subcontracted work: 0%
Project Name: Landscape Maintenance of medians, right of ways,
swales, common areas of the Town
Owner: Town of Surfside
Contract Amount: $400,000 (+)
Percentage complete: 90%
Percentage of subcontracted work: 0%
Project Name: Landscape Maintenance of Parks, Sports Turf
Owner: Town of Miami Lakes
Contract Amount: $400,000 (+)
Percentage complete: 60%
Percentage of subcontracted work: 0%
Project Name: Landscape Maintenance of Parks, Sports Turf
Owner: City of Weston
Contract Amount: $800,000 (+)
Percentage complete: 40%
Percentage of subcontracted work: 0%
Project Name: Landscape Maintenance of Parks, Sports Turf
Owner: Town of N Miami Beach
Contract Amount: $400,000 (+)
Percentage complete: 70%
Percentage of subcontracted work: 0%
Project Name: Landscape Maintenance of ROW’s, Biscayne Blvd,
Parks, Sports Turf
Owner: City of Aventura
Contract Amount: $2,000,000 (+)
Percentage complete: 50%
Percentage of subcontracted work: 0%
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
CURRENT AND PRIOR EXPERIENCE
BrightView is the nation’s leading commercial landscape company. We take pride in delivering consistently excellent
results for clients across the country, throughout the lifecycle of their landscapes.
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34
COMPANY QUALIFICATIONS:
Proposer must complete and submit Form CQQ, Company Qualifications Questionnaire and Form CR, Client References. Proposer must also include a list of all
public/private clients for the past two (2) years prior to the issuance of this RFP, and any relevant business licenses, including occupation, and Florida registration
(Company certifications, not personal) and a copy of State Corporate or other proof from the State of Florida that Proposer is authorized to do business in this
State.
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
35
INSURANCE:
Proposer/Contractor shall secure and maintain throughout the duration of this RFP
and agreement, if selected, insurance of such types and in such amounts not less than those specified below as satisfactory to Village,
naming the Village as an Additional Insured, underwritten by a firm rated A-X or better by A.M. Best and qualified to do business in the
State of Florida.
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
36
COMPANY AUTHORIZATIONS:
Proposer must complete and submit Form CQQ, Company Qualifications Questionnaire and Form CR, Client References. Proposer must also include a list of all
public/private clients for the past two (2) years prior to the issuance of this RFP, and any relevant business licenses, including occupation, and Florida registration
(Company certifications, not personal) and a copy of State Corporate or other proof from the State of Florida that Proposer is authorized to do business in this
State.
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
BrightView
Expertise
How We Can Help You
The information in its entirety is proprietary and confidential, used only for the purposes of considering the nature and scope of your business relationshipwith BrightView. The contents of this Response are not to be shared with any present or future service provider. Retention of this Response to Request forInformation signifies your agreement to treat the information as confidential.
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
38
KEY ELEMENTS TO A HEALTHY LANDSCAPE
Water W a t e r
Nutrients Nutrients
Aeration A e r a t i o n
Traffic Traffic
Management
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MLB CONSULTANT FOR FIELDS
Field of Dreams
Bowman Field for Little League World Series
Marlins Park
Petco Park
Estadio Latino Americano in Havana, Cuba
Edgar Renteria Stadium
Barranquilla Colombia
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
QUALITY WORKMANSHIP
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
QUALITY WORKMANSHP
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
BRIGHTVIEW DRIVES QUALITY
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IRRIGATION LICENSE
Licensee
Information
Name:VICTORIA, CARLOS MIGUEL (Primary Name)
BRIGHTVIEW LANDSCAPE SERVICES, INC. (DBA Name)
Main Address:8975 SOUTHWEST 198TH TERRACE
MIAMI Florida 33157
County:DADE
License Mailing:
LicenseLocation:4155 EAST MOWRY DRIVE
HOMESTEAD FL 33033
County:DADE
License
Information
License Type:Certified Plumbing Contractor
Rank:Cert Plumbing
License Number:CFC1429383
Status:Current,Active
Licensure Date:09/17/2015
Expires:08/31/2022
Special
Qualifications
Qualification Effective
Construction Business09/17/2015
Luis Acosta, Certified Irrigation
Technician
BrightView Landscape Services
Fort Lauderdale, FL
David Prado, Certified Irrigation
Technician
BrightView Landscape Services
Miami, FL
Miguel Carmona, Certified
Irrigation Technician
BrightView Landscape Services
Miami, FL
Joey Malvaes, Certified
Irrigation Technician
BrightView Landscape Services
Miami, FL
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
LICENSES & CERTIFICATIONS
¾ATSSA Certified - Temporary Traffic Control Supervisor
¾American Red Cross AED/CPR/ First Aid
¾American Red Cross AED/CPR/ First Aid Instructor
¾OSHA 10 Card – Construction Safety and Health
¾FL Pesticide Applicator Certificate – Registered Tech
¾VCLM – Excavation Safety – Competent Person Training
¾VCLM – Forklift Safety – Trainer
¾VCLM Fall Protection Training
¾VCLM Fall Protection – Competent Person /Trainer
¾Pesticide Applicator Certificate for Lawn and Ornamentals
¾ISA Certified Arborist
¾FL Licensed Tree Expert
¾ISA Certified Arborist
¾Certified Tree Risk Assessor
¾Florida Certified Horticulturist
¾Florida Certified Pesticide Applicator
¾Certified Irrigation Contractor and Certified Landscape Irrigation Auditor by the Irrigation Association which is a national certifying body for the
irrigation industry.
¾Average of 30 years of experience in the green industry
¾Degreed horticulturalist
¾Masters of Business Administration
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
RECRUITING AND STAFF
AVAILABILITY
With dozens of locations across Florida and more than 3500 employees in the state, we can dispatch labor, equipment and materials faster
than other landscape service provider.
Recruitment; Currently BrightView has a dedicated recruiting Team involve in 30 Horticulture and Agriculture Colleges throughout the United
States and Puerto Rico. Some of these schools include University of Florida, Ohio State, Auburn, Penn State, Mississippi State and the
University of Puerto Rico. Our internship and success retaining these individuals is unparallel in the Industry. BrightView also sponsors
Scholarships and Industry training through recognized and accredited Landscape Associations.
9 Value Delivery:
BrightView takes a practical, customer-focused approach to delivering landscape services. We pride ourselves on:
•Delivering on our promises. Satisfying customers is at the core of everything BrightView does. BrightView is fanatic about measuring and
improving the way it creates and delivers upon client expectations.
•Personal service based upon specific client needs.BrightView trains, empowers, and provides incentives to local managers to make the
decisions necessary to service and completely satisfy our customers. We strive to fully understand the needs of our customers and to
address those needs with a personal level of service.
•Treating our customers’ dollars as if they were our own.BrightView leverages its scale and expertise to drive down labor and material
expenses and passes those savings through to its customers.
•Anticipating and resolving problems before they arise.With 70+ years in the landscape industry, a highly tenured workforce, and the
best training in the business, BrightView prides itself on bringing the right expertise to bear on landscape problems and resolving problems
right the first time.
BrightView has an unrivalled reputation in the private and public sector working successfully with owners, builders, developers and property
managers to reshape the national landscape.
9 Ensure 100% compliance with all labor and immigration laws ,we are enrolled in E-Verify in
all states in which we operate.
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
LAWN & ORNAMENTAL LICENSES
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
FNGLA
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
FNGLA CERTIFIED MISC
Name: Corine Ferre
Organization: BrightView Landscape Services
Organization Phone: Call: 1-305-863-00251-305-863-0025
Organization email: corine.ferre@brightview.com
Certification: FNGLA Certified Horticulture Professional
Certified Since: 1/15/2004
Certification Expiration Date: 3/31/2025
Additional Memberships: Affiliate Firm
Name: Corine Ferre
Organization: BrightView Landscape Services
Organization Phone:
Organization Email:
Certification: FNGLA Certified Landscape Designer
Certified Since: 1/15/2004
Certification Expiration Date: 3/31/2022
Name: Carlos Sanchez
Organization: BrightView Landscapes
Organization Phone: Call: 1-305-365-75741-305-365-7574
Organization email:
Certification: FNGLA Certified Horticulture Professional
Certified Since: 9/28/2018
Certification Expiration Date: 9/30/2024
Additional Memberships:
Name: Terry Campbell
Organization: Lukes' Landscaping, Inc.
Organization Phone: Call: 1-954-431-11111-954-431-1111
Organization email:
Certification: Florida Water Star Accredited Professional
Certified Since: 4/2/2019
Certification Expiration Date: 6/30/2022
Additional Memberships:
Name: Luke Facarazzo
Organization: Lukes' Landscaping, Inc.
Organization Phone: Call: 1-954-431-11111-954-431-1111
Organization email:
Certification: FNGLA Certified Horticulture Professional
Certified Since: 1/5/2019
Certification Expiration Date: 12/31/2022
Additional Memberships:
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
ISA ARBORIST
Name: Corine M. Ferré
Address: 4155 E Mowry Dr
Homestead, FL 33033
Phone: (786) 999-4483
Email: corine.ferre@brightview.com
Name: Robert Vornbrock
Address: 121 SW 12th St
Pompano Beach, FL 33060
Phone: 561-239-2310
Email: Robert.Vornbrock@brightview.com
BrightView Tree Care Services
Hollywood
Accredited Since 07/14/20
9 Experience includes both instruction and assessment as part of the
program
9 Tests specific knowledge, skills, or competencies associated with learning
outcomes
9 Awards a Qualification only to those participants who meet the standards
for performance, proficiency, or passing score
9 Allows trainers to know and be familiar with the assessment questions
9 Permits trainers to assess their own trainees, depending on the
requirements of a given program
9 Requires credential holders to retrain and retest at the end of a set period
of validity, unless qualification is determined to be valid for life
Certification is available to those who meet predetermined and standardized
criteria for knowledge, skills, or competencies. The knowledge needed to
pass a Certification assessment is learned through self-study and experience.
The assessment is conducted independent of a specific class, course, or
other training program. To retain the credential, certificants must meet
requirements for renewal.
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
BUSINESS TAX & E-VERIFY
10/23/2009111000///222333///222000000999
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
51
EVALUATION CRITERIA FOR SERVICES
Workmans Comp
E-Verify Employer
Legal Citizens
OSHA Certified
State & County Irrigation License
Arborist License
Horticultural Degrees
CPR Certified
Certified Pest Operator
Best Management Practices Certified
Quality Assurance Plan FNGLA Certified
Landscape Designers
Provide Landscape
Renderings
Dedicated Account
Manager
Provide Reports for
Tracking Services
Provide Cloud-base
Software for Live
Look of Services
WHAT IS IMPORTANT TO YOU IS IMPORTANT TO US
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
The information in its entirety is proprietary and confidential, used only for the purposes of considering the nature and scope of your business relationship with BrightView. The contents of this Response are not to be shared with any present or future service provider. Retention of this Response to Request for Information signifies your agreement to treat the information as confidential.
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
EXHIBIT “C”
RATE SCHEDULE
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
>E^W D/Ed EE Z ^d
EƵŵďĞƌŽĨ
LJĐůĞƐͬzĞĂƌ
ϭ dƵƌĨDŽǁŝŶŐ;ŝŶĐůƵĚŝŶŐ͕ďƵƚŶŽƚůŝŵŝƚĞĚƚŽ͕ĞĚŐŝŶŐ͕ĐůĞĂŶƵƉĂŶĚďƵƐŚŚŽŐͿ ϯϲ ϯ͕ϭϳϰ͘ϲϬϭϭϰ͕Ϯϴϱ͘ϲϬ
Ϯ dƵƌĨŝƐĞĂƐĞĂŶĚWĞƐƚDĂŶĂŐĞŵĞŶƚ ϭϮ ϳϲϳ͘ϵϭ ϵ͕Ϯϭϰ͘ϵϮ
ϯ WůĂŶƚĂŶĚ^ŚƌƵďDĂŝŶƚĞŶĂŶĐĞ͕ϭϰͲĚĂLJĐLJĐůĞ;ŝŶĐůƵĚŝŶŐ͕ďƵƚŶŽƚůŝŵŝƚĞĚƚŽ͕ƐŚƌƵďƐ͕ƉůĂŶƚƐ͕
ŚĞĚŐĞƐ͕ƐŵĂůůƚƌĞĞƐĂŶĚƉĂůŵƐфϭϬĨƚͿ Ϯϲ Ϯ͕ϳϳϮ͘ϮϬϳϮ͕Ϭϳϳ͘ϮϬ
ϰ WůĂŶƚĂŶĚ^ŚƌƵďDĂŝŶƚĞŶĂŶĐĞ͕ϯϬͲĚĂLJĐLJĐůĞ;ŝŶĐůƵĚŝŶŐ͕ďƵƚŶŽƚůŝŵŝƚĞĚƚŽ͕ƐŚƌƵďƐ͕ƉůĂŶƚƐ͕
ŚĞĚŐĞƐ͕ƐŵĂůůƚƌĞĞƐĂŶĚƉĂůŵƐфϭϬĨƚͿ ϭϮ ϴϱϴ͘ϬϬϭϬ͕Ϯϵϲ͘ϬϬ
ϱ /ƌƌŝŐĂƚŝŽŶDĂŶĂŐĞŵĞŶƚ;ŝŶĐůƵĚŝŶŐ͕ďƵƚŶŽƚůŝŵŝƚĞĚƚŽ͕ĐůŽĐŬƚĞƐƚƐ͕ƐĞƚƚŝŶŐƐ͕ĂĚũƵƐƚŵĞŶƚƐ͕ĂŶĚ
ŵŝŶŽƌƌĞƉĂŝƌƐͿ ϭϮ ϲϵϵ͘Ϯϳϴ͕ϯϵϭ͘Ϯϰ
ϲ >ŝƚƚĞƌĂŶĚĞďƌŝƐŽŶƚƌŽů ϯϲϱ ϭϵϳ͘ϰϭ ϳϮ͕Ϭϱϰ͘ϲϱ
ϳ Ϯϴϲ͕ϯϭϵ͘ϲϭ
/ƚĞŵ ĞƐĐƌŝƉƚŝŽŶŽĨdĂƐŬ ŶŶƵĂů ƐƚŝŵĂƚĞ йDĂƌŬƵƉ;нͿŽƌ
ŝƐĐŽƵŶƚ;ͲͿ
dŽƚĂů;сŶŶƵĂů
ƐƚŝŵĂƚƚĞdž;ϭ;нͬͲͿ
йͿ
ϴ dƌĞĞĂŶĚWůĂŶƚƐ;ďĂƐĞĚŽŶ͞ĞƚƌŽĐŬ͛ƐWůĂŶƚ&ŝŶĚĞƌʹtŚŽůĞƐĂůĞ'ƵŝĚĞƚŽ&ŽůŝĂŐĞĂŶĚ
KƌŶĂŵĞŶƚĂůWůĂŶƚƐ͟Ϳ Ψϳϱ͕ϬϬϬϯϱй ϭϬϭ͕ϮϱϬ͘ϬϬ
ϵ DŝƐĐĞůůĂŶĞŽƵƐďƵŝůĚŝŶŐƐƵƉƉůŝĞƐĂŶĚŵĂƚĞƌŝĂůƐ Ψϱ͕ϬϬϬϯϱй ϲ͕ϳϱϬ͘ϬϬ
ϭϬ /ƌƌŝŐĂƚŝŽŶWĂƌƚƐΘ^ƵƉƉůŝĞƐ;ďĂƐĞĚŽŶ^ŝƚĞKŶĞ>ĂŶĚƐĐĂƉĞ^ƵƉƉůLJĂƚĂůŽŐ͗͞tŚŽůĞƐĂůĞ͘͟ Ψϯϱ͕ϬϬϬϯϱй ϰϳ͕ϮϱϬ͘ϬϬ
ϭϭ ŚĞŵŝĐĂůƐΘ&ĞƌƚŝůŝnjĞƌƐ Ψϳϱ͕ϬϬϬϯϱй ϭϬϭ͕ϮϱϬ͘ϬϬ
ϭϮ Ϯϱϲ͕ϱϬϬ͘ϬϬ
ϭϯ ϱϰϮ͕ϴϭϵ͘ϲϭ
ϭϰ ϰϱ͕ϲϲϬ͘ϱϵ
ϱϴϴ͕ϰϴϬ͘ϮϬ
>E^W D/Ed EE Z t ^d
EƵŵďĞƌŽĨ
LJĐůĞƐͬzĞĂƌ
ϭ dƵƌĨDŽǁŝŶŐ;ŝŶĐůƵĚŝŶŐ͕ďƵƚŶŽƚůŝŵŝƚĞĚƚŽ͕ĞĚŐŝŶŐ͕ĐůĞĂŶƵƉĂŶĚďƵƐŚŚŽŐͿ ϯϲ Ϯ͕ϱϭϰ͘ϯϬϵϬ͕ϱϭϰ͘ϴϬ
Ϯ dƵƌĨŝƐĞĂƐĞĂŶĚWĞƐƚDĂŶĂŐĞŵĞŶƚ ϭϮ ϳϳϲ͘ϭϭϵ͕ϯϭϯ͘ϯϮ
ϯ WůĂŶƚĂŶĚ^ŚƌƵďDĂŝŶƚĞŶĂŶĐĞ͕ϭϰͲĚĂLJĐLJĐůĞ;ŝŶĐůƵĚŝŶŐ͕ďƵƚŶŽƚůŝŵŝƚĞĚƚŽ͕ƐŚƌƵďƐ͕ƉůĂŶƚƐ͕
ŚĞĚŐĞƐ͕ƐŵĂůůƚƌĞĞƐĂŶĚƉĂůŵƐфϭϬĨƚͿ Ϯϲ ϭ͕ϵϱϬ͘ϳϱϱϬ͕ϳϭϵ͘ϱϬ
ϰ WůĂŶƚĂŶĚ^ŚƌƵďDĂŝŶƚĞŶĂŶĐĞ͕ϯϬͲĚĂLJĐLJĐůĞ;ŝŶĐůƵĚŝŶŐ͕ďƵƚŶŽƚůŝŵŝƚĞĚƚŽ͕ƐŚƌƵďƐ͕ƉůĂŶƚƐ͕
ŚĞĚŐĞƐ͕ƐŵĂůůƚƌĞĞƐĂŶĚƉĂůŵƐфϭϬĨƚͿ ϭϮ ϭ͕ϲϰϳ͘ϯϬϭϵ͕ϳϲϳ͘ϲϬ
ϱ /ƌƌŝŐĂƚŝŽŶDĂŶĂŐĞŵĞŶƚ;ŝŶĐůƵĚŝŶŐ͕ďƵƚŶŽƚůŝŵŝƚĞĚƚŽ͕ĐůŽĐŬƚĞƐƚƐ͕ƐĞƚƚŝŶŐƐ͕ĂĚũƵƐƚŵĞŶƚƐ͕ĂŶĚ
ŵŝŶŽƌƌĞƉĂŝƌƐͿ ϭϮ ϳϬϯ͘ϲϱϴ͕ϰϰϯ͘ϴϬ
ϲ >ŝƚƚĞƌĂŶĚĞďƌŝƐŽŶƚƌŽů ϯϲϱ ϭϵϱ͘ϯϴϳϭ͕ϯϭϯ͘ϳϬ
ϳ ϮϱϬ͕ϬϳϮ͘ϳϮ
/ƚĞŵ ĞƐĐƌŝƉƚŝŽŶŽĨdĂƐŬ ŶŶƵĂů ƐƚŝŵĂƚĞ йDĂƌŬƵƉ;нͿŽƌ
ŝƐĐŽƵŶƚ;ͲͿ
dŽƚĂů;сŶŶƵĂů
ƐƚŝŵĂƚĞdž;ϭ;нͬͲͿ
йͿ
ϴ dƌĞĞĂŶĚWůĂŶƚƐ;ďĂƐĞĚŽŶ͞ĞƚƌŽĐŬ͛ƐWůĂŶƚ&ŝŶĚĞƌʹtŚŽůĞƐĂůĞ'ƵŝĚĞƚŽ&ŽůŝĂŐĞĂŶĚ
KƌŶĂŵĞŶƚĂůWůĂŶƚƐ͟Ϳ Ψϳϱ͕ϬϬϬϯϱй ϭϬϭ͕ϮϱϬ͘ϬϬ
ϵ DŝƐĐĞůůĂŶĞŽƵƐďƵŝůĚŝŶŐƐƵƉƉůŝĞƐĂŶĚŵĂƚĞƌŝĂůƐ Ψϱ͕ϬϬϬϯϱй ϲ͕ϳϱϬ͘ϬϬ
ϭϬ /ƌƌŝŐĂƚŝŽŶWĂƌƚƐΘ^ƵƉƉůŝĞƐ;ďĂƐĞĚŽŶ^ŝƚĞKŶĞ>ĂŶĚƐĐĂƉĞ^ƵƉƉůLJĂƚĂůŽŐ͗͞tŚŽůĞƐĂůĞ͘͟ Ψϯϱ͕ϬϬϬϯϱй ϰϳ͕ϮϱϬ͘ϬϬ
ϭϭ ŚĞŵŝĐĂůƐΘ&ĞƌƚŝůŝnjĞƌƐ Ψϳϱ͕ϬϬϬϯϱй ϭϬϭ͕ϮϱϬ͘ϬϬ
ϭϮ Ϯϱϲ͕ϱϬϬ͘ϬϬ
ϭϯ ϱϬϲ͕ϱϳϮ͘ϳϮ
ϭϰ ϯϴ͕ϯϲϭ͘ϴϳ
ϱϰϰ͕ϵϯϰ͘ϱϵ
ϱϴϬ͕ϳϰϮ͘ϴϯ
>E^W D/Ed EE Z ^dΘt ^ddKd>ϭ͕ϭϯϯ͕ϰϭϰ͘ϳϵ
ƌŝŐŚƚsŝĞǁ>ĂŶĚƐĐĂƉĞ
^hdKd>;/ƚĞŵƐϴƚŚƌƵϭϭͿ
ƌŝŐŚƚsŝĞǁ>ĂŶĚƐĐĂƉĞ
WZK&/d
'ZEdKd>;/ƚĞŵϭϯнϭϰͿ
/ƚĞŵ ĞƐĐƌŝƉƚŝŽŶŽĨdĂƐŬ ŽƐƚƉĞƌLJĐůĞŶŶƵĂůdŽƚĂů
/ƚĞŵ ĞƐĐƌŝƉƚŝŽŶŽĨdĂƐŬ ŽƐƚƉĞƌLJĐůĞŶŶƵĂůdŽƚĂů
^hdKd>;/ƚĞŵƐϭƚŚƌƵϲͿ
dKd>;/ƚĞŵϳнϭϮͿ
^hdKd>;/ƚĞŵƐϭƚŚƌƵϲͿ
^hdKd>;/ƚĞŵƐϴƚŚƌƵϭϭͿ
dKd>;/ƚĞŵϳнϭϮͿ
WZK&/d
'ZEdKd>;/ƚĞŵϭϯнϭϰͿ
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
/ƚĞŵ ĞƐĐƌŝƉƚŝŽŶŽĨdĂƐŬ hŶŝƚ ŽƐƚ;ΨͬhŶŝƚͿ
ϭ ^ƚ͘ƵŐƵƐƚŝŶĞ͞WĂůŵĞƚƚŽ͟^ŽĚ ^ƋƵĂƌĞĨŽŽƚ Ϭ͘ϵϬ
Ϯ dŝĨǁĂLJϰϭϵ^ŽĚ ^ƋƵĂƌĞĨŽŽƚ Ϯ͘ϬϬ
ϯ ĞůĞďƌĂƚŝŽŶĞƌŵƵĚĂ^ŽĚ ^ƋƵĂƌĞĨŽŽƚ Ϯ͘ϬϬ
ϰ ŽLJƐŝĂ^ŽĚ ^ƋƵĂƌĞĨŽŽƚ Ϯ͘ϬϬ
ϱ ĂŚŝĂ^ŽĚ ^ƋƵĂƌĞ&ŽŽƚ Ϭ͘ϴϱ
ϲ ^ƉĂŶŝƐŚ'ŽůĚDƵůĐŚʹϮĐƵ͘&ƚďĂŐ ĞĂĐŚ ϲ͘ϬϬ
ϳ ^ŽŝůʹϱϬͬϱϬŵŝdž ƵďŝĐzĂƌĚ ϳϱ͘ϬϬ
ϴ ^ŽŝůʹϴϬͬϮϬŵŝdž ƵďŝĐzĂƌĚ ϭϬϬ͘ϬϬ
ϵ ŶŶƵĂůƐDŝdž ƵďŝĐzĂƌĚ ϭϮϬ͘ϬϬ
ϭϬ ^ĂŶĚ ƵďŝĐzĂƌĚ ϳϬ͘ϬϬ
ϭϭ ŝŽͲĂƌƌŝĞƌϭϮ͟ZŽŽƚĂƌƌŝĞƌ >ŝŶĞĂƌĨŽŽƚ ϯϱ͘ϬϬ
ϭϮ ^ƚƵŵƉ'ƌŝŶĚŝŶŐʹϯͲƉĞƌƐŽŶĐƌĞǁƉůƵƐĞƋƵŝƉŵĞŶƚ ,ŽƵƌůLJ ϳϱ͘ϬϬ
/ƚĞŵ ĞƐĐƌŝƉƚŝŽŶŽĨdĂƐŬ hŶŝƚ ŽƐƚ;ΨͬhŶŝƚͿ
ϭ >ĂďŽƌĞƌͬ'ƌŽƵŶĚƐŬĞĞƉĞƌ ,ŽƵƌůLJ ϯϭ͘ϬϬ
Ϯ /ƌƌŝŐĂƚŝŽŶ,ĞůƉĞƌ ,ŽƵƌůLJ ϰϬ͘ϬϬ
ϯ /ƌƌŝŐĂƚŝŽŶdĞĐŚŶŝĐŝĂŶͲĞƌƚŝĨŝĞĚ ,ŽƵƌůLJ ϳϱ͘ϬϬ
ϰ >ĂƌŐĞ ƋƵŝƉŵĞŶƚKƉĞƌĂƚŽƌ ,ŽƵƌůLJ ϲϬ͘ϬϬ
ϱ ^ƵƉĞƌǀŝƐŽƌͬ&ŽƌĞŵĂŶ ,ŽƵƌůLJ ϲϱ͘ϬϬ
ϲ 'ƌĂĚƵĂƚĞ,ŽƌƚŝĐƵůƚƵƌŝƐƚ ,ŽƵƌůLJ ϭϬϬ͘ϬϬ
ϳ ŽďĐĂƚǁͬŽƉĞƌĂƚŽƌ ,ŽƵƌůLJ ϭϮϱ͘ϬϬ
ϴ &ƌŽŶƚĞŶĚůŽĂĚĞƌǁͬŽƉĞƌĂƚŽƌ ,ŽƵƌůLJ ϮϬϬ͘ϬϬ
ϵ ϭϴLJĂƌĚĚƵŵƉƚƌƵĐŬǁͬĚƌŝǀĞƌ ,ŽƵƌůLJ ϭϮϬ͘ϬϬ
ϭϬ ϳϱƚŽŶĐƌĂŶĞǁͬŽƉĞƌĂƚŽƌ ,ŽƵƌůLJ ϯϬϬ͘ϬϬ
ϭϮ ůŝŵďĞƌͬƚƌŝŵŵĞƌ ,ŽƵƌůLJ ϳϱ͘ϬϬ
ϭϯ ŚŝƉƉĞƌƚƌƵĐŬǁͬŽƉĞƌĂƚŽƌ ,ŽƵƌůLJ ϳϱ͘ϬϬ
hE/dWZ/ ^&KZ>KZĂŶĚ Yh/WD EdͲ^hWW> D Ed>tKZ<
ƌŝŐŚƚsŝĞǁ>ĂŶĚƐĐĂƉĞhE/dWZ/ ^&KZDd Z/>^Ͳ^hWW> D Ed>tKZ<
DocuSign Envelope ID: F2B916F7-EFAC-4B42-9172-1A7FC5B1D01C
Base Services Number of
Cycles/Year
Cost per
Cycle Annual Total Number of
Cycles/Year
Cost per
Cycle Annual Total
Turf Mowing (including, but not limited to, edging, clean up and
bush hog)36 $ 3,000.00 $ 108,000.00 36 $ 2,240.00 $ 80,640.00
Turf Disease and Pest Management 12 $ 700.00 $ 8,400.00 12 $ 699.55 $ 8,394.60
Plant and Shrub Maintenance, 14-day cycle (including, but not
limited to, shrubs, plants, small trees and palms <10ft)26 $ 2,500.00 $ 65,000.00 26 $ 1,850.00 $ 48,100.00
Plant and Shrub Maintenance, 30-day cycle (including, but not
limited to, shrubs, plants, hedges, small trees and palms <10ft)12 $ 900.00 $ 10,800.00 12 $ 1,500.00 $ 18,000.00
Irrigation Management (including, but not limited to, clock tests,
settings, adjustments, and minor repairs)12 $ 680.00 $ 8,160.00 12 $ 648.00 $ 7,776.00
Litter and Debris Control 365 $ 185.00 $ 67,525.00 365 $ 177.25 $ 64,696.25
SUBTOTAL (Items 1 thru 6) $ 267,885.00 $ 227,606.85
PROFIT $ 21,430.80 $ 20,484.62
TOTAL $ 289,315.80 $ 248,091.47
Discretionary Services Annual
Estimate % Markup Total Annual
Estimate % Markup Total
Tree and Plants (based on “Betrock’s PlantFinder –Wholesale
Guide to Foliage and Ornamental Plants”)$75,000 30%$97,500 $75,000 30%$97,500
Miscellaneous building supplies and materials $5,000 30%$6,500 $5,000 30%$6,500
Irrigation Parts & Supplies (based on SiteOne Landscape Supply
Catalog: “Wholesale.”$35,000 30%$45,500 $35,000 30%$45,500
Chemicals & Fertilizers $75,000 30%$97,500 $75,000 30%$97,500
SUBTOTAL $247,000 $247,000
TOTAL $ 536,315.80 $495,091.47
GRAND TOTAL (AREA EAST + AREA WEST)
Landscape Maintenance Area East Landscape Maintenance Area West
8.00%9.00%
$ 1,031,407.27