Loading...
HomeMy Public PortalAbout2024-10 Selecting Green Dreams Paradise Corporation for Arboricultural Tree Trimming ServicesRE SO LUTIO N NO . 2024-10 A RE SO LUTIO N O F TH E VILLAG E CO UN CIL O F TH E VILLAG E O F K EY BISCAYNE, FLO RI DA, SELECTING G RE EN DREAM S PARA DISE CO RPO RA TIO N FO R ARB O RI CULTURA L TRE E TRIM M ING SERVICES; PR O VIDING FO R AUTH O RIZATIO N; AND PRO VIDING FO R AN EFFECTIV E DATE. W H EREAS, on November 21, 2023, the Village of Key Biscayne (the "Village") issued Invitation to Bid No. 2023-17 (the "ITB") for arboricultural tree trimming services for the maintenance of all public trees within the Village's rights-of-way, landscape buffers, parks and facilities (the "Services"); and WHEREAS, the Village received six (6) sealed bids by the ITB submission deadline; and WHEREAS, after review and evaluation of the submitted bids, the Village Manager recommended that Green Dreams Paradise Corporation (the "Contractor") be selected to perform the Services as the lowest, most responsive and responsible bidder; and WHEREAS, the Village Council desires to select the Contractor to provide the Services and authorize the Village Manager to negotiate and execute an agreement with the Contractor, consistent with the Contractor's bid attached hereto as Exhibit "A"; and WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare of the residents of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals. That each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Selection. That the Village Council hereby selects the Contractor for the Services. Page I of2 Section 3. Authorization. That the Village Council hereby authorizes the Village Manager to negotiate and execute an agreement with the Contractor, consistent with the Contractor's bid attached hereto as Exhibit "A," subject to the approval of the Village Attorney as to form, content, and legal sufficiency. Section 4. adoption. Effective Date. That this Resolution shall be effective immediately upon PASSED and ADOPTED this 13th day of February , 2024. ATTEST: VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~J~ WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY Page 2 of2 EXHIBIT A Arboricultural Services- !TB# 2023-17 SECTION 5. FORMS, AFFIDAVITS, AND ATTACHMENTS FORM 1 RESPONSE CHECKLIST Form 1: Response Checklist Form 2: Addendum Acknowledgment Form 3: Certificat7 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) J Form 4: Proposer's Statement of Organization Form 5: References J Form 6: Affidavits ' • Form 6A: Single Execution Affidavits • Form 6B: Independence Affidavit • 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 16: Insurance and License Certificates ATTACHMENTS A: Draft Contract/ Agreement B: Performance Evaluation C: Harwood Trees and Coconut Palms Inventory D: Harwood Trees and Coconut Palms Invoice Backup EXHIBITS A: Scope of Services B: Fee Schedule/Price Proposal C: Certificate of Insurance 29 !"#$"%&'()'"*( +,"-%&,. / 012 3 2023-17 FORM 2 ADDENDUM ACKNOWLEDGEMENT Solicitation Title: ARBORICULTURAL SERVICES Solicitation No.: 1TB 11 2023-17 4%.),5 #,($6 *", )7, 5*),. $8 %..', 8$" ,*&7 !55,95': ",&,%-,5 %9 &$99,&)%$9 6%)7 )7%. +$(%&%)*)%$9; !55,95': <$= j_. >*),5 1..} 2. >? @A !55,95': <$= >*),5 !55,95': <$= >*),5 !55,95': <$= >*),5 !55,95': <$= >*),5 !55,95': <$= >*),5 !55,95': <$= >*),5 !55,95': <$= >*),5 !55,95': <$= >*),5 !55,95': <$= >*),5 !55,95': <$= >*),5 B <$ !55,95': %..',5 8$" )7%. +$(%&%)*)%$9 C%":D. <*:,; E F ))9 > F/)GH mJ F IJKI a lSt ( or L M !')7$"%N,5 O,L",.,9)*)%-,D. <*:,; _r\~~~'Q~b_\~N\~(J\~(;~i~{A~f _ 1%)(,; I F t~ i c\ fJ (\1 P:*%(; I K -tf,Y) >Q DR SK! 88H8 T'H (ti ohs-e ~ ~ Q 7 O U M Coro T7$9, <':#,"; l E 0 48V \J) i \) · - 3 \() W !')7$"%N,5 +%X9*)'",; I YYY==== 30 A r b o r ic u lt u r a l S e r v i c e s - ITB # 2023-17 FORM 3A CERTIFICATE OF AUTHORITY (If Corporation) I H ER EB Y CERTIFY that a meeting of the [circle one] Board ,~?Partners of t\ ~ t~Y\ ffQtu&' ~C\({AOt\\,£1 C~(p. -------~ a business existing under the laws of the State of I \ 0 Y \ ~ OJ (the "Entity") held on \ ~ Y\\,A Q (\A C3 -n-\ , 2o_W, the following resolution was duly <J J passed and adopted: "RESOLVED, that, \\ a Y\ D \ ~ a (A a J , as - ~ X g ~ \ ~ t Y\i of the Entity, be and is hereby authorized to execute this Proposal dated 0 a '(\'y\(A'(\j g '2ol~L on . l behalf of the Entity and submit this Proposal to the Village of Key Biscayne, and this Entity and the execution of this Certificate of Authority, attested to by the Secretary of the Corporation, and with the Entity's Seal affixed, will be the official act and deed of this Entity." I FURTHER CERTIFY that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Entity this _\)--=--V)..,___ day of-'d-1\-=-a _,___.__QJ-'--Q'--~-+-----' 20~rl. 0 J Secretary:____________ President:---=-~------- Print Name: 'rl (1 f\ G\ M (A ( i a,,c. Print Name: ----------- (Seal) 31 A r b o r ic u lt u r a l S e r v ic e s - ITB 11 2 0 2 3 -1 7 FO RM 4 PROPOSER'S STATEMENT OF ORGANIZATION 1 . 2. Principal Business Address, Phone and Email Address: ~W/l1a~~1r ?~~;~)o;:~.::~.nLbeJ 1 fl. 3333J 3. 4. Principal Contact Person(s): aw1J~a~~~f!~~~~~t1 ~( Form of Proposer (Corporation, Partnership, Joint Venture, Other): A. B. C. D. E. F. If a corporation, in what stat incorporated: _,f_\....,D~Y -'-~\ ~ci~~-------- Date Incorporated: _O .:....><........>f-c-"'ri,'-+-'w..,0-'c+l. = _ Federal ID Number (EIN)--+...,__---'-'c......u."--'-........,.'--'----~-------­ lf a joint Venture or Partnership, date of Agreement: _N'--'-. -'-e.,-'--------­ Name and address of all partners (state whether general or limited partnership): ~~~~-'--------------------­ 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 J\ anoi Wl lLG f CJS PH J i d-tni f\\q W'\Gh1) DGitDr((, C.ba \ V !Yl_(Ul ~------ 6. Indicate the number of years' proposer has had current continual successful experience performing work of a similar scope relevant to this 1TB Agreement. '1- • S: ~ ('.,C\(! 7. List all entities participating in this Agreement (including subcontractors if applicable): Address Title A. "' (;\) \ . py 'd\ e,nT. B. C. D. 8. Outline specific areas of responsibility for each entity listed in Question 7. A. B. C. 33 A r b o r icu lt u r a l S e r v ic e s - IT B # 2023-17 D. 9. County or muni~pal business tax receipt number (attach copies): County: "1 V}~vj~ 16 Municipal: 1" \P 6'g q 2 C\ 10. 11. Have you ever failed to complete any work awarded to you? Yes__ No __i_ If yes, attach a separate sheet of explanation. Within the last five years, has any officer or partner of your organization ever been an officer or partner of another organlzatlon that failed to complete an Agreement? Yes__ No _J-_ If yes, attach a separate sheet of explanation. 12. Within the last five yeaz, have you ever had a performance, payment or bid bond called? Yes__ No If yes, attach a separate sheet of explanation. 13. 14. 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. 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 L 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__ Nol 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 j_ 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 1._ 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 _:b_ If yes, attach a separate sheet of explanation. 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? 34 A rb o ric u ltu ra l Services - ITB II 2023-17 Yes No.1:_ 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 'A If yes, attach a separate sheet of explanation. 22. 23. 24. Have you made a site visit?-~}~ __ Yes, No How soon after the award can you begin work? Days. 25. How did you hear about the ITB? Indicate if it was via the Village's website, internet search, DemandStar, newspap r11 email, eJc. T e Village of Key Biscayne is always looking for ways to improve its services. "ti Ui [ l{ Signature (Blue ink only) t\ aYJv, M~ aar. Title Date STATE OF fl b Yi~°' COUNTY O F ~{ t ~l\, <di. ~~e nCTf)O\ Maua-a~was acknowledged befor:smettrf:rfu-~f 0 ~ YI \Au~ :' {Nam e of PF.R on acknow ledging) rl (Title) tor ~ He,o J.lXtC\MS YlJY"ulvilSf; Gtl.(f. (Com pany nam e) Personally known to me~ or has produced Identification __ , type of identification produced ~ SIGNAT~~ (NOTARY SEAL HERE) __ .. -;~v ,,;;;-... Alf'.JANORO OATORR< [f,~"i:\ Notary Public - State of Florida \.~'OOs/ Commis1ion # HH 281124 ··:::?o, r,.~~-- My Comm. Expires Jun 27, 2026 · Bonded through National Nota ri Assn. 35 A r b o r ic u lt u r a l S e r v ic e s - IT B # 2023-17 FORM 5 CLIENT REFERENCES PRINT CLEARLY REFERENCE #1 Nam e of Com pany: TOW n Of Davi fJ Reference Contact Nam e: I\ W\ lee, -~~~-------------- Contact Title: U V 'o U Y\ fO'( lJ i£A: Contact Telephone: l ~54) 1- ~J- - \ 0 Jg Contact Em ail: i\'M\. tt;~ aa~\etf\.OiO\J Contract Start Date: lQ lO Con~ract End Date: ~(~J\A~V~t~etJt~----- REFERENCE #2 Nam e of Com pany: ,11 \' ~ ae; D f e I p D (tZU Reference Contact Nam e: ti)'(\ Si l v\ s . fr\ OIJ Contact Title: ~ \ \ \ C\ ~ t, M a Y\ ~ (¥1 Contact Telephone: _ Contact Em ail: \Ji\\ Ll (lf; ro Oi f\ (A ~u e Vi\ \Q Ll{;Dt et\ ~Drl1il. 0 f § Contract Start Date: 10 tb J Contract En~ Date: _W~Y ~(€~, M~----- REFERENCE #3 Nam e of Com pany: ti DJ\ D t D OJ<-\ {10 Q Q, (\l . J . ' Reference Contact Nam e: CV\ V IS to~ YI Ql Ca VP\ f.;\ \ 0 ContactT itle: Quo\) (1 W~Y I(~ Mu f\ Q ~ .. e,,r Contact Telephone: L q 54) \o 3 0 - I..\, 4 3 '2! Contact Em ail: c Y\ nstopnet. ca~ pi I() \ O@ Q aJ-! a odr~ (I<'. f I. 9 nv Contract Start Date: NO'{· 2013 Contract End Date: _,_C"-\A-"-('--'('---"f,,~(\;--'f'-------- 36 A r b o r ic u lt u r a l S e r v ic e s - ITB # 2023-17 REFERENCE #4 Nam e of Com pany: Pri '( CD yY) m \A \1\,/2:b {J / /t\ M {j) Reference Contact Name: ~ \ ~~~£~ DDrv:wog\A(t ContactT itle: ~ i r f ( tbi ~f (exvi ClJf. Qua\ \:N 1 Co{),\ -r f 1A (k\ 0 (\ Contact Telephone: ( j D f1 j J::1'-:b ~ V)V\ \ J Contact Em ail: \~ hL~ SlS- {) Oro In 11.H/t ~/ UA (Y) ();'.J' (,,{)(() n j ~ ~ Contract Start Date: 10\ L} Contract End Date:-=G--CJ.UY.,_._{...>...Of,rJ'--"-+------- REFERENCE #5 Nam e of Com pany: C \ bA D t \ u Ma r ~ G Reference Con~act Name: j \, e ~ f i'(t\ & (j~ vd\ ContactTitle: >i'\YO\AVHA& M G\\f\t{nethc0 S0t9etv1~0 r Contact Telephone: l ~ 6" 4) ~ 0) 1 - J n l-- contact Em ail: \t~ LtD ~ . \:J ~ ( ~ ~ f~ mQ y~ Cr O Y ~. Contract Start Date: ~ Q 1 , Contract End Date: .......,·· '-"-'UL..C-v if"-"l"'--'-M"'-'------- 37 A r b o r ic u lt u r a l S e r v ic e s - IT B It 2023-17 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 OA HIS. 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 STA1~MENTS MADE: By: tiann i ~!\Qua[ For (Name of Proposing or Bidding Entity): CJ re.to D YUHY)J' e~ (0\ d, j ~ e Co Q). Whose business address is: \0 oa \ S w \ g 6 W C\~. & bUtb w e,s t I<-CH'\ (,V) ts, n. · 33 j ~b'i And (if applicable) its Federal Employer Identification Number (FEIN) is: L\ ~' 3 Y 31-l \v' lf (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. • 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 Ill, Public Accommodations and Services Operated by Private entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. • The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section 553.501- 553.513, Florida Statutes: • The Rehabilitation Act of 1973, 229 USC Section 794; • The Federal Transit Act, as amended 49 USC Section 1612; • The Fair Housing Act as amended 42 USC Section 3601-3631. Proposer Initials 38 A r b o r ic u lt u r a l S e r v ic e s - IT B Ii 2023-17 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 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.} ('}J 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. 39 A r b o r icu lt u r a l S e rv ic e s - 1T B II 2023-17 [ I 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). 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 40 A r b o r ic u lt u r a l S e r v ic e s - IT B # 2023-17 County Code Section 2-11 .1, as applicable to Village, or the provisions of Chapter 112, part Ill, 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, 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 1TB 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 1TB 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 1TB 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. 41 A r b o r ic u lt u r a l S e r v ic e s - 1TB # 2023-17 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 1TB. 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 Acknow ledgm ent, W arranty. 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 1TB # 2023-17 ARBORICULTURAL 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 Tru th 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 Notariz:ation fo r all above Affidavits fo llow s on the next page 42 A rbo ricultural Services - 1TB # 2023-17 s;gned,,ea~ Print Name: ti 0v n O \ M Ll 0} C71J Title: ~ ( {S \ ~:€,;M Witness #2 Print Name: \\ (.A ( I J ,f; t rv') lWjl h Gt ACKNOWLEDGMENT State of Florida County of i(\) \N (}ft ' On this it\'t day of-i~'+-"--"-l--"'\A'-'-~"-"-Y'J-"-b1-( _,, 20~ before me the undersigned, personally appeared :tJ: (lx) 0 ·i M fA L1 OJ?r , 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 43 A r b o r ic u lt u r a l S e rv ic e s - ITB # 2 0 2 3 -1 7 FORM 6B INDEPENDENCE AFFIFAVIT The undersigned individual, being duly sworn, deposes and says that: I am _V_Y~t=~~ld~-<~,~D~t of ewu,n .DY-ta ms rttrvicliU'.,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"): N,_. 44 - Arboricultural Services - /TB# 2023-17 Signature (Blue ink only) Print Name Title Date sTATEoF f\ov1ol ~ J co u NTY OF Cb '('i) w Cl.,,rVl The foregoing instrument was acknowledged before me this t ~day of J a rn J {A Dj--· 2od.Y by n Q !\ 0 \ tv\ 0\ Ll Ot s as r ( e s i o1-UYf (Nam e of person acknowledging) (Title} for SW RJ>.n D Y- ta tD ~ P G\JYul el f "L, (Com pany nam e) Personally known to me j__ or has produced Identification __ , type of identification produced _ (NOTARY SEAL HERE) , PE/STAMP NAME OF NOTAR 45 A r b o r ic u lt u r a l S e rv ic e s - IT B # 2023-17 FORM 6C NON-COLLUSION AFFIDAVIT The undersigned individual, being duly sworn, deposes and says that: He/She is \I Y { ~ l ~{Jrvt 1. 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 1TB 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. 46 A r b o r ic u lt u r a l S e r v ic e s - ITB II 2023-17 Signature (Blue ink only) U ®O i MCI u\lH Print Name ~Y{S\~fnt Title ~\\~nd~. Date sTATEOF E\~n~C\ ) COUNTYOF1fowct~ ) on-} Y/lt/\ll 'Jt..\ The foregoing instrument was acknowledged before me this _b __ day of~~, 20~, J by h C\ Y\ D \ M 0 Ll Cl ~ as ____;_~-'-'re"'-=,i-'-'! ~'-'-f,_.._.,f\K"-'-------- (Name af person acknowledging) (Title) tor Gw:een Qy-~,litnJ PllffiCvl~. (Company name) / Personally known to me __ or has produced Identification __ , produced /IA -. ---=·~:__:::·~12 ~. ;t;.___,_....,....---­ (NOTARY SEA\L_.H.;ER;.E..i,l .. ..- ... ._. .. ....,_.. .... r lG N A TU R E OF NOTARY PUBLIC type of identification .. {J~ •~--- ALEJANDRO DATORRE (f~'i--,\ Notary Public • State of Florida \':l00 $'i Commission ,1 HH 281124 RINT, TYPE/STAMP NAME OF NOTARY -._~1.on'-f/ ~Y Comm. Expires Jun 27, 2026 · 6onced through National Notary Assn. 47 A r b o r icu l t u r a l S e rv ic e s - !TB ti 2023-17 FORM 7 DRUG FREE WORKPLACE The undersigned proposer in accordance with Chapter 287.087, Florida Statutes, hereby certifies that 8'tt.e.n OUDN\{ ~~~~ i½ [1) {cl2~s: (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 1TB document a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the ernployee that, as a condition of working on the contractual services described in the 1TB 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. 48 Arboricultural Services - !TB# 2023-17 Signature (Blue ink only) Print Name Title Date STATEOF f\OY'!Oi~ . .,,,.I CO UNTY OF Q:l1J w (JJY V\ The foregoing instrument was acknowledged before me this D i111day of J ~ 0 lA Ovrvy , 20.l~t by \\ Cv(\Q \ \VI O l/1 ~ t as-~--'-(__,_,__,{ J'---'--i -=->-~ £...,,.._,b,._,_.,__j _ {Name of person acknowledging) for ~ ( e~/n G Y] CJ.rY\ u p O.Gi ct i «. (Title) (Company name) Personally known to me j_ or has produced Identification_, type of identification produced _ (NOTARY SEAL HER E) SIGNATURE OF NOTARY PUBLIC _. .. ._;,i/•ii/.. A~EJANDRO 0ATORR: . ff~':\ Notary Public • State of Florida ,,,:.:~,;'! Commission# HH 281124 ..._~"i:o,'i'-'f.··' My Comm. Expires Jun 27, 2026 .. · ··300cec through National Neta Assn. , YP E/STAMP NAME OF NOTARY 49 A rb o ric u ltu ra l Se rv ic e s - ITB ti 2023-17 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 1TB and the Agreement has taken place and that the proposer is fully informed and understands the requirements of the 1TB 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 Pr (S: I a:e0,t of ew ten Orea ti)~ p Q r~,cl,i fl, 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 f \ 6Y1 C\ Cl COUNTY OF b'(DW Cl (Z;t The foregoing instrument was acknowledged before me this i n,day of I~ l)\ )"\ \A Cl~, 20..l ~ by _Ji_a D o i M ~ vi. 12 J as _v ~..,_,_{...._r \'-"'-'-d-'-'-f.n;~t'---- (Name of person acknowledging) (Title) for t'W££\{\ Di{u\MS V~YvtOUfv. (Company name) Personally known to me~ or has produced Identification __ , type of identification produced _ ------'~ ........ o;;;=-=· '------- (NOTARYSEALr~~ .... ~li.6 ............ -;,GNATURE OF NOTARY PUBLIC /j~·\ . ALEJA~ORO OATORRE INT, TYPE/STAMP NAME OF NOTARY i,;i.: -"\·:;'( Notary Puotlc · State of Florida '- .. ~~"~•~•f' Commi5'ion -I HH 151124 ··- .. ~F,.~--·· My Comm. Exo,res Jun 27. 2026 Bonded through National Notary Assn. 50 Arboricultural Services - \TB# 2023-17 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; Signature (Blue ink only) t\~DD\ W \QCA~~ Print Name ?rt( i ct~M Title ~\\oq\~4 Date STATE OF f \ D '(!Cl~ ) COUNTYOF B(OY\\~ ) om \ d I The foregoing instrument was acknowledged before me this -12....'...:_ day of 1 (A(\ \A am 20 H by \-\ Ll DD\ M ~ u C\ s as _p_,__,,r__,,_,{ i"-'--l "'-.L.~ .e,.,,,,_,rrr_-'-'-- v __ r/\ {Nam e of ;erson acknowledging) . for yj~ttY\ uf{C\ro I QC\(Qa1se. (Title) {Com pany nam e) J Personally known to me __ or has produced Identification_, type of identification produced _ (NOTARY SEAL HERE) SIGNATURE ~y ()_it;. .. ·;_~••i;•··. ALEJANDRO DATOIIRE . /f}~'/f,1-:-,., Notary Public • State of Fltnti !,~~ ~ ,t} Commission, HH 2811H •-----1------------- ..,~~~ ... MY Comm. Expires Jun 27, 20Z~ PRINT, TYPE STAMP NAME OF NOTARY ·· · ..... 3onced throush National Notary Assn. 51 A rb o ric u ltu ra l S e rv ic e s - IT B # 2023-17 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' J,1r: 1 ~ 1. This sworn statement is submitted with Bid, Proposal or contract No. l ~ ~1.U-2.'},,. \ ·1 whose business address is: 2, This sworn statement is submitted by:.___,._fu...,_x ....... {e=n'--'--'C~x-=-t-=--Ll-'-'yY\~J"'----'V~(A_'((,_~_d~_iJ_-6~VU---'-irpr-._ (name of entity submitting sworn statement) ~b~\ ~w \i0 w~~ Federal Identification Number (FEIN) is: Social Security Number: (if applicable) (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: V Ye~\ ~ en t 1 0 W Y\tf 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 52 A r b o r ic u lt u r a l S e r v ic e s - ITB # 2023-17 (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 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) 53 A r b o r ic u lt u r a l S e r v ic e s - ITB # 2023-17 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 ~e,vkes) Signature Date STA TE O F f\ OY\ di 0, CO U N TY O F i row {Jv(~ ) The foregoing instrument was acknowledged before me this O rntv of \\ah w ~YlA , 20.d.~ - d by r\ ~ Y\ ~ ·1 ~(J\ LA~~ as ~Q_,.___.,Y {,.,.,._.,, i~a-t~M~--- (Name of person acknowledging) tor G)Y{~Yl DXtCl m~ PO r ~ a·1 ~ Lo U . (Title) (Company name) Personally known to me _j_ or has produced Identification __ , type of identification produced _ (N O TA RY SE SIG N A TU RE O F NO TA RY PU BLI C PRIN T , TY PE/STA M P NA M E O F NO TARY 54 !"#$"%&'()'"*( +,"-%&,. / 01 2 3 2023-17 4567 00 DISPUTE DISCLOSURE Answer the following questions by placing an "X" after "Yes" or "No". 89 you answer "Yes", please explain in the space provided, or on a separate sheet attached to this form. 0: ;*. <$'" 9%"= $" *>< $9 %). $99%&,".? ",&,%-,@ * ",A"%=*>@ $9 *>< >*)'", $" #,,> .'.A,>@,@ #< )B, C,A*")=,>) $9 D"$9,..%$>*( 6,E'(*)%$>. $" *>< $)B," ",E'(*)$"< *E,>&< $" A"$9,..%$>*( *..$&%*)%$>. F%)B%> )B, (*.) 9%-, GHI <,*".J YES NO _ _,'f,___ __ 2. ;*. <$'" 9%"=? $" *>< =,=#," $9 <$'" 9%"=? #,,> @,&(*",@ %> @,9*'()? ),"=%>*),@ $" ",=$-,@ 9"$= * &$>)"*&) $" K$# ",(*),@ )$ )B, .,"-%&,. <$'" 9%"= A"$-%@,. %> )B, ",E'(*" &$'"., $9 #'.%>,.. F%)B%> )B, (*.) 9%-, GHI <,*".J YES NO_~f __ 3. ;*. <$'" 9%"= B*@ *E*%>.) %) $" 9%(,@ *>< ",L',.). 9$" ,L'%)*#(, *@K'.)=,>)? &$>)"*&) &(*%=.? 2%@ A"$),.).? $" (%)%E*)%$> %> )B, A*.) 9%-, GHI <,*". )B*) %. ",(*),@ )$ )B, .,"-%&,. <$'" 9%"= A"$-%@,. %> )B, ",E'(*" &$'"., $9 #'.%>,..J YES NO __ i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x!tn Q-"*"$?G Q(Affi~ iH, CQf P· Authorized Signature: ~ Print or Type Name: \-\UY\ 0 \ RS C\ () v\ { 1%)(,P D9T USG;VST C*),P T S S 0 i \ ~ \\ · 55 Arboricultural Services - \TB# 2023-17 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: Gx Q,RJ\ ~ H ,~ tn& ~ (}. Y'G\ol \~e,, Ctv e· Authorized Signature: ~---­ Print or Type Name: '1 C\.Y\ Q \ 'M (A Vi 0\ J Title:_P_r{_£_i ~~- t'--n~t _ Date:-~_\ \ _G i-L-\ ~-~ _· _ 56 A r b o r ic u lt u r a l S e rv ic e s - ITB # 2023-17 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 1TB # 2023-17 ARBORICUL TURAL 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 57 Arboricultural Services -ITB 112023-17 IT IS FURTHER AGREED THAT the Surety hereby waives notice of and agrees that any changes in or under the Contract and co m pliance or nonco m pliance with any fo rmalities co nnected with the Contract or the changes does not aff ect Surety's obligations under this Bond. Signed and sealed this day of , 20_. FOR THE CONTRACTOR: W ITNESS: Secretary (Affi x Corporate Seal) Name of Corporation By: _ Print Nam e: _ Title: _ FO R TH E SURET Y: W ITNESS: Agent and Attorn ey-in-Fact Print Name: _ Title: _ Address: _ Telephone: _ 58 Arboricultural Services - 1TB # 2023-17 FORM 14-N/A FORM 15-N/A FORM 16 INSURANCE AND LICENSE CERTIFICATES VILLAGE OF KEV BISCAYNE BIDDER'S REPRESENTATION ARBORICULTURAL SERVICES Proposal of_fu ........... Ye .......... e h--'---'--'~Y,_,,,_,ea'-'--ry')---"'-~-'-'~a"-'-'--'ra......,,_,a~iMJ~Co--+-rp_. -- (Name) (Address) to furnish all materials, equipment, and labor and to perform all work in accordance with the Contract Documents for: ARBORICULTURAL 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 e nd 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 59 A rb o ric u ltu ra l Se rv ic e s - ITB # 2023-17 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 ILLU STR ATIVE OF TH E MINIMUM AM OUNT/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 SPEC IFICATIONS WILL PREVAIL. 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._\_?J_Y_Q---'Q~Q_L:_t _1_0 _ Oc upational License No. _1_~_1 __ ~_i_~_2 _ By:_.,..~=----=--= Signature of Authorized Agent [SEAL] 60 A r b o r ic u lt u r a l S e r v ic e s - ITB # 2023-17 E-V ERIFY AFFI DAVIT 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. J Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit. ~•~) s;gned, sealed n · by Witness Print Name: D \ &\.Y\{;\ (Q ~ \~ I\Q~ CA _,_,_Q:..::.J...1...l.L....l-~~='----- ~ Title:__:_~_( (____,j\----"'-'-c\t=-'--M~---- ss #2 Print Name:~ u V\ St1 M ~ y -h N 1i' Entity Name: ~ye. e, f\ 0 l{l\ Ml ~ ~ { ~cti /i.; ACKNOWLEDGMENT State of Florida County of &\)\cl~(~· The foregoing instrument was ac nowledged before me by me ns of notarization, this a day of ~ 20;), U!, by~"""'""'"-'-'"-'-~'"""'-"'-'-i..=--~-- (name of person} as · . · 1" (type of authority} for-'-'-'..J....\r.l,;-L!.......a<c..w...JL:IVlJ ~Qi~~\~ f,, (name of party on behalf of whom instrument is executed}. .•·,:~v•i;•·•.. . ti'~'<i,··., Noury Public• State of Fiorica 1·:: "'-'" ;! mission• HH 28112• ···,,. OH'- .. / My Comm, Expire> Jun 27. 2026 Notary Public (Print, Stamp, or Type s c;·mi~t@ll#l~JOU~h ~ational ~our, ~nr.. Personally known to me; or ___ Produced identification (Type of Identification: _ +Did take an oath; or ___ Did not take an oath 70 A rb o ricu ltu ral Se rvice s - 1T B # 2023-17 EX H IB IT A SCO PE O F SERV IC ES 1 \ (,\/ I (} The Scope of Services are those contained in the Proposal Section 2. dated ( J: I !·J!u, , attached hereto and incorporated herein by reference. (, r, ( ' ' , 2023, 71