201623-RFP-Landscape_Maintenance_Services_-Final.doc

REQUEST FOR PROPOSALS (RFP)

LANDSCAPE MAINTENANCE SERVICES

RFP # 201623

DUE DATE:

Monday, July 18, 2016 at 2:00 p.m.

NON-MANDATORY PRE-PROPOSAL MEETING:

Thursday, July 7, 2016 at 10:00 a.m.

For information contact:

Procurement & Contract Services Division 450 SE 6th Avenue Homestead, FL 33030 bids@cityofhomestead.com DATE ISSUED: June 24, 2016 Table of Contents

6Section 1

HYPERLINK \l "_Toc454204682" Instructions to Proposers

61.1

PURPOSE:

61.2

PROPOSAL DUE DATE:

61.3

MINIMUM QUALIFICATIONS AND EXPERIENCE REQUIREMENTS:

71.4

PRE-PROPOSAL MEETING:

81.5

TERM OF CONTRACT:

81.6

PROJECT LOCATION:

81.7

PROPOSAL EVALUATION, PROCEDURES FOR REVIEW OF PROPOSALS, AND AWARD:

101.8 RESPONSE TIME:

101.9

E-VERIFY:

111.10

LIQUIDATED DAMAGES:

111.11

CONE OF SILENCE:

121.12

CONTACT PERSON:

121.13

CLARIFICATIONS / INTERPRETATIONS:

131.14

PERMITS AND INSPECTION FEES: RESERVED

131.15

CITY WEBSITE:

131.16

PROPOSALS BINDING:

131.17 INDEMNIFICATION:

131.18

SUBMISSION OF PROPOSALS:

151.19

PUBLIC RECORD LAW:

16Section 2

HYPERLINK \l "_Toc454204704" Information Required from Proposer

162.1

INFORMATION REQUIRED OF PROPOSER:

172.2

EXCEPTIONS TO SPECIFICATIONS:

182.3

OCCUPATIONAL LICENSING:

182.4

PROPOSER/CONTRACTOR PROVIDED INSURANCE:

202.5

PROPOSAL BOND:

212.6

PAYMENT AND PERFORMANCE BONDS:

212.7 WARRANTY/GUARANTEE:

212.8

QUALIFICATION QUESTIONNAIRE & PROPOSER QUALIFICATIONS:

222.9

PROPOSAL SUBMITTAL & REQUIRED FORMS:

232.10

FAILURE TO EXECUTE CONTRACT:

24SECTION 3

HYPERLINK \l "_Toc454204716" Landscape Maintenance of City Properties

243.0

SCOPE OF WORK:

243.1

MOWING:

253.2

WEED-EATING / EDGING:

253.3

WEED CONTROL:

253.4 SHRUB / hedge TRIMMING:

263.5

TREE PRUNING:

263.6

TREE REPLACEMENT:

273.7

LITTER AND DEBRIS CONTROL:

273.8

CHEMICAL PEST CONTROL:

293.9

MULCH:

293.10

FERTILIZATION:

293.11

FLOWER BEDS:

293.12

ADDITIONAL WORK:

303.13

SCHEDULING:

303.14

INVOICING THE CITY:

303.15

GENERAL:

303.16

PERFORMANCE STANDARDS:

313.17

CONTRACTOR’S REPRESENTATIVE:

313.18

REQUIRED EQUIPMENT:

323.19 IRRIGATION SYSTEMS repair and MAINTENANCE:

323.20

WEEKLY LANDSCAPE REPORT:

323.21

M.O.T. REQUIREMENTS:

333.22

BUSINESS OPERATIONS:

333.23

LOCATIONS:

42EXHIBIT “A” – LANDSCAPE MAINTENANCE AREA MAP

43EXHIBIT “B” – WEEKLY INSPECTION REPORT FORM

44THE FOLLOWING FORMS TO BE SUBMITTED WITH PROPOSAL

45PROPOSAL BOND

46QUALIFICATION QUESTIONNAIRE

55PROPOSER'S CERTIFICATION

56SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), 58AMERICANS WITH DISABILITIES ACT OF 1990

60Business entity affidavit

62VENDOR APPLICATION

65W-9 FORM

69Reference Questionnaire

70PERFORMANCE SURVEYS

71PROPOSAL FORM

RFP Solicitation Summary

RFP Solicitation Number 201623 Title

Issue Date

June 24, 2016 Proposal Due Date

July 18, 2016 Submission Deadline

2:00 p.m., EST

Non-Mandatory

Pre-Proposal Meeting July 7, 2016 at 10:00 a.m.

Location: Procurement & Contract Services Division

450 SE 6th Avenue

Homestead, FL 33030 Question & Answer

End Date

July 8, 2016 Contact

Procurement & Contract Services Division

(305) 224-4620 bids@cityofhomestead.com Submission

Information Proposals must be submitted by mail or personally delivered by sealed hard copy marked on the outside with the RFP number and name at City Clerk’s office, City Hall, Bids Department, City of Homestead, 100 Civic Court, Homestead, FL 33030. All proposals submitted in response to this RFP and all required information and any other items as indicated in the following document must be returned, properly completed, and in a sealed envelope or the proposal may be disqualified. If more than one package is submitted, they should be marked 1 of 2, etc. All proposals must be received no later than Monday, July 18, 2016 at 2:00 PM, EST. The responsibility for submitting Proposals before the stated time and date is solely the responsibility of the Proposer. The City will not be responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. Please use the Solicitation Response Form below for the outer portion of the envelope or box to be submitted.

Tentative Schedule

RFP Issue/Advertisement

06/24/2016

Non-Mandatory Pre-Proposal Meeting

07/07/2016

Deadline for Questions

07/08/2016

Submission Due Date and Opening

07/18/2016

Evaluation by Review Committee

TBD

Committee of the Whole Meeting

08/09/2016

Council Meeting Selection of Proposer

08/24/2016

Notice of Award

08/25/2016 RFP Solicitation Response Form

RFP #201623

Proposal Due Date

July 18, 2016 at 2:00 p.m.

Delivery Location

Bids Department

City of Homestead

City Clerk’s Office (First Floor)

100 Civic Court

Submitted By:

(name of company and address)

For Official Use Only

Date and Time Received:

Received by:

Section 1

Instructions to Proposers

1.1 PURPOSE:

The City of Homestead, Florida is seeking a qualified, experienced contractor to provide landscaping maintenance services of trees, shrubs, ground covers and turf in the public areas maintained by the City.

Interested Proposers may obtain a RFP packet by visiting the City’s website at http://www.cityofhomestead.com/bids.aspx or Demandstar.com.

1.2 PROPOSAL DUE DATE:

A.

All proposals are due no later than Monday, July 18, 2016 at 2:00 p.m., EST, or any time prior thereto at the City Clerk’s office, City Hall, 100 Civic Court, Homestead, FL 33030. All proposals received will be publicly read on the date and at the time specified. All proposals received after that time shall be returned, unopened, and will not be considered.

B.

One (1) original proposal, and three (3) copies, must be submitted in a sealed envelope clearly marked with the RFP Title. Faxed or emailed proposals will not be accepted.

C. Proposals received after the Proposal Due Date and closing time, for any reason whatsoever, will not be considered. Any disputes regarding timely receipt of proposals shall be decided in favor of the City of Homestead. Proposers shall assume full responsibility for timely delivery at the location designated for receipt of proposals. The City of Homestead cannot be responsible for proposals received after the Proposal Due Date and time and encourages early submittal. Proposals received by the City after the Proposal Due Date and time specified for receipt will not be considered.

D. All information required by this Request for Proposals must be submitted to constitute a regular proposal.

E. Proposals should be addressed as follows for mail or hand delivery:

Bids Department

City of Homestead

City Clerk’s Office (First Floor)

100 Civic Court Homestead, FL 33030

F. Submitted envelopes shall be marked RFP #201623-Landscape Maintenance Services. Please use the Solicitation Response Form included with this RFP for the outer portion of your envelope or box to be submitted.

1.3 MINIMUM QUALIFICATIONS AND EXPERIENCE REQUIREMENTS:

This RFP shall be awarded only to a responsive and responsible proposer, qualified to provide the work specified. The proposer should submit the following information with their proposal response package to be considered responsive in order for the City to fully evaluate the firm’s qualifications. Failure to fully submit the requested information may result in the proposal response being considered non-responsive.

A. Contractor must be a responsible firm that has been in continuous existence and has provided continuous services for the relevant requirements contained herein for at least five (5) years. Less than the minimum required experience will eliminate that proposer from further consideration in the competitive process.

B. Contractor shall provide an assigned Supervisor (to the City account) with a minimum of three (3) years’ experience in similar work and provide details of their qualifications. This assigned Supervisor will be responsible for overseeing all work performed.

C. Contractor shall insure that all work is performed by fully qualified, experienced personnel, directly employed by the Contractor.

D. Contractor must possess and submit the following licenses and or certifications:

· Pest Control Operator – Lawn and Ornamental Pest Control License (in Florida) with 3 years’ experience.

· Limited Commercial Fertilizer Applicator Certificate (Fertilizer Certification) (LCFAC) License

· Arborist certification, certified by the National Arborist Association, minimum 3 years’ experience

During this RFP process, any intentional omissions, alterations, or false representations will be grounds for rejection of any proposal.

Any person, individual, corporation, entity or affiliate who has been placed on the convicted bidder or vendor list following conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public works project, may not submit a response on a lease of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted bidder/vendor list.

1.4 PRE-PROPOSAL MEETING:

A NON-MANDATORY pre-proposal conference will be held on Thursday, July 7, 2016 at 10:00 a.m. EST at the Procurement & Contract Services Division 450 SE 6th Avenue Homestead, Florida 33030. A proposer may submit questions in writing for discussion at the pre-proposal conference to be received at least two (2) days prior to the pre-proposal conference to: Xintia Rubio-Rojas, CPPB, Buyer II, City of Homestead, 450 SE 6th Avenue, Homestead, FL 33030; fax: 305-242-6833 or via email at bids@cityofhomestead.com.

1.4.1 SITE INSPECTION:

Proposers are advised to make a thorough inspection of the sites. After award, no extra charge or compensation will be allowed by the City as a result of differences between actual materials and labor, unless by reason of unforeseeable causes beyond his control and without fault or negligence, including, but not restricted to acts of God or neglect of any other contractor.

It is the proposer's responsibility to become fully informed as to the nature and extent of the work required and its relation to any other work in the area, including possible interference from other site activities. Proposers are advised to make a thorough inspection and to take note of any varying degrees of difficulty associated with the work site. Any requests for modifications may be presented in writing as possible addendums to the "Request for Proposal.”

1.5

TERM OF CONTRACT:

At all times during the term of the contract, the successful Contractor shall act as an independent Contractor and at no time shall be considered an agent or partner of the City.

A. Contract Period: This contract shall be awarded for an initial term of three (3) years subsequent to approval by the City Council. The term of this Contract is from September 1, 2016 through September 30, 2019.The contract may be renewed for two (2) additional one year periods provided both the successful proposer and the City agree and all terms and conditions remain the same as specified below. Any contract or amendment resulting from this solicitation shall be subject to fund availability and mutual written agreement between the City and the successful proposer. Extension of the contract for additional thirty (30) day periods for the convenience of either party shall be permissible at the mutual consent of both parties, not to exceed six (6) months.

B. Option to Extend: The performance period of any contract resulting from this solicitation may be extended upon mutual agreement between the contractor and the City of Homestead with no change in terms or conditions. Any extension of performance period under this provision shall be in one- year increments. The contract may be renewed for two (2) additional one-year periods, provided both parties are in agreement. Total contract length, including individual one-year extensions, shall not exceed five (5) years. Consideration of price increases at each renewal period will be given provided such escalations are justified, reasonable and acceptable to the City. Any price increases must be documented and submitted for approval by the City of Homestead at least 90 days prior to renewal date. It is also expected that de-escalation of prices will be extended to the City if the market so reflects.

C. Non-Exclusive Contract: Contractor agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services at its sole option.

1.6

PROJECT LOCATION:

All work under this contract will take place within the City of Homestead limits.

1.7

PROPOSAL EVALUATION, PROCEDURES FOR REVIEW OF PROPOSALS, AND AWARD:

A.

Proposal Opening: All proposals will be opened and publicly read in the City of Homestead’s City Hall immediately after the Proposal Due Date.

B.

Evaluation of Proposals:

The City shall competitively award the Project to the qualified, responsive, and responsible proposer whose proposal is determined to be the most advantageous to the City in accordance with the evaluation criteria and requirements of this RFP.

C.

Proposal Review Committee and Procedure: A City Review Committee will review and evaluate all proposals submitted in response to this Request for Proposals (RFP). The Procurement Staff shall conduct a preliminary evaluation of all proposals on the basis of the information provided and other evaluation criteria as set forth in this Request for Proposals or as reasonably determined by the Procurement Staff. The Procurement Staff will first review each proposal for compliance with the qualifications and mandatory requirements of the RFP. Failure to comply with any mandatory requirements may disqualify a proposal. Once this step has been completed, the Review Committee will then score and rank each proposal according to the criteria set forth in this RFP. Said tabulation and recommendation will be provided to the City Council for selection and award of a contractor or proposer. The City Council will have final authority to select a contractor or proposer, award the contract, and authorize the City Manager or his designee, to enter into negotiations with the selected contractor or proposer. Upon successful negotiations with the selected contractor or proposer, the City Manager or his designee, will bring the final contract for consideration and approval by the City Council.

D.

Discussion with Responsible Proposers: The City reserves the right to conduct discussions and/or require oral presentations with qualified, responsive, and responsible proposers who submit proposals determined to be reasonably acceptable of being selected for award for the purpose of clarification and to assure full understanding of, and responsiveness to the RFP requirements. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion of proposals or oral presentations. In conducting discussions or oral presentation, there shall be no disclosure of any information derived from proposals submitted by competing proposers except as may be required by the Florida Public Records Law, Chapter 119, Florida Statutes.

E.

City’s Rights with Respect to RFP and Proposals: The City reserves the right, in its sole and absolute discretion, to accept or reject, in whole or in part, any or all proposals; to make any changes or amendments to this RFP after it has been advertised and made available to the public; to re-advertise this RFP; to postpone or cancel at any time this RFP process, and to extend the Proposal Due Date; to elect not to proceed with the Project; to waive any formalities of this RFP process; and to waive any irregularities in the proposals. The City further reserves the right to suspend or cancel negotiations with the selected or awarded proposer and proceed to negotiations with the next highest scored or ranked proposer, in the City’s sole and absolute discretion, as the City deems to be in its best interest; and to seek a new procurement process or new proposals when such a procedure is reasonably in the best interest of the City to do so. Proposals that are not submitted by the proposal Due Date or that do not conform to the requirements of this RFP will not be considered. The City further reserves the right not to award or to reject proposals from proposers that are currently in litigation with the City of Homestead or as a result of any prior lawsuits. The City reserves the right to determine, in its sole discretion, whether any aspect of a proposal satisfies the criteria established in this RFP. The City shall have no liability to any proposer for any costs or expenses incurred by the proposer in connection with this RFP.

F.

Local Vendor Preference: The City reserves the right to apply a fifteen (15) percent local preference to local businesses who are holders of current city local business tax receipts for businesses which are physically located within the city limits of Homestead and have held such local business tax receipts for a minimum of one year prior to asserting the local preference. Said fifteen (15) percent local preference must be asserted by the party seeking it at the time the competitive quotation, bid or proposal is made and shall be calculated by the Procurement Staff in rating competitive quotations, bids or proposals which are governed by Section 2-411(a) of the Code of the City of Homestead. Said Local Vendor Preference would only apply when a responsible local business is within fifteen (15) percent of the price submitted by the non-local business, at which time the local business will have an opportunity to submit a best and final project cost proposal equal to or lower than the non-local business Total Project Cost amount.

G. Award Subject to Execution of Contract: Any award made shall be subject to the subsequent negotiation and execution of a contract with the successful proposer, which contract shall include the terms, conditions and requirements set forth in this RFP and shall be in form and substance acceptable to the City and approved by the City Attorney.

H. Award of Proposal: After all proposals are reviewed and evaluated, the proposals that, in the sole discretion of the City, comply with the requirements of this RFP, are qualified, responsive, and responsible and most advantageous to the City shall be submitted to the City Council for consideration, and the final selection and award shall be made by the City Council. The City Council shall have the final authority to select and award a proposal. The award will be to the proposer whose proposal complies with all requirements set forth in this RFP, and whose proposal, in the opinion of the City, is the best proposal and most advantageous to the City taking into consideration all aspects of the proposer’s response, including the total net Project cost to the City.

I. Evaluation and Scoring of Proposals: Eligible proposals will be evaluated and scored for compliance with the requirements of this RFP and in accordance with the evaluation criteria set forth below. The Review Committee will rank the proposals from highest to lowest. Review Committee rankings will then be tabulated and a recommendation will be made to Council and the award shall be made to the Proposer whose Proposal is determined to be the most advantageous to the City.

EVALUATION CATEGORIES

POINTS POSSIBLE

Overall experience, knowledge, & qualifications

30 pts Approach and understanding of the requirements

20 pts Past Performance in similar activities in Florida

20 pts Proposed Costs

30 pts The firm providing the lowest cost to the City will receive the maximum number of points (30).

Other qualified proposers will be awarded points accordingly after averaging the total price, see below for sample formula:

and so on for the next lowest prices, follow the same formula…

Total: 100 Points

1.8

RESPONSE TIME:

A two (2) hour response time is required. Failure to respond to a service call within the specified time will result in the successful Proposer paying any and all costs associated with the repairs performed by a secondary Proposer. Also see Liquidated Damages, Section 1.10.

1.9

E-VERIFY:

The City/Contractors or Vendors:

i.

shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and ii.

shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term.

1.10

LIQUIDATED DAMAGES:

As Task Orders are identified substantial completion times will be mutually agreed upon between the successful contractor and the City. Liquidated damages of an amount equivalent to 1.25 multiplied by the contracted price per day, as calculated by the City, will be deducted per location not serviced in any given month until location is properly completed. This is imposed as liquidated damages, not as penalty, in recognition of the difficulty in ascertaining actual damages, and will be deducted from the contract sum for each calendar day elapsing beyond the specified time for completion for each Task Order.

1.11

CONE OF SILENCE:

a) Definitions: “Cone of Silence,” as used herein, means a prohibition on any communication regarding a particular Request for Proposal (“RFP”), Request for Qualification (“RFP”) or bid, between:

a potential vendor, service provider, proposer, bidder, lobbyist, or consultant, and:

the City Councilmember’s, City’s professional staff including, but not limited to, the City Manager and his or her staff, any member of the City’s selection or evaluation committee.

b) Restriction; Notice: A Cone of Silence shall be imposed upon each RFP, and bid after the advertisement of said RFP, or bid. At the time of imposition of the Cone of Silence, the City Manager or his or her designee shall provide for public notice of the Cone of Silence by posting a notice at the City Hall. The City Manager shall issue a written notice thereof to the affected departments, file a copy of such notice with the City Clerk, with a copy thereof to each City Councilmember, and shall include in any public solicitation for goods or services a statement disclosing the requirements of this section.

c) Termination of Cone of Silence: The Cone of Silence shall terminate at the beginning of the City Council meeting (whether regular, special or Committee of the Whole meeting) at which the City Manager makes his or her written recommendation to the City Council. However, if the City Council refers to the Manager’s recommendation back to the Manager or staff for further review, the Cone of Silence shall be re-imposed until such time as the Manager makes a subsequent written recommendation.

d) Exceptions to Applicability: The provisions of this section shall not apply to:

1.

Oral communications at pre-bid conferences;

2.

Oral presentations before selection or evaluation committees;

3.

Public presentations made to the City Councilmember’s during any duly noticed public meeting;

4.

Communications in writing at any time with any City employee, unless specifically prohibited by the applicable RFP, or bid documents. The bidder or proposer shall file a copy of any written communication with the City Clerk. The City Clerk shall make copies available to any person upon request;

5.

Communications regarding a particular RFP, or Bid between a potential vendor, service provider, proposer, bidder, lobbyist or consultant and the City’s Procurement and Contract Services Agent or City employee designated responsible for administering the procurement process for such RFP, or bid, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document;

6.

Communications with the City Attorney and his or her staff;

7.

Duly noticed site visits to determine the competency of the bidders regarding a particular bid during the time period between the opening of bids and the time the City Manager makes his or her written recommendation;

8.

Any emergency procurement of goods or services pursuant to City Code;

9.

Responses to the City’s request for clarification or additional information;

10.

Contract negotiations during any duly noticed public meeting;

11.

Communications to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto between a potential vendor, service provider, proposer, bidder, lobbyist, or consultant and any member of the City’s professional staff including, but not limited to, the City Manager and his or her staff are in writing or are made at a duly noticed public meeting.

e) Penalties: Violation of this section by a particular bidder or proposer shall render any RFP award, RFP award or bid award to said bidder or proposer voidable by the City Council or City Manager. Any person who violates a provision of this section may be prohibited from serving on a City selection or evaluation committee. In addition to any other penalty provided herein, violation of any provision of this section by a City employee may subject said employee to disciplinary action.

Please contact the City Attorney for any questions concerning “Cone of Silence” compliance.

1.12

CONTACT PERSON:

For any additional information regarding the specifications and requirements of this RFP, contact: The Procurement & Contract Services Division at 305-224-4620 or via e-mail at bids@cityofhomestead.com 1.13

CLARIFICATIONS / INTERPRETATIONS:

Conflicts, Ambiguities or Discrepancies: It is the Proposer's obligation to notify the City of Homestead prior to the deadline for questions and clarifications of any conflicts, ambiguities or discrepancies it finds in this RFP or the Plans and Specifications and Construction Documents, in order to allow the City the opportunity to issue appropriate clarifications and addenda. The City reserves the right to make changes to this RFP, the Plans and Specifications and the Construction Documents, as it finds necessary or in its best interest, at any time prior to the opening of proposals. Unless otherwise stated in this RFP, any questions concerning the Project or this RFP should be submitted in writing to the Procurement and Contract Services Manager, 450 SE 6th Avenue, Homestead, FL 33030; Fax: (305) 224-4639, or via email to bids@cityofhomestead.com.

Requests for Clarifications: If any prospective proposer has questions or is in need of clarification concerning the Project or this RFP, or the Plans and Specifications on construction documents, or other RFP documents or any part thereof, the Proposer must submit to the City of Homestead’s Procurement and Contract Services Division a “Request for Clarification.” All such Requests for Clarification must be made in writing and received at least seven (7) calendar days prior to the Proposal Due Date. The person submitting the Request for Clarification will be responsible for its timely delivery. The City will make a good faith effort to respond to Requests for Clarification submitted after said seven (7) days prior to the Proposal Due Date, but cannot guarantee a response. Requests for Clarifications must be sent to the Procurement & Contract Services Division via mail to450 SE 6th Avenue, Homestead, FL 33030, via fax to 305-224-4639, or via email to bids@cityofhomestead.com. NO REQUESTS FOR CLARIFICATIONS WILL BE RECEIVED VERBALLY.

C.

Addenda to RFP: Any interpretations or clarifications of this RFP will be made only by Addendum duly issued by the City of Homestead Procurement and Contract Services Division. The City shall issue one or more Addenda if interpretations, clarifications, or changes to this RFP are required. A copy of such Addendum will be posted on the City’s website and Demandstar and sent by email or fax to the party submitting the Request for Clarification. In the event of a conflict with this RFP, the Addenda shall supersede and govern the RFP to the extent specified in the Addenda. Subsequent Addenda shall supersede and govern over prior Addenda only to the extent specified in the subsequent Addenda. Only the interpretations or clarifications to this RFP provided by Addenda shall be binding, and no other source is authorized to give information concerning, explaining or interpreting the RFP documents. Proposers shall not rely on any oral interpretation, nor correction of any apparent ambiguity, inconsistency or error offered by any person.

D.

Acknowledgement of Addenda: Each proposer shall be required to acknowledge receipt of any Addenda issued by the City by signing the Addenda and including it with its submitted proposal. Failure of a proposer to include a signed copy of any Addenda in its Proposal may deem its proposal non-responsive, provided, however, that the City may waive this requirement in its best interest. The City will not be responsible for any other explanation or interpretation of this RFP made verbally or in writing by any City Staff or representative.

1.14

PERMITS AND INSPECTION FEES: RESERVED

1.15

CITY WEBSITE:

Request for Proposals, addenda, lists of pre-bid conferences attendees and other information pertaining to this RFP is available on the Procurement and Contract Services Division “Bid’s & RFP’s” page, which can be found at: www.cityofhomestead.com/bids.aspx

1.16 PROPOSALS BINDING:

All proposals submitted shall be binding on a Proposer for 365 calendar days following the RFP proposal Due Date. The submittal of a proposal and all the documents and requirements under this RFP shall bind each proposer to all the provisions of the RFP documents.

1.17 INDEMNIFICATION:

The Proposer shall defend, indemnify and hold harmless the City, its officers, agents and employees, from and against any and all liability, claims, demands, damages, costs and expenses, caused by the acts or omissions, misfeasance, or malfeasance of the proposer, its agents, servants or employees, including claims of negligence, fines, fees, expenses, penalties and attorneys fees for trial and on appeal, and of any kind and nature arising out of the actions of the proposer in connection with this RFP, its proposal, or the performance of any work pursuant to a contract resulting from this RFP.

1.18 SUBMISSION OF PROPOSALS:

Incurred Expenses:

The City is not responsible for any expenses which proposers may incur preparing and submitting proposals called for in this Request for Proposals.

Interviews:

The City reserves the right to conduct personal interviews or require presentations to the Review Committee and/or City Council during the evaluation of proposals and prior to selection. The City will not be liable for any costs incurred by the proposer in connection with such interviews/presentations (i.e. travel, accommodations, etc.).

C.

Additional Information/Request for Modification:

The City reserves the right to request that a proposer provide additional information or modify its proposal to more fully meet the needs of the City.

D.

Proposal Acknowledgment:

By submitting a proposal, the proposer certifies that he has fully read and understands the RFP and proposal method and has full knowledge of the scope, nature, and quality of Project and work to be performed. Submittal of a proposal shall constitute acknowledgment and acceptance by a proposer of all terms and conditions set forth in this RFP.

E.

Request for Additional Information:

The proposer shall furnish such additional information as the City of Homestead may reasonably require. This includes information, which indicates financial resources as well as ability to perform the Project and work in accordance with the requirements of this RFP. The City reserves the right to make investigations of the qualifications of the proposer as it deems appropriate, including but not limited to, reference checks and a background investigation conducted by the Homestead Police Department.

F.

Acceptance/Rejection/Modification to Proposals:

The City reserves the right to negotiate modifications to proposals that it deems acceptable, reject any and all proposals, and to waive minor irregularities in the proposals.

G.

Addendum or Amendment to Request for Proposal:

If it becomes necessary to revise or amend any part of this Request for Proposals, the City’s Procurement & Contract Services Manager will furnish the revision by written Addenda and will place it on the City’s website.

H.

Economy of Preparation:

Proposals should be prepared simply and economically, providing a straightforward, concise description of the proposer's ability to fulfill the requirements of this RFP.

I.

Proprietary Information:

In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable State and Federal Law, all proposers should be aware that this Request for Proposals and the proposals submitted in response to this RFP are public records and in the public domain. However, the proposers are required to identify specifically any information contained in their proposals which they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law.

All proposals received from proposers in response to this Request for Proposal will become the property of the City of Homestead and will not be returned to the proposers. In the event of contract award, all documentation produced as part of this RFP and the contract will become the exclusive property of the City.

J.

Proposal Pricing:

The intent of this proposal is to enter into an agreement with a proposer or firm that can provide the services as specified herein.

K.

Mistakes:

Proposers are required to examine all of the terms, conditions and instructions set forth and referenced in this RFP, ascertain any mistakes, discrepancies or inconsistencies. Failure of a proposer to do so will be at the proposer’s sole risk. The submission of a proposal in response to this RFP shall be prima facie evidence that a proposer is familiar with, has examined and agrees to be complying with the requirements of this RFP.

L.

Applicable Law.

This RFP is subject to all applicable Federal, State, County and City laws, ordinances, rules and regulations and each proposer is required to comply with such applicable laws.

M. No Assignment.

Once a proposal is submitted in response to this RFP and/or selected and awarded, the proposer shall not assign its rights and obligations as a proposer to any third party without the prior written consent of the City, which consent may be denied by the City in its sole and absolute discretion.

1.19

PUBLIC RECORD LAW:

PUBLIC RECORDS

a. CONTRACTOR agrees to keep and maintain public records in CONTRACTOR’s possession or control in connection with CONTRACTOR’s performance under this Agreement. CONTRACTOR additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. CONTRACTOR shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Agreement, and following completion of the Agreement until the records are transferred to the CITY.

b. Upon request from the CITY custodian of public records, CONTRACTOR shall provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law.

c. 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 CITY.

d. 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 CONTRACTOR shall be delivered by the CONTRACTOR to the CITY MANAGER, at no cost to the CITY, within seven (7) days. All such records stored electronically by CONTRACTOR shall be delivered to the CITY in a format that is compatible with the CITY’S information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the CONTRACTOR shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.

e. Any compensation due to CONTRACTOR shall be withheld until all records are received as provided herein.

f. CONTRACTOR’s failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the CITY.

Section 119.0701(2)(a), Florida Statutes IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS.

Custodian of Records: ELIZABETH SEWELL, CITY CLERK Mailing address: 100 CIVIC COURT, HOMESTEAD, FL 33030 Telephone number: 305-224-4442 Email: ESEWELL@CITYOFHOMESTEAD.COM End of Section

Section 2

Information Required from Proposer

(To be Submitted with Proposal)

2.1

INFORMATION REQUIRED OF PROPOSER:

Proposers should prepare their proposals using the following format. Proposers shall label, tab and organize proposal submittal documents utilizing the following format as outlined below. All attachments as requested shall be inserted in the back of each corresponding section.

In preparing your proposal, proposer should assume that the City has no previous knowledge of their product or capabilities. Proposals should clearly describe the services, specifying where it meets, exceeds or does not comply with the general specifications.

TAB 1:

TITLE PAGE:

Show the name of proposer's agency/firm, address, telephone number, name of contact person, date, and the subject: RFP #201623 LANDSCAPE MAINTENANCE SERVICES

TAB 2:

EXPERIENCE/KNOWLEDGE/QUALIFICATIONS:

Provide a statement indicating the respondent’s interest in, knowledge of, and resources necessary to provide the services described in this RFP. Detail practical experience, including relevant dates. Firms shall provide a brief profile of their company, which should include their history, locations of their corporate and satellite offices, location of their project team, corporate structure, ownership interest, and the length of company's existence. The firms shall also submit an organizational chart, staff qualifications, and experience of the firm. Resumes of proposed key personnel (Supervisor, Irrigation Specialist) (name, company address, phone number, e-mail address) that will be assigned to this project shall include job skills, education, training, experience and professional affiliations/membership.

The firm shall provide sufficient competent and qualified personnel to effectively carry out its responsibilities under the Contract. The firm shall utilize only competent personnel who are qualified by experience and skill.

TAB 3:

PROJECT APPROACH:

Describe, in detail, the proposed plan for providing the services identified in this RFP, highlighting proven strategies and expertise. The plan should include expected obligations and duties of the Contractor upon which the proposed plan is contingent. Describe all quality control implementation procedures, contract compliance and enforcement of industry standards. Comment on firm’s project schedules, budgets and adherence to those items. Contractor shall address the methodology, technical approach, techniques, and/or processes to be used in providing services. Describe the communication procedures to be employed throughout the contract term and the plan to establish and maintain clear lines of communication with the City Project Manager and/or designee.

TAB 4: PAST PERFORMANCE IN SIMILAR ACTIVITIES IN FLORIDA:

Provide a minimum of three (3) successful maintenance contracts of a similar nature within the past three (3) years and provide details of the following: scope of work, location, dates of service through completion, names, addresses and phone numbers of owners, and Total Value of the Project/Contract.

TAB 5:

PROPOSAL SECURITY/BOND:

All Proposals shall be accompanied by a Proposal Security or a Bond as required in Section 2.5, and in substantially the form attached to this RFP.

TAB 6: ATTACHED FORMS:

The following forms (forms are attached at the end of this RFP) must be completed and submitted with each proposal:

A. Qualifications Questionnaire

B. Project Experience

C. Proposer’s Certification

D. Sworn Statement regarding Public Entities Crimes (PEC)

E. Americans with Disabilities Act Non-Discrimination Statement (ADA)

F. Business Entity Affidavit

G. Vendor Application

H. W9 Form

I. References Questionnaire

TAB 7: INSURANCE:

Proposer/Contractor shall provide evidence of insurance as required in Section 2.4 herein below.

TAB 8: PROPOSED COST (SUBMIT IN A SEALED ENVELOPE):

PROPOSED PRICE ENVELOPE

RFP#201623

LANDSCAPE MAINTENANCE SERVICES

Price proposals must be submitted separate from technical proposals. No reference shall be made to pricing in the proposal. Failure to adhere to this requirement may result in disqualification.

Please use Proposal Form attached hereto.

The City is requiring that a supplemental document be completed with pricing per location, per task and overall annual cost for each location and provided as part of your submission. Failure to complete and provided these documents will be deemed as non-responsive and will result in rejection of your submission. Documents may be downloaded via DemandStar.com and the City of Homestead’s website (www.cityofhomestead.com) or you may request a copy via email from bids@cityofhomestead.com.

Supplemental Document A

Parks and Properties Landscape Maintenance

Please note this document is in Excel format and is printable only on 8 ½ x14 legal paper.

2.2

EXCEPTIONS TO SPECIFICATIONS:

Exceptions to the specifications shall be listed on as an attachment to the Proposer’s Certification Form and shall reference the section. Any exceptions to these Sections may be cause for the proposal to be considered non-responsive.

2.3

OCCUPATIONAL LICENSING:

All Proposers’ must submit, with their proposal, a copy of their occupational/business license and State registration. Florida state registration can be downloaded and printed via www.sunbiz.org and must be submitted with their proposal.

2.4

PROPOSER/CONTRACTOR PROVIDED INSURANCE:

This is a mandatory requirement, please be sure to fulfill each requirement listed below. The City reserves the right to deem your company non-responsive/responsible in the case in which Certificates of Insurance do not comply with the requirements of the City.

Throughout the term of this agreement and for all applicable statutes of limitation periods, Proposer shall maintain in full force and effect the insurance coverage set forth in this article. All policies contain an endorsement requiring thirty (30) days written notice from the insurance company to the City prior to cancellation or any change in coverage, scope or amount of any such policy.

1 All Insurance Policies shall be issued by companies that are authorized to transact business in the State of Florida, and have an A. M. Best's rating of A-VI or better.

2 All Insurance Policies shall name and endorse the following as additional insureds: The City of Homestead, its employees, directors, officers, agents, independent contractors, successors and assigns, and other authorized representatives as additional insured to the extent of the contractual obligation assumed by the Proposer with an ISO CG2010 Additional Insured endorsement, or similar endorsement to the liability policies. Additional insured is defended and indemnified for claims to the extent caused by the acts, actions, omissions or negligence of Proposer, its employees, agents, subcontractors, and representatives; but is not defended or indemnified for the additional insured’s own acts, actions, omissions, negligence.

3 All Insurance Policies shall be endorsed to provide that (a) Proposer’s Insurance is primary to any other Insurance available to the additional insureds with respect to claims covered under the policy and (b) Proposer’s insurance applies separately to each insured against who claims are made or suit is brought and that the inclusion of more than one insured shall not operate to increase the insurer’s limit of liability. Self-insurance shall not be acceptable.

4 If the Proposer fails to submit the required insurance certificate in the manner prescribed with the executed agreement submitted to the City and if not submitted with the executed agreement in no event exceed three (3) calendar days after request to submit certificate of insurance, the Proposer shall be in default, and the Contract shall be rescinded. Under such circumstances, the Proposer may be prohibited from submitting future solicitations to the City.

5 Proposer shall carry the following minimum types of Insurance when services, installation/labor and any instance where your firm will be on the City premises (Commercial General Liability is to be carried by all Contractors):

2.4.1 WORKER'S COMPENSATION: Worker’s Compensation Insurance is to apply to all employees in compliance with the “Workers’ Compensation Law” of the State of Florida and all applicable federal laws. Proposer shall carry Worker's Compensation Insurance with the statutory limits, which shall include employers’ liability insurance with a limit of not less than $1,000,000 for each accident, $1,000,000 for each disease and $1,000,000 for aggregate disease. Policy(ies) must be endorsed with waiver of subrogation against the City and is limited to the extent any claim is caused by Proposer.

2.4.2 BUSINESS AUTOMOBILE LIABILITY INSURANCE: Proposer shall carry business automobile liability insurance with minimum limits of One Million ($1,000,000) dollars per occurrence, combined single limits bodily injury liability and property damage. The policy must be no more restrictive than the latest edition of the business automobile liability policy without restrictive endorsements, as filed by the Insurance Services office, and must include owned vehicles and hired and non-owned vehicles.

2.4.3 COMMERCIAL GENERAL LIABILITY: Proposer shall carry Commercial General Liability Insurance for all operations including but not limited to Contractual, Products and Completed Operations, Professional Liability and Personal Injury with limits of not less than two million ($2,000,000) dollars (aggregate) and one million ($1,000,000.) per occurrence combined single limit for bodily injury and property damage. The insurance policy must include coverage that is no more restrictive than the latest edition of the commercial general liability policy, without restrictive endorsements as filed by the Insurance Service Office, and the policy must include coverage for premises and/or operations, independent contractors, products and/or completed operations for contracts, contractual liability, broad form contractual coverage, broad form property damage, products, completed operations, and personal injury. Personal injury coverage shall include coverage that has the employee and contractual exclusions removed.

2.4.4 Umbrella or Excess Liability Insurance: Proposer may satisfy the minimum liability limits required above by providing proof of an Umbrella or Excess Liability policy. There is no minimum Per Occurrence limit of liability under the Umbrella or Excess Liability; however the Annual Aggregate limit shall not be less than the highest “Each Occurrence” limit for any of the policies noted above. Proposer agrees to name and endorse the City of Homestead, it’s officers, agents, employees and council members as additional insureds. Additional insured is defended and indemnified for claims to the extent caused by the acts, actions, omissions or negligence of Proposer, its employees, agents, subcontractors, and representatives; but is not defended or indemnified for the additional insured’s own acts, actions, omissions, negligence.

6 Proposer shall provide the City of Homestead’s Contract Administrator/Buyer with a copy of the Certificate of Insurance and endorsements evidencing the types of Insurance and coverage required by this article within three (3) calendar days of Proposer’s receipt of Notice of Intent to Award the Contract and, at any time thereafter, upon request by the Contract Administrator/Buyer. It is the Proposer’s responsibility to ensure that the Contract Administrator/Buyer has a current Insurance Certificate and endorsements at all times.

7 Proposer's Insurance Policies shall be endorsed to provide the City with at least thirty (30) calendar days prior written notice of cancellation, non-renewal, restrictions, or reduction in coverage or limits. Notice shall be sent to:

City of Homestead

Attn: Procurement & Contract Services Division

450 SE 6th Avenue

8 If Proposer's Insurance policy is a claims made policy, then Proposer shall maintain such Insurance Coverage for a period of five years after the expiration or termination of the agreement or any extensions or renewals of the agreement. Applicable coverage may be met by keeping the policies in force, or by obtaining an extension of coverage commonly known as a reporting endorsement of tail coverage.

9 If any of Proposer's Insurance policies includes a general aggregate limit and provides that claims investigation or legal defense costs are included in the general…