REQUEST FOR PROPOSALS (RFP)

RFP No. 26-043R

RIGHTS OF WAY LANDSCAPE MAINTENANCE

PUBLISH DATE: ALL QUESTIONS DUE:

July 09, 2026 August 03, 2026 @ 3:00 PM

NON-MANDATORY – PRE PROPOSAL CLOSING AND

PROPOSAL CONFERENCE: DUE DATE:

July 21, 2026 at 10:00 AM August 13, 2026 at 3:00 PM

Join Here Where to Deliver Proposal:

CITY OF BOYNTON BEACH Boynton-beach.bidsandtenders.net

ROOM 115

100 E. OCEAN AVENUE

BOYNTON BEACH, FL 33435

bids&tenders Online Submission Only

Advertisement Date: July 10, 2026

Procurement Representative: Rhonda Kaplan – kaplanr@bbfl.us

City of Boynton Beach Purchasing Division

26-043R Right of Ways Landscape Maintenance

RFP No: 26-043 RIGHTS OF WAY LANDSCAPE MAINTENANCE

REQUEST FOR PROPOSAL

Table of Contents

NOTICE TO OFFERORS

RFP 26-043R RIGHT OF WAYS LANDSCAPE MAINTENANCE

SECTION I – INSTRUCTION TO PROPOSERS – SUBMISSION REQUIREMENTS

PURCHASING DIVISION

1.1 PROCUREMENT DEFINITION FOR SOLICITATION

1.2 ONLINE E-PROCUREMENT SYSTEM – (bids&tenders)

1.3 EXAMINATION OF CONTRACT DOCUMENTS

1.4 ELIGIBILITY OF PROPOSER

1.5 QUALIFICATIONS OF PROPOSERS

1.6 PRE-PROPOSAL CONFERENCE

1.7 QUESTIONS AND ADDENDA ON THIS SOLICITATION

1.8 MISTAKES WITHIN RFP

1.9 SUBMISSION OF THE PROPOSAL

1.10 SOLICITATION FORMS

1.11 EXECUTION OF SOLICITATION DOCUMENTS

1.12 CAUSES FOR REJECTION

1.13 REJECTION OF PROPOSALS

1.14 WITHDRAWAL OF PROPOSALS

1.15 NO SUBMITTAL

1.16 SOLICITATION DEADLINE

1.17 RIGHTS OF THE CITY FOR THIS REQUEST FOR PROPOSALS (RFP)

1.18 PROTEST PROCEDURE

1.19 MINIMUM STANDARDS REQUIRED BY THE CITY

1.20 DISQUALIFICATION OF PROPOSER

1.21 INFORMATION AND DESCRIPTIVE LITERATURE

1.22 INTERPRETATIONS

1.23 CERTIFICATIONS, LICENSE, AND PERMITS

1.24 SUB-CONSULTING

1.25 ESCALATOR CLAUSE

1.26 EXCEPTIONS BY PROPOSER

1.27 TRADE SECRET

1.28 ANTI-KICKBACK AFFIDAVIT

1.29 CONFLICT OF INTEREST / GIFT POLICY

1.30 GIFT POLICY

1.31 CONFIRMATION OF MINORITY-OWNED BUSINESS

1.32 DIGITAL FORMS TO BE COMPLETED WITH EACH PROPOSAL

1.33 FORMS TO BE UPLOADED TO THE DOCUMENT UPLOAD SECTION

1.34 REFERENCES

1.35 AWARD OF AGREEMENT:

1.36 SIGNING OF AGREEMENT:

1.37 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH:

1.38 DRUG FREE WORKPLACE:

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1.39 PALM BEACH COUNTY INSPECTOR GENERAL:

1.40 PUBLIC RECORDS:

1.41 SCRUTINIZED COMPANIES LISTS -- F.S. 287.135:

1.42 FOREIGN ENTITY AFFIDAVIT:

1.43 E-VERIFY:

1.44 ANTI HUMAN TRAFFICKING AFFIDAVIT:

1.45 NON-COLLUSION AFFIDAVIT:

1.46 E-PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL

INTERESTS IN GOVERNMENT CONTRACTING – F.S. 287.05701:

1.47 TERMINATION

SECTION II – CITY BACKGROUND AND REQUIREMENTS

SCHEDULE OF EVENTS:

2.1 BACKGROUND

2.2 CONTRACTOR WORKING HOURS

2.3 STAFFING

2.4 LICENSES, CERTIFICATIONS AND QUALIFICATIONS

2.5 PROJECT MANAGER

2.6 DISPUTE RESOLUTION

2.7 CORRECTION OF DEFECTIVE WORK

2.8 CHANGE OF QUANTITIES / CHANGE ORDERS

2.9 INSPECTION OF WORK

2.10 FAMILIARITY WITH THE TOTAL SCOPE OF THE PROJECT & MINIMUM

EXPERIENCE

2.11 VENDOR RESPONSIBILITY

2.12 INSURANCE REQUIREMENTS

SECTION III – SCOPE OF WORK – RIGHTS OF WAY LANDSCAPE MAINTENANCE31

3.1 LANDSCAPE MAINTENANCE

3.2 SAFETY PRECAUTIONS

SECTION IV – SCOPE OF WORK - IRRIGATION REPAIR, MAINTENANCE, AND WET

TESTING SERVICES

4.1 GENERAL REQUIREMENTS

SECTION V – SPECIAL PROVISIONS

5.1 STORM DEBRIS REMOVAL AND INCLEMENT WEATHER

5.2 CONTRACTOR’S ADDITIONAL RESPONSIBILITY

5.3 LABOR FORCE AND EQUIPMENT

5.4 ANCILLARY SERVICES

5.5 PERFORMANCE BASED CONTRACTING

5.6 SECURITY AND ACCESS

5.7 SUB-CONTRACTING

5.8 PAYMENT TERMS

SECTION VI – STANDARD GENERAL TERMS AND PROVISIONS

6.1 DISPUTES

6.2 COMPLIANCE WITH OCCUPATIONAL HEALTH AND SAFETY

6.3 PALM BEACH COUNTY INSPECTOR GENERAL

6.4 OTHER AGENCIES

6.5 VENUE AND GOVERNING LAWS

6.6 NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT

6.7 INDEPENDENT CONTRACTOR RELATIONSHIP:

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6.8 OMISSION OF DETAILS

6.9 LEGAL EXPENSES:

6.10 NO THIRD-PARTY BENEFICIARIES:

6.11 DISCRIMINATORY VENDOR LIST

6.12 NON-EXCLUSIVE

6.13 BUSINESS INFORMATION

6.14 FEDERAL AND STATE TAX

6.15 ON PUBLIC ENTITY CRIVES

6.16 PROHIBITED TELECOMMUNICATIONS EQUIPMENT

6.17 RIGHTS IN DATA

6.19 DOCUMENTATION OF COSTS

6.20 ENDORSEMENTS

SECTION VII – GRANT FUNDED PROJECTS

7.1 APPLICABILITY

7.2 GENERAL GRANT INFORMATION

Attachment A – REQUIREMENTS FOR PROJECTS FUNDED BY FEDERAL GRANTS ATTACHMENT B. APPENDIX II to 2 CFR 200

SECTION VIII - PRICE SCHEDULE

SECTION VIIII – EVALUATION, DISCUSSIONS & AWARD RESERVATION

9.1 -PROPOSAL SELECTION & EVALUATION OF PROPOSALS

9.2 ACCEPTABILTY OF PROPOSAL

9.3 EVALUATION METHOD AND CRITERIA

9.4 MAXIMUM TECHNICAL & COST POINTS

9.5 DISCUSSIONS & AWARD

AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND

EXHIBIT A – Facility Location Maps

ATTACHMENT A – Performance Evaluation Form

NOTICE TO OFFERORS

REQUEST FOR PROPOSALS

FOR

RIGHTS OF WAY LANDSCAPE MAINTENANCE

Electronic Requests for Proposal (RFPs) shall be received by the e-procurement system until 3:00 P.M.

(Local Time), Thursday, August 13, 2026; unless specified otherwise and may not be withdrawn within ONE HUNDRED TWENTY DAYS (120) days after such date and time.

All RFPs received will be publicly opened and acknowledged of receipt by the City’s e-procurement system electronically. The e-procurement system does not permit RFPs received after the assigned date and time. For the above reasons, it is recommended that the Offeror(s) allow sufficient time to complete your online Submission and to resolve any issues that may arise.

ATTENTION, ALL INTERESTED RESPONDENTS:

To obtain documents online, please visit Boynton-beach.bidsandtenders.net. Documents are not provided in any other manner. Maps are available to be viewed online by visiting - http://boynton-beach.maps.arcgis.com/apps/View/index.html?appid=1cc2e268deef4e9ebb313b82440402bc.

SCOPE OF RFP:

The City of Boynton Beach is soliciting proposals from qualified Contractors to furnish all equipment, materials, tools, labor, necessary supervision, and incidentals to provide quality Landscape Maintenance, and Irrigation Inspection and Maintenance for designated areas within the City of Boynton Beach as specified within this proposal document. Service and good workmanship are of primary concern.

A NON-MANDATORY Pre-Bid Conference is scheduled for Tuesday, July 21, 2026 @ 10:00A.M. (local time), to be held in Room 115, CITY OF BOYNTON BEACH CITY HALL 100 EAST OCEAN AVENUE

BOYNTON BEACH, FL 33435. Please note this meeting will be recorded and uploaded to

Bids&Tenders.

The purpose of this meeting is to provide a forum for all concerned parties to discuss the proposed project, answer questions on the solicitation document, review the qualifications requested, provide instructions for submitting qualification packages, and discuss other relevant issues.

In the event that any discussions or questions at the pre-proposal meeting require, in the City’s opinion, official additions, deletions, or clarifications of the solicitation or any other document, the City will issue an addendum to this Request for Proposals, as the City determines is appropriate.

Questions related to this RFP are to be submitted to the Purchasing representative through the e-procurement system only by clicking on the “Submit a Question” button for this specific solicitation.

No oral representation or discussion taking place at the pre-proposal meeting will be binding or may be relied upon by any person or entity. All questions prior to the pre-proposal meeting should be submitted in writing through the City’s e-procurement system by the deadline for questions.

LOBBYING / CONE OF SILENCE

Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation as of the time of advertisement of the proposal, bid or other response until the City Commission awards or approves a contract, the City rejects all bids or responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no Bidder or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the Bidder. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable.

The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, and contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual.

PUBLIC RECORDS DISCLOSURE:

Pursuant to Florida Statutes §119.071(1), sealed Bids, Proposal or Responses received by the City in response to a Request for Qualification or Invitation to Bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the Proposals/Bids. If the City rejects all Responses submitted in accordance with a Request for Proposal/Qualification or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal, Response or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or replies.

RFP 26-043R RIGHT OF WAYS LANDSCAPE MAINTENANCE

SECTION I – INSTRUCTION TO PROPOSERS – SUBMISSION

REQUIREMENTS

Procurement Definition: Request for Proposal (RFP) is a procurement method where the City requests proposals to complete a project or enter a term contract. This procurement methodology permits discussions with responsible offerors and revisions to proposals prior to the award of a contract.

The Proposer’s qualifications, experience, pricing and possible presentations with the short-listed firms will be factors in the evaluation. The City shall select the most advantageous proposal that best fits the City’s needs.

Proposals will be evaluated by an evaluation committee based on the criteria set forth in The Evaluation of Proposals.

PURCHASING DIVISION

Our Purpose: The City of Boynton Beach's Purchasing Division is dedicated to fostering equitable and fair competition in our solicitations through a transparent procurement process. We actively collaborate with local vendors to ensure that every participant has an equal opportunity to secure government contracts. Our commitment to fairness and transparency is unwavering.

Our Mission Statement: We are unwavering in our commitment to promoting integrity, transparency, and fairness in every step of the procurement process. This dedication is the cornerstone of our mission.

We strive to maximize value for our community by fostering competitive opportunities for local businesses, ensuring compliance with regulations, and delivering exceptional service to our stakeholders.

Through collaboration, planning, and innovation, we aim to support the city’s goals while enhancing the economic vitality of our region.

Key Goals: As guardians of the public trust, our Purchasing Division is deeply committed to its purpose and mission. Upholding the values of vision, integrity, efficiency, and quality service, we strive to fulfill our commitments with unwavering dedication.

Community Impact: Our local, state, and nationwide vendors are essential partners in our purpose and mission. We are dedicated to collaborating with qualified, competitive vendors who share our commitment to quality, efficiency, teamwork, and exceptional customer service.

A Message to our Vendors:

Your work as a vendor is not just about delivering products and services. It's about enhancing the overall value of our services to our residents. We expect high-quality products and efficient services, delivered on time and as specified, to make a real difference in our community. Additionally, we anticipate that our vendors will collaborate with us as a team and maintain the highest standards of integrity in all interactions with the city’s offices and departments. These are expectations and standards we hold all our vendors to.

Diligence in fulfilling the requirements of this solicitation will significantly enhance the overall quality of services delivered to our community. The City seeks a firm that embodies these principles in its work, and the successful candidates will be evaluated against the performance standards detailed in this solicitation.

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1.0 DEFINITIONS

Whenever the following terms appear in the RFP or Proposal, the intent and meaning shall be interpreted as follows:

“Addenda” Written or graphic instruments issued before opening solicitations that clarify, correct, or change the solicitation requirements or the contract document.

“Agreement” The written agreement between the City and the Contractor covering the scope of work to be performed, including other Contract Documents attached to the Agreement and made a part thereof. The words “Agreement” and “Contract” are used interchangeably.

“City Owned or Operated Facility” For the purpose of this document a “City-Owned or City-Operated Facility” means any building, structure, land, infrastructure, or physical space that is owned, leased, managed, or directly controlled by the City.

This includes, but is not limited to, administrative buildings, public parks, recreation centers, libraries, utility facilities, transportation facilities, parking structures or lots, public works sites, and any other property or facility for which the City holds responsibility for maintenance, operation, or oversight. The term applies regardless of whether the facility is operated directly by the City or by a contractor, agent, or other entity acting on behalf of the City.

“City” or “Owner” The City of Boynton Beach, Florida, a municipal corporation of the State of Florida “Contract Administrator” The Department’s Director or some other employee expressly designated as Contract Administrator in writing by the Director, who is the representative of the City concerning the Contract Documents.

“Contract Documents” The Contract Documents consist of this Agreement, conditions of the contract (General, Supplementary, and other Conditions), drawings, specifications of this solicitation, all addenda issued prior to, all modifications issued after execution of this Agreement, Notice of Award, Notice to Proceed, Certificate(s) of Insurance, Bonds and any additional modifications and supplements, Change Orders and Work directive changes issued on or after the effective date of the Contract. These Contract Documents form the Agreement, and all are as fully a part of the Agreement if attached to this Agreement or repeated therein.

“Contractor " The individual or firm who successfully receives the award for work to be completed as defined by this solicitation. Also referred to as Successful Proposer.

“Contract Administrator” The City’s authorized Contract representative.

“Defective” An adjective which, when modifying the Work, refers to Work that is unsatisfactory, faulty, or deficient, does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents.

“Effective Date of the Agreement” The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver.

“Evaluation/Selection Committee” City Staff and /or outside Contractor or subject matter experts who are assigned to evaluate the submitted proposals.

“Financial Consequences” Consequences that apply if a recipient or subrecipient fails to perform the minimum level of service required by an agreement. This provision can be excluded from an agreement only if financial consequences are prohibited by the federal agency awarding the grant.

“Grass (Turf, Turfgrass, or Sod)”

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A mat layer of monocotyledonous plants such as, but not limited to, Bahia, Bermuda, Centipede, Paspalum, St. Augustine, and Zoysia.

“Interested parties” Firms or proposers interested in the solicitation and plan to eventually become proposers.

“Liquidated Damages” Damages in the form of money to be paid to the City for damage or losses incurred or because of a contract breach. The amount of damages assessed is stated within the RFP and agreed to in the contract.

“Medians Within Right of Way” For the purpose of this document, median within right-of-way is designated linear areas located between opposing traffic lanes within a right-of-way. The term includes both landscaped and non-landscaped medians, regardless of width, design, or construction materials, provided they lie within public right-of-way.

“Notice to Proceed” A written notice given by the City to the Contractor fixing the date on which the contract time will commence to run and on which the Contractor shall start to perform the Contractor’s obligations under the Contract Documents. Such Notice is to be issued by the project Contract Administrator.

“Online e-procurement system” or “e-procurement system” The City of Boynton Beach’s solicitation management system is “bids&tenders.”

“Procurement Services” The Procurement Division - Department of Finance of the City of Boynton Beach.

“Proposer/Offeror/Responder” Any individual, firm, or corporation submitting a proposal for this project, acting directly or through a duly authorized representative. For the purpose of this solicitation, the terms “Offeror,” “Proposer,” and “Responder” are used interchangeably and have the same meaning.

“Request for Proposals (RFP)” A method of procurement permitting discussions with responsible offerors and revisions to proposals prior to the award of a contract.

“Sub-Contractor” Any person, firm, entity, or organization, other than the employees of the Contractor, who contracts with the Contractor to furnish labor, or labor and materials, in connection with the work or services to the City, whether directly or indirectly, on behalf of the Contractor.

“Responsible Proposer” This means a person or firm capable of fully performing the requirements in the RFP and agreement and having the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit to ensure good faith performance.

“Responsive Proposer” This means a Person or firm who has submitted a Proposal that conforms in all material respects to the requirements outlined in this RFP.

“Written Amendment” A written amendment of the Contract Documents, signed by the City and the Contractor on or after the Effective Date of the Agreement and typically dealing with non-technical aspects rather than strictly work-related aspects of the Contract Documents.

“Unit Price or Hourly Wage Work” Work to be paid for based on unit prices outlined within the RFP.

“Project, Services, or Program” All matters that will be required to be done by the Contractor in accordance with the Scope of Work, Terms and Conditions, and Special Provisions of this RFP.

The following instructions are given to guide Proposers in adequately preparing their response.

These directions have equal force and weight with the specifications, and strict compliance is required with all provisions.

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1.1 PROCUREMENT DEFINITION FOR SOLICITATION

Request for Proposal (RFP) is a procurement method where the City requests proposals to complete a project or enter into a term contract. This procurement methodology permits discussions with responsible offerors and revisions to proposals prior to the award of a contract.

The Proposer’s qualifications, experience, revenue-sharing proposal, and presentations with the short-listed firms will be factors in the evaluation. The City shall select the most advantageous proposal that best fits the City’s needs.

Proposals will be evaluated by an evaluation committee based on the criteria set forth in Section VIII – Evaluation, Discussions and Award Reservation.

1.2 ONLINE E-PROCUREMENT SYSTEM – (bids&tenders)

A. The City of Boynton Beach utilizes an electronic online e-procurement system service to notify and distribute its solicitation documents; please visit Boynton-beach.bidsandtenders.net.

B. To obtain documents online, please visit Boynton-beach.bidsandtenders.net.

C. Before registering for the opportunity, you may preview the solicitation documents with a

Preview Watermark. Documents are not provided in any other manner.

D. Proposers are cautioned that the timing of their Submittal submission is based on when the Submittal is RECEIVED by the e-procurement System, not when a Submittal is submitted, as the Submittal transmission can be delayed due to file transfer size, transmission speed, etc.

E. For the above reasons, sufficient time is recommended to complete your RFP Submission and resolve any issues that may arise. The online e-procurement system’s web clock shall determine the closing time and date.

F. Proposers should contact bids&tenders support listed below at least twenty-four (24) hours prior to the closing time and date if they encounter any problems.

G. The e-procurement system will send a confirmation email to the Contractor advising that their submittal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at support@bidsandtenders.net.

1.3 EXAMINATION OF CONTRACT DOCUMENTS

A. Before submitting a Proposal, each Offeror must visit the site (if applicable to the project) to become familiar with the facilities and equipment that may in any manner affect cost or performance of the work; must consider federal, state, grant requirements (if Applicable) and local laws, ordinances, rules and regulations that may in any manner affect cost or performance of the work, must carefully compare the Offeror's observations made during site visits or in review of applicable laws with the Proposal Documents; and must promptly notify the Procurement Officer of all conflicts, errors and discrepancies, if any, in the Proposal Documents.

B. The Offeror, by and through the submission of a Proposal, agrees that it shall be held responsible for having examined the facilities and equipment (if applicable), is familiar with the nature and extent of the work and any local conditions that may affect it, and is familiar with the equipment, materials, parts, and labor required to perform the work successfully.

1.4 ELIGIBILITY OF PROPOSER

To be eligible to participate in this RFP, the proposing firm or principals must demonstrate that they, or the principals assigned to the contract, have successfully provided services of similar magnitude as those specified in SECTION II. SCOPE OF WORK (SERVICES) of this solicitation to at least one city similar in size and complexity to the City of Boynton Beach or can demonstrate

26-043R Right of Ways Landscape Maintenance they have the experience with large-scale private sector clients and the managerial and financial ability to perform the services successfully.

1.5 QUALIFICATIONS OF PROPOSERS

A. No e-submission will be accepted from, nor will any contract be awarded to, any person who is in arrears to the City of Boynton Beach upon any debt or contract or who has defaulted, as surety or otherwise, upon any obligations to the City, or who has been deemed irresponsible or unreliable to the City.

B. The City is not required to award any jobs to a Proposer, and, if awarded, the Contract “Contractor” based solely on their lowest e-submission revenue generating a proposal.

C. Awards will be based on past performance and quality of work in addition to the Contractor’s RFP response.

D. If selected for a contract, all Contractor must perform to the satisfaction of the City before being considered for award of additional contracts.

E. Contractor whose performance is unsatisfactory shall be subject to debarment or suspension.

1.6 PRE-PROPOSAL CONFERENCE

The City will hold an in-person and virtual, non-mandatory pre-proposal conference for this project. The information regarding such a meeting will be noted on the 1st and 2nd page of this document.

1.7 QUESTIONS AND ADDENDA ON THIS SOLICITATION

From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract Documents. Since all addenda are available to Proposers through the City’s e- Procurement system Boynton-beach.bidsandtenders.net, it is the responsibility of each Contractor to have received ALL addenda issued.

Proposers should check online at Boynton-beach.bidsandtenders.net before submitting their proposal and until the proposal closing time and date in the event, to ensure no additional addenda are issued.

If a Proposer submits their proposal before the solicitation closing time and date and an addendum has been issued, the e-procurement system shall WITHDRAW the proposal.

The submittal status will change to an INCOMPLETE STATUS, and the Proposal will be withdrawn. The Proposer can view this status change in the “MY BIDS” section of the e-procurement system.

A. The Proposer is solely responsible for creating any required adjustments to their Proposal, acknowledging the addenda, and ensuring the re-submitted Proposal is RECEIVED by the e-procurement System no later than the stated Proposal closing time and date.

B. The Proposer is responsible for submitting written questions or requesting clarification for items included in this solicitation through bids&tenders.

C. All responses to questions or inquiries, interpretations, and supplemental instructions will be in the form of a written addenda, which, if issued, will be posted through bids&tenders.

D. No verbal interpretations may be relied upon.

E. Failure of any Proposer to receive any such addenda or interpretation shall not relieve any

Proposer from any obligation under a response as submitted. All addenda so issued shall become a part of the solicitation document.

F. Proposer shall acknowledge receipt of any addenda through the e-procurement system by checking a box for each addendum and any applicable attachment.

26-043R Right of Ways Landscape Maintenance

G. It is the Proposer's responsibility to have received all issued addenda. Proposers should check online at Boynton-beach.bidsandtenders.net prior to submitting their Submittal and up until the solicitation closing time and date in the event additional addenda are issued.

H. If any interested parties have received this RFP packet from a source other than bids&tenders directly and the Interested Party is not registered with bids&tenders, they must register with bids&tenders.

I. No negotiations, decisions, or actions shall be initiated by the Proposer because of any discussions with a City employee.

J. Only those communications in writing from the Purchasing Division may be considered a duly authorized expression. Also, only communications from proposers submitted through bids&tenders in writing will be recognized by the City as duly authorized expressions on behalf of the Proposer.

K. Late Submittal Responses are not permitted by the e-procurement system.

L. To ensure receipt of the latest information and updates via email regarding this solicitation, or if a Proposer has obtained this solicitation from a third party, the responsibility is on the Proposer to create an e-procurement system vendor account and register as a plan taker for the solicitation with bids&tenders.

M. All expenses for making submittal responses to the City are to be borne by the Proposer.

1.8 MISTAKES WITHIN RFP

Proposers are cautioned to examine all terms, conditions, specifications, scope of work, exhibits, addenda, delivery instructions, and special conditions pertaining to the solicitation. Failure to examine all pertinent documents shall not entitle the Proposer to any relief from the conditions imposed in the Agreement and may lead to the rejection of a proposal.

1.9 SUBMISSION OF THE PROPOSAL

A. The City’s e-procurement solicitation system shall receive ELECTRONIC SOLICIAITON

SUBMISSIONS ONLY.

B. Hardcopy submissions are not permitted.

C. Electronic Request for Proposals for this solicitation shall be received by the City’s e-procurement system no later than the time outlined on page #1 of this solicitation.

D. Late responses are not permitted by the e-procurement system. It shall be the sole responsibility of the Proposer to have their Request for Proposals submittal submitted online.

E. All proposals shall be submitted in English.

F. All prices, terms, and conditions proposed in the submitted response shall be expressed in U.S. Dollars and will be firm for acceptance for ONE HUNDRED TWENTY (120) calendar days after the closing of the RFP.

1.10 SOLICITATION FORMS

A. The Proposer will submit a response to the solicitation (RFP) on the proposal submission forms provided. All proposal submissions prices, amounts, and descriptive information must be entered into the e-procurement system bids&tenders.

B. The Proposer must state the price and the time of delivery for which they propose to deliver the equipment or service requested.

C. The Proposer must be licensed to do business as an individual, partnership, or corporation in the State of Florida.

D. All proposal submission forms should be executed and submitted for easy identification.

Responses not submitted on proposal submission forms may be rejected.

E. All proposal submissions are subject to the conditions specified in this solicitation document. Submittals that do not comply with these conditions may be rejected.

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1.11 EXECUTION OF SOLICITATION DOCUMENTS

Proposal submissions to this solicitation must contain a manual signature of an authorized representative in the space provided on all affidavits and proposal sheets.

1.12 CAUSES FOR REJECTION

No response will be canvassed, considered, or accepted which, in the opinion of the City’s evaluation committee, is incomplete, informal, or unbalanced or contains inadequate documentation as required herein. Any alteration, erasure, interlineations, or failure to specify a response for all items called for in the schedule may render the proposal invalid.

1.13 REJECTION OF PROPOSALS

A. The City reserves the right to reject any proposal if the evidence submitted by the Proposer, or if the investigation of such Proposer, fails to satisfy the City that such Proposer is appropriately qualified to carry out the obligations and to complete the work contemplated.

B. Any or all proposals will be rejected if there is reason to believe that collusion exists among proposers. A proposal shall be considered irregular and may be rejected if it indicates serious omissions, alterations in form, additions not called for, conditions, unauthorized alternates, or irregularities of any kind.

C. The City reserves the right to reject any or all proposals, waive such technical errors, waive informalities or irregularities in any response received, re-advertise, or take any other actions as may be deemed best for the interests of the City.

1.14 WITHDRAWAL OF PROPOSALS

Any Responder may, without prejudice to themself, withdraw its response at any time prior to the expiration of the time during which responses may be submitted. Such withdrawal request must be in writing and signed in the same manner and by the same person who signed the response through bids&tenders. After the expiration period for receiving responses, no proposal can be withdrawn.

1.15 NO SUBMITTAL

A NO SUBMITTAL response can be submitted online through bids&tenders the e-procurement system.

1.16 SOLICITATION DEADLINE

The Proposer is responsible for ensuring that the proposal is submitted electronically by or at the proper time and date before the solicitation deadline. The e-procurement solicitation system does not permit late submission responses.

1.17 RIGHTS OF THE CITY FOR THIS REQUEST FOR PROPOSALS (RFP)

The City reserves the right to the following:

A. Reject any or all proposals.

B. Reject or cancel any or all proposals during the procurement process.

C. Reissue the solicitation.

D. Extend the RFP deadline time and date.

E. Procure any item by other means.

F. Increase or decrease the quantity specified in the Request for Proposals (RFP).

G. Consider and accept an alternate proposal as provided herein when most advantageous to the City.

H. Waive any defect, irregularity, or informality in any RFP procedure.

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I. Waive as an informality technical error, minor deviations from specifications, defect, or accept a portion of any proposal deemed to be the most responsive, responsible Proposer(s) representing the most advantageous submission to the City.

J. In determining the “most advantageous proposal,” price, quantifiable factors, and other factors are considered. Such factors include but are not limited to:

a. Statement of Work

b. Price Proposal

c. Other factors contributing to the overall RFP outlined in SECTION IV –

EVALUATION OF PROPOSALS.

K. Consideration may be given but is not necessarily limited to conformity to the specifications, including timely delivery; product warranty; a Proposer’s proposed service;

ability to supply and provide service; delivery to required schedules and past performances in other agreements with the City or other government entities.

1.18 PROTEST PROCEDURE

Protest procedures are provided in the City of Boynton Beach Purchasing Policy. Protests shall be submitted in writing, addressed to the Purchasing Director, via hand delivery, or mail, along with a protest cash bond in an amount equal to 5% of the submittal price or $5,000, whichever is less.

The bond will be refunded to a protester if the protest is upheld. The protest must identify the solicitation, specify the basis for the protest, and be received by the Purchasing Division within the deadlines as follows:

A. If the protest relates to a Request for Proposal, must be received before the solicitation submittal deadline date.

B. If the protest relates to any other matter relating to the solicitation, including the intent to award of an agreement, the protest must be received no later than THREE (3) regular business days after the date of the intent to award notification of award by a member of the purchasing staff.

Failure to file a protest as outlined in the City of Boynton Beach’s Purchasing Policy shall constitute a waiver of proceedings.

1.19 MINIMUM STANDARDS REQUIRED BY THE CITY

Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective Proposer has the following:

A. The appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements.

B. A satisfactory record of performance.

C. A satisfactory record of integrity.

D. Qualified legally to contract within the State of Florida and the City of Boynton Beach.

E. Supplied all necessary information in connection with the inquiry concerning responsibility.

1.20 DISQUALIFICATION OF PROPOSER

More than one Proposal from an individual, firm, partnership, corporation, or association under the same or different names shall not be considered. All proposals shall be rejected if there is reason to believe collusion exists between proposers.

Automatic disqualifiers are as follows:

A. Not being licensed to perform the required work by the Proposer.

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B. Not being eligible to submit a proposal due to violations listed under “Public Entity Crimes.”

C. Not completing all required forms outlined in Section III 3.4 F.

1.21 INFORMATION AND DESCRIPTIVE LITERATURE

The Proposer must furnish all information requested in the spaces provided on the proposal submission form. Further, as may be specified elsewhere, each Proposer may need to submit cuts, sketches, descriptive literature, and technical specifications covering the products or services offered for proposal evaluation. Reference to literature submitted with a previous submittal or on file with the City will not satisfy this provision.

1.22 INTERPRETATIONS

To ensure fair consideration for all Proposers, the City prohibits communication to or with any department, officer, or employee during the solicitation process as described in the Cone of Silence except as otherwise specified. If the Proposer would be in doubt as to the meaning of any of the solicitation documents or believes that the plans and/or specifications contain errors, contradictions, or reflect omissions, the Proposer shall direct questions to the Purchasing representative through the e-procurement solicitation system only by clicking on the “Submit a Question” button for this solicitation, no later than ten (10) days prior to the solicitation deadline.

1.23 CERTIFICATIONS, LICENSE, AND PERMITS

A. Unless otherwise directed by the City, the Proposer would provide a copy of all applicable certificates of Competency or Licenses issued by the State of Florida or the Palm Beach County Licensing Board in the name of the Proposer.

B. If applicable, the Proposer shall also maintain a current Local Business Tax Receipt (Occupational License) for the County and all permits required to complete the contractual service at no additional cost to the City.

C. A County Local Business Tax Receipt (Occupational License) is required unless specifically exempted by law. It shall be the responsibility of the Proposer to obtain all certifications, licenses, and permits, if required, to complete the services at no additional cost to the City.

D. It is the responsibility of the Proposer to ensure all required certifications, licenses, and permits are maintained and are current throughout the term of the Agreement, inclusive of any renewals.

E. Licenses and permits shall be readily available for review by the Purchasing Agent and City Inspectors.

F. Failure to meet this requirement shall be considered a default of the Agreement.

1.24 SUB-CONSULTING

A. If a Proposer utilizes sub-Proposer for any portion of the Agreement for any reason, the Proposer will state the name and address of the sub-Proposer and the name of the person to be contacted on the online form within the e-procurement system under “Schedule of Sub-Proposer.”

B. The City of Boynton Beach reserves the right to accept or reject any or all proposals wherein a sub-Proposer is named and to make the award to the Proposer, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City.

C. The City also reserves the right to reject the submission of any Proposer if the solicitation names a sub-Proposer who has previously failed to perform an award properly or failed to deliver on-time contracts of a similar nature or who cannot perform correctly under this award.

D . The City reserves the right to inspect all facilities of any sub-Proposer to determine the foregoing.

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E. The sub-Proposer will be equally responsible for meeting all requirements specified in this Request for Proposals (RFP).

F. Proposers are encouraged to seek participation from minority and women-owned business enterprises in subcontracting opportunities. The City reserves all rights to determine the foregoing.

1.25 ESCALATOR CLAUSE

Any proposal that is submitted subject to an escalator clause will be rejected.

1.26 EXCEPTIONS BY PROPOSER

A. Incorporation in a proposal of exceptions to any portion(s) of the Contract Documents may invalidate the proposal. Exceptions to the Scope of Work and/or Special Provisions shall be clearly and specifically noted in the submitted proposal on a separate sheet marked “EXCEPTIONS TO THE SPECIFICATIONS,” which shall be attached to the proposal.

B. Any exceptions taken to the terms and conditions of the solicitation or the City’s Agreement shall be considered a part of the Proposer’s solicitation response and will be considered by the City in its evaluation. Any exception not specifically stated is deemed waived.

Submission of any exceptions does not denote acceptance by the City. Furthermore, taking exceptions to the City’s terms and conditions may be viewed unfavorably by the City/evaluation committee and ultimately may impact the overall evaluation of a Proposer’s submittal.

C. The use of the Proposer’s standard forms or the inclusion of the manufacturer’s printed documents shall not be construed as constituting an exception within the intent of the Contract Documents.

1.27 TRADE SECRET

Any language contained in the Proposer’s proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is, in the City’s opinion, a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City that the Proposer claims are Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07.

The City shall be the final arbiter of whether any information contained in the Proposer’s proposal constitutes a Trade Secret. The City’s determination of whether an exemption applies shall be final, and the Proposer agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City’s treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected.

EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS

PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR

CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS

COPYRIGHTED.

1.28 ANTI-KICKBACK AFFIDAVIT

Each Proposer shall complete the Anti-Kickback Affidavit Form and shall submit this form with their Proposal. The City considers the failure of the Proposer to submit this document to be a major irregularity and may be cause for rejection of the Proposal.

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1.29 CONFLICT OF INTEREST / GIFT POLICY

The Proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in a manner with the performance of services required hereunder, as provided for in Chapter 112, Part III, Florida Statutes. All Proposers shall disclose the name of any City employee or relative of a City employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Proposer’s firm or any of its branches.

A. CONFLICT OF INTEREST:

No employee, officer, or agent of the City may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or may receive a tangible personal benefit from a Proposer considered for a City contract.

In addition, the Proposer shall disclose to City in writing all federal criminal law violations involving fraud, bribery, or gratuity that potentially affect the award of this solicitation.

Failure to make the required disclosures can result in withheld payments, award termination, suspension, or debarment of the proposer.

B. ORGANIZATIONAL CONFLICT OF INTEREST:

The Proposer shall not have activities or relationships (a) causing the Proposer to be unable, or potentially unable, to render impartial assistance or advice to the City; (b) impairing the Proposer's objectivity in performing the contract work; or (c) resulting in an unfair competitive advantage.

1.30 GIFT POLICY

No Proposer who is a party to, or receives a benefit from, this Agreement shall offer a gratuity, favor, or anything of monetary value to any officer, employee, or agent of the City. Further, no officer, employee, or agent of the City shall solicit or accept a gratuity, favor, or anything of monetary value from a Proposer who is a party to, or receives a benefit from, this Agreement.

1.31 CONFIRMATION OF MINORITY-OWNED BUSINESS

It is the desire of the City of Boynton Beach to increase the participation of minority-owned businesses in its contracting and procurement programs. While the City does not have any preference or set-aside programs in place, it is committed to a policy of equitable participation for these firms. Therefore, each Proposer shall complete the Confirmation of Minority-Owned Business Form and shall submit the form with its submission.

1.32 DIGITAL FORMS TO BE COMPLETED WITH EACH PROPOSAL

A. Certification B. Vendor Drug-Free Workplace C. Bidder’s Qualification Statement D. References E. Scrutinized Companies List F. E-Verify Compliance G. Sub-Contractor Form H. Firm’s Primary Ownership

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I. Palm Beach Inspector General Acknowledgement J. Proposer Acknowledgement K. Sub-Contractor’s Form

1.33 FORMS TO BE UPLOADED TO THE DOCUMENT UPLOAD SECTION

Document Upload 1: Narrative of Proposers Qualifications Document Upload 2: Non-Collusive Affidavit and Acknowledgment Non-Collusive Affidavit Document Upload 3: Certification Pursuant to Florida Statute § 287.135 Document Upload 4: E-Verify Affidavit Document Upload 5: Anti-Kickback Affidavit Document Upload 6: Foreign Entity Affidavit Document Upload 7: Anti-Human Trafficking Laws Affidavit Document Upload 8: Certificate of Insurance Requirements Document Upload 9: Proof of State Certified or Professional Licenses Document Upload10: IRS Form W-9 OPTIONAL: Other Material Proposer wishes to present to further clarify their qualifications.

1.34 REFERENCES

Contractor(s) shall provide a minimum of five (5) references with at least three (3) from the government sector. References should highlight the contractor(s) experience, reliability, tenacity and capability to fully perform the contract requirements. Other information shall include:

a) For Grounds Maintenance (Mowing), vendors shall provide evidence of specific project experience as a prime contractor for a minimum of three projects within the last three years of similar or greater complexity and cost. Governmental experience is preferred.

b) Reference contact information must be furnished for all projects claimed as relevant experience under this requirement including: Project Name, the customer for whom the project was done, total project cost, when the project commenced and was completed, project manager with phone number. Include reference information with proposal.

1.35 AWARD OF AGREEMENT:

A. Agreement(s) or purchase order(s) will be awarded by the City to the most qualified, responsive, responsible Proposer whose submission represents the most advantageous proposal to the City, the price of the proposal, and other factors considered.

B. Proposals will be evaluated based on the evaluation factors and standards set forth herein.

The City reserves the right to reject all proposals and waive technical errors as set forth herein.

C. In the event of a court challenge to an award by any Proposer, damages, if any, resulting from an award shall be limited to actual proposal preparation costs incurred by the challenging Proposer. Each party shall be responsible for its own attorney’s fees and costs.

D. In no case will the award be made until all necessary investigations have been made into the Proposer's responsibility and the City is satisfied that the most qualified, responsive, responsible Proposer is qualified to do the work and has the necessary organization, licenses, permits, capital, and equipment to carry out the required work within the specified time.

1.36 SIGNING OF AGREEMENT:

An Award Letter will be presented to the Proposer. Within ten (10) calendar days after the award letter is issued, the Proposer should sign and deliver the Agreement to the City with the required bonds (if applicable) and insurance certificates. After receiving and approving such documents, the Agreement would be executed within thirty (30) calendar days. The City intends to deliver a

26-043R Right of Ways Landscape Maintenance fully signed and executed Agreement to the Proposer. At times, a purchase order will be issued in lieu of a formal agreement.

1.37 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH:

The Vendor certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A.

requirements. Vendor further certifies that if awarded as the successful Vendor, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A.