delray b ITB 2027-006 Landscape Maintenance SW 12th Avenue_LW_10.26.26.pdf

City of Delray Beach ITB No 2027-006

Landscape Maintenance SW 12th Avenue (30 SW 12th Ave. to SW 3rd St.)

The City of Delray Beach 100 NW 1st Avenue

Delray Beach, FL 33444

PURCHASING DEPARTMENT

INVITATION TO BID

ITB NO.: 2027-006

TITLE: LANDSCAPE MAINTENANCE SW 12TH AVENUE (30 SW 12TH AVE. TO SW 3RD ST.)

DUE DATE AND TIME: November 18, 2026, 2:00 p.m. (LOCAL TIME)

INSTRUCTIONS

Bids must be received on or before the due date and time (local time). All Bids will be publicly opened at City Hall, unless otherwise specified. The City will only accept electronic bids.

The City will only accept electronic submittals for this Invitation to Bid (ITB). ITB’s will be accepted through a secure mailbox at Bidnet Direct until the Due Date and Time indicated in this ITB. Bidnet Direct does not accept electronic Bids after the Due Date and Time. It is the sole responsibility of the Bidder to ensure its electronic Bid submission is complete prior to the solicitation Due Date and Time. Electronic submission of bids will require the uploading of forms and/or attachments as designated in this ITB. Electronic submission must include a signed original of the Solicitation Summary form. The submission of forms and attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as separate file.

If the Solicitation Summary form is not included, the City may deem the Bid non-responsive. Bids must contain all information required to be included in the submittal, as described in this Solicitation.

BROADCAST

The City of Delray Beach utilizes electronic online services for notification and distribution of its Solicitation documents. The City’s Solicitation information can be obtained from: (a) Bidnet Direct () (b) Purchasing webpage on the City of Delray Beach https://www.delraybeachfl.gov/government/city-departments/purchasing/current-bids-solicitations; (c) Request via email capR@mydelraybeach.com.

Bidders who obtain Solicitations from sources other than those named above are cautioned that the Invitation to Bid package may be incomplete.

The City may not evaluate incomplete Bid packages. Bidnet Direct is an independent entity and is not an agent or representative of the City. Any technical issues must be submitted to Bidnet Direct by contacting (800) 835-4603 (toll free) or https://www.bidnetdirect.com/florida/cityofdelraybeach. The City cannot assist with technical issues regarding submittals and will in no way be responsible for delays caused by any technical or other issue.

Communications to any independent entities does not constitute communications to the City. The City is not responsible for errors and omissions occurring in the transmission or downloading of any documents, addenda, plans, or specifications from these websites. In the event of any discrepancy between information on these websites and the Solicitation documents, the terms and conditions of the documents will prevail.

CONTACT PERSON

Any questions regarding the specifications and Solicitation process must be submitted through the “Question” feature on support@bidnet.com.

Requests for clarification and additional information must be received prior to the Deadline for Submission of Questions on November 6, 2026 , at 5:00p.m. (LOCAL TIME).

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Landscape Maintenance SW 12th Avenue (30 SW 12th Ave. to SW 3rd St.)

The City of Delray Beach 100 N.W. 1st Avenue

Delray Beach, FL 33444

LEGAL ADVERTISEMENT

INVITATION TO BID NO. 2027-006

LANDSCAPE MAINTENANCE SW 12TH AVENUE

The City of Delray Beach is seeking Bids from qualified contractors for Landscape Maintenance Services along SW 12th Avenue in accordance with the terms, conditions, and specifications contained in this Invitation to Bid.

Invitation to Bid documents are available beginning October 27, 2026 on the Purchasing webpage on the City of Delray Beach https://www.delraybeachfl.gov/government/city-departments/purchasing/current-bids-solicitations, on the Bidnet Direct (https://www.bidnetdirect.com/florida/cityofdelraybeach); via email request to capR@mydelraybeach.com.

Submission of Bids electronically will be through a secure mailbox at Bidnet Direct (https://www.bidnetdirect.com/florida/cityofdelraybeach) until the Deadline for Submission as indicated in this ITB. The Due Date and Time for submission of Bids is November 18, 2026, at 2:00 P.M. (Local Time).

Late Proposals will not be accepted. The City will only accept electronic Proposals for this ITB.

It is the responsibility of the Bidder to ensure all pages are included in the submission. All Bidders are advised to closely examine the Solicitation package. Any questions regarding the completeness or substance of the Solicitation package or scope of services must be submitted using the ‘Question’ feature on https://www.bidnetdirect.com/florida/cityofdelraybeach.

The City will not hold a Pre-Bid Conference

The City of Delray Beach reserves the right to accept or reject any or all Bids, in whole or in part, with or without cause, to waive any irregularities and/or technicalities, and to award the contract on such coverage and terms it deems will best serve the interests of the City.

CITY OF DELRAY BEACH

SECTION 1

SPECIAL TERMS AND CONDITIONS

Landscape Maintenance SW 12th Avenue (30 SW 12th Ave. to SW 3rd St.)

1.1 PURPOSE

The purpose of this Solicitation is to receive responses from qualified Respondents to provide landscape maintenance services along SW 12th Avenue in accordance with the terms, conditions, and specifications contained in this Invitation to Bid.

1.2 CONTRACT MEASURES AND PREFERENCES

Intentionally Omitted

1.3 PRE-BID CONFERENCE AND SITE VISIT

Intentionally Omitted

1.4 TERM OF CONTRACT

The Contract shall commence upon the date of the duly executed Agreement and shall remain in effect for a term of three (3) years.

1.5 OPTIONS TO RENEW

Upon mutual agreement of the City and the awarded Bidder, the Agreement may be renewed for two (2) additional one (1) year period(s).

1.6 METHOD OF AWARD:

The City will award this contract to the responsive and responsible Bidder who submits the lowest price to perform the work.

Vendors must bid on ALL line items within all Groups to be considered responsive to the bid requirements.

The City’s intent is to award this contract by TOTAL PRICE, the sum of all line items within all Groups, to the lowest responsive, responsible bidder. Bidders must indicate “No Charge” in the “Notes for Buyer” section in Bidnet Direct on items that are included at no additional charge by placing $0.00 in the offer field.

1.7 PRICES SHALL BE FIXED AND FIRM

If the Bidder is awarded a contract under this Solicitation, the prices offered by the Bidder shall remain fixed and firm during the performance of the Work, notwithstanding price adjustments made in accordance with Section 1.8.

1.8 PRICE ADJUSTMENTS BASED ON GOVERNMENTAL PRICE INDEX

If the Bidder is awarded a contract under this Solicitation, the prices offered by the Bidder shall remain fixed and firm for the initial term during the performance of the Work, except for any change orders or variations, which must meet the prior approval and authorization of the City.

The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid.

After the initial two-year term, during the ninety (90) day period prior to each annual renewal of the contract effective date, the Vendor may submit a written request that the City increase the prices for an amount for no more than the twelve months change in the following pricing index: All-Urban Consumers Price Index (CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Dept. of Labor.

1.9 EXAMINATION OF CITY FACILITIES OR EQUIPMENT

Prior to submitting its offer, it is recommended that the Bidder visit the site of the proposed work and become familiar with any conditions which may in any manner affect the work to be done or affect the equipment, materials and labor required. The Bidder is also advised to carefully examine any drawings, specifications, or equipment, and become thoroughly aware regarding any and all conditions and requirements that may in any manner affect the work to be performed under the Contract. No additional allowances will be made because of lack of knowledge of these conditions.

1.10 EQUAL PRODUCTS

The manufacturer’s name, brand name and/or model number information contained in this Solicitation are being used for the sole purpose of establishing the minimum requirements of the level of quality, standard of performance, and design and is in no way intended to prohibit the offer of another manufacturer's items of equal material and quality. This specific Solicitation requires submission of the following documentation to enable City evaluation of “equal” products:

1. Product information sheets

2. Product Samples Upon Specific Request

If an “equal” product may be considered by the City, the item shall be equal in quality and standards of performance to the item specified in the Solicitation. Where an “equal” item is offered, and product information sheets are required, the initial offer must be accompanied with complete product information sheets (such as factory specifications, standard manufacturer information sheets, catalogues, and brochures). Also, for product information submittals, all supporting documentation submitted by the Bidder must in total meet the required specifications set forth in this Solicitation. Where the standard product literature submitted with the offer provides information that does not comply with the specifications, the Bidder shall state, in an official letter on corporate letterhead as part of their initial offer, the differences between the item it is offering, and the item described by the standard product literature, to substantiate compliance to all the specifications set forth in this Solicitation. In such cases, any offer submitted with standard product literature but without the letter explaining compliance will result in the rejection of the offer for not meeting the Solicitation specifications.

If samples of all “or equal” items Bid are required for evaluation, such items are to be provided at no cost to the city and should be provided at the time of specific request by the City. Failure to meet this requirement may result in Bidder’s offer being rejected.

1.11 INSURANCE

The awarded bidder shall not commence any performance pursuant to the terms of this solicitation until certification or proof of insurance has been received and approved by the City’s Risk Manager or designee.

The required insurance coverage is to be issued by an insurance company authorized, licensed and registered to do business in the State of Florida, with the minimum financial strength rating of A- VIII or better, in accordance with the latest edition of A.M. Best’s Insurance Guide. This insurance shall be documented in certificates of insurance which provides that the City of Delray Beach shall be notified at least thirty (30) days written notice in advance of cancellation, non-renewal, or adverse change and ten

(10) days written notice of cancellation for non-payment. The receipt of certificates or other documentation of insurance or policies or copies of policies by the City or by any of its representatives, which indicate less coverage than is required, does not constitute a waiver of the selected Proposer’s obligation to fulfill the insurance requirements herein. Deductibles must be acceptable to the City of Delray Beach.

The awarded bidder must submit a current Certificate of Insurance, naming the City of Delray Beach as an additional insured under the Commercial General Liability (CGL) and Automobile Liability policies, as well as under any applicable policies where commercially available. Coverage shall be primary and non-contributory to any insurance or self-insurance maintained by the City, and the awarded bidder shall cause the insurers to waive all rights of subrogation against the City. The Certificate of Insurance shall identify the City as an additional insured and be submitted no later than ten (10) days following award and prior to commencement of any work. New certificates of insurance are to be provided to the City upon expiration. All renewal or replacement certificates of insurance shall be forwarded to the City’s Purchasing and Procurement Department located at 100 N.W. 1st Avenue, Delray Beach, FL 33444.

The awarded bidder shall provide insurance coverage as follows:

a. WORKERS COMPENSATION AND EMPLOYER’S LIABILITY Workers Compensation Insurance to apply for all employees in compliance with the “Workers Compensation Law” of the State of Florida and all applicable Federal laws. The City reserves the right not to accept exemptions to the Workers Compensation requirements of this solicitation.

Employer’s Liability Insurance with a limit of not less than $500,000 for each accident, $500,000 for each occurrence, and $500,000 in the aggregate.

b. COMMERCIAL GENERAL LIABILITY Commercial General Liability Insurance with minimum limits of One Million Dollars ($1,000,000) per occurrence/Two Million Dollars ($2,000,000) aggregate and shall include bodily injury/property damage arising from the contractors operations under this contractor. The City shall be named as an additional insured.

NOTE: If Commercial General Liability limits are less than One Million Dollars ($1,000,000), the sum of Commercial General Liability limits and Excess Liability limits must equal no less than One Million Dollars ($1,000,000).

c. AUTOMOBILE LIABILITY Automobile Liability Insurance to include owned, non-owned, and hired, with minimum limits of One Million Dollars ($1,000,000.00) combined single limit.

d. POLLUTION LIABILITY Pollution Liability with minimum limits of One Million Dollars ($1,000,000) per occurrence and aggregate, covering pollution conditions and environmental liability arising from the contractor’s application, handling, storage, or release of fertilizers, herbicides, pesticides, and other chemicals used in performing services under this contract.

All insurance policies shall be issued by companies authorized to do business in the State of Florida, meeting the financial strength requirements specified herein and have agents upon whom service of process may be made in Palm Beach County, Florida. The Successful Proposer agrees to notify the City in writing within (5) business days of becoming aware of any cancellation, lapse or material modification of required insurance coverage. The insurance requirements set forth herein shall be maintained throughout the term of the agreement.

1.12 PERFORMANCE BOND

Intentionally Omitted

1.13 CERTIFICATIONS

Any Bidder that submits an offer in response to this Solicitation shall, at the time of such offer, hold all necessary certifications issued by the State or County Examining Board qualifying the Bidder to perform the work proposed for this project. If other professions or trades are required in conjunction with this Solicitation and such work/services will be performed or provided by a subcontractor(s), an applicable Certificate of Competency issued to the subcontractor(s) shall be submitted with the Bidder’s offer;

provided, however, that the City may at its option and in its best interest allow the Bidder to supply the subcontractor(s) certificate to the City during the evaluation period.

1.14 BID BOND/GUARANTY

Each Bid must be accompanied by Bid security made payable to the City of Delray Beach in an amount of five percent (5%) of the Bidder's maximum Bid price and in the form of a certified check or cashier’s check drawn upon any State or National Bank of Florida or a Bid Bond issued by a surety meeting the requirements of Paragraph 6.1 of the General Conditions. Said check or bond shall be made payable to the CITY and shall be given as a guarantee that Bidder, upon receipt of notification of tentative award of the contract, will enter into an Agreement with the CITY, and furnish the necessary documents including but not limited to: insurance certificates, Payment Bond and Performance Bond; each of the said bonds to be in the amount stated herein, all bonds shall be written by a surety authorized to conduct business in the State of Florida and shall have a registered agent in the State of Florida, meeting the requirements of Paragraph 6.1 of the General Conditions. Bid Bonds issued on any form, other than those provided herein, will not be acceptable. No bids will be considered unless accompanied by the required bid security.

The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security whereupon the Bid security will be returned. If the apparent successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen (15) days after the Notice of Intent to Award, the CITY may annul the Notice of Intent to Award, and the Bid security of that Bidder will be forfeited. The CITY may then accept the bid of the next most qualified responsible responsive Bidder or re-advertise for bids. If the bid of the next most qualified responsible responsive Bidder is accepted, this acceptance shall bind such Bidder as though he was the original successful Bidder. There shall be no binding contract until such time as the CITY accepts the contract and makes final award of the contract. The Bid Security of other Bidders whom CITY believes to have a reasonable chance of receiving the award may be retained by the CITY until the earlier of the seventh day after the effective date of the Agreement or the ninety-first day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not responsive will be returned within ten (10) days after the Bid opening.

1.15 METHOD OF PAYMENT:

The awarded Bidder shall submit an invoice to the City for progress payments for work that has been completed and has been inspected and accepted by the City. The date of the invoices shall not exceed thirty (30) calendar days from the completion of that portion of the work. Under no circumstances shall the invoice be submitted to the City in advance of the completion and acceptance of the work.

The invoice shall contain the following basic information: the awarded Bidder’s name and address, invoice number, date of invoice, description of the goods or service, the contract number, purchase order number, and any discounts.

The city prides itself on paying its vendors promptly and efficiently, and as such requires that vendors accept payment via wire transfer, ACH (direct deposit), or an appropriate electronic payment method.

The City is averse to issuing paper checks and seeks to discontinue this practice. All payments shall be made in accordance with the Florida Prompt Payment Act, Section 218.74, Florida Statutes, upon presentation of a proper invoice by the awarded Bidder.

1.16 WARRANTY REQUIREMENTS:

In addition to all other warranties that may be supplied by the Bidder, the awarded Bidder shall warrant its products and/or service against faulty labor and/or defective material, for a minimum period of one

(1) year from the date of acceptance of the labor, materials and/or equipment by the City. This warranty requirement shall remain in force for the full period; regardless of whether the awarded Bidder is under contract with the City at the time of defect. Any payment by the City on behalf of the services received from the awarded Bidder does not constitute a waiver of these warranty provisions.

1.17 ADDITIONAL FACILITIES OR PRODUCTS

Although this Solicitation and resultant Contract may identify specific facilities or products, it is hereby agreed and understood that any City department or agency facility or related product may be added to this Contract at the option of the City, for similar products or services. The awarded Bidder shall be invited to submit price quotes for these additional facilities or products. If these quotes are determined to be fair and reasonable, then the additional work will be awarded to the awarded Bidder by formal modification of the Contract or Purchase Order. The City may determine to obtain price quotes for the additional facilities from non-contract awarded Bidder(s) in the event that fair and reasonable pricing is not obtained from the awarded Bidder, or for other reasons, at the City’s discretion.

1.18 CATALOGS AND PRICE LISTS

Vendor shall indicate in all spaces provided on the Place Offer/Item Response Form, their single fixed discount from the most current manufacturer’s price list. That percentage discount will be used for the term of the contract. The bidder should provide with its bid response two (2) copies of the most current Published Manufacturer's Suggested Retail Price (MSRP) List as part of the solicitation package in a spreadsheet format or, as an alternative, provide an internet web link. In the event that an internet web link is not available, a printed copy of the Price List may be submitted. The Price List must clearly indicate:

1. The Catalog or Published Price List Number

2. The Effective Date

3. The Column Pricing Quoted

If not provided with submittal, the Vendor must submit within three (3) business days of City’s request;

otherwise, the City may deem your bid as nonresponsive.

1.19 CLEAN UP

The awarded Bidder shall remove all unusable materials and debris from the work areas at the end of each workday and dispose of the same in an appropriate manner. Upon final completion, the awarded Bidder shall thoroughly clean up all areas where work has been involved.

1.20 ACCIDENT PREVENTION AND BARRICADES

Precautions shall be exercised at all times for the protection of persons and property. All Vendors performing services or delivering goods under this contract shall conform to all relevant OSHA, State and City regulations during the course of such an effort. Any fines levied by the above-mentioned authorities for failure to comply with these requirements shall be borne solely by the awarded Bidder. Barricades shall be provided by the awarded Bidder when work is performed in areas traversed by persons, or when deemed necessary by the City.

1.21 DEMONSTRATION OF EQUIPMENT

Intentionally Omitted

1.22 HOURLY RATE

Any hourly rate quoted shall be deemed to provide full compensation to the awarded Bidder for labor, equipment use, travel time, and any other element of cost or price. This rate is assumed to be at straight-time for all labor, except as otherwise noted.

1.23 MOTOR VEHICLE LICENSE REQUIREMENT

Bidders’ employees/staff, authorized/assigned to this project must possess a current valid license issued by the state of Florida Department of Agriculture and Consumer Affairs, and or proof of current licensure shall be submitted with bid.

1.24 PATENTS AND ROYALTIES

The awarded Bidder, without exception, shall indemnify and hold harmless the City and its employees from liability of any nature or kind, including cost and expenses for, or as a result of, any copyrighted, patented, or unpatented invention, process, or article manufactured by the awarded Bidder. The awarded Bidder has no liability when such claim is solely and exclusively due to the combination, operation, or use of any article supplied hereunder with equipment or data not supplied by awarded Bidder or is based solely and exclusively upon the City's alteration of the article. The City will provide prompt written notification of a claim of copyright or patent infringement.

Further, if such a claim is made or is pending, the awarded Bidder may, at its option and expense, procure for the City the right to continue use of, replace or modify the article to render it non-infringing. (If none of the alternatives are reasonably available, the City agrees to return the article on request to the awarded Bidder and receive reimbursement, if any, as may be determined by a court of competent jurisdiction.) If the awarded Bidder uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the contract prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work.

1.25 RELEASE OF CLAIM REQUIRED

Pursuant to Section 255.05, Florida Statutes, all payments to the awarded Bidder’s subcontractors shall be made within ten (10) days of receipt of the partial payment by the awarded Bidder. With the exception of the first partial payment, the awarded Bidder must pay all of its subcontractors and suppliers who have performed any work or supplied any materials for the project within ten (10) days after receipt of the partial payment by the awarded Bidder for monies due such subcontractors and suppliers as a result of a percentage of the work completed. The awarded Bidder must provide the City's project manager with duly executed affidavits (subcontractor's statement of satisfaction) or releases of claim from all subcontractors and suppliers who have performed any work or supplied any materials for on the project as of that date. The affidavit or releases shall certify that said subcontractors and suppliers have been paid their proportionate share of all previous partial payments to the awarded Bidder. In the event such affidavits cannot be furnished, the awarded Bidder may submit an executed consent of surety to requisition payment; identifying the subcontractors and suppliers with the amounts for which the statement of satisfaction cannot be furnished. If the awarded Bidder fails to provide a consent of surety to requisition payment, the amount in dispute will be withheld until either the statement of satisfaction is furnished, or the consent of surety to requisition payment is furnished.

1.26 SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED

As part of its Bid, the Bidder must identify any subcontractors that will be used in the performance of the proposed work, their capabilities and experience, and the portion of the work to be done by the subcontractor. The competency of the subcontractor(s) with respect to experience, skill, responsibility and business standing shall be considered by the City when making the award in the best interest of the City. If the Bidder fails to identify any subcontractors in the Bid, the Bidder may be allowed to submit this documentation during the Bid evaluation period, if such action is in the best interest of the City.

Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the City.

1.27 TRANSFER PROHIBITED

Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of the Agreement, or of any or all of its rights, title or interest herein, or its power to execute such Agreement to any person, company or corporation, without prior written consent of the City.

1.28 OTHER FORMS OR DOCUMENTS

If the City is required by the awarded Bidder to complete and execute any other forms or documents in relation to this Solicitation, the terms, conditions, and requirements in this Solicitation shall take precedence to any and all conflicting or modifying terms, conditions or requirements of the Bidder’s forms or documents.

1.29 FAILURE TO DELIVER OR COMPLETE WORK

Should the awarded Bidder fail to deliver or complete the work within the time stated in the Contract, it is hereby agreed and understood that the City reserves the authority to cancel the Contract with the awarded Bidder and secure the services of another vendor to purchase the items or complete the work.

If the City exercises this authority, the City shall be responsible for paying the awarded Bidder for work which was completed, and items delivered and accepted by the City in accordance with the Contract specifications. The City may, at its option, demand payment from the awarded Bidder, through an invoice or credit memo, for any additional costs over and beyond the original Contract price, which were incurred by the City, as a result of having to secure the services of another vendor.

1.30 STORAGE OF MATERIALS

Suitable storage facilities shall be furnished by the awarded Bidder. All materials, supplies and equipment intended for use in the work shall be suitably stored by the awarded Bidder to prevent damage from exposure, admixture with foreign substances, or vandalism or other cause. All hazardous materials must be stored in compliance with all pertinent requirements concerning their safe use and storage. The bidder will refuse to accept or sample for testing, materials, supplies or equipment that have been improperly stored, as determined by the Bidder. Materials found unfit for use shall not be incorporated in the work and shall immediately be removed from the construction or storage site. Delivered materials shall be stored in a manner acceptable to the City before any payment for same will be made. Materials strung out along the line of construction will not be allowed unless the materials will be installed within one week from the time of unloading and stringing out.

1.31 CORRECTING DEFECTS

The awarded Bidder shall be responsible for promptly correcting any deficiency, at no cost to the City, within three (3) calendar days after the City notifies the awarded Bidder of such deficiency in writing. If the awarded Bidder fails to correct the defect, the City may procure the products or services from another source and charge the awarded Bidder for any additional costs that are incurred by the City for this work or items, either through a credit memorandum or through invoicing.

1.32 PRESERVATION OF PROPERTY

The awarded Bidder shall preserve from damage all property along the line of the work, or which is in the vicinity of or is in any way affected by the work, the removal or destruction of which is not called for by the plans. Wherever such property is damaged due to the activities of the awarded Bidder, it shall be immediately restored to its original condition by the awarded Bidder at no cost to the City. In case of failure on the part of the awarded Bidder to restore such property, or make good such damage for injury, the City may, after 48 hours’ notice to the awarded Bidder, proceed to repair, rebuild or otherwise restore such property as may be deemed necessary and the cost thereof will be deducted from any monies due, or which may become due the awarded Bidder under this contract.

1.33 OMISSIONS IN SPECIFICATIONS

The Statement of Work or description of items contained within this Solicitation describes the various work requirements deemed necessary for the completion of the project. Any omissions of inherent technical functions or classes of work within the Specifications and/or Statement of Work shall not relieve the awarded Bidder from furnishing, installing, or performing such work where required to the satisfactory completion of the project.

1.34 MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS

The awarded Bidder hereby acknowledges and agrees that all materials, except where recycled content is specifically requested, supplied by the awarded Bidder in conjunction with this Solicitation and resultant Contract shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials supplied to the City by the awarded Bidder are found to be defective or do not conform to specifications: (1) the materials may be returned to the awarded Bidder at the awarded Bidder’s expense and the Contract cancelled or (2) the City may require the awarded Bidder to replace the materials at the awarded Bidder’s expense.

1.35 TOXIC SUBSTANCES/FEDERAL "RIGHT TO KNOW" REGULATIONS

The Federal "Right to Know" Regulation implemented by the Occupational Safety and Health Administration (OSHA) requires employers to inform their employees of any toxic substances to which they may be exposed in the workplace, and to provide training in safe handling practices and emergency procedures. It also requires notification to local fire departments of the location and characteristics of all toxic substances regularly present in the workplace.

Accordingly, the awarded Bidder performing under this Contract is required to provide two (2) complete sets of Material Safety Data Sheets to the City for any products that are subject to these regulations. This information shall be provided at the time when the initial delivery is made, on a product-by-product basis.

END OF SECTION 1

ITB No. 2027-006

SECTION 2

SCOPE OF WORK / SCOPE OF SERVICES

2.1 SCOPE

The City of Delray Beach, through its Parks and Recreation Department, seeks a qualified firm to provide landscape maintenance services along SW 12th Avenue (begins at 30 SW 12th Ave. and ends at intersection of SW 12th Ave. and SW 3rd St.) in Delray Beach, FL. The services include weeding, edging, shrub trimming, tree pruning, chemical weed control of landscape nodes located on the east and west side of SW 12th Avenue, litter abatement of all areas five (5) days per week; Monday – Friday by 11:00 a.m., trimming of shrubs and trees, and weed and vine removal. No mowing is required in this contract.

The awarded Bidder (hereinafter in this Scope of Services referred to as Vendor) shall provide all labor, materials, facilities, equipment, supplies, and travel necessary to perform the work.

MINIMUM REQUIREMENTS

Vendor shall provide the following services:

Maintain twenty-nine (29) landscape nodes along the east and west side of SW 12th Avenue. The contractor will provide weed control (2) times per month, litter abatement, mulching (3) times per year, fertilization (3) times per year, shrubs trimmed once per month. Trees shall be trimmed to provide clearance of no less than (10) feet from the ground and keep the sidewalks clear.

All litter and debris must be removed five (5) days per week, Monday – Friday before 11:00 a.m.

Chemical Pest Control Shrub, tree, groundcover insect control shall be for specific insects identified as problematic and treated as needed upon City authorization. Examples of specific insects to be controlled include aphids, scales and fireants.

Disease control in turf and shrub areas will be by identification and diagnosis and application of appropriate fungicide or bactericide as needed upon written or verbal authorization of the City.

All work involving the use of chemicals shall be in compliance with all Federal, State and local laws and will be accomplished by or under the direction of a Florida Certified Pesticide Applicators’ license. Application shall be in strict accordance with all governing regulations.

A. Mulch Two inches of shredded non-cypress mulch (not red mulch) shall be added to planting beds three times a year in the months of April, August and December. A granular pre-emergent herbicide shall be applied to all shrub beds prior to the application of mulch. Beds will be clean of weeds when new mulch is applied.

B. Reports The Vendor shall provide a completed checklist to the Parks and Recreations Department after each maintenance operation. All maintenance operations and the date they were performed shall be noted, and any reports of damages shall be described. No payments will be made unless all reports are provided.

C. Payments

1. Invoices shall be submitted on a monthly basis for services performed. All areas shall be inspected upon receipt of invoice and any deficiencies shall be brought to the attention of the Vendor. Deficiencies shall be corrected or addressed prior to the submittal of invoice for payment. On-site inspections shall be made with a City Representative after the first month and at quarterly intervals.

2. Failure to respond to requests by City within twenty-four (24) hours due to inadequate maintenance procedures, litter, limbs and other debris not removed will result in $50.00 a day deduction from the following payment application.

3. Special attention will be given to specified areas prior to national holidays and special events to ensure that the City is at its best during these times.

Contractor will check the subject areas two (2) days prior to holiday and special events and verify that maintenance has been properly performed.

Chemical Edging Chemical application may be used to kill weeds in and around areas such as, areas adjacent to buildings, fence lines, trees, sprinkler heads, and cement medians (concrete divider isles). Priorto application of chemicals, for this purpose, all areas shall be trimmed. Chemicals shall be applied in a manner to limit drift.

Vendor is responsible for replacement of all damaged plants at his cost. If not complete within one week of notification, City may replace and deduct cost from the current month’s payment application.

D. Weed Control (The Vendor is responsible for keeping areas free of weeds at all times)

1. Weeds are to be completely removed from all turf, shrub, ground cover, flowerbed, tree ring and paver block areas during the contract period. Entire area under contract shall remain weed-free at all times using manual or chemical methods.

2. Weeds growing from curb joints or other concrete areas shall be chemically treated and removed after the herbicide has translocated to the roots if they are large enough to be a visual eyesore.

3. There shall be no run-off of chemicals into adjacent roadways, gutters, planting areas, or other hard surfaces.

4. Vendor may use contact herbicides for spot killing of weed.

E. Vine Control

1. Light poles, power poles, signs, and other such fixtures shall be kept free of vine growth at all times.

2. Chemical applications may be used to kill vines in and around all trees, palms, other plants, light poles, power poles, signs, and other fixtures. Chemicals shall be applied in such a way as to limit drift. Vendor is responsible for replacement of all damaged “non-target” plant material within one (1) week of City notification.

F. Pruning (General Pruning Operations)

1. Each tree and shrub shall be pruned, in accordance with ANSI A300 Pruning and ANSI Z133.1-2000 guidelines, to preserve the natural character of the plant in the manner fitting its use in the landscape design.

2. Pruning cuts shall be accomplished leaving no stub cuts, flush cuts, rips and tears, or straight cuts. Cuts shall be made back to a node or point of origin. All plant material removed during the pruning operation shall be cut off cleanly.

3. All dead, dying, broken, and/or diseased plant material shall be removed as needed, by thinning out and shortening branches. Branches that protrude over walkways, grow through fences and/or obscure roadway visibility shall be removed as needed, including root suckers and water sprouts.

4. Vendor shall not treat cut surfaces with commercial tree paint.

5. Site distance must be maintained at all times. Any plant material that obscures roadway and sidewalk visibility must be pruned within twenty-four (24) hours of notification at no additional cost to the City.

6. All walks, pavements, and roadways shall be swept or blown clean upon completion of the work. Under no circumstances is debris to go into roadways or walkways.

G. Pruning Tools and Equipment

1. All tools, equipment, and labor are to be furnished by the Vendor.

2. All tools are to be clean, sharp, and in good repair. Extra tools are to be on hand to supplement tools that become dull, break or may transmit disease.

Tools that cut, rip, or tear plant material will not be allowed.

3. Tools are to be appropriate to the pruning activity. Tools shall include but not be limited to hand pruners, loppers, handsaws, power hedge shears, and pole pruners.

4. Vendor to carry a disinfectant agent to disinfect tools so as not to infect healthy species with pathogens transmitted by infected tools. Tools are to be cleaned after pruning each individual tree or palm.

5. Tools and equipment are subject to inspection prior to and during a pruning activity. The City reserves the right to stop any activity that jeopardizes the health of the designated plant material.

H. Tree Maintenance

1. Trees are to be pruned once a month to control suckers or water sprouts and throughout the first year following installation in order to establish proper structure; thereafter, only corrective pruning, as needed, for damaged, dead, or crossing branches, obstruction or aesthetics is needed. Trees must be trimmed to provide clearance of no less than ten (10) feet at all times.

2. Accent trees shall be pruned by thinning to maintain shape of tree every other month.

3. Flowering trees are to be pruned only after their bloom cycles are complete.

I. Palm Maintenance

1. Vendor shall remove and dispose of the following off-site: all inflorescences, dead or damaged fronds, invading vines and weeds in boots or on trunk. Frond boots are to be removed consistent with previous pruning cuts to ensure uniformity in appearance. Unless specifically authorized by the City, removals shall not exceed 9 to 3. This is to be performed for all palms throughout the contract area. Timing for inflorescence removal will vary by species as some will require year-round removals and others will be seasonal. Service will be billed monthly for inflorescence removal, as needed.

2. All debris, limbs and fronds will be picked up the same day of pruning. Failure to pick up debris will result in a $50.00 per day fault fee for as long as debris remains.

J. Litter and Debris Control

1. Litter removal shall apply to ALL areas including, but not limited to: turf areas, plant beds, hardscape maintenance areas, paver blocks and dyed/ decorative concrete walks. Litter removal is required five (5) days a week, Monday thru Friday. Litter and debris control to be completed prior to eleven o’clock (11:00 am ET).

2. Litter and debris shall be completely removed off site from all contract areas as a regular requirement of debris control on a daily basis and disposed of in accordance with City ordinances. Litter and debris may not be stored on site.

3. Litter to be removed includes but is not limited to paper, glass, trash, undesirable material, dead animals, cigarette butts, dead vegetation or debris (unauthorized paper signs), etc. deposited or blown onto the sites. Palm fronds, tree limbs and leaves shall also be removed.

4. Litter removal from turf areas and plant beds and designated R.O.W. areas shall be complete prior to each mowing operation in the same day, and shall be done five (5) days a week – Monday through Friday. Clean-up must be completed BEFORE 11:00 A.M.

K. Irrigation Irrigation systems will be checked upon each trimming cycle to ensure no damage to heads or valves. Any heads or valves damaged by Vendor in the act of trimming will be replaced by Vendor at no cost to the City.

All systems shall be inspected weekly by City personnel. Cost of replacement will be charged to Vendor and performed by the City irrigation maintenance crews.

L. General Use of Chemicals

1. All work involving the use of chemicals shall be in compliance with all Federal, State and local laws and will be accomplished by or under the direction of a Florida Certified Pesticide Applicators’ license. Application shall be in strict accordance with all governing regulations.

2. A listing of proposed chemicals to include commercial name, application rates and type of usage shall be submitted to the Project Manager for approval at the beginning of the Contract. All proposed chemicals shall be approved by Florida Department of Agriculture. No work shall begin until written approval of use is obtained from the City of Delray Beach.

3. Chemicals shall only be applied by or under the supervision of those persons possessing a valid Florida Certified Pesticide Applicators’ license. Applications shall be in strict accordance with all governing regulations.

4. Records must be kept and retained as prescribed by law for the use of pesticides of all operations stating dates, times, methods of applications, chemical formulations, applicator’s names and weather conditions. A copy shall be given to the City each billing.

5. Chemicals shall be applied when air currents are still and using methods preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in or near the subject area.

6. Any soil, sod, or plants contaminated by misuse of chemicals on the sites will be removed and replaced at cost to the Vendor.

M. Replacements

City shall replace any landscape, irrigation, or structures damaged by maintenance operations or as a result of Vendor’s neglect in performance. City reserves the right to assess costs to Vendor. Vendor will be notified prior to replacement of repair by City designee.

N. Damages Damage to landscape material for any reason shall be immediately corrected by Vendor. This includes up-righting and staking any fallen or leaning trees and palms; removal of dead or damaged material; and minor grading and replacement of sod displaced by vehicles. Any pits left from tree removal shall be filled with good soil and sod to match existing grade. Vendor must contact City designee within 24 hours of such repairs.

O. General

1. Vendor shall be capable of being contacted via Vendor’s office and/or cellular phone numbers during the hours of 7:00 a.m. – 5:00 p.m., Monday through Sunday. Contact must be available during regular work hours, after-hours, weekends and holidays.

2. All phone calls from City employees must be returned within four (4) hours.

3. Based on the aforementioned, Vendor must submit with his/her bid proposal the name, address, email, office phone number, cellular number(s) of all persons to be contacted for coordination of service.

4. No maintenance shall be performed on weekends or during holidays unless requested in writing and approved by the City.

5. Work shall be performed between the hours of 8:00 a.m. and 4:00 p.m.

6. Additional Work

7. Plant and Tree Installation: Vendor will supply labor for installation of shrubs and trees as needed. Labor will be priced at an hourly rate per laborer.

8. Fertilizing: Vendor will supply labor for additional fertilizing if needed. Labor will be priced on an hourly basis per laborer required.

9. Additional Pest Control: Price per fifty (50) gallons of insecticide or fifty (50) pounds of granular insecticide as needed per application.

10. Fire Ant Control: Vendor will provide on an as needed basis with the use of Amdro or other insecticide labeled for fire and control.

11.

12. Fertilizer and Insecticide Schedule

13. Vendor shall apply Diazanon insecticide twice a year for the treatment of mole crickets and army worms.

14. Shade/Accent Trees – Vendor shall fertilize the subject areas twice a year with LESCO 14-14-

14 with micronutrients, or a City-approved equal.

15. Shrubs – Vendor shall fertilize the subject areas three times a year, in March, July, and October with LESCO 10-10-10 with micronutrients, or a City-approved equal.

16. Shade Trees - Trees contained within shrub beds will receive fertilizer along with shrubs.

However, others shall be fertilized in March and September with an 8-10-10 or 8-2-12.

17. Palm Tree Fertilization: are contained within shrub beds that will receive fertilizer.

18. Shrub and groundcover fertilization shall be fertilized in April and September with 8-8-8 with microelements at the rate of ¾ pound of fertilizer per 100 sq. ft. of shrub area.

19. Vendor shall present to the City all SDS forms before any fertilization or chemical treatments is performed.

P. Moving

No mowing is required in this contract.

END OF SECTION 2

SECTION 3

EXHIBITS

EXHIBIT A

Application Schedule for Shade Trees, Palm Trees, and Shrubs

Shade Tree Fertilization (8-10-10 w/minors or 8-2-12)

Jan Feb Mar Apr May Jun July Aug Sept Oct Nov Dec TOTAL

■ ■ 2

Palm Tree Fertilization (Lesco 13-13-13 w/minors)

■ 1

Palm Tree Fertilization (12-2-14)

Mg and Mn Sulfate

■ 1

Shrub Fertilization (8-8-8 w/minors)

Exhibit B Equipment List

1. Provide a list of equipment that Bidder owns that is available for the work under this ITB.

Include the following information for each:

a. Description/Type of Equipment:

b. Manufacturer:

c. Model:

2. Provide a list of equipment Bidder propose to purchase or lease for the work under this ITB.

Include the following for each:

a. Description/Type of Equipment:

b. Manufacturer:

c. Model:

Exhibit C Map

Starting at first node on Atlantic Ave and ending at nodes on SW 12th Ave. and SW 3rd St

END OF SECTION 3

SECTION 4

BID SUBMITTAL SIGNATURE PAGE

This Page and all following pages comprise your original Bid Submittal package.

Please also attach any additional information or documentation requested in this Invitation to Bid.

There is no need to include the preceding Sections 1 and 2 in your Bid Submittal package.

By signing this Bid the Bidder certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions.

Firm Name: ____________________________________________________________________

Street Address: _________________________________________________________________

Mailing Address (if different than Street Address):

Telephone Number(s): _________________________________________

Fax Number(s): _______________________________________________

Email Address: ________________________________________________

Federal Employer Identification Number: _____________________________________________

Signature: _____________________________________________________________________ (Signature of authorized agent)

Print Name: ___________________________________________

Title: _________________________________________________

By signing this document, the Bidder agrees to all Terms and Conditions of this Solicitation and the resulting Contract/Agreement.

THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE BOUND BY THE TERMS OF ITS OFFER, FOR NOT LESS THAN 120 DAYS, AND THE BIDDER’S UNEQUIVOCAL OFFER TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS INVITATION TO BID.