2007-110 Mowing & Landscape Maintenance Agreement•
RESOLUTION 2007-110
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA ACCEPTING THE PROPOSAL
SUBMITTED BY TOTAL MAINTENANCE BUILDING SERVICES, INC.
FOR MOWING AND LANDSCAPE MAINTENANCE OF VILLAGE
PROPERTIES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK
TO EXECUTE AN AGREEMENT RELATING TO SUCH SERVICES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 31, 2007, the Village advertised a Request for Proposals ("RFP") for
Mowing and Landscape Maintenance of Village Properties; and
WHEREAS, the Village received nine proposals and each proposal was evaluated by members
of Village Administration based on fmancial responsibility of the respondent, proven skill and
experience, ability to perform the contract in a timely manner, previous satisfactory performance
and other factors; and
WHEREAS, the Village Council wishes to accept the proposal deemed most advantageous to,
and in the best interests of, the Village and residents.
•
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby accepts the proposal submitted by Total Maintenance
Building Services, Inc. in an amount not to exceed $111,192.50, with funds to be expended from
Village Account # A7321 (Street Maintenance Department).
Section 3. The Village Council further authorizes the Mayor and Village Clerk to execute an
Agreement with the successful respondent, a copy of which is attached hereto as Exhibit "A" and
incorporated herein by reference.
Section 4. This resolution shall take effect immediately upon adoption.
•
PASSED AND ADOPTED THIS 13th DAY OF
(Village~Seal)
--A~'TEST:
VILL GE CLE
CONTRACT FOR MOWING AND LANDSCAPE MAINTENANCE SERVICES
FOR THE VILLAGE OF NORTH PALM BEACH
This Contract is made as of the /3 day of fi~2007, by and between the
VII,LAGE OF NORTH PALM BEACH, a municipal corporation organized and existing under the laws of
the State of Florida, by and through its Village Council, hereinafter referred to as the VILLAGE, and TOTAL
MAIN"I'ENANCE BUILDING SERVICES, INC., a corporation authorized to do business in the State of
Florida, hereinafter referred to as the CONTRACTOR, whose Federal LD. is 65-042-8580.
In consideration of the promises and mutual covenants herein contained, it is hereby agreed that the
CONTRACTOR shall provide to the VILLAGE all work necessary for the mowing and landscape
maintenance of VILLAGE properties pursuant to the terms and conditions of this Contract.
SECTION I: GOODS AND SERVICES OF THE CONTRACTOR.
A. The CONTRACTOR shall provide all goods and services necessary for the mowing and landscape
maintenance of VILLAGE properties as required under the VILLAGE's Request for Proposal and the
CONTRACTOR'S proposal thereto, which are attached hereto and incorporated herein by reference and to
that degree of caze and skill ordinarily exercised, under similar circumstances, by reputable members of its
profession practicing in the same or similar locality at the time the services aze provided.
B. The goods and services to be provided by the CONTRACTOR shall be commenced subsequent to the
execution and approval of this Contract and upon written notice from the VILLAGE to proceed.
SECTION 2: TERM OF CONTRACT.
A. This Contract shall be for an initial term of three (3) years from the date first written above unless
earlier terminated in accordance with the terms and conditions stated herein. The initial term of this
Contract shall automatically extend For an additional two (2) years unless either party notifies the other
party at least ninety (90) days prior to the end of the initial term that it does not desire to have the
Contract automatically extend for another two (2) years.
B. The CONTRACTOR shall not be entitled to an increase in the agreed to compensation in this Contract
or payment or compensation of any kind from the VILLAGE for duect, indirect, consequential, impact or
other costs, expenses or damages.
SECTION 3: VILLAGE'S REPRESENTATNE. Unless otherwise specified by the VILLAGE, the
VILLAGE'S representative shall be Wiley Livingston, Director of Public Works. The Village Manager or
Village Representative shall have the right at all reasonable times during the term of this Contract to
inspect or otherwise evaluate the work being performed thereunder and the premises in which it is being
performed.
SECTION 4: COMPENSATION AND METHOD OF PAYMENT
A. The VILLAGE agrees to compensate the CONTRACTOR in accordance with CONTRACTOR'S
proposal attached hereto and incorporated by reference herein. The total and cumulative amount of this
Contract shall not exceed the amount stated in CONTRACTOR'S proposal.
B. In order for both parties herein to close their books and records, CONTRACTOR will clearly state
"final invoice" on the CONTRACTOR'S finaUlast billing to the VII,LAGE. This certifies that all goods
and services have been properly performed and all charges have been invoiced to the VILLAGE. Since
this account will thereupon be closed, any and other further charges if not properly included in this final
invoice are waived by the CONTRACTOR. The VILLAGE will not be liable for any invoice from the
CONTRACTOR submitted thirty (30) days after the provision of all goods and services.
SECTION 5: INDEMNIFICATION.
A. The CONTRACTOR shall indemnify and save harmless and defend the VILLAGE,, its agents,
servants, and employees from and against any and all claims, liability, losses, and/or cause of action
which may arise from any negligent act or omission of the CONTRACTOR, its agents, servants, or
employees in the performance of services under this Contract.
B. The CONTRACTOR further agrees to indemnify, save harmless and defend the VILLAGE, its agents,
servants and employees from and against any claim, demand or cause of action of whatsoever kind or
nature arising out of any conduct or misconduct of the CONTRACTOR its agents, servants, or employees
not included in the paragraph above and for which the VILLAGE, its agents, servants or employees are
alleged to be liable.
C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in
favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract be
construed a waiver of sovereign immunity beyond the waiver provided in § 768.28, Florida Statutes.
SECTION 6: PERSONNEL.
A. The CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel,
required to perform the services under this Contract.
B. All of the services required hereunder shall be performed by the CONTRACTOR or under its
supervision, and all personnel engaged in performing the services shall be fully qualified and, if required,
authorized or permitted under state and local law to perform such services.
C. All of the CONTRACTOR'S personnel (and all sub-contractors) while on VILLAGE premises, will
comply with all VILLAGE requirements governing conduct, safety, and security.
SECTION 7: TERMINATION.
This Contract may be cancelled by the CONTRACTOR upon thirty (30) days prior written notice to the
VILLAGE'S representative in the event of substantial failure by the VILLAGE to perform in accordance
with the terms of this Contract through no fault of the CONTRACTOR. It may also be terminated, in
whole or in part, by the VILLAGE without cause upon thirty (30) days written notice to the
CONTRACTOR. The VILLAGE may also terminate this Contract with written notice of cause to the
CONTRACTOR, who fails to cure such cause within ten (10) days of the receipt of the VILLAGE'S
notice. Unless the CONTRACTOR is in breach of this Contract, the CONTRACTOR shall be paid for
services rendered to the VILLAGE'S satisfaction through the date of termination. After receipt of a
Termination Notice and except as otherwise directed by the VILLAGE, the CONTRACTOR shall:
A. Stop work on the date and to the extent specified;
B. Terminate and settle all orders and subcontracts relating to the performance of the terminated
work;
C. Transfer all work in progress, completed work, and other materials related to the terminated work
to the VII,LAGE; and
D. Continue and complete all parts of the work that have not been terminated.
SECTION 8: FEDERAL AND STATE TAX. The VILLAGE is exempt from payment of Florida State
Sales and Use Tax. Unless purchased directly by the VILLAGE, the CONTRACTOR shall not be
exempted from paying sales tax to its suppliers for materials used to fill contractual obligations with the
VILLAGE, nor is the CONTRACTOR authorized to use the VILLAGE'S Tax Exemption Number in
securing such materials.
SECTION 9: INSURANCE.
A. Prior to commencing any work, the CONTRACTOR shall provide certificates evidencing insurance
coverage as required hereunder. All insurance policies shall be issued by companies authorized to do
business under the laws of the State of Florida. The Certificates shall clearly indicate that the
CONTRACTOR has obtained insurance of the type, amount, and classification as required for strict
compliance with this Section and that no material change or cancellation of the insurance shall be
effective without thirty (30) days' prior written notice to the VILLAGE'S representative. Failure to
comply with the foregoing requirements shall not relieve the CONTRACTOR of its liability and
obligations under this Contract.
B. The CONTRACTOR shall maintain, during the life of this Contract, commercial general liability,
including contractual liability insurance in the amount of $500,000 per occurrence or $1,000,000 in
aggregate to protect the CONTRACTOR from claims for damages For bodily and personal injury,
including wrongful death, as well as from claims of property damages which may arise from any
operations under this Contract, whether such operations be by the CONTRACTOR or by anyone directly
employed by or contracting with the CONTRACTOR.
C. The CONTRACTOR shall maintain, during the life of this Contract, comprehensive automobile
liability insurance in the minimum amount of $500,000 combined single limit for bodily injury and
property damages liability to protect the CONTRACTOR from claims for damages for bodily and
personal injury, including death, as well as from claims for property damage, which may arise from the
ownership, use, or maintenance of owned and non-owned automobiles, including rented automobiles
whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the
CONTRACTOR.
D. The parties to this Contract shall carry Workers' Compensation Insurance and Employer's
Liability Insurance for all employees as required by Florida Statutes. In the event that a party does not
carry Workers' Compensation Insurance and chooses not to obtain same, then such party shall in
accordance with Section 440.05, Florida Statutes, apply for and obtain an exemption authorized by the
Department of Insurance and shall provide a copy of such exemption to the VILLAGE.
E. All insurance, other than Worker's Compensation, to be maintained by the CONTRACTOR shall
specifically include the VILLAGE as an Additional Insured.
SECTION 10: SUCCESSORS AND ASSIGNS. The VILLAGE and the CONTRACTOR each binds
itself and its partners, successors, executors, administrators, and assigns to the other party of this Contract
and to the partners, successors, executors, administrators and assigns of such other party, in respect to all
covenants of this Contract. Except as above, neither the VILLAGE nor the CONTRACTOR shall assign,
sublet, convey or transfer its interest in this Contract without the written consent of the other. Nothing
herein shall be construed as creating any personal liability on the part of any officer or agent of the
VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or benefits
hereunder to anyone other than the VILLAGE and the CONTRACTOR.
SECTION 11: DISPUTE RESOLUTION, LAW, VENUE AND REMEDIES
This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to
enforce the Contract will be held in Pahn Beach County. No remedy herein conferred upon any party is
intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and
shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity
or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy
hereunder shall preclude any other or further exercise thereof.
SECTION 12: INDEPENDENT CONTRACTOR RELATIONSHIP. The CONTRACTOR is, and shall
be, in the performance of all Services under this Contract, an Independent CONTRACTOR, and not an
employee, agent, or servant of the VILLAGE. All persons engaged in any of the Services performed
pursuant to this Contract shall at all times, and in all places, be subject to the CONTRACTOR'S sole
direction, supervision, and control. The CONTRACTOR shall exercise control over the means and
manner in which it and its employees perform the Services.
SECTION 13: ACCESS AND AUDITS. The CONTRACTOR shall maintain adequate records to
justify all charges, expenses, and costs incurred in estimating and performing the Services for at least
three (3) years after completion of this Contract. The VILLAGE shall have access to such books, records,
and documents as required in this section for the purpose of inspection or audit during normal business
hours, at the CONTRACTOR's place of business. In no circumstances will CONTRACTOR be required
to disclose any confidential or proprietary information regarding its products and service costs.
SECTION 14: NONDISCRIMINATION. The CONTRACTOR warrants and represents that all of its
employees are treated equally during employment without regard to race, color, religion, disability, sex,
age, national origin, ancestry, marital status, or sexual orientation.
SECTION 15: ENFORCEMENT COSTS. If any legal action or other proceeding is brought for the
enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in
connection with any provisions of this Contract, the successful or prevailing party or parties shall be
entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not
taxable as court awazded costs (including, without limitation, all such fees, costs and expenses incident to
appeals), incurred in that action or proceeding, in addition to any other relief to which such party or
parties may be entitled.
SECTION 16: SEVERABILITY. If any term or provision of this Contract, or the application thereof to
any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this
Contract, or the application of such terms or provision, to persons or circumstances other than those as to
which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this
Contract shall be deemed valid and enforceable to the extent permitted by law.
SECTION 17: MODIFICATIONS OF WORK.
A. The VILLAGE reserves the right to make changes in the work, including alterations, reductions
therein or additions thereto. Upon receipt by the CONTRACTOR of the VILLAGE'S notification of a
contemplated change, the CONTRACTOR shall, in writing: (1) provide a detailed estimate for the
increase or decrease in cost due to the contemplated change, (2) notify the VILLAGE of any estimated
change in the completion date, and (3) advise the VILLAGE if the contemplated change shall effect the
CONTRACTOR'S ability to meet the completion dates or schedules of this Contract.
B. If the VILLAGE so instructs in writing, the CONTRACTOR shall suspend work on that portion of the
work affected by the contemplated change, pending the VILLAGE'S decision to proceed with the change.
C. If the VII,LAGE elects to make the change, the VILLAGE shall initiate a Contract Amendment and
the CONTRACTOR shall not commence work on any such change until such written amendment is
signed by the CONTRACTOR and approved and executed by the Village of North Palm Beach.
SECTION 18: PUBLIC ENTITY CRIMES. CONTRACTOR acknowledges and agrees that a person or
affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity;
may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of
a public building or public work; may not submit bids, proposals, or replies on leases of real property to a
public entity; may not be awarded or perform work as a contractor, supplier, sub-contractor, or
CONTRACTOR under a contract with any public entity; and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017, Florida Statues, for CATEGORY
TWO for a period of 36 months following the date of being placed on the convicted vendor list. The
CONTRACTOR will advise the VILLAGE immediately if it becomes aware of any violation of this
statute.
SECTION 19: PROTECTION OF WORK AND PROPERTY
A. The CONTRACTOR shall continuously maintain adequate protection of all work from damage, and
shall protect the VII,LAGE's property from injury or loss arising in connection with the Contract. Except
for any such damage, injury, or loss, except that which may be directly due to errors caused by the
VILLAGE or employees of the VILLAGE, the CONTRACTOR shall provide any necessary materials to
maintain such protection.
B. Until acceptance of the work by the VILLAGE, the VILLAGE'S property shall be under the charge
and care of the CONTRACTOR and the CONTRACTOR shall take every necessary precaution against
injury or damage to the work by the action of elements or from any other cause whatsoever, and the
CONTRACTOR shall repair, restore and make good, without additional work occasioned by any of the
above causes before its completion and acceptance.
C. The CONTRACTOR will also take every necessary precaution to enswe the safety of the VILLAGE,
public and other guests and invitees thereof at or near the areas where work is being accomplished during
and throughout the completion of all work.
SECTION 20: WARRANTY/GUARANTY. CONTRACTOR wan•ants that its goods and services
under this Contract will be free of defects in materials and workmanship for a period of one year
following the provision of said goods and services.
SECTION 21: COMPLIANCE WITH LAWS. CONTRACTOR shall, in performing the services
contemplated by this Contract, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that aze applicable to the services to be rendered under this Contract.
SECTION 21: NOTICE. All notices required in this Contract shall be sent by certified mail, return
receipt requested, and if sent to the VILLAGE shall be mailed to:
Village of North Palm Beach
Attn: Jimmy Knight, Village Manager
Village Hall
501 US Highway 1
North Palm Beach, FL 33408
and if sent to the CONTRACTOR shall be mailed to:
Total Maintenance Building Services, Inc.
Attn: Edward Galbraith
P.O. Box 31962
Palm Beach Gardens, FL 33420
The foregoing names and addresses may be changed if such change is provided in writing to the other
party.
SECTION 22: ENTIRETY OF CONTRACTUAL AGREEMENT. The VILLAGE and the
CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that
there are no promises or understandings other than those stated herein. None of the provisions, terms and
conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except
by written instrument executed by the parties hereto. In the event of a conflict between this Contract and
the VILLAGE'S Request for Proposal and the CONTRACTOR'S proposal, this Contract shall take
precedence with the VILLAGE'S Request for Proposal taking precedence over the CONTRACTOR'S
proposal. All such documents shall be read in a manner so as to avoid a conflict.
SECTION 23: WAIVER. Failure of a party to enforce or exercise any of its right(s) under this Contract
shall not be deemed a waiver of that parties' right to enforce or exercise said right(s) at any time
thereafter.
SECTION 24: PREPARATION. This Contract shall not be construed more strongly against either party
regardless of who was more responsible for its preparation.
SECTION 25: SURVIVABILITY. Any provision of this Contract which is of a continuing nature or
imposes an obligation which extends beyond the term of this Contract shall survive its expiration or
earlier termination.
SECTION 26: WAIVER OF SUBROGATION. CONTRACTOR hereby waives any and all rights to
Subrogation against the VILLAGE, its officers, employees and agents for each required policy. When
required by the insurer, or should a policy condition not permit an insured to enter into apre-loss
agreement to waive subrogation without an endorsement, then CONTRACTOR shall agree to notify the
insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against
Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a
condition to the policy specifically prohibits such an endorsement, or voids coverage should
CONTRACTOR enter into such an agreement on a pre-loss basis.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this
Contract as of the day and year first above written.
CONTRACTOR:
TOTAL INTENAN DING SERVICES, INC.
BY: ~ , / ~}
Print Name: ~,Q~~~ V, t7,Q.~/~gj~~i
Position: /'',oE"sip~.~~
VILLAGE:
VILLAGE O ORTH P~A/L~JM BEACH, FLORIDA
BY: ®'// '
ED ARD M. EI EY, MA OR
ATTEST': ,
BY: i!~~~~CL
MELISSA TEAL, VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY: ~ O
VILLAGE ATTORNEY
TOTAL
MAINTENANCE
BUILDING SERVICES, INC.
November 28, 2007
Village of North Palm Beach
Attn: Mr. Jimmy Knight
501 U.S. Highway 1
North Palm Beach, FL 33408
Re: RFP, Landscape Maintenance Services
Dear Mr. Knight;
• Landscape Maintenance
• Janitorial Maintenance
• Lawn & Ornamental
Fertilization & Pest Contol
• Irrigation Maintenance
• Landscape Installation
• Power Sweeping
• Seasonal Decorating
We would like to take this opportunity to introduce TOTAL MAINTENANCE BUILDING SERVICES, Inc.
Our minority owned company has been doing business in Palm Beach County since 1982. Our area of
coverage now includes five counties, from Indian River to Broward.
At TOTAL MAINTENANCE, we believe that through the packaging of a facility's maintenance contracts, a
single vendor can alleviate some of the problems of the day to day management. To that end, our list of
services has grown to include lawn maintenance, ianitorial, irrigation maintenance and installation, full
service landscaping and design, as well as lawn and ornamental pest control and fertilization, and interior
Ip ants. TOTAL MAINTENANCE has also recently launched a trash hauling division to further
accommodate our customer needs. We also offer both skilled maintenance and day porter services to our
current customers.
Our staff has grown to exceed 125 full and part time employees. Our corporate offices and maintenance
facility is located in the heart of Palm Beach Gardens, FL.
We appreciate the invitation to bid and are available to provide any further information you might need in
order to make your decision.
Sincere
Edward J. Ibraith
TOTAL M INTENANCE BUILDING SERVICES, INC.
10357 IRONWOOD ROAD • P.O. BOX 31962 • PALM BEACH GARDENS, FL 33420
PHONE: (561) 844 -2744 FAX: (561) 624 -4760 E -MAIL: TMBS@GATE.NET
ADVERTISEMENT
Sealed proposals will be received by the Village of North Palm Beach, Florida, at the Village
Manager's office, Village Hall, North Palm Beach, Florida, until:
3:00 P.M. November 28, 2007
Time Date
at which time they will be opened and read in public in the Village Hall conference room.
Such proposals to provide for the furnishing of:
Mowing and Landscape Maintenance of Village Properties
The resulting contract shall be awarded to the responsible proposer that best meets the needs of
the Village, taking into consideration, among other things, the financial responsibility of the
proposer, proven skill and experience, ability to timely perform the contract, previous
satisfactory performance and such other abilities of the proposer that the Village, in its sole
discretion, determines will enable the proposer to perform effectively and efficiently the contract
being proposed upon.
The envelope containing the proposal shall be marked as follows:
SEALED BID Mowing and Landscape Maintenance of Village Properties
VENDOR'SNAME 0-141+ l7t!}iutEH In<t I��tl pin fie. ic> %+�
TO BE OPENED 3:00 P.M. November 28, 2007
Time Date
No proposer may withdraw his or her proposal for a period of sixty (60) days after submission by
the date set for the opening thereof. The Village reserves the right to reject any or all proposals
and to waive any technicality or informality in any proposal.
The complete Request for Proposals including specifications and proposal forms may be
obtained by bona fide proposers upon application at the office of the Village Public Works
Director, 501 U.S. Highway 1, North Palm Beach, FL 33408 -4906 or from the Village website
at: www.village =n npb.org.
PUBLISH: PALM BEACH POST
DATE: ASAP
THE VILLAGE OF NORTH PALM BEACH
Jimmy Knight, Village Manager
Page: 2
REQUEST FOR PROPOSALS
FOR
MOWING AND LANDSCAPE MAINTENANCE OF VILLAGE
1. REQUEST FOR PROPOSALS: The Village of North Palm Beach, Florida, a Florida
municipal corporation in Palm Beach County ( "Village "), is accepting sealed proposals for
Mowing and Landscape Maintenance of Village Properties (as more fully described herein) until
3:00pm, local time, on November 28, 2007, at the Village Manager's office, Village Hall, 501
U.S. Highway 1, North Palm Beach, FL 33408. Proposals received after the aforementioned
date and time will be returned unopened.
2. PRE- PROPOSAL MEETING: A mandatory pre - proposal meeting is scheduled for
Palm Beach, FL 33408 on November 14 2007. Failure to attend the mandatory pre - proposal
meeting may result in the rejection of your proposal.
3. PREPARATION OF PROPOSAL: This Request for Proposals ( "RFP ") provides the
complete set of terms and conditions, specifications and proposal forms for the required services.
The following documents are attached hereto and incorporated herein by reference.
Scope of Work
Public Entity Crimes Statement
Proposer's Acknowledgement
Proposal Form and Unit Prices
Drug Free Workplace
Standard Village Contract
Exhibit "A"
Exhibit `B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
Exhibit "F"
This RFP is available for review and printing from the Village's web site: village - npb.org.
All proposal forms must be completed in full and include a manual signature, in ink,
where applicable. The signature must be of an authorized representative who has the legal
ability to bind the proposing entity in contractual obligations. Unsigned proposals will not be
accepted.
All proposals forms must be Typed or legibly printed in ink. Use of erasable ink is not
permitted. All corrections made by a proposer to any part of a proposal form must be initialed in
ink. The Village requests one (1) copy of the completed proposal in an electronic ".PDF" -file
format. It is a proposer's sole responsibility to assure that his/her proposal is complete and
delivered at the proper time and place of the proposal opening. The Village will not be
responsible for any expenses incurred in connection with the preparation and /or delivery of a
proposal.
An original of all proposal forms and (2) copies along the other required information (as
stated in Section 10 below) must be submitted in a sealed envelope to the address provided above
via hand - delivery or mail. Faxed or emailed proposals are not acceptable. The face of the sealed
Page: 3
envelope shall state "SEALED PROPOSAL" and contain the proposer's name, return address,
title of the proposal, and the date and time for proposal opening. Proposals not submitted in a
sealed envelope or on the enclosed proposal forms may be rejected.
Jorge Santos at (561) 691 -3440 is available to answer any non - technical questions
regarding this RFP. Any technical questions regarding this RFP should be submitted in writing
to Wiley Livingston, 645 Prosperity Farms Road, North Palm Beach, FL 33408 for review
and response. If any technical question requires a response which the Village, in its sole
discretion, determines should be provided to all potential proposers, the Village will issue an
official addendum to this RFP. The Village will endeavor to make sure all potential proposers
receive such addendum by posting the addendum on the Village's website for the respective
proposal solicitation; however, it is the sole responsibility of every proposer to verify with the
Village whether any addendum has been issued prior to submitting a proposal. The Village will
not issue an addendum five (5) days or less before proposal opening.
4. PROPOSAL EVALUATION AND AWARD: On the date and time specified in this
RFP, the Village will open and announce aloud all proposals received on time. The evaluation of
the proposals will occur soon thereafter. The proposal opening may be delayed if, at the sole
discretion of the Village, it is considered to be in the Village's best interests.
The Village Administration will evaluate the proposals in order to prepare a
recommendation to the Village Council for selection of the top - ranked proposer and award of a
resulting contract. Certain proposers may be selected to make a brief presentation and/or oral
interview to the Village Administration and /or Village Council. The selected proposer will be
chosen on the basis of the responsiveness of its proposal, interviews and oral presentations (if
required), and the results of the Village's research and investigation of the information in each
proposal. Upon selecting the successful proposer who will best serve the interests of the Village,
the Village will enter into a contract with that selected proposer. At a minimum, the resulting
contract will include the terms and conditions found in a standard Village contract, a copy of
which is attached hereto as Exhibit "F ", and incorporate the terms and conditions of this RFP and
the selected proposer's proposal.
The Village, in its sole discretion, reserves the right to waive all technicalities or
irregularities, to reject any or all proposals or any part of a proposal, to award to a single
proposer or to divide the award between proposers, and to re- solicit this RFP or any part
of this RFP. The Village further reserves the right, in its sole discretion, to award a
contract to the proposer (or proposers) whose proposal best serves the interests of the
Village.
5. INSURANCE REQUIREMENTS:
A. Prior to the approval of a resulting contract, the selected proposer shall provide to
the Village certificates evidencing insurance coverage in the minimum amounts as
required hereunder or as otherwise agreed to in the negotiated contract. All
insurance policies shall be issued by companies authorized to do business under
the laws of the State of Florida. The certificates shall clearly indicate that the
Page: 4
selected proposer has obtained insurance of the type, amount, and classification as
required for strict compliance with this Section and that no material change or
cancellation of the insurance shall be effective without thirty (30) days' prior
written notice to the Village. Failure to comply with the foregoing requirements
shall not relieve the selected proposer of its liability and obligations under a
resulting contract.
B. The selected proposer shall maintain, during the life of a resulting contract,
commercial general liability, including contractual liability insurance in the
amount of $500,000 per occurrence or $1,000,000 in aggregate to protect the
selected proposer from claims for damages for bodily and personal injury,
including wrongful death, as well as from claims of property damages which may
arise from any operations under a resulting contract, whether such operations be
performed by the selected proposer or by anyone directly employed by or
contracting with the selected proposer.
C. The selected proposer shall maintain, during the life of a resulting contract,
comprehensive automobile liability insurance in the minimum amount of
$500,000 combined single limit for bodily injury and property damages liability
to protect the selected proposer from claims for damages for bodily and personal
injury, including death, as well as from claims for property damage, which may
arise from the ownership, use, or maintenance of owned and non -owned
automobiles, including rented automobiles whether such operations be by the
selected proposer or by anyone directly or indirectly employed by the selected
proposer.
D. The parties to the resulting contract shall carry Workers' Compensation Insurance
and Employer's Liability Insurance for all employees as required by Florida
Statutes. In the event that a party does not carry Workers' Compensation
Insurance and chooses not to obtain same, then such party shall in accordance
with Section 440.05, Florida Statutes, apply for and obtain an exemption
authorized by the Department of Insurance and shall provide a copy of such
exemption to the other party.
E. All insurance, other than Worker's Compensation, to be maintained by the
selected proposer shall specifically include the Village as an Additional Insured.
6. REGULATIONS, PERMITS AND FEES: The selected proposer will be required to
obtain at its own expense all permits, inspections and /or licenses, if any, required to provide the
required services to the Village under this RFP. The Village will waive any and all permit and
inspection fees required to be obtained from the Village. The selected proposer must comply
with all applicable Federal, State and local laws and regulations.
7. PUBLIC ENTITY CRIMES: In accordance with section 287.133, Florida Statutes, any
person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or
Page: 5
services to a public entity; may not submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or public work; may not submit bids,
proposals, or replies on leases of real property to a public entity; may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity in excess of $25,000 for a period of
36 months following the date of being placed on the convicted vendor list.
Accordingly, if your proposal exceeds $25,000, a public entity crimes statement must be
completed and signed by an authorized representative and be included with your proposal. A
copy of the public entity crimes statement is attached to this RFP as Exhibit `B ".
8. PUBLIC RECORDS: Upon receipt, all proposals and information submitted with
each proposal become "public record" and shall be subject to public disclosure consistent with
Chapter119, Florida Statutes ( "Public Records Law "). In order to be exempt from disclosure,
proposers must invoke the specific exemptions to disclosure provided by law in their proposal by
providing the specific statutory authority for the claimed exemption, identifying the data or other
materials to be protected, and stating the reasons why such exclusion from public disclosure is
necessary.
9. PROPOSER'S CERTIFICATION: Each proposer submitting a proposal acknowledges,
agrees and certifies as follows:
A. The proposer and its proposal are subject to all terms and conditions specified
herein with no exceptions unless authorized in writing by the Village;
B. The proposal constitutes an offer to the Village which shall remain open,
irrevocable and unchanged for sixty (60) days after proposal opening;
C. The proposer has not given, offered nor intends to give or offer any economic
opportunity, future employment, favor or gratuity in any kind to any employee of
the Village in connection with this RFP;
D. The proposer has not divulged or discussed its proposal with other proposers;
E. The proposal is made based on independent determination of the proposer without
collusion with other proposers in an effort to restrict competition;
F. The proposer has not made any attempt to induce any potential proposer from
submitting or declining to submit a proposal in response to this RFP;
G. The proposer is financially solvent and sufficiently experienced and competent to
provide all goods and /or services required in this RFP;
H. The proposer shall indemnify, defend and hold harmless the Village, its officers,
employees and agents from any and all claims, damages, causes of action or
liability related to or arising from this RFP; and
Page: 6
All information provided in the proposal is true and correct in all respects.
If any proposer or its proposal fails to comply with the foregoing certifications, said failure will
include, but may not be limited to, grounds for rejecting that proposer's proposal.
10. PROPOSAL FORMAT AND REQUIREMENTS: Each proposal shall be submit in
a clear, concise format, on 8' /z X I1 paper. Each proposal set shall contain all information
requested herein to be considered for award. Omission of required information may be cause for
disqualification.
1. Cover Letter of Transmittal: The cover letter will summarize in a brief and
concise statement the proposer's qualifications, how it is organized, and its location
relative to the Village. Minimum qualifications should be stated and must include:
A. A statement that the proposer is licensed and qualified to provide all services
requested under this RFP and as stated in the proposal to complete the Project;
B. A statement that the proposer is able and will comply with all applicable laws,
rules, regulations and ordinances of the Village, Palm Beach County, the State of
Florida and the United States if selected by the Village Council; and
C. A statement that the proposer is able and will provide the required insurance as
stated herein if selected by the Village Council.
The Cover Letter should also identify the Project manager for the proposer. An official
authorized to bind the proposer and execute a contract must sign the letter of
transmittal.
The following proposal forms should be attached to the Cover Letter:
Public Entity Crimes Statement
Proposer's Acknowledgement
Proposal Form
Drug Free Workplace
2. Additional Information:
RFP Exhibit "B"
RFP Exhibit "C"
RFP Exhibit "D"
RFP Exhibit "E"
A. Proposer's References: The proposer shall submit a list of no more than six (6)
other municipalities, public entities or other entities to which the proposer has provided
similar services as those requested in this RFP. Proposer shall indicate a contact
person's name, address and telephone number for each reference, and a general
description of the services provided and the cost of such services.
B. Subcontractors: The proposer shall identify all subcontractors, if any, the
proposer plans to utilize in the provision of all services under this RFP.
Page: 7
C. Equipment: The proposer shall provide a list of equipment that is available to
perform the services included within the Scope of Services.
D. Conflict of Interest: The proposer shall disclose with their proposal the name(s)
of any officer, director, agent, or immediate family member (spouse, parent, sibling,
and child) who is also an employee or officer of the Village. Furthermore, all proposers
shall disclose the name of any Village employee or officer who, either directly or
indirectly, owns a material interest in the proposer's company, firm or group or in that
of any of its affiliates. If no such conflict of interests exists, the proposer should clearly
state this in its proposal.
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Page: 8
RFP EXHIBIT "A"
SCOPE OF WORK
I. SPECIFICATIONS
The following are the general specifications covering the mowing and maintenance of rights -of -way and
public grounds landscaping in the Village of North Palm Beach, including trees, shrubs, ground cover,
and turf areas. Unless specifically indicated otherwise, these general provisions shall apply.
The work outlined shall include, but not be limited to, the following maintenance tasks: mowing, edging,
pruning, weeding, mulching, fertilization, and pesticide/herbicide application.
Contractor agrees to furnish all supervision, labor, materials, supplies, and equipment as necessary to
properly maintain the work specified herein. Supervisory personnel used to oversee the required
maintenance shall have a minimum of five (5) years of experience in landscape maintenance.
Contractor shall implement turf management practices and horticultural practices as recommended by the
Institute of Food and Agricultural Services (IFAS), University of Florida, Gainesville, Florida, as found
in the flowing publication: "Florida Lawn Handbook " - current edition.
No activity shall be carried out in a manner that will disrupt, inconvenience or endanger any member of
the traveling public, either pedestrian or vehicular. Failure to follow mandated safety practices or
guidelines listed herein may result in termination for cause, at the Village's discretion.
The Contractor shall be responsible for restoration of any damages that occur as a result of its operations,
including but not limited to, plant loss due to improper maintenance procedures, improper herbicide or
pesticide use, improper trimming /pruning, improper equipment operation, pavement damage from loading
or unloading, fuel spills, insufficient or improper fertilization resulting in plant chlorosis, untreated
disease or pest problems, and injury to non - target plants and organisms.
At the end of each maintenance day, all walks, drives, road surfaces, and open space areas will be free of
any loose materials, trash, and debris.
All personnel shall be required to wear proper attire, which, as a minimum, shall include a standard shirt
carrying the company name and/or logo. All personnel shall present a good appearance and maintain a
professional code of conduct. All personnel shall wear a safety vest with reflective striping when
workine within the road right-of-way.
RIGHT -OF -WAY.
No storage or provision for storage shall be made on site for maintenance equipment or materials.
All vehicles shall be clearly identified with the company name and /or logo and present a good
appearance. Vehicles and equipment shall be parked within the Village right -of -way so as not to obstruct
or interfere with pedestrian or vehicular traffic.
All work, unless otherwise specified herein, shall be part of the total amount of the proposal.
Page: 9
SECTION ONE: TURFGRASS
A. MOWING
1. MOWING FREQUENCY: All turfgrass areas shall be mowed no less than every seven (7) days
when actively growing and approximately every other week when growing is reduced. One complete
year's schedule shall include a minimum of 41 cuts per fiscal year as generally outlined below:
Active Growth Period:
April- October (Weekly)
Reduced Growth Period:
November -March (Biweekly)
SAMPLE MOWING SCHEDULE INDICATING A 41 -CUT MOWING CYCLE PER FISCAL YEAR:
October'06(1,8,15,22,29)
5 cuts minimum
November'06 (12,26)
2 cuts minimum
December'06 (10,24)
2 cuts minimum
January '07 (7, 21)
2 cuts minimum
February '07 (4, 18)
2 cuts minimum
March '07 (4, 18)
2 cuts minimum
April '07 (1,8,15,22,29)
5 cuts minimum
May '07 (6,13,20,27)
4 cuts minimum
June '07 (3, 10,17,24)
4 cuts minimum
July '07 (1,8,15,22,29)
5 cuts minimum
August '07 (5,12,19,26)
4 cuts minimum
September'07 (2,9 16,23) 4 cuts minimum
41 Total Services Fiscal Year 07/08 Schedule
2. MOWING GENERAL:
A. Mowing times shall be between the hours of 8:00 am — 5:00 pm., Monday through
Saturday. No mowing shall occur on Sundays or on July 4th, Thanksgiving, Christmas Day, and New
Year's Day, unless prior approval has been secured from the Village.
B. Grass clipping shall be left on the turf areas provided there are no readily visible clumps
remaining. Clumps shall be removed from the lawn immediately after mowing.
C. Grass clippings or debris caused by mowing or trimming will be removed from adjacent
walks, drives, gutters, curbs, and other hardscape surfaces on the same day as mowed or trimmed.
D. All litter and debris, or items that may be propelled by mower blades MUST be removed
from the turf BEFORE mowing and moved from the job site. The collected debris shall not be discarded
into any landscape areas, including landscape beds, drainage structures, or paved surfaces and MUST be
removed from the site and disposed of properly by the Contractor. When performing maintenance within
road rights -of -way, all litter and debris must be picked up from curb to curb within rights -of -way.
E. Mowing heights are to be maintained at 3 "- 31/2" for both St. Augustine (Floratam) grass
and Bahia grass. The Village retains the option to adjust the mowing heights as necessary. Mower blades
shall be sharpened regularly to deliver a finished cut to leaf blades.
Page: 10
F. Mowing must be performed in a timely and systematic fashion in order to maintain the
integrity and appearance of the landscape design. Contractor shall alternate mowing patterns to avoid
mower wheel rut patterns, where the size of the mowing area permits.
G. Mowing must be performed carefully as not to "bark" trees or shrubs, intrude into
covered beds, DAMAGE SPRINKLER HEADS, valves, manifolds, time clocks, curbs, or other facilities.
B. EDGING:
"Edge" is defined as a sharp, distinct, visually discernable vertical line of sod at all junctions of turfgrass
and any other material such as concrete, asphalt or mulch.
1. EDGING FREOUENCY: Edging shall be done with every cut. Edging of clay jogging trails
shall be performed quarterly.
2. EDGING GENERAL:
A. Mechanically edge all turf edges abutting sidewalks, flush paved surfaces, including all
road curbs, drives, and similar surfaces.
B. Mechanically edge all landscaping bed /sod interfaces, including individual tree rings (18"
from outside of tree trunk, minimum).
C. A mechanical blade edger shall be used for all edging. Edging with string -type trimmers
is not permitted.
D. Dirt and debris produced by edging or trimming shall be removed and swept from
adjacent hard surfaces.
E. NO CHECMICAL EDGING SHALL BE PERMITTED
C. WEED CONTROL:
Weed control shall be performed in St. Augustine turfgrass and landscape beds. All impervious concrete
areas, such as bull nose medians, sidewalks, and curbs shall be maintained free of weeds.
1. WEED CONTROL FREQUENCY: Weed control shall be performed as often as necessary in
order to provide a weed -free area. In areas where weeds are already established, weed control shall be
performed as often as necessary so as to reduce and improve over time the amount of weeds so as to
establish a weed -free area.
2. WEED CONTROL GENERAL:
A. Weed control may be accomplished by using selective herbicides, both pre- emergent and
post emergent as needed. "Round -up" or other Village- approved sprays may be used to control weeds in
pavement areas. Pavement areas include sidewalks, driveways, curbs, roads, and any cracks within the
non - pervious material.
B. Manufacturer label rates, safety precautions and disposal directions shall be strictly
adhered to.
Page: 11
C. Applicators shall be licensed in accordance with State regulations.
D. Contractor shall submit to the Village Public Works Department, on the same day
chemicals are applied, the following information: identification of the chemical applied, pest controlled,
date of application, time, name of applicator, and method of application.
SECTION TWO: SHRUBS AND GROUNDCOVERS
A. PRUNING:
Shrubs within landscaping beds shall be maintained to provide maximum opaqueness.
1 PRUNING FREQUENCY: The schedule for performance of this work is to be determined by
the Contractor, with a frequency of no less than one time per month.
2. PRUNING GENERAL:
A. Pruning, trimming, and shaping landscaping material shall be performed so as to promote
vigorous growth and maintain an attractive shape consistent with the plant's natural character.
B. No pruning shall be permitted as to render the top of the foliage mass to be wider than the
base of the foliage.
C. Pruning shall be performed to leave hedges in a uniform horizontal height. The Village
shall establish heights of various planting areas.
D. NO chemical trimming or pruning shall be permitted under any circumstances!
E. All trimming and pruning debris shall be picked up and removed from the property on the
day of each trimming by the Contractor and at the Contractor's expense.
B. WEED CONTROL:
Weeding within the landscape beds shall be conducted at the frequency and in accordance with the
general provisions below.
1. WEED CONTROL FREQUENCY: Weed control shall be performed as often as necessary in
order to provide a weed -free area, and no less than one time per month.
2. WEED CONTROL GENERAL:
A. Weed control may be accomplished by using selective herbicides, both pre- emergent and
post emergent as needed. "Round -up" or other Village- approved spray may be used provided that injury
to desired plant material is prevented.
B. Manufacturer label rates, safety precautions and disposal directions will be strictly
adhered to.
C. Applicators shall be licensed in accordance with State regulations
Page: 12
D. Contractor shall submit to the Village Public Works Department, on the same day
chemicals are applied, the following information: identification of the chemical applied, pest controlled,
date of application, time, name of applicator, and method of application.
SECTION THREE: TREES AND PALMS
A. PRUNING:
For purposes of this Section, all required pruning is limited to a height of 16'0" as measured from ground
level.
1. PRUNING FREQUENCY: The schedule for performance of this work is to be determined by
the Contractor, with a frequency of no less than one time per month.
2. PRUNING GENERAL:
A. Pruning shall include, but not be limited to, the following:
• Dead, dying, or unsightly parts of the tree.
• Sprouts growing at or near the base of the tree trunk.
• Branches that grow toward the center of the tree
• Crossed branches that may rub together.
• Multiple leaders of a tree that normally have only one stem.
• Nuisance growth that interferes with view, walks lighting or signage.
• Nuisance growth, removal of all danizerous branches thoms and fronds that indicate
yotential conflict with people including branches overhanging sidewalks encroaching
guardrails, and vehicular traffic.
• Branches that have strong potential for damage by storms (preventative) or have been
damaged by storms (post -storm event).
B. Pruning paint is not required and is prohibited.
C. Sharp and proper pruning tools shall remove portions of trees, including any sucker
growth.
D. No chemical treatment to sucker growth shall be permitted.
E. Branches, dead wood, and cuttings resulting from pruning shall be removed from the job
site and disposed of in an acceptable manner. All lawn and shrub areas damaged by pruning equipment
shall be replaced at the Contractor's expense.
F. Dead palm fronds that have fallen to the ground are to be removed at each mowing.
G. Dead palm fronds shall be removed from the palm head and trunk of any palm species up
to the defined height of 16'0 ", including Washingtonian Palms.
B. WEED CONTROL:
1. Under no circumstances shall any tree planted in a sodded area be weeded with a filament type
trimmer.
Page: 13
2. Chemical application for the control of weeds shall not be permitted where sucker sprouts
are present. ALL sucker growth must be removed, using proper pruning techniques, prior to the
use of Round -up.
3. Tree rings with a minimum radius of 18" from outside of trunk shall be edged and maintained to
avoid mechanical damage to the tree trunks.
SECTION FOUR: MULCH
A. MULCH FREOUENCY:
Standard schedule for mulch application shall be twice annually:
Begin March 1- Completed by mid -Apri l
Begin October 1- Complete by mid - November (prior to Thanksgiving)
B. MULCH GENERAL:
1. Plant beds and tree pits shall be maintained with 4" of mulch.
2. Mulch shall be shredded cypress mulch or approved equal.
SECTION FIVE: FERTILIZATION
Chemical analysis sheets, particularly palm tree fertilizer, shall be submitted to the Village Public Works
Department prior to application, along with recommended application rates as noted by the manufacturer.
A. SOD FERTILIZATION - GENERAL:
1. The fertilizer shall be a granular fertilizer with composition of 15 -5 -15. It shall be a complete
fertilizer (containing both major and micro nutrients), sulfur coated, time released, and applied at a rate of
1 lb. of nitrogen per 1,000 sq ft. of sod. Contractor shall not use any forms of fertilizers other than those
specified, without specific approval from the Village.
2. Sod, where required, shall be fertilized three (3) times yearly during the following months:
January, April, and October.
3. Contractor shall notify the Village twenty -four (24) hours in advance prior to fertilizer
applications so the Village can adjust irrigation systems accordingly or notify the vendor of systems under
repair.
4. ALL residual fertilizers remaining on any hardscape surfaces shall be removed immediately after
the application process is completed to avoid staining.
B. TREES. SHRUBS. & GROUND COVERS FERTILIZATION- GENERAL:
1. Fertilizer shall be applied to all trees, shrubs and ground covers with exception of Pine trees,
Sabal (Cabbage) Palms, Wax Myrtles, and Saw Palmettos. Fertilizer shall be commercial grade.
Fertilizer shall be 10- 10 -10, sulfur coated, time released, or as recommended because of specific species.
Contractor shall not use any forms of fertilizers other than those specified, without specific approval from
the Village.
Page: 14
2. Granular fertilizer can be utilized for plants on level terrain. Fertilizer for plants established on
sloped locations where run off is likely, such as ramps and bridges, shall be in a tablet or spike form,
specifically designated for the species being fertilized.
C. PALM FERTILIZATION- GENERAL:
1. Sabal Palms (Cabbage Palms): no fertilization is required.
2. Washingtonia Palms: SPIKE FORM ONLY! (Similar to "Lutz" brand Palm Tree Maintenance
Spikes- sample label included). Fertilizer used for Washingtonia Palms shall meet or exceed the chemical
analysis quantities appearing on the "Lutz" Palm Tree Maintenance Spikes.
3. All Other Palms (e.g,, Queen Palms, Roebelenii, Foxtail, Coconut, and Princess): Fertilize using a
"Palm Special" fertilizer. Fertilizer used shall be complete with Magnesium, Manganese, Potassium, and
micronutrients. Material shall be applied at label rates.
D. FERTILIZATION FREQUENCY:
1. Sod, Trees, and Shrubs: shall be fertilized three (3) times per year, during the months of
January, April, and October.
2. Palm Trees shall be fertilized as follows:
A. Sabal Palms (Cabbage Palms): no fertilization is required.
B. Washingtonia Palms: (If "Lutz" brand Palm Tree Maintenance Spikes is used,
fertilization is required once yearly in January. Other spike fertilizers will be applied twice yearly, unless
label rates specify differently.
C. All Other Palms (e.g., Queen Palms Roebelenii Foxtail Coconut and Princess) shall be
fertilized two times yearly (January & June) or as required to eliminate yellowing of the fronds.
SECTION SIX: PESTICIDES
A. PESTICIDES FREQUENCY: Pesticide Control, where required, shall be applied on a monthly
basis for the control of insects.
B. PESTICIDES GENERAL:
1. A licensed operator, using EPA approved material under the direction of a Certified Pest Control
Operator, shall apply chemical controls.
2. Copies of current licenses must be provided to the Village prior to chemical use.
3. The manufacturer's written instructions and EPA criteria shall be strictly adhered to for
application rates, warning and re -entry restrictions.
Page: 15
4. Prior to the application of any pesticides, the Contractor shall notify the Village of the specific
chemical being used, application rates, and other particulars with reference to safety issues. The posting
of any required notifications regarding re -entry periods, if required, is the responsibility of the
Contractor.
5. The Contractor assumes all liability for damage and/or injury resulting from accident of misuse of
these products and /or equipment. The Village retains the right to prohibit the use of any herbicide or
pesticide.
6. Any plant damaged, or that seriously declines due to chemical applications (pesticide or
herbicide; granular or liquid) shall be replaced with like material of comparable size, type, and value.
7. Contractor will submit to the Village Public Works Department, on the same day chemicals are
applied, the following information: identification of the chemical applied, pest controlled, date of
application, time, name of applicator, and method of application.
C. FIRE ANT CONTROL:
Fire ant control will be accomplished through the use of Award or similar approved product applied twice
annually.
SECTION SEVEN: IRRIGATION SYSTEM
The Village shall provide for irrigation and maintenance of established systems.
CONTRACTOR IS TO CHECK THE AREAS PRIOR TO MOWING. ANY HEADS
REMAINING IN AN EXTENDED POSITION ARE TO BE RESET TO AVOID BEING MOWED
OFF.
TIME AND MATERIAL COSTS INCURRED FOR HEADS MOWED OFF WILL BE
CHARGED TO THE CONTRACTOR.
Any existing damage to the irrigation systems, including but not limited to: missing or inoperable heads;
damaged controls or pumps; missing valve box lids; or damaged valves shall be reported to the Village
Public Works Department so repair can be scheduled.
SECTION EIGHT:ARCHITECTURAL LANDSCAPE ELEMENTS
Filament -type trimmers are permitted for use to trim around the base of such fixed structures as cable,
telephone, and transformer boxes, drainage basins, and concrete poles. Items such as wooden ground
signs and architectural entrance features shall be trimmed in such a manner so as to eliminate any damage
to paint and structural features.
Page: 16
1 Northlake Boulevard - first median east of railroad tracks
2 Northlake Boulevard - Prosperity Farms Road to Southwind Drive
3 Northlake Boulevard - Southwind Drive to US Hwy1
4 Northlake Boulevard - north and south side at the magnolias trees
5 US Hwy 1 - Palmetto Road north to Carolinda Drive
6 Village Hall (501 U.S. hwy. 1)
7 NPB Library
8 Public Safety (560 US. Hwy. 1)
9 Alamanda Drive - behind St. Clare
10 Alamamda Drive - across from Omega Place
11 ALT A1A - First and second median North of Northlake Boulevard
12 Corsair swale - Ebbtide Drive to S. Anchorage Dr
13 Corsair R.O.W. - east and south end
14 Dogwood Circle - median east of Prosperity Farms Road
15 Ebbtide Drive - east of US Hwy 1
16 Golfview medians - Mc. Laren Road to US Hwy 1
17 Lagoon Drive- at cul -de -sac
18 Laurel Court - median east of Laurel Road
19 Lighthouse Bridge - R.O.W. north and south
20 Lighthouse Drive - US Hwy 1 to Lakeside Park
21 Lighthouse Dr. - at Village western limits, north and south side of road
22 Par Court - median by Overlook Drive
23 Public Works - 645 Prosperity Farms Road
24 Prosperity Farms Road R.O.W.- Allamanda Drive to North Pepperwood Circle
25 Wabash Drive - R.O.W.
26 South Anchorage Dive - east of U.S. Hwy 1
27 South Anchorage Drive - west of U.S. Hwy 1
28 Yacht Club Drive - east of U.S. Hwy 1
29 Prosperity Farms Road (8 medians) - Eagle Way to Burns Road
30 Monet Road - south R.O.W and east end (public park)
31 Juniper Road - west R.O.W. at western limits of Village
32 Firetree canal - R.O.W.
Total
Page: 18
2,640 Sq Ft
23,367 Sq Ft
17,437 Sq Ft
8,470 Sq Ft
110,608 Sq Ft
35,469 Sq Ft
32,467 Sq Ft
80,689 Sq Ft
600 Sq Ft
3,825 Sq Ft
11,100 Sq Ft
18,660 Sq Ft
8.495 Sq Ft
1,425 Sq Ft
1,425 Sq Ft
20,384 Sq Ft
900 Sq Ft
2,520 Sq Ft
13,520 Sq Ft
9,825 Sq Ft
24,600 Sq Ft
1,725 Sq Ft
4,680 Sq Ft
16,205 Sq Ft
1,825 Sq Ft
1,500 Sq Ft
3,075 Sq Ft
1,425 Sq Ft
7,500 Sq Ft
23,250 Sq Ft
57,500 Sq Ft
46,600 Sq Ft
585,224 Sq Ft
SECTION NINE: GENERAL CLEAN -UP AND LITTER PICK UP
The Contractor shall be responsible during routine maintenance to inspect the areas for paper, debris, and
trash. Sod and landscape beds are to be inspected and cleared of all aforementioned articles picked up
prior to mowing.
SECTION TEN: INSPECTION AND INVOICING
A. INVOICING:
1. The Contractor shall submit a monthly invoice on the first business day each month, itemizing
ALL maintenance items performed during the previous month.
2. A schedule of all maintenance items to be performed the following month shall be submitted with
the invoice. The schedule shall include dates, times, personnel utilized, and locations of the scheduled
anticipated work in the forthcoming month.
3. The Village Public Works Department shall be notified in writing prior to a change in scheduling
within five (5) working days (excluding weekends and Village holidays) to allow staff to inspect sites for
scheduled maintenance.
4. The Contractor shall be provided a list of dates for check disbursements as established by the
Finance Department. Payments will be according to established State and Village policies.
B. INSPECTION:
1. The Village will inspect sites at the completion of each mowing cycle and notify the Contractor
of conditions. If any are found to be non - compliant with the conditions and specifications outlined in this
contract, formal written notice will be given.
2. The Village shall not be invoiced for any worked expense related to non- compliant items found
according to the conditions or specifications outlined in the contract.
3. Work deemed incomplete will not be reimbursed by the Village and will be at the Contractor's
expense.
4. Trees, shrubs, plants, or sod damaged beyond repair due to Contractor's negligence, in the
judgment of the City's Project Manager, will be replaced at the Contractor's expenses. These
replacements will be subject to a one (1) year full warranty.
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Page: 17
TWIT M_
1 Northlake Boulevard - first median east of railroad tracks
2,640 Sq Ft
2 Northlake Boulevard - Prosperity Farms Road to Southwind Drive
23,367 Sq Ft
3 Northlake Boulevard - Southwind Drive to US Hwy1
17,437 Sq Ft
4 Northlake Boulevard - north and south side at the magnolias trees
8,470 Sq Ft
5 US Hwy 1 - Palmetto Road north to Carolinda Drive
110,608 Sq Ft
6 Village Hall (501 U.S. hwy. 1)
35,469 Sq Ft
7 NPB Library
8 Public Safety (560 US. Hwy. 1)
32,467 Sq Ft
9 Alamanda Drive - behind St. Clare
80,689 Sq Ft
10 Alamamda Drive - across from Omega Place
600 Sq Ft
3,825 Sq Ft
11 ALT A1A - First and second median North of Northlake Boulevard
11,100 Sq Ft
12 Corsair swale - Ebbtide Drive to S. Anchorage Dr
18,660 Sq Ft
13 Corsair R.O.W. - east and south end
14 Dogwood Circle - median east of Prosperity Farms Road
8.495 Sq Ft
15 Ebbtide Drive - east of US Hwy 1
1,425 Sq Ft
16 Golfview medians - Mc. Laren Road to US Hwy 1
17
1,425 Sq Ft
20,384 Sq Ft
Lagoon Drive- at cul -de -sac
18 Laurel Court - median east of Laurel Road
900 Sq Ft
19 Lighthouse Bridge - R.O.W. north and south
2,520 Sq Ft
20 Lighthouse Drive - US Hwy 1 to Lakeside Park
13,520 Sq Ft
21 Lighthouse Dr. - at Village western limits, north and south side of road
22
9,825 Sq Ft
24,600 Sq Ft
Par Court - median by Overlook Drive
23 Public Works - 645 Prosperity Farms Road
1,725 Sq Ft
24 Prosperity Farms Road R.O.W.- Allamanda Drive to North Pepperwood Circle
25 Wabash Drive - R.O.W.
4,680 Sq Ft
16,205 Sq Ft
26 South Anchorage Dive - east of U.S. Hwy 1
1,825 Sq Ft
27 South Anchorage Drive - west of U.S. Hwy 1
1,500 Sq Ft
28 Yacht Club Drive - east of U.S. Hwy 1
3,075 Sq Ft
29 Prosperity Farms Road (8 medians) - Eagle Way to Burns Road
30 Monet Road - south R.O.W and
1,425 Sq Ft
7,500 Sq Ft
east end (public park)
31 Juniper Road - west R.O.W. at western limits of Villa
Village
9
23,250 Sq Ft
32 Firetree canal - R.O.W.
57,500 Sq Ft
46,600 Sq Ft
Total 585,224 Sq Ft
Page: 18
RFP EXHIBIT `B"
PUBLIC ENTITY CRIMES STATEMENT
UNDER � 287.133. FLORIDA STATUTES
1. This sworn statement is submitted to the Village of North Palm Beach, Florida
by 6141'VAM) :S. Cr" /La,d\ Pfte5
(print individual's name and title) _
for irr141, 1)71�711 (NvMc� �C l o f"q ?ri«,ic.•� L
(print name of entity submitting sworn
w hose business address is Ccniw',vti. sY , 2[oe&4e: k-'11CQ 33vor.f
and (if applicable) its Federal Employer Identification Number (FEIN) is: CYN-a EJ`KO
(If the entity has no FEIN, include the Social Security Number of the Individual
signing this sworn statement: q*
2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other state
or of the United States, including, but not limited to, any bid or contract for goods or services to be
provided to any public entity or an agency or political subdivision or any other state or of the United
States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication
of guilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July 1, 1989, as a result of jury verdict, nonjury trial, or entry of a plea of guilty or nolo
contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means
a. A predecessor or successor of a person convicted of a public entity crime; or
b. An entity under the control any natural person who is active in the management of the
entity and who has been convicted of a public entity crime. The term "affiliate" includes
those officers, directors, executives, partners, shareholders, employees, members, and
agents who are active in the management of an affiliate. The ownership by one person of
shares constituting a controlling interest in another person or a pooling of equipment or
income among persons when not for fair market value under an arm's length agreement,
shall be a prima facie case that one person controls another person. A person who
knowingly enters into a joint venture with a person who has been convicted of a public
entity crime in Florida during the preceding 36 months shall be considered an affiliate.
Page: 19
5. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States with the legal power
to enter into binding contract and which bids or applies to bid on contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to
the entity submitting this sworn statement. (indicate which statement applies.)
w" Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this swom statement on the
convicted vendor list. (attach a copy of the final order)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS
FOR THAT PUBLIC ENTITY ONLY AND, THAT HIS FORM IS VALID THROUGH
DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND
THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A
CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,
FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION
CONTAINED IN THIS FORM.
(Signature)
The foregoing document was swom and subscribed before me this —Q-7 IZAI day of
/"T 2007 by who is personally known to me or produced
ae iriPntifirarinn
My Cornmissipp Expires:
n BETTYEN.GAI -8RARH
OB 66 M • MOv* MY COMMISSION t DD 563092 2011 ,� EXPIRES: June 22, 2011
L. - ArmarysertL� BOOM Thm BA,1 NOlyy Ber*0
Page: 20
RFP EXHIBIT "C"
PROPOSER'S ACKNOWLEDGMENT
SUBMIT ONE ORGINAL AND (2) COPIES OF YOUR PROPOSAL TO:
Village of North Palm Beach
Attn: Village Manager
Village Hall
501 US Highway 1,
North Palm Beach, FL 33408
RFP TITLE: Landscape Maintenance of Village Properties
RFP NO: #
Proposal must be received PRIOR TO 3_00 p.m., November 28, 2007, at which time Proposals
will be opened.
Proposer's Name: /C""? k 1))4 1476 1( f) 1r CC a U t (4
(Please specify if a rporatiompartnership, other entity or
Fed. ID# or SSN: L ,S oY�j -ef ?d
KC fNt
Address: A&o X196: Pce/ „l kAe14 Cx,vL,, '� l 33,00
TelephoneNo.: 81/ ?'W aIW Fax Number: 46-1 C, a.�- `E? ( C)
Contact representative: C—a �c46 Z"fk
The undersigned authorized representative of the Proposer agrees to all terms and conditions
stated in the RFP, and proposes and agrees that if this proposal is accepted by the Village, the
Proposer will enter into the standard Village contract to provide the services as stated in this
proposal and in accordance with the terms and conditions of this RFP.
/a-,
Authorized Representative's Signature
Ce
Name: Position:
Page: 21
D to
RFP EXHIBIT "D"
PROPOSAL FORM AND UNIT PRICES
Section One
In accordance with the terms and conditions stated in the Request for Proposal
(RFP) requesting all goods and services for the Mowing Landscape Maintenance of Village
Properties, the undersigned proposes the following to the Village of North Palm Beach:
7074t M g ALL✓VL� Bvxa.J6 Svcs rAa, (proposer's legal name) certifies that it is licensed
to perform the requested services in the State of Florida and a m eac oun y. Applicable
License number(s): pAt n1 A t=ACIN 000JTY c 1n =hest kl aoo o -07.'4L/
Proposer agrees to provide the required services stated in the RFP for an amount not to exceed
the following sum on an annual basis:
S='
Upl 14U 60&trn 1--1LI/F.N 'it}UVS"10 ONe R111jo%ei» /jt Uj.T+/ T 1S
Written Dollar Amount
($ &/ , / l,2 , )
Section Two
In recognition that the Village may seek to add new areas or subtract existing areas from the
services performed pursuant to this proposal, the Village is also seeking unit prices for such
services. In adding or subtracting landscape maintenance areas, the proposer agrees to the
following unit prices:
1. MOWING TURFGRASS (including all listed items) $ ,/ `,pt / sq.ft.
A. Mowing (41 cuts minimum)
B. Edging
C. Pruning and weeding of landscape beds (monthly)
D. General clean up (including removal of paper and debris on sodded areas,
removal of debris at curb and pavement interfaces, and removal of vegetation
growing in hardscape surfaces.
2. MOWING AND EDGING SURFACES ONLY $ !Ne /sq.ft.
3. WEED CONTROL (Sod) $ /PC /sq.ft.
4. MULCH (Cypress shredded or equivalent) $ (NL /sq.yd.
Page: 22
FERTILIZATION
A. (15 -5 -15 at 3 applications per year)
B. Shrubs & Groundcovers: (10- 10- 10 at
3 applications per year)
C. Trees (including palm trees)(per tree)
6. PESTICIDES
A. Turfgrass Areas:
B. Fire Ant Control:
$ Nc /1000 sq.ft.
$ IN 0 /1000 sq.ft
$ m G /per application
$ o c /sq.ft
$ toe- /sq.ft.
LABOR COSTS (Work not governed by the contract specifications):
6e
A. Supervisor
B. Laborer $ I6 /hr.
8. EQUIPMENT (Work not governed by the contract specifications):
A. Chainsaw (Stihl model 026 or equivalent) $ '� 6', /hr.
B. Chipper $ b $- /hr.
C. Dump body truck $ i c /mile $ 35-- /hr
D. Pick -up truck $ I o Z /mile $ _a5--_/hr
9. IRRIGATION (Work generated on an "as needed" basis.
Parts and materials will be supplied by the Village) $ 6 S' /hr.
10 TREE TRIMMING/REMOVAL (Work not governed by
the contract specifications) $ 65'— /hr.
Authorized IIpresentative's Signature
Name
Page: 23
Position:
/� 2 .
Date
RFP EXHIBIT "E"
CONFIRMATION OF DRUG -FREE WORKPLACE
In accordance with Section 287.087, Florida Statutes, whenever two or more Proposals
are equal with respect to price, quality, and service which are received by any political
subdivision for the procurement of commodities or contractual services, a proposal received
from a business that certifies that it has implemented a drug -free workplace program shall be
given preference in the award process. In order to have a drug -free workplace program, a
business shall:
(1) Publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
workplace and specifying the actions that will be taken against employees for violations of such
prohibition.
(2) Inform employees about the dangers of drug abuse in the workplace, the
business's policy of maintaining a drug -free workplace, any available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
(3) Give each employee engaged in providing the commodities or contractual
services that are under proposal a copy of the statement specified in subsection (1).
(4) In the statement specified in subsection (1), notify the employees that, as a
condition of working on the commodities or contractual services that are under proposal, the
employee will abide by the terms of the statement and will notify the employer of any conviction
of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than 5 days after such conviction.
(5) Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community by, any
employee who is so convicted.
(6) Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign this statement on behalf of ic7A ( &q lttl lcm,., t
I certify that? ral mAv vrFN /1» r do, lJa., L"W', 9.• complies fully with the above requirements.
Authorized Representative's Signature
/-: /If r& 41t It
Name:
Page: 24
Position:
///d -1/c17
Date
REQUEST FOR PROPOSAL
EXHIBIT "F"
STANDARD VILLAGE CONTRACT
CONTRACT FOR MOWING AND LANDSCAPE MAINTENANCE SERVICES
FOR THE VILLAGE OF NORTH PALM BEACH
This Contract is made as of the day of 2007, by and between the
VILLAGE OF NORTH PALM BEACH, a municipal corporation organized and existing under the laws of
the State of Florida, by and through its Village Council, hereinafter referred to as the VILLAGE, and
, an individual or corporation authorized
to do business in the State of Florida, hereinafter referred to as the CONTRACTOR, whose Federal I.D. is
In consideration of the promises and mutual covenants herein contained, it is hereby agreed that the
CONTRACTOR shall provide to the VILLAGE all work necessary for the maintenance of the Village
Municipal Golf Course pursuant to the terms and conditions of this Contract.
SECTION 1: GOODS AND SERVICES OF THE CONTRACTOR
A. The CONTRACTOR shall provide all goods and services necessary for the maintenance of the Village
Municipal Golf Course as required under the VILLAGE's Request for Proposal and the CONTRACTOR's
proposal thereto, which are attached hereto and incorporated herein by reference and to that degree of care
and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing
in the same or similar locality at the time the services are provided.
B. The goods and services to be provided by the CONTRACTOR shall be commenced subsequent to the
execution and approval of this Contract and upon written notice from the VILLAGE to proceed.
SECTION 2: TERM OF CONTRACT
A. This Contract shall be for an initial term of three (3) years from the date first written above unless
earlier terminated in accordance with the terms and conditions stated herein. The initial term of this
Contract shall automatically extend for an additional two (2) years unless either party notifies the other
party at least ninety (90) days prior to the end of the initial term that it does not desire to have the
Contract automatically extend for another two (2) years.
B. The CONTRACTOR shall not be entitled to an increase in the agreed to compensation in this Contract
or payment or compensation of any kind from the VILLAGE for direct, indirect, consequential, impact or
other costs, expenses or damages.
SECTION 3: VILLAGE'S REPRESENTATIVE. Unless otherwise specified by the VILLAGE, the
VILLAGE's representative shall be Wiley Livingston, Director of Public Works. The Village Manager or
Village Representative shall have the right at all reasonable times during the term of this Contract to
inspect or otherwise evaluate the work being performed thereunder and the premises in which it is being
performed.
Page: 25
SECTION 4: COMPENSATION AND METHOD OF PAYMENT
A. The VILLAGE agrees to compensate the CONTRACTOR in accordance with CONTRACTOR's
proposal attached hereto and incorporated by reference herein. The total and cumulative amount of this
Contract shall not exceed the amount stated in CONTRACTOR's proposal.
B. In order for both parties herein to close their books and records, CONTRACTOR will clearly state
"final invoice" on the CONTRACTOR's final /last billing to the VILLAGE. This certifies that all goods
and services have been properly performed and all charges have been invoiced to the VILLAGE. Since
this account will thereupon be closed, any and other further charges if not properly included in this final
invoice are waived by the CONTRACTOR. The VILLAGE will not be liable for any invoice from the
CONTRACTOR submitted thirty (30) days after the provision of all goods and services.
SECTION 5: INDEMNIFICATION.
A. The CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its agents,
servants, and employees from and against any and all claims, liability, losses, and /or cause of action
which may arise from any negligent act or omission of the CONTRACTOR, its agents, servants, or
employees in the performance of services under this Contract.
B. The CONTRACTOR further agrees to indemnify, save harmless and defend the VILLAGE, its agents,
servants and employees from and against any claim, demand or cause of action of whatsoever kind or
nature arising out of any conduct or misconduct of the CONTRACTOR its agents, servants, or employees
not included in the paragraph above and for which the VILLAGE, its agents, servants or employees are
alleged to be liable.
C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in
favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract be
construed a waiver of sovereign immunity beyond the waiver provided in § 768.28, Florida Statutes.
SECTION 6: PERSONNEL.
A. The CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel,
which may include the hiring of Village employees, required to perform the services under this Contract.
B. All of the services required hereunder shall be performed by the CONTRACTOR or under its
supervision, and all personnel engaged in performing the services shall be fully qualified and, if required,
authorized or permitted under state and local law to perform such services.
C. All of the CONTRACTOR's personnel (and all sub - contractors) while on VILLAGE premises, will
comply with all VILLAGE requirements governing conduct, safety, and security.
SECTION 7: TERMINATION.
This Contract may be cancelled by the CONTRACTOR upon thirty (30) days prior written notice to the
VILLAGE's representative in the event of substantial failure by the VILLAGE to perform in accordance
with the terms of this Contract through no fault of the CONTRACTOR. It may also be terminated, in
whole or in part, by the VILLAGE without cause upon thirty (30) days written notice to the
CONTRACTOR. The VILLAGE may also terminate this Contract with written notice of cause to the
CONTRACTOR, who fails to cure such cause within ten (10) days of the receipt of the VILLAGE's
notice. Unless the CONTRACTOR is in breach of this Contract, the CONTRACTOR shall be paid for
Page: 26
services rendered to the VILLAGE's satisfaction through the date of termination. After receipt of a
Termination Notice and except as otherwise directed by the VILLAGE, the CONTRACTOR shall:
A. Stop work on the date and to the extent specified;
B. Terminate and settle all orders and subcontracts relating to the performance of the terminated
work;
C. Transfer all work in progress, completed work, and other materials related to the terminated work
to the VILLAGE; and
D. Continue and complete all parts of the work that have not been terminated.
SECTION S: FEDERAL AND STATE TAX. The VILLAGE is exempt from payment of Florida State
Sales and Use Tax. Unless purchased directly by the VILLAGE, the CONTRACTOR shall not be
exempted from paying sales tax to its suppliers for materials used to fill contractual obligations with the
VILLAGE, nor is the CONTRACTOR authorized to use the VILLAGE's Tax Exemption Number in
securing such materials.
SECTION 9: INSURANCE.
A. Prior to commencing any work, the CONTRACTOR shall provide certificates evidencing insurance
coverage as required hereunder. All insurance policies shall be issued by companies authorized to do
business under the laws of the State of Florida. The Certificates shall clearly indicate that the
CONTRACTOR has obtained insurance of the type, amount, and classification as required for strict
compliance with this Section and that no material change or cancellation of the insurance shall be
effective without thirty (30) days' prior written notice to the VILLAGE's representative. Failure to
comply with the foregoing requirements shall not relieve the CONTRACTOR of its liability and
obligations under this Contract.
B. The CONTRACTOR shall maintain, during the life of this Contract, commercial general liability,
including contractual liability insurance in the amount of $500,000 per occurrence or $1,000,000 in
aggregate to protect the CONTRACTOR from claims for damages for bodily and personal injury,
including wrongful death, as well as from claims of property damages which may arise from any
operations under this Contract, whether such operations be by the CONTRACTOR or by anyone directly
employed by or contracting with the CONTRACTOR.
C. The CONTRACTOR shall maintain, during the life of this Contract, comprehensive automobile
liability insurance in the minimum amount of $500,000 combined single limit for bodily injury and
property damages liability to protect the CONTRACTOR from claims for damages for bodily and
personal injury, including death, as well as from claims for property damage, which may arise from the
ownership, use, or maintenance of owned and non -owned automobiles, including rented automobiles
whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the
CONTRACTOR.
D. The parties to this Contract shall carry Workers' Compensation Insurance and Employer's
Liability Insurance for all employees as required by Florida Statutes. In the event that a party does not
carry Workers' Compensation Insurance and chooses not to obtain same, then such party shall in
accordance with Section 440.05, Florida Statutes, apply for and obtain an exemption authorized by the
Department of Insurance and shall provide a copy of such exemption to the VILLAGE.
E. All insurance, other than Worker's Compensation, to be maintained by the CONTRACTOR shall
specifically include the VILLAGE as an Additional Insured.
Page: 27
SECTION 10: SUCCESSORS AND ASSIGNS. The VILLAGE and the CONTRACTOR each binds
itself and its partners, successors, executors, administrators, and assigns to the other party of this Contract
and to the partners, successors, executors, administrators and assigns of such other party, in respect to all
covenants of this Contract. Except as above, neither the VILLAGE nor the CONTRACTOR shall assign,
sublet, convey or transfer its interest in this Contract without the written consent of the other. Nothing
herein shall be construed as creating any personal liability on the part of any officer or agent of the
VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or benefits
hereunder to anyone other than the VILLAGE and the CONTRACTOR.
SECTION 11: DISPUTE RESOLUTION, LAW, VENUE AND REMEDIES
This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to
enforce the Contract will be held in Palm Beach County. No remedy herein conferred upon any party is
intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and
shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity
or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy
hereunder shall preclude any other or further exercise thereof.
SECTION 12: INDEPENDENT CONTRACTOR RELATIONSHIP. The CONTRACTOR is, and shall
be, in the performance of all Services under this Contract, an Independent CONTRACTOR, and not an
employee, agent, or servant of the VILLAGE. All persons engaged in any of the Services performed
pursuant to this Contract shall at all times, and in all places, be subject to the CONTRACTOR'S sole
direction, supervision, and control. The CONTRACTOR shall exercise control over the means and
manner in which it and its employees perform the Services.
SECTION 13: ACCESS AND AUDITS. The CONTRACTOR shall maintain adequate records to
justify all charges, expenses, and costs incurred in estimating and performing the Services for at least
three (3) years after completion of this Contract. The VILLAGE shall have access to such books, records,
and documents as required in this section for the purpose of inspection or audit during normal business
hours, at the CONTRACTOR's place of business. In no circumstances will CONTRACTOR be required
to disclose any confidential or proprietary information regarding its products and service costs.
SECTION 14: NONDISCRIMINATION. The CONTRACTOR warrants and represents that all of its
employees are treated equally during employment without regard to race, color, religion, disability, sex,
age, national origin, ancestry, marital status, or sexual orientation.
SECTION 15: ENFORCEMENT COSTS. If any legal action or other proceeding is brought for the
enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in
connection with any provisions of this Contract, the successful or prevailing party or parties shall be
entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not
taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to
appeals), incurred in that action or proceeding, in addition to any other relief to which such party or
parties may be entitled.
SECTION 16: SEVERABILITY. If any term or provision of this Contract, or the application thereof to
any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this
Contract, or the application of such terms or provision, to persons or circumstances other than those as to
which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this
Contract shall be deemed valid and enforceable to the extent permitted by law.
Page: 28
SECTION 17: MODIFICATIONS OF WORK
A. The VILLAGE reserves the right to make changes in the work, including alterations, reductions
therein or additions thereto. Upon receipt by the CONTRACTOR of the VILLAGE's notification of a
contemplated change, the CONTRACTOR shall, in writing: (1) provide a detailed estimate for the
increase or decrease in cost due to the contemplated change, (2) notify the VILLAGE of any estimated
change in the completion date, and (3) advise the VILLAGE if the contemplated change shall effect the
CONTRACTOR's ability to meet the completion dates or schedules of this Contract.
B. If the VILLAGE so instructs in writing, the CONTRACTOR shall suspend work on that portion of the
work affected by the contemplated change, pending the VILLAGE's decision to proceed with the change.
C. If the VILLAGE elects to make the change, the VILLAGE shall initiate a Contract Amendment and
the CONTRACTOR shall not commence work on any such change until such written amendment is
signed by the CONTRACTOR and approved and executed by the Village of North Palm Beach.
SECTION 18: PUBLIC ENTITY CRIMES. CONTRACTOR acknowledges and agrees that a person or
affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity;
may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of
a public building or public work; may not submit bids, proposals, or replies on leases of real property to a
public entity; may not be awarded or perform work as a contractor, supplier, sub - contractor, or
CONTRACTOR under a contract with any public entity; and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017, Florida Statues, for CATEGORY
TWO for a period of 36 months following the date of being placed on the convicted vendor list. The
CONTRACTOR will advise the VILLAGE immediately if it becomes aware of any violation of this
statute.
SECTION 19: PROTECTION OF WORK AND PROPERTY
A. The CONTRACTOR shall continuously maintain adequate protection of all work from damage, and
shall protect the VILLAGE's property from injury or loss arising in connection with the Contract. Except
for any such damage, injury, or loss, except that which may be directly due to errors caused by the
VILLAGE or employees of the VILLAGE, the CONTRACTOR shall provide any necessary materials to
maintain such protection.
B. Until acceptance of the work by the VILLAGE, the VILLAGE's property shall be under the charge
and care of the CONTRACTOR and the CONTRACTOR shall take every necessary precaution against
injury or damage to the work by the action of elements or from any other cause whatsoever, and the
CONTRACTOR shall repair, restore and make good, without additional work occasioned by any of the
above causes before its completion and acceptance.
C. The CONTRACTOR will also take every necessary precaution to ensure the safety of the VILLAGE,
public and other guests and invitees thereof at or near the areas where work is being accomplished during
and throughout the completion of all work.
SECTION 20: WARRANTY /GUARANTY. CONTRACTOR warrants that its goods and services
under this Contract will be free of defects in materials and workmanship for a period of one year
following the provision of said goods and services.
Page: 29
SECTION 21: COMPLIANCE WITH LAWS. CONTRACTOR shall, in performing the services
contemplated by this Contract, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this Contract.
SECTION 21: NOTICE. All notices required in this Contract shall be sent by certified mail, return
receipt requested, and if sent to the VILLAGE shall be mailed to:
Village of North Palm Beach
Attn: Jimmy Knight, Village Manager
Village Hall
501 US Highway 1
North Palm Beach, FL 33408
and if sent to the CONTRACTOR shall be mailed to:
The foregoing names and addresses may be changed if such change is provided in writing to the other
party.
SECTION 22: ENTIRETY OF CONTRACTUAL AGREEMENT. The VILLAGE and the
CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that
there are no promises or understandings other than those stated herein. None of the provisions, terms and
conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except
by written instrument executed by the parties hereto. In the event of a conflict between this Contract and
the VILLAGE's Request for Proposal and the CONTRACTOR's proposal, this Contract shall take
precedence with the VILLAGE's Request for Proposal taking precedence over the CONTRACTOR's
proposal. All such documents shall be read in a manner so as to avoid a conflict.
SECTION 23: WAIVER. Failure of a party to enforce or exercise any of its right(s) under this Contract
shall not be deemed a waiver of that parties' right to enforce or exercise said right(s) at any time
thereafter.
SECTION 24: PREPARATION. This Contract shall not be construed more strongly against either party
regardless of who was more responsible for its preparation.
SECTION 25: SURVIVABILITY. Any provision of this Contract which is of a continuing nature or
imposes an obligation which extends beyond the term of this Contract shall survive its expiration or
earlier termination.
SECTION 26: WAIVER OF SUBROGATION. CONTRACTOR hereby waives any and all rights to
Subrogation against the VILLAGE, its officers, employees and agents for each required policy. When
required by the insurer, or should a policy condition not permit an insured to enter into a pre -loss
agreement to waive subrogation without an endorsement, then CONTRACTOR shall agree to notify the
insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against
Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a
condition to the policy specifically prohibits such an endorsement, or voids coverage should
CONTRACTOR enter into such an agreement on a pre -loss basis.
Page: 30
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this
Contract for golf course maintenance services as of the day and year first above written.
M
Print Name:
VILLAGE OF NORTH PALM BEACH
I ra
EDWARD M. EISSEY. MAYOR
ATTEST:
M
MELISSA TEAL, VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
Page: 31
VILLAGE RFP AND CONTRACTOR'S PROPOSAL
TO BE ATTACHED AS EXHIBITS
Page: 32
PRIME]
BRIDGEFIELD
P.O. Box 988
Lakeland, FL 33802 -0988
June 6, 2007
Mr. Francis Galbraith, Secretary
Total Maintenance Building Services, Inc.
P.O. Box 31962
Palm Beach Gardens, FL 33420
RE: BEIC 1/830 -32139
Dear Mr. Galbraith:
EMPLOYERS INSURANCE
COMPANY
Rated A (Excellent) by A.M. Best Company
1- 800 - 282 -7648
(863) 665 -6060
Fax(863)666 -1958
Your workers' compensation coverage through Bridgefield Employers Insurance Company has been changed for the
following reason(s):
• Drug -Free Workplace Program (DF5 Credit Applied
Your DF credit has been applied.
Your estimated premium has been affected and the changes will be reflected on your next billing statement.
Please refer to the Premium Summary Statement(s) for policy period and premium information. If you
have any questions regarding this information, please contact our Customer Service department at 1 -800- 282 -7648.
Thank you,
Summit Policy Administration Department
Enclosure(s)
cc: Insurance Office of America, Inc. - 5856
Mr. Terry Andrew Crawford
BEIC 1/830 -32139
1of1
Bridgefield Employers Insurance Company is an affiliate of and is managed by Summit, 'The People Who Know Wmkers' Comp "®
Summit includes Summit Consulting Inc. and Summit Consulting Inc. of Louisiana.
wwm.surnmifholdings.cnm
6/06/07
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
Date prepared: June 6, 2007 Form no. WC 89 06 00 B
(07/01)
Carrier: Bridgefield Employers Insurance Company
Effective date of endorsement: May 1, 2007
Policy Number: 830 -32139
Policy Effective Date: May 5, 2007
Insured:
Total Maintenance Building Services, Inc.
P.O. Box 31962
Palm Beach Gardens, FL 33420
Physical address:
3690 Consumer Street
West Palm Beach, FL 33404
INTENT: Policy Information Page Endorsement
Item 4.* Class, Rate, Other (WC 89 04 15)
Is changed to read:
See Extension of Endorsement
All other terms and conditions of this policy remain unchanged.
FEIN: 65 -0428580
NCCI Carver Code 31267
This endorsement changes the policy to which it is attached and is effective on the date issued
unless otherwise stated.
cJp
Countersigned by Date: 6/06/07
cc: Total Maintenance Building Services, Inc.
Insurance Office of America, Inc. 5856
Mr. Francis Galbraith, Secretary
Total Maintenance Building Services, Inc.
P.O. Box 31962
Palm Beach Gardens, FL 33420
WC 89 06 00 B (7/01)
Includes copyright material
of the National Council on
Compensation Insurance, Inc.
Used with its permission.
Copyright 2001 NCCI
Dec 05 07 02:53p 5616244760 p.1
Nov, ID. [!VI- 7:i5rk:
-QVI , CERTIFICATE OF LIABILITY
Nc•9M
INSURANCE
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11/26/2D o
PRODUCER (561)176-0660 FAX (561)776 -0670
THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION
Insurance Office of America, Inc.
Abacoa Town Center
1200 University Blvd., Ste 200
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
!
Jupiter, FL 33458
INSURERS AFFORDING COVERAGE INAIC9
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. Southern- Owners 110190
P 0 Box 31962
NsJREn,. North River Ins. Co. j
Palm Bead, Gardens, FL 33420 .SYE:wPRC.
Nat'l Union Fire of Pittsburgh
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ridgefield Employers Ins. Co _ 10701
VLHSOA:d A TCY IN,4HY
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWJANr
ANY REQUIREMENT, PERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSMAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDI "IOPOLICIES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POp' lYPEO;!1NSURWCE
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O[S RMTRINOFOPERATroNs L2cATIONSI HICLES /EXCLUSIONS ADDED BY EME TI SPECPL PRoVISIONS
'ilrlage
of North Palm Reac�T to
be named as a itiSona� insure u regarding General Liability
=10 days notice o,' cancellation due to non - payment of premium
Village of North Palm Beach
Village Public Works Director
501 US Highway 1
North Palm Beach, FL 33408
ArnRn 7%(?miami
SHOULD MY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEO PEFORE THE
EXPIRATION DATE THEREOF, THE BSUNG INSURER RILL ENDEAVOR TO MAL
130 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEO TO THE LEFT,
OUT FALURE TO MAR SUCH NONCE SHALL IMPOSE NO OBUGATION ]R LIABILITY
OF ANY HIND UPON THE INSURER: ITS AGENTS OR REPRESENTATIVE'i.
AUTHORREO REPR6SENTAlTY1 —
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REQUEST FOR PROPOSALS FOR
MOWING AND LANDSCAPE MAINTENANCE
OF VILLAGE PROPERTIES
VILLAGE OF NORTH PALM BEACH
501 U.S. HIGHWAY 1
NORTH PALM BEACH, FLORIDA 33408 -4906
ADVERTISEMENT, INSTRUCTIONS FOR PROPOSALS
SPECIFICATIONS, PROPOSAL FORMS
BIDS TO BE OPENED
November 28, 2007 3:00 P.M.
Page: 1
ADVERTISEMENT
Sealed proposals will be received by the Village of North Palm Beach, Florida, at the Village
Manager's office, Village Hall, North Palm Beach, Florida, until:
3:00 P.M. November 28, 2007
Time Date
at which time they will be opened and read in public in the Village Hall conference room.
Such proposals to provide for the famishing of:
Mowin¢ and Landscape Maintenance of Village Properties
The resulting contract shall be awarded to the responsible proposer that best meets the needs of
the Village, taking into consideration, among other things, the financial responsibility of the
proposer, proven skill and experience, ability to timely perform the contract, previous
satisfactory performance and such other abilities of the proposer that the Village, in its sole
discretion, determines will enable the proposer to perform effectively and efficiently the contract
being proposed upon.
The envelope containing the proposal shall be marked as follows:
SEALED BID Mowing and Landscape Maintenance of Village Properties
VENDOR'S NAME
TO BE OPENED 3:00 P.M. November 28, 2007
Time Date
No proposer may withdraw his or her proposal for a period of sixty (60) days after submission by
the date set for the opening thereof. The Village reserves the right to reject any or all proposals
and to waive any technicality or informality in any proposal.
The complete Request for Proposals including specifications and proposal forms may be
obtained by bona fide proposers upon application at the office of the Village Publie Works ly
Oireetor, 501 U.S. Highway 1, North Palm Beach, FL 33408 -4906 or from the Village website
at: www.villagenpb.org.
PUBLISH: PALM BEACH POST
DATE: ASAP
THE VILLAGE OF NORTH PALM BEACH
Jimmy Knight, Village Manager
Page: 2
REQUEST FOR PROPOSALS
FOR
MOWING AND LANDSCAPE MAINTENANCE OF VILLAGE
1. REQUEST FOR PROPOSALS: The Village of North Palm Beach, Florida, a Florida
municipal corporation in Palm Beach County ( "Village "), is accepting sealed proposals for
Mowing and Landscape Maintenance of Village Properties (as more fully described herein) until
3 :00pm, local time, on November 28, 2007, at the Village Manager's office, Village Hall, 501
U.S. Highway 1, North Palm Beach, FL 33408. Proposals received after the aforementioned
date and time will be returned unopened.
2. PRE- PROPOSAL MEETING: A mandatory pre - proposal meeting is scheduled for
10:00 am local time at the Public Works Department at 645 Prosperity Farms Road, North
Palm Beach, FL 33408 on November 14, 2007. Failure to attend the mandatory pre - proposal
meeting may result in the rejection of your proposal.
3. PREPARATION OF PROPOSAL: This Request for Proposals ( "RFP ") provides the
complete set of terms and conditions, specifications and proposal forms for the required services.
The following documents are attached hereto and incorporated herein by reference.
Scope of Work
Public Entity Crimes Statement
Proposer's Acknowledgement
Proposal Form and Unit Prices
Drug Free Workplace
Standard Village Contract
Exhibit "A"
Exhibit `B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
Exhibit "F"
This RFP is available for review and printing from the Village's web site: village - npb.org.
All proposal forms must be completed in full and include a manual signature, in ink,
where applicable. The signature must be of an authorized representative who has the legal
ability to bind the proposing entity in contractual obligations. Unsigned proposals will not be
accepted.
All proposals forms must be typed or legibly printed in ink. Use of erasable ink is not
permitted. All corrections made by a proposer to any part of a proposal form must be initialed in
ink. The Village requests one (1) copy of the completed proposal in an electronic ".PDF" -file
format. It is a proposer's sole responsibility to assure that his/her proposal is complete and
delivered at the proper time and place of the proposal opening. The Village will not be
responsible for any expenses incurred in connection with the preparation and /or delivery of a
proposal.
An original of all proposal forms and (2) copies along the other required information (as
stated in Section 10 below) must be submitted in a sealed envelope to the address provided above
via hand - delivery or mail. Faxed or emailed proposals are not acceptable. The face of the sealed
Page: 3
envelope shall state "SEALED PROPOSAL" and contain the proposer's name, return address,
title of the proposal, and the date and time for proposal opening. Proposals not submitted in a
sealed envelope or on the enclosed proposal forms may be rejected.
Jorge Santos at (561) 691 -3440 is available to answer any non - technical questions
regarding this RFP. Any technical questions regarding this RFP should be submitted in writing
to Wiley Livingston, 645 Prosperity Farms Road, North Palm Beach, FL 33408 for review
and response. If any technical question requires a response which the Village, in its sole
discretion, determines should be provided to all potential proposers, the Village will issue an
official addendum to this RFP. The Village will endeavor to make sure all potential proposers
receive such addendum by posting the addendum on the Village's website for the respective
proposal solicitation; however, it is the sole responsibility of every proposer to verify with the
Village whether any addendum has been issued prior to submitting a proposal. The Village will
not issue an addendum five (5) days or less before proposal opening.
4. PROPOSAL EVALUATION AND AWARD: On the date and time specified in this
RFP, the Village will open and announce aloud all proposals received on time. The evaluation of
the proposals will occur soon thereafter. The proposal opening may be delayed if, at the sole
discretion of the Village, it is considered to be in the Village's best interests.
The Village Administration will evaluate the proposals in order to prepare a
recommendation to the Village Council for selection of the top- ranked proposer and award of a
resulting contract. Certain proposers may be selected to make a brief presentation and/or oral
interview to the Village Administration and /or Village Council. The selected proposer will be
chosen on the basis of the responsiveness of its proposal, interviews and oral presentations (if
required), and the results of the Village's research and investigation of the information in each
proposal. Upon selecting the successful proposer who will best serve the interests of the Village,
the Village will enter into a contract with that selected proposer. At a minimum, the resulting
contract will include the terms and conditions found in a standard Village contract, a copy of
which is attached hereto as Exhibit "F ", and incorporate the terms and conditions of this RFP and
the selected proposer's proposal.
The Village, in its sole discretion, reserves the right to waive all technicalities or
irregularities, to reject any or all proposals or any part of a proposal, to award to a single
proposer or to divide the award between proposers, and to re- solicit this RFP or any part
of this RFP. The Village further reserves the right, in its sole discretion, to award a
contract to the proposer (or proposers) whose proposal best serves the interests of the
Village.
5. INSURANCE REQUIREMENTS:
A. Prior to the approval of a resulting contract, the selected proposer shall provide to
the Village certificates evidencing insurance coverage in the minimum amounts as
required hereunder or as otherwise agreed to in the negotiated contract. All
insurance policies shall be issued by companies authorized to do business under
the laws of the State of Florida. The certificates shall clearly indicate that the
Page: 4
selected proposer has obtained insurance of the type, amount, and classification as
required for strict compliance with this Section and that no material change or
cancellation of the insurance shall be effective without thirty (30) days' prior
written notice to the Village. Failure to comply with the foregoing requirements
shall not relieve the selected proposer of its liability and obligations under a
resulting contract.
B. The selected proposer shall maintain, during the life of a resulting contract,
commercial general liability, including contractual liability insurance in the
amount of $500,000 per occurrence or $1,000,000 in aggregate to protect the
selected proposer from claims for damages for bodily and personal injury,
including wrongful death, as well as from claims of property damages which may
arise from any operations under a resulting contract, whether such operations be
performed by the selected proposer or by anyone directly employed by or
contracting with the selected proposer.
C. The selected proposer shall maintain, during the life of a resulting contract,
comprehensive automobile liability insurance in the minimum amount of
$500,000 combined single limit for bodily injury and property damages liability
to protect the selected proposer from claims for damages for bodily and personal
injury, including death, as well as from claims for property damage, which may
arise from the ownership, use, or maintenance of owned and non -owned
automobiles, including rented automobiles whether such operations be by the
selected proposer or by anyone directly or indirectly employed by the selected
proposer.
D. The parties to the resulting contract shall carry Workers' Compensation Insurance
and Employer's Liability Insurance for all employees as required by Florida
Statutes. In the event that a party does not carry Workers' Compensation
Insurance and chooses not to obtain same, then such party shall in accordance
with Section 440.05, Florida Statutes, apply for and obtain an exemption
authorized by the Department of Insurance and shall provide a copy of such
exemption to the other party.
E. All insurance, other than Worker's Compensation, to be maintained by the
selected proposer shall specifically include the Village as an Additional Insured.
6. REGULATIONS. PERMITS AND FEES: The selected proposer will be required to
obtain at its own expense all permits, inspections and /or licenses, if any, required to provide the
required services to the Village under this RFP. The Village will waive any and all permit and
inspection fees required to be obtained from the Village. The selected proposer must comply
with all applicable Federal, State and local laws and regulations.
7. PUBLIC ENTITY CRIMES: In accordance with section 287.133, Florida Statutes, any
person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or
Page: 5
services to a public entity; may not submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or public work; may not submit bids,
proposals, or replies on leases of real property to a public entity; may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity in excess of $25,000 for a period of
36 months following the date of being placed on the convicted vendor list.
Accordingly, if your proposal exceeds $25,000, a public entity crimes statement must be
completed and signed by an authorized representative and be included with your proposal. A
copy of the public entity crimes statement is attached to this RFP as Exhibit `B ".
8. PUBLIC RECORDS: Upon receipt, all proposals and information submitted with
each proposal become "public record" and shall be subject to public disclosure consistent with
Chapter119, Florida Statutes ( "Public Records Law "). In order to be exempt from disclosure,
proposers must invoke the specific exemptions to disclosure provided by law in their proposal by
providing the specific statutory authority for the claimed exemption, identifying the data or other
materials to be protected, and stating the reasons why such exclusion from public disclosure is
necessary.
9. PROPOSER'S CERTIFICATION: Each proposer submitting a proposal acknowledges,
agrees and certifies as follows:
A. The proposer and its proposal are subject to all terms and conditions specified
herein with no exceptions unless authorized in writing by the Village;
B. The proposal constitutes an offer to the Village which shall remain open,
irrevocable and unchanged for sixty (60) days after proposal opening;
C. The proposer has not given, offered nor intends to give or offer any economic
opportunity, future employment, favor or gratuity in any kind to any employee of
the Village in connection with this RFP;
D. The proposer has not divulged or discussed its proposal with other proposers;
E. The proposal is made based on independent determination of the proposer without
collusion with other proposers in an effort to restrict competition;
F. The proposer has not made any attempt to induce any potential proposer from
submitting or declining to submit a proposal in response to this RFP;
G. The proposer is financially solvent and sufficiently experienced and competent to
provide all goods and /or services required in this RFP;
H. The proposer shall indemnify, defend and hold harmless the Village, its officers,
employees and agents from any and all claims, damages, causes of action or
liability related to or arising from this RFP; and
Page: 6
L. All information provided in the proposal is true and correct in all respects.
If any proposer or its proposal fails to comply with the foregoing certifications, said failure will
include, but may not be limited to, grounds for rejecting that proposer's proposal.
10. PROPOSAL FORMAT AND REQUIREMENTS: Each proposal shall be submit in
a clear, concise format, on 8% X 11 paper. Each proposal set shall contain all information
requested herein to be considered for award. Omission of required information may be cause for
disqualification.
1. Cover Letter of Transmittal: The cover letter will summarize in a brief and
concise statement the proposer's qualifications, how it is organized, and its location
relative to the Village. Minimum qualifications should be stated and must include:
A. A statement that the proposer is licensed and qualified to provide all services
requested under this RFP and as stated in the proposal to complete the Project;
B. A statement that the proposer is able and will comply with all applicable laws,
rules, regulations and ordinances of the Village, Palm Beach County, the State of
Florida and the United States if selected by the Village Council; and
C. A statement that the proposer is able and will provide the required insurance as
stated herein if selected by the Village Council.
The Cover Letter should also identify the Project manager for the proposer. An official
authorized to bind the proposer and execute a contract must sign the letter of
transmittal.
The following proposal forms should be attached to the Cover Letter:
Public Entity Crimes Statement
Proposer's Acknowledgement
Proposal Form
Drug Free Workplace
2. Additional Information:
RFP Exhibit "B"
RFP Exhibit "C"
RFP Exhibit "D"
RFP Exhibit "E"
A. Proposer's References: The proposer shall submit a list of no more than six (6)
other municipalities, public entities or other entities to which the proposer has provided
similar services as those requested in this RFP. Proposer shall indicate a contact
person's name, address and telephone number for each reference, and a general
description of the services provided and the cost of such services.
B. Subcontractors: The proposer shall identify all subcontractors, if any, the
proposer plans to utilize in the provision of all services under this RFP.
Page: 7
C. Equipment: The proposer shall provide a list of equipment that is available to
perform the services included within the Scope of Services.
D. Conflict of Interest: The proposer shall disclose with their proposal the name(s)
of any officer, director, agent, or immediate family member (spouse, parent, sibling,
and child) who is also an employee or officer of the Village. Furthermore, all proposers
shall disclose the name of any Village employee or officer who, either directly or
indirectly, owns a material interest in the proposer's company, firm or group or in that
of any of its affiliates. If no such conflict of interests exists, the proposer should clearly
state this in its proposal.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANKI
Page: 8
RFP EXHIBIT "A"
SCOPE OF WORK
I. SPECIFICATIONS
The following are the general specifications covering the mowing and maintenance of rights -of -way and
public grounds landscaping in the Village of North Palm Beach, including trees, shrubs, ground cover,
and turf areas. Unless specifically indicated otherwise, these general provisions shall apply.
The work outlined shall include, but not be limited to, the following maintenance tasks: mowing, edging,
pruning, weeding, mulching, fertilization, and pesticide/herbicide application.
Contractor agrees to furnish all supervision, labor, materials, supplies, and equipment as necessary to
properly maintain the work specified herein. Supervisory personnel used to oversee the required
maintenance shall have a minimum of five (5) years of experience in landscape maintenance.
Contractor shall implement turf management practices and horticultural practices as recommended by the
Institute of Food and Agricultural Services (IFAS), University of Florida, Gainesville, Florida, as found
in the flowing publication: "Florida Lawn Handbook " - current edition.
No activity shall be carried out in a manner that will disrupt, inconvenience or endanger any member of
the traveling public, either pedestrian or vehicular. Failure to follow mandated safety practices or
guidelines listed herein may result in termination for cause, at the Village's discretion.
The Contractor shall be responsible for restoration of any damages that occur as a result of its operations,
including but not limited to, plant loss due to improper maintenance procedures, improper herbicide or
pesticide use, improper trimming /pruning, improper equipment operation, pavement damage from loading
or unloading, fuel spills, insufficient or improper fertilization resulting in plant chlorosis, untreated
disease or pest problems, and injury to non - target plants and organisms.
At the end of each maintenance day, all walks, drives, road surfaces, and open space areas will be free of
any loose materials, trash, and debris.
All personnel shall be required to wear proper attire, which, as a minimum, shall include a standard shirt
carrying the company name and /or logo. All personnel shall present a good appearance and maintain a
professional code of conduct. All personnel shall wear a safety vest with reflective striping when
working within the road right -of -way.
RIGHT -OF -WAY.
No storage or provision for storage shall be made on site for maintenance equipment or materials.
All vehicles shall be clearly identified with the company name and /or logo and present a good
appearance. Vehicles and equipment shall be parked within the Village right -of -way so as not to obstruct
or interfere with pedestrian or vehicular traffic.
All work, unless otherwise specified herein, shall be part of the total amount of the proposal.
Page: 9
SECTION ONE: TURFGRASS
A. MOWING
1. MOWING FREQUENCY: All turfgrass areas shall be mowed no less than every seven (7) days
when actively growing and approximately every other week when growing is reduced. One complete
year's schedule shall include a minimum of 41 cuts per fiscal year as generally outlined below:
Active Growth Period:
April- October (Weekly)
Reduced Growth Period:
November -March (Biweekly)
SAMPLE MOWING SCHEDULE INDICATING A 41 -CUT MOWING CYCLE PER FISCAL YEAR:
October '06 (1,8,15,22,29)
5 cuts minimum
November '06 (12,26)
2 cuts minimum
December '06 (10,24)
2 cuts minimum
January '07 (7, 21)
2 cuts minimum
February '07 (4, 18)
2 cuts minimum
March '07 (4, 18)
2 cuts minimum
April '07 (1,8,15,22,29)
5 cuts minimum
May '07 (6,13,20,27)
4 cuts minimum
June '07 (3, 10,17,24)
4 cuts minimum
July'07 (1,8,15,22,29)
5 cuts minimum
August '07 (5,12,19,26)
4 cuts minimum
Sentember'07 (2,9,16,23) 4 cuts minimum
41 Total Services Fiscal Year 07/08 Schedule
2. MOWING GENERAL:
A. Mowing times shall be between the hours of 8:00 am — 5:00 pm., Monday through
Saturday. No mowing shall occur on Sundays or on July 4th, Thanksgiving, Christmas Day, and New
Year's Day, unless prior approval has been secured from the Village.
B. Grass clipping shall be left on the turf areas provided there are no readily visible clumps
remaining. Clumps shall be removed from the lawn immediately after mowing.
C. Grass clippings or debris caused by mowing or trimming will be removed from adjacent
walks, drives, gutters, curbs, and other hardscape surfaces on the same day as mowed or trimmed.
D. All litter and debris, or items that may be propelled by mower blades MUST be removed
from the turf BEFORE mowing and moved from the job site. The collected debris shall not be discarded
into any landscape areas, including landscape beds, drainage structures, or paved surfaces and MUST be
removed from the site and disposed of properly by the Contractor. When performing maintenance within
road rights -of -way, all litter and debris must be picked up from curb to curb within rights -of -way.
E. Mowing heights are to be maintained at 3 "- 31/2" for both St. Augustine (Floratam) grass
and Bahia grass. The Village retains the option to adjust the mowing heights as necessary. Mower blades
shall be sharpened regularly to deliver a finished cut to leaf blades.
Page: 10
F. Mowing must be performed in a timely and systematic fashion in order to maintain the
integrity and appearance of the landscape design. Contractor shall alternate mowing patterns to avoid
mower wheel rut patterns, where the size of the mowing area permits.
G. Mowing must be performed carefully as not to "bark" trees or shrubs, intrude into
covered beds, DAMAGE SPRINKLER HEADS, valves, manifolds, time clocks, curbs, or other facilities.
B. EDGING:
"Edge" is defined as a sharp, distinct, visually discernable vertical line of sod at all junctions of turfgrass
and any other material such as concrete, asphalt or mulch.
1. EDGING FREQUENCY: Edging shall be done with every cut. Edging of clay jogging trails
shall be performed quarterly.
2. EDGING GENERAL:
A. Mechanically edge all turf edges abutting sidewalks, flush paved surfaces, including all
road curbs, drives, and similar surfaces.
B. Mechanically edge all landscaping bed /sod interfaces, including individual tree rings (18"
from outside of tree trunk, minimum).
C. A mechanical blade edger shall be used for all edging. Edging with string -type trimmers
is not permitted.
D. Dirt and debris produced by edging or trimming shall be removed and swept from
adjacent hard surfaces.
E. NO CHECMICAL EDGING SHALL BE PERMITTED.
C. WEED CONTROL:
Weed control shall be performed in St. Augustine turfgrass and landscape beds. All impervious concrete
areas, such as bull nose medians, sidewalks, and curbs shall be maintained free of weeds.
1. WEED CONTROL FREQUENCY: Weed control shall be performed as often as necessary in
order to provide a weed -free area. In areas where weeds are already established, weed control shall be
performed as often as necessary so as to reduce and improve over time the amount of weeds so as to
establish a weed -free area.
2. WEED CONTROL GENERAL:
A. Weed control may be accomplished by using selective herbicides, both pre- emergent and
post emergent as needed. "Round -up" or other Village- approved sprays may be used to control weeds in
pavement areas. Pavement areas include sidewalks, driveways, curbs, roads, and any cracks within the
non - pervious material.
B. Manufacturer label rates, safety precautions and disposal directions shall be strictly
adhered to.
Page: 11
C. Applicators shall be licensed in accordance with State regulations.
D. Contractor shall submit to the Village Public Works Department, on the same day
chemicals are applied, the following information: identification of the chemical applied, pest controlled,
date of application, time, name of applicator, and method of application.
SECTION TWO: SHRUBS AND GROUNDCOVERS
A. PRUNING:
Shrubs within landscaping beds shall be maintained to provide maximum opaqueness.
1 PRUNING FREOUENCY: The schedule for performance of this work is to be determined by
the Contractor, with a frequency of no less than one time ner month.
2. PRUNING GENERAL:
A. Pruning, trimming, and shaping landscaping material shall be performed so as to promote
vigorous growth and maintain an attractive shape consistent with the plant's natural character.
B. No pruning shall be permitted as to render the top of the foliage mass to be wider than the
base of the foliage.
C. Pruning shall be performed to leave hedges in a uniform horizontal height. The Village
shall establish heights of various planting areas.
D. NO chemical trimming or pruning shall be permitted under any circumstances!
E. All trimming and pruning debris shall be picked up and removed from the property on the
day of each trimming by the Contractor and at the Contractor's expense.
B. WEED CONTROL:
Weeding within the landscape beds shall be conducted at the frequency and in accordance with the
general provisions below.
1. WEED CONTROL FREQUENCY: Weed control shall be performed as often as necessary in
order to provide a weed -free area, and no less than one time per month.
2. WEED CONTROL GENERAL:
A. Weed control may be accomplished by using selective herbicides, both pre- emergent and
post emergent as needed. "Round -up" or other Village- approved spray may be used provided that injury
to desired plant material is prevented.
B. Manufacturer label rates, safety precautions and disposal directions will be strictly
adhered to.
C. Applicators shall be licensed in accordance with State regulations
Page: 12
D. Contractor shall submit to the Village Public Works Department, on the same day
chemicals are applied, the following information: identification of the chemical applied, pest controlled,
date of application, time, name of applicator, and method of application.
SECTION THREE: TREES AND PALMS
A. PRUNING:
For purposes of this Section, all required pruning is limited to a height of 16'0" as measured from ground
level.
1. PRUNING FREQUENCY: The schedule for performance of this work is to be determined by
the Contractor, with a frequency of no less than one time per month.
2. PRUNING GENERAL:
A. Pruning shall include, but not be limited to, the following:
• Dead, dying, or unsightly parts of the tree.
• Sprouts growing at or near the base of the tree trunk.
• Branches that grow toward the center of the tree
• Crossed branches that may rub together.
• Multiple leaders of a tree that normally have only one stem.
• Nuisance growth that interferes with view, walks, lighting, or signage.
• Nuisance growth, removal of all dangerous branches, thorns, and fronds that indicate
potential conflict with people, including branches overhanging sidewalks, encroaching
guardrails, and vehicular traffic.
• Branches that have strong potential for damage by storms (preventative) or have been
damaged by storms (post -storm event).
B. Pruning paint is not required and is prohibited.
C. Sharp and proper pruning tools shall remove portions of trees, including any sucker
growth.
D. No chemical treatment to sucker growth shall be permitted.
E. Branches, dead wood, and cuttings resulting from pruning shall be removed from the job
site and disposed of in an acceptable manner. All lawn and shrub areas damaged by pruning equipment
shall be replaced at the Contractor's expense.
F. Dead palm fronds that have fallen to the ground are to be removed at each mowing.
G. Dead palm fronds shall he removed from the palm head and trunk of any palm species up
to the defined height of 16'0 ", including Washingtonian Palms.
B. WEED CONTROL:
1. Under no circumstances shall any tree planted in a sodded area be weeded with a filament type
trimmer.
Page: 13
2. Chemical application for the control of weeds shall not be permitted where sucker sprouts
are present. ALL sucker growth must be removed, using proper pruning techniques, prior to the
use of Round -up.
3. Tree rings with a minimum radius of 18" from outside of trunk shall be edged and maintained to
avoid mechanical damage to the tree trunks.
SECTION FOUR: MULCH
A. MULCH FREQUENCY:
Standard schedule for mulch application shall be twice annually:
Begin March 1- Completed by mid -April
Begin October 1- Complete by mid - November (prior to Thanksgiving)
B. MULCH GENERAL:
1. Plant beds and tree pits shall be maintained with 4" of mulch.
2. Mulch shall be shredded cypress mulch or approved equal.
SECTION FIVE: FERTILIZATION
Chemical analysis sheets, particularly palm tree fertilizer, shall be submitted to the Village Public Works
Department prior to application, along with recommended application rates as noted by the manufacturer.
A. SOD FERTILIZATION - GENERAL:
1. The fertilizer shall be a granular fertilizer with composition of 15 -5 -15. It shall be a complete
fertilizer (containing both major and micro nutrients), sulfur coated, time released, and applied at a rate of
1 lb. of nitrogen per 1,000 sq ft. of sod. Contractor shall not use any forms of fertilizers other than those
specified, without specific approval from the Village.
2. Sod, where required, shall be fertilized three (3) times yearly during the following months:
January, April, and October.
3. Contractor shall notify the Village twenty -four (24) hours in advance prior to fertilizer
applications so the Village can adjust irrigation systems accordingly or notify the vendor of systems under
repair.
4. ALL residual fertilizers remaining on any hardscape surfaces shall be removed immediately after
the application process is completed to avoid staining.
B. TREES, SHRUBS, & GROUND COVERS FERTILIZATION- GENERAL:
1. Fertilizer shall be applied to all trees, shrubs and ground covers with exception of Pine trees,
Sabal (Cabbage) Palms, Wax Myrtles, and Saw Palmettos. Fertilizer shall be commercial grade.
Fertilizer shall be 10- 10 -10, sulfur coated, time released, or as recommended because of specific species.
Contractor shall not use any forms of fertilizers other than those specified, without specific approval from
the Village.
Page: 14
2. Granular fertilizer can be utilized for plants on level terrain. Fertilizer for plants established on
sloped locations where run off is likely, such as ramps and bridges, shall be in a tablet or spike form,
specifically designated for the species being fertilized.
C. PALM FERTILIZATION- GENERAL:
1, Sabal Palms (Cabbage Palms): no fertilization is required.
2. Washingtonia Palms: SPIKE FORM ONLY! (Similar to "Lutz" brand Palm Tree Maintenance
Spikes- sample label included). Fertilizer used for Washingtonia Palms shall meet or exceed the chemical
analysis quantities appearing on the "Lutz" Palm Tree Maintenance Spikes.
3. All Other Palms (e.g., Queen Palms, Roebelenii, Foxtail, Coconut, and Princess): Fertilize using a
"Palm Special" fertilizer. Fertilizer used shall be complete with Magnesium, Manganese, Potassium, and
micronutrients. Material shall be applied at label rates.
D. FERTILIZATION FREQUENCY:
1. Sod, Trees, and Shrubs: shall be fertilized three (3) times per year, during the months of
January, April, and October.
2. Palm Trees shall be fertilized as follows:
A. Sabal Palms (Cabbage Palms): no fertilization is required.
B. Washingtonia Palms: (If "Lutz" brand Palm Tree Maintenance Spikes is used,
fertilization is required once yearly in January. Other spike fertilizers will be applied twice yearly, unless
label rates specify differently.
C. All Other Palms (e.g., Queen Palms, Roebelenii, Foxtail, Coconut, and Princess) shall be
fertilized two times yearly (January & June) or as required to eliminate yellowing of the fronds.
SECTION SIX: PESTICIDES
A. PESTICIDES FREQUENCY: Pesticide Control, where required, shall be applied on a monthly
basis for the control of insects.
B. PESTICIDES GENERAL:
1. A licensed operator, using EPA approved material under the direction of a Certified Pest Control
Operator, shall apply chemical controls.
2. Copies of current licenses must be provided to the Village prior to chemical use.
3. The manufacturer's written instructions and EPA criteria shall be strictly adhered to for
application rates, warning and re -entry restrictions.
Page: 15
4. Prior to the application of any pesticides, the Contractor shall notify the Village of the specific
chemical being used, application rates, and other particulars with reference to safety issues. The posting
of any required notifications regarding re -entry periods, if required, is the responsibility of the
Contractor.
5. The Contractor assumes all liability for damage and /or injury resulting from accident of misuse of
these products and /or equipment. The Village retains the right to prohibit the use of any herbicide or
pesticide.
6. Any plant damaged, or that seriously declines due to chemical applications (pesticide or
herbicide; granular or liquid) shall be replaced with like material of comparable size, type, and value.
7. Contractor will submit to the Village Public Works Department, on the same day chemicals are
applied, the following information: identification of the chemical applied, pest controlled, date of
application, time, name of applicator, and method of application.
C. FIRE ANT CONTROL:
Fire ant control will be accomplished through the use of Award or similar approved product applied twice
annually.
SECTION SEVEN: IRRIGATION SYSTEM
The Village shall provide for irrigation and maintenance of established systems.
CONTRACTOR IS TO CHECK THE AREAS PRIOR TO MOWING. ANY HEADS
REMAINING IN AN EXTENDED POSITION ARE TO BE RESET TO AVOID BEING MOWED
OFF.
TIME AND MATERIAL COSTS INCURRED FOR HEADS MOWED OFF WILL BE
CHARGED TO THE CONTRACTOR.
Any existing damage to the irrigation systems, including but not limited to: missing or inoperable heads;
damaged controls or pumps; missing valve box lids; or damaged valves shall be reported to the Village
Public Works Department so repair can be scheduled.
SECTION EIGHT:ARCHITECTURAL LANDSCAPE ELEMENTS
Filament -type trimmers are permitted for use to trim around the base of such fixed structures as cable,
telephone, and transformer boxes, drainage basins, and concrete poles. Items such as wooden ground
signs and architectural entrance features shall be trimmed in such a manner so as to eliminate any damage
to paint and structural features.
Page: 16
SECTION NINE: GENERAL CLEAN -UP AND LITTER PICK UP
The Contractor shall be responsible during routine maintenance to inspect the areas for paper, debris, and
trash. Sod and landscape beds are to be inspected and cleared of all aforementioned articles picked up
prior to mowing.
SECTION TEN: INSPECTION AND INVOICING
A. INVOICING:
1. The Contractor shall submit a monthly invoice on the first business day each month, itemizing
ALL maintenance items performed during the previous month.
2. A schedule of all maintenance items to be performed the following month shall be submitted with
the invoice. The schedule shall include dates, times, personnel utilized, and locations of the scheduled
anticipated work in the forthcoming month.
3. The Village Public Works Department shall be notified in writing prior to a change in scheduling
within five (5) working days (excluding weekends and Village holidays) to allow staff to inspect sites for
scheduled maintenance.
4. The Contractor shall be provided a list of dates for check disbursements as established by the
Finance Department. Payments will be according to established State and Village policies.
B. INSPECTION:
1. The Village will inspect sites at the completion of each mowing cycle and notify the Contractor
of conditions. If any are found to be non - compliant with the conditions and specifications outlined in this
contract, formal written notice will be given.
2. The Village shall not be invoiced for any worked expense related to non - compliant items found
according to the conditions or specifications outlined in the contract.
3. Work deemed incomplete will not be reimbursed by the Village and will be at the Contractor's
expense.
4. Trees, shrubs, plants, or sod damaged beyond repair due to Contractor's negligence, in the
judgment of the City's Project Manager, will be replaced at the Contractor's expenses. These
replacements will be subject to a one (1) year full warranty.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANKI
Page: 17
113F.1111MIDICEW
1 Northlake Boulevard - first median east of railroad tracks
2,640 Sq Ft
2 Northlake Boulevard - Prosperity Farms Road to Southwind Drive
23,367 Sq Ft
3 Northlake Boulevard - Southwind Drive to US Hwy1
17,437 Sq Ft
4 Northlake Boulevard - north and south side at the magnolias trees
8,470 Sq Ft
5 US Hwy 1 - Palmetto Road north to Carolinda Drive
110,608 Sq Ft
6 Village Hall (501 U.S. hwy. 1)
35,469 Sq Ft
7 NPB Library
32,467 Sq Ft
8 Public Safety (560 US. Hwy. 1)
80,689 Sq Ft
9 Alamanda Drive - behind St. Clare
600 Sq Ft
10 Alamamda Drive - across from Omega Place
3,825 Sq Ft
11 ALT A1A - First and second median North of Northlake Boulevard
11,100 Sq Ft
12 Corsair swale - Ebbtide Drive to S. Anchorage Or
18,660 Sq Ft
13 Corsair R.O.W. - east and south end
8.495 Sq Ft
14 Dogwood Circle - median east of Prosperity Farms Road
1,425 Sq Ft
15 Ebbtide Drive - east of US Hwy 1
1,425 Sq Ft
16 Golfview medians - Mc. Laren Road to US Hwy 1
20,384 Sq Ft
17 Lagoon Drive- at cul -de -sac
900 Sq Ft
18 Laurel Court - median east of Laurel Road
2,520 Sq Ft
19 Lighthouse Bridge - R.O.W. north and south
13,520 Sq Ft
20 Lighthouse Drive - US Hwy 1 to Lakeside Park
9,825 Sq Ft
21 Lighthouse Dr. - at Village western limits, north and south side of road
24,600 Sq Ft
22 Par Court - median by Overlook Drive
1,725 Sq Ft
23 Public Works - 645 Prosperity Farms Road
4,680 Sq Ft
24 Prosperity Farms Road R.O.W.- Allemande Drive to North Pepperwood Circle
16,205 Sq Ft
25 Wabash Drive - R.O.W.
1,825 Sq Ft
26 South Anchorage Dive - east of U.S. Hwy 1
1,500 Sq Ft
27 South Anchorage Drive - west of U.S. Hwy 1
3,075 Sq Ft
28 Yacht Club Drive - east of U.S. Hwy 1
1,425 Sq Ft
29 Prosperity Farms Road (8 medians) - Eagle Way to Burns Road
7,500 Sq Ft
30 Monet Road - south R.O.W and east end (public park)
23,250 Sq Ft
31 Juniper Road - west R.O.W. at western limits of Village
57,500 Sq Ft
32 Firetree canal - R.O.W.
46,600 Sq Ft
Total 585,224 Sq Ft
Page: 18
RFP EXHIBIT `B"
PUBLIC ENTITY CRIMES STATEMENT
UNDER & 287.133, FLORIDA STATUTES
1. This sworn statement is submitted to the Village of North Palm Beach, Florida
by
(print individual's name and title)
for
(print name of entity submitting sworn statement)
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is:
(If the entity has no FEIN, include the Social Security Number of the Individual
signing this sworn statement: )
2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other state
or of the United States, including, but not limited to, any bid or contract for goods or services to be
provided to any public entity or an agency or political subdivision or any other state or of the United
States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication
of guilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July 1, 1989, as a result of jury verdict, nonjury trial, or entry of a plea of guilty or nolo
contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
a. A predecessor or successor of a person convicted of a public entity crime; or
b. An entity under the control any natural person who is active in the management of the
entity and who has been convicted of a public entity crime. The term "affiliate" includes
those officers, directors, executives, partners, shareholders, employees, members, and
agents who are active in the management of an affiliate. The ownership by one person of
shares constituting a controlling interest in another person or a pooling of equipment or
income among persons when not for fair market value under an arm's length agreement,
shall be a prima facie case that one person controls another person. A person who
knowingly enters into a joint venture with a person who has been convicted of a public
entity crime in Florida during the preceding 36 months shall be considered an affiliate.
Page: 19
5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States with the legal power
to enter into binding contract and which bids or applies to bid on contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to
the entity submitting this swom statement. (indicate which statement applies.)
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
July 1, 1989.
The entity submitting this swom statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn statement on the
convicted vendor list. (attach a copy of the final order)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS
FOR THAT PUBLIC ENTITY ONLY AND, THAT HIS FORM IS VALID THROUGH
DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND
THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A
CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,
FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION
CONTAINED IN THIS FORM.
(Signature)
The foregoing document was sworn and subscribed before me this day of
2007 by , who is personally known to me or produced
as identification.
Notary Public
My Commission Expires:
Page: 20
RFP EXHIBIT f°C"
PROPOSER'S ACKNOWLEDGMENT
SUBMIT ONE ORGINAL AND (2) COPIES OF YOUR PROPOSAL TO:
Village of North Palm Beach
Attn: Village Manager
Village Hall
501 US Highway 1,
North Palm Beach, FL 33408
RFP TITLE: Landscape Maintenance of Village Properties
RFP NO: #
Proposal must be received PRIOR TO 3_00 p.m., November 28, 2007, at which time Proposals
will be opened.
Proposer's Name:
(Please specify if a corporation,
Fed. ID# or SSN:
Address:
Telephone
Contact
other entity or individual)
Fax Number:
The undersigned authorized representative of the Proposer agrees to all terms and conditions
stated in the RFP, and proposes and agrees that if this proposal is accepted by the Village, the
Proposer will enter into the standard Village contract to provide the services as stated in this
proposal and in accordance with the terms and conditions of this RFP.
Authorized Representative's Signature
Name:
Page: 21
Position:
Date
RFP EXHIBIT "D"
PROPOSAL FORM AND UNIT PRICES
Section One
In accordance with the terms and conditions stated in the Request for Proposal
(RFP) requesting all goods and services for the Mowing Landscape Maintenance of Village
Properties, the undersigned proposes the following to the Village of North Palm Beach:
to perform the requested services
License number(s):
(proposer's legal name) certifies that it is licensed
in the State of Florida and Palm Beach County. Applicable
Proposer agrees to provide the required services stated in the RFP for an amount not to exceed
the following sum on an annual basis:
Written Dollar Amount
Section Two
In recognition that the Village may seek to add new areas or subtract existing areas from the
services performed pursuant to this proposal, the Village is also seeking unit prices for such
services. In adding or subtracting landscape maintenance areas, the proposer agrees to the
following unit prices:
MOWING TURFGRASS (including all listed items) $ /sq.ft.
A. Mowing (41 cuts minimum)
B. Edging
C. Pruning and weeding of landscape beds (monthly)
D. General clean up (including removal of paper and debris on sodded areas,
removal of debris at curb and pavement interfaces, and removal of vegetation
growing in hardscape surfaces.
2. MOWING AND EDGING SURFACES ONLY $ /sq.ft.
3. WEED CONTROL (Sod) $ /sq.ft.
4. MULCH (Cypress shredded or equivalent) $ /sq.yd.
Page: 22
5. FERTILIZATION
Authorized Representative's Signature
Name:
Page: 23
Position:
Date
A. (15 -5 -15 at 3 applications per year)
$
/1000 sq.ft.
B. Shrubs & Groundcovers: (10- 10- 10 at
3 applications per year)
$
/1000 sq.ft
C. Trees (including palm trees)(per tree)
$
/per application
6.
PESTICIDES
A. Turfgrass Areas:
$
/ sq.ft
B. Fire Ant Control:
$
/ sq.ft.
7.
LABOR COSTS (Work not governed by the contract specifications):
A. Supervisor
$
/hr
B. Laborer
$
/hr.
8.
EQUIPMENT (Work not governed by the contract specifications):
A. Chainsaw (Stihl model 026 or equivalent)
$
/hr.
B. Chipper
$
/hr.
C. Dump body truck
$
/mile $ /hr
D. Pick -up truck
$
/mile $ /hr
9.
IRRIGATION (Work generated on an "as needed" basis.
Parts and materials will be supplied by the Village)
$
/hr.
10
TREE TRIMMING /REMOVAL (Work not governed by
the contract specifications)
$
/hr.
Authorized Representative's Signature
Name:
Page: 23
Position:
Date
RFP EXHIBIT "E"
CONFIRMATION OF DRUG -FREE WORKPLACE
In accordance with Section 287.087, Florida Statutes, whenever two or more Proposals
are equal with respect to price, quality, and service which are received by any political
subdivision for the procurement of commodities or contractual services, a proposal received
from a business that certifies that it has implemented a drug -free workplace program shall be
given preference in the award process. In order to have a drug -free workplace program, a
business shall:
(1) Publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
workplace and specifying the actions that will be taken against employees for violations of such
prohibition.
(2) Inform employees about the dangers of drug abuse in the workplace, the
business's policy of maintaining a drug -free workplace, any available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
(3) Give each employee engaged in providing the commodities or contractual
services that are under proposal a copy of the statement specified in subsection (1).
(4) In the statement specified in subsection (1), notify the employees that, as a
condition of working on the commodities or contractual services that are under proposal, the
employee will abide by the terms of the statement and will notify the employer of any conviction
of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than 5 days after such conviction.
(5) Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community by, any
employee who is so convicted.
(6) Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign this statement on behalf of
I certify that complies fully with the above requirements.
Authorized Representative's Signature
Name:
Page: 24
Position:
Date
REQUEST FOR PROPOSAL
EXHIBIT "F"
STANDARD VILLAGE CONTRACT
CONTRACT FOR MOWING AND LANDSCAPE MAINTENANCE SERVICES
FOR THE VILLAGE OF NORTH PALM BEACH
This Contract is made as of the day of 2007, by and between the
VILLAGE OF NORTH PALM BEACH, a municipal corporation organized and existing under the laws of
the State of Florida, by and through its Village Council, hereinafter referred to as the VILLAGE, and
, an individual or corporation authorized
to do business in the State of Florida, hereinafter refereed to as the CONTRACTOR, whose Federal I.D. is
In consideration of the promises and mutual covenants herein contained, it is hereby agreed that the
CONTRACTOR shall provide to the VILLAGE all work necessary for the maintenance of the Village
Municipal Golf Course pursuant to the terms and conditions of this Contract.
SECTION 1: GOODS AND SERVICES OF THE CONTRACTOR.
A. The CONTRACTOR shall provide all goods and services necessary for the maintenance of the Village
Municipal Golf Course as required under the VILLAGE's Request for Proposal and the CONTRACTOR's
proposal thereto, which are attached hereto and incorporated herein by reference and to that degree of care
and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing
in the same or similar locality at the time the services are provided.
B. The goods and services to be provided by the CONTRACTOR shall be commenced subsequent to the
execution and approval of this Contract and upon written notice from the VILLAGE to proceed.
SECTION 2: TERM OF CONTRACT.
A. This Contract shall be for an initial term of three (3) years from the date first written above unless
earlier terminated in accordance with the terms and conditions stated herein. The initial term of this
Contract shall automatically extend for an additional two (2) years unless either party notifies the other
party at least ninety (90) days prior to the end of the initial term that it does not desire to have the
Contract automatically extend for another two (2) years.
B. The CONTRACTOR shall not be entitled to an increase in the agreed to compensation in this Contract
or payment or compensation of any kind from the VILLAGE for direct, indirect, consequential, impact or
other costs, expenses or damages.
SECTION 3: VILLAGE'S REPRESENTATIVE. Unless otherwise specified by the VILLAGE, the
VILLAGE's representative shall be Wiley Livingston, Director of Public Works. The Village Manager or
Village Representative shall have the right at all reasonable times during the term of this Contract to
inspect or otherwise evaluate the work being performed thereunder and the premises in which it is being
performed.
Page: 25
SECTION 4: COMPENSATION AND METHOD OF PAYMENT
A. The VILLAGE agrees to compensate the CONTRACTOR in accordance with CONTRACTOR's
proposal attached hereto and incorporated by reference herein. The total and cumulative amount of this
Contract shall not exceed the amount stated in CONTRACTOR's proposal.
B. In order for both parties herein to close their books and records, CONTRACTOR will clearly state
"final invoice" on the CONTRACTOR's final /last billing to the VILLAGE. This certifies that all goods
and services have been properly performed and all charges have been invoiced to the VILLAGE. Since
this account will thereupon be closed, any and other further charges if not properly included in this final
invoice are waived by the CONTRACTOR. The VILLAGE will not be liable for any invoice from the
CONTRACTOR submitted thirty (30) days after the provision of all goods and services.
SECTION 5: INDEMNIFICATION.
A. The CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its agents,
servants, and employees from and against any and all claims, liability, losses, and /or cause of action
which may arise from any negligent act or omission of the CONTRACTOR, its agents, servants, or
employees in the performance of services under this Contract.
B. The CONTRACTOR further agrees to indemnify, save harmless and defend the VILLAGE, its agents,
servants and employees from and against any claim, demand or cause of action of whatsoever kind or
nature arising out of any conduct or misconduct of the CONTRACTOR its agents, servants, or employees
not included in the paragraph above and for which the VILLAGE, its agents, servants or employees are
alleged to be liable.
C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in
favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract be
construed a waiver of sovereign immunity beyond the waiver provided in § 768.28, Florida Statutes.
SECTION 6: PERSONNEL.
A. The CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel,
which may include the hiring of Village employees, required to perform the services under this Contract.
B. All of the services required hereunder shall be performed by the CONTRACTOR or under its
supervision, and all personnel engaged in performing the services shall be fully qualified and, if required,
authorized or permitted under state and local law to perform such services.
C. All of the CONTRACTOR's personnel (and all sub - contractors) while on VILLAGE premises, will
comply with all VILLAGE requirements governing conduct, safety, and security.
SECTION 7: TERMINATION.
This Contract may be cancelled by the CONTRACTOR upon thirty (30) days prior written notice to the
VILLAGE's representative in the event of substantial failure by the VILLAGE to perform in accordance
with the terms of this Contract through no fault of the CONTRACTOR. It may also be terminated, in
whole or in part, by the VILLAGE without cause upon thirty (30) days written notice to the
CONTRACTOR. The VILLAGE may also terminate this Contract with written notice of cause to the
CONTRACTOR, who fails to cure such cause within ten (10) days of the receipt of the VILLAGE's
notice. Unless the CONTRACTOR is in breach of this Contract, the CONTRACTOR shall be paid for
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services rendered to the VILLAGE's satisfaction through the date of termination. After receipt of a
Termination Notice and except as otherwise directed by the VILLAGE, the CONTRACTOR shall:
A. Stop work on the date and to the extent specified;
B. Terminate and settle all orders and subcontracts relating to the performance of the terminated
work;
C. Transfer all work in progress, completed work, and other materials related to the terminated work
to the VILLAGE; and
D. Continue and complete all parts of the work that have not been terminated.
SECTION 8: FEDERAL AND STATE TAX. The VILLAGE is exempt from payment of Florida State
Sales and Use Tax. Unless purchased directly by the VILLAGE, the CONTRACTOR shall not be
exempted from paying sales tax to its suppliers for materials used to fill contractual obligations with the
VILLAGE, nor is the CONTRACTOR authorized to use the VILLAGE's Tax Exemption Number in
securing such materials.
SECTION 9: INSURANCE.
A. Prior to commencing any work, the CONTRACTOR shall provide certificates evidencing insurance
coverage as required hereunder. All insurance policies shall be issued by companies authorized to do
business under the laws of the State of Florida. The Certificates shall clearly indicate that the
CONTRACTOR has obtained insurance of the type, amount, and classification as required for strict
compliance with this Section and that no material change or cancellation of the insurance shall be
effective without thirty (30) days' prior written notice to the VILLAGE's representative. Failure to
comply with the foregoing requirements shall not relieve the CONTRACTOR of its liability and
obligations under this Contract.
B. The CONTRACTOR shall maintain, during the life of this Contract, commercial general liability,
including contractual liability insurance in the amount of $500,000 per occurrence or $1,000,000 in
aggregate to protect the CONTRACTOR from claims for damages for bodily and personal injury,
including wrongful death, as well as from claims of property damages which may arise from any
operations under this Contract, whether such operations be by the CONTRACTOR or by anyone directly
employed by or contracting with the CONTRACTOR.
C. The CONTRACTOR shall maintain, during the life of this Contract, comprehensive automobile
liability insurance in the minimum amount of $500,000 combined single limit for bodily injury and
property damages liability to protect the CONTRACTOR from claims for damages for bodily and
personal injury, including death, as well as from claims for property damage, which may arise from the
ownership, use, or maintenance of owned and non -owned automobiles, including rented automobiles
whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the
CONTRACTOR.
D. The parties to this Contract shall carry Workers' Compensation Insurance and Employer's
Liability Insurance for all employees as required by Florida Statutes. In the event that a party does not
carry Workers' Compensation Insurance and chooses not to obtain same, then such party shall in
accordance with Section 440.05, Florida Statutes, apply for and obtain an exemption authorized by the
Department of Insurance and shall provide a copy of such exemption to the VILLAGE.
E. All insurance, other than Worker's Compensation, to be maintained by the CONTRACTOR shall
specifically include the VILLAGE as an Additional Insured.
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SECTION 10: SUCCESSORS AND ASSIGNS. The VILLAGE and the CONTRACTOR each binds
itself and its partners, successors, executors, administrators, and assigns to the other party of this Contract
and to the partners, successors, executors, administrators and assigns of such other party, in respect to all
covenants of this Contract. Except as above, neither the VILLAGE nor the CONTRACTOR shall assign,
sublet, convey or transfer its interest in this Contract without the written consent of the other. Nothing
herein shall be construed as creating any personal liability on the part of any officer or agent of the
VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or benefits
hereunder to anyone other than the VILLAGE and the CONTRACTOR.
SECTION 11: DISPUTE RESOLUTION, LAW, VENUE AND REMEDIES.
This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to
enforce the Contract will be held in Palm Beach County. No remedy herein conferred upon any party is
intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and
shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity
or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy
hereunder shall preclude any other or further exercise thereof.
SECTION 12: INDEPENDENT CONTRACTOR RELATIONSHIP. The CONTRACTOR is, and shall
be, in the performance of all Services under this Contract, an Independent CONTRACTOR, and not an
employee, agent, or servant of the VILLAGE. All persons engaged in any of the Services performed
pursuant to this Contract shall at all times, and in all places, be subject to the CONTRACTOR'S sole
direction, supervision, and control. The CONTRACTOR shall exercise control over the means and
manner in which it and its employees perform the Services.
SECTION 13: ACCESS AND AUDITS. The CONTRACTOR shall maintain adequate records to
justify all charges, expenses, and costs incurred in estimating and performing the Services for at least
three (3) years after completion of this Contract. The VILLAGE shall have access to such books, records,
and documents as required in this section for the purpose of inspection or audit during normal business
hours, at the CONTRACTOR's place of business. In no circumstances will CONTRACTOR be required
to disclose any confidential or proprietary information regarding its products and service costs.
SECTION 14: NONDISCRIMINATION. The CONTRACTOR warrants and represents that all of its
employees are treated equally during employment without regard to race, color, religion, disability, sex,
age, national origin, ancestry, marital status, or sexual orientation.
SECTION 15: ENFORCEMENT COSTS. If any legal action or other proceeding is brought for the
enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in
connection with any provisions of this Contract, the successful or prevailing party or parties shall be
entitled to recover reasonable attomey's fees, court costs and all expenses (including taxes) even if not
taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to
appeals), incurred in that action or proceeding, in addition to any other relief to which such party or
parties may be entitled.
SECTION 16: SEVERABILITY. If any term or provision of this Contract, or the application thereof to
any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this
Contract, or the application of such terms or provision, to persons or circumstances other than those as to
which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this
Contract shall be deemed valid and enforceable to the extent permitted by law.
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SECTION 17: MODIFICATIONS OF WORK
A. The VILLAGE reserves the right to make changes in the work, including alterations, reductions
therein or additions thereto. Upon receipt by the CONTRACTOR of the VILLAGE's notification of a
contemplated change, the CONTRACTOR shall, in writing: (1) provide a detailed estimate for the
increase or decrease in cost due to the contemplated change, (2) notify the VILLAGE of any estimated
change in the completion date, and (3) advise the VILLAGE if the contemplated change shall effect the
CONTRACTOR's ability to meet the completion dates or schedules of this Contract.
B. If the VILLAGE so instructs in writing, the CONTRACTOR shall suspend work on that portion of the
work affected by the contemplated change, pending the VILLAGE's decision to proceed with the change.
C. If the VILLAGE elects to make the change, the VILLAGE shall initiate a Contract Amendment and
the CONTRACTOR shall not commence work on any such change until such written amendment is
signed by the CONTRACTOR and approved and executed by the Village of North Palm Beach.
SECTION 18: PUBLIC ENTITY CRIMES. CONTRACTOR acknowledges and agrees that a person or
affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity;
may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of
a public building or public work; may not submit bids, proposals, or replies on leases of real property to a
public entity; may not be awarded or perform work as a contractor, supplier, sub - contractor, or
CONTRACTOR under a contract with any public entity; and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017, Florida Statues, for CATEGORY
TWO for a period of 36 months following the date of being placed on the convicted vendor list. The
CONTRACTOR will advise the VILLAGE immediately if it becomes aware of any violation of this
statute.
SECTION 19: PROTECTION OF WORK AND PROPERTY
A. The CONTRACTOR shall continuously maintain adequate protection of all work from damage, and
shall protect the VILLAGE's property from injury or loss arising in connection with the Contract. Except
for any such damage, injury, or loss, except that which may be directly due to errors caused by the
VILLAGE or employees of the VILLAGE, the CONTRACTOR shall provide any necessary materials to
maintain such protection.
B. Until acceptance of the work by the VILLAGE, the VILLAGE's property shall be under the charge
and care of the CONTRACTOR and the CONTRACTOR shall take every necessary precaution against
injury or damage to the work by the action of elements or from any other cause whatsoever, and the
CONTRACTOR shall repair, restore and make good, without additional work occasioned by any of the
above causes before its completion and acceptance.
C. The CONTRACTOR will also take every necessary precaution to ensure the safety of the VILLAGE,
public and other guests and invitees thereof at or near the areas where work is being accomplished during
and throughout the completion of all work.
SECTION 20: WARRANTY /GUARANTY. CONTRACTOR warrants that its goods and services
under this Contract will be free of defects in materials and workmanship for a period of one year
following the provision of said goods and services.
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SECTION 21: COMPLIANCE WITH LAWS. CONTRACTOR shall, in performing the services
contemplated by this Contract, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this Contract.
SECTION 21: NOTICE. All notices required in this Contract shall be sent by certified mail, return
receipt requested, and if sent to the VILLAGE shall be mailed to:
Village of North Palm Beach
Attn: Jimmy Knight, Village Manager
Village Hall
501 US Highway 1
North Palm Beach, FL 33408
and if sent to the CONTRACTOR shall be mailed to:
The foregoing names and addresses may be changed if such change is provided in writing to the other
party.
SECTION 22: ENTIRETY OF CONTRACTUAL AGREEMENT. The VILLAGE and the
CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that
there are no promises or understandings other than those stated herein. None of the provisions, terms and
conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except
by written instrument executed by the parties hereto. In the event of a conflict between this Contract and
the VILLAGE's Request for Proposal and the CONTRACTOR's proposal, this Contract shall take
precedence with the VILLAGE's Request for Proposal taking precedence over the CONTRACTOR's
proposal. All such documents shall be read in a manner so as to avoid a conflict.
SECTION 23: WAIVER. Failure of a party to enforce or exercise any of its right(s) under this Contract
shall not be deemed a waiver of that parties' right to enforce or exercise said right(s) at any time
thereafter.
SECTION 24: PREPARATION. This Contract shall not be construed more strongly against either party
regardless of who was more responsible for its preparation.
SECTION 25: SURVIVABILITY. Any provision of this Contract which is of a continuing nature or
imposes an obligation which extends beyond the term of this Contract shall survive its expiration or
earlier termination.
SECTION 26: WAIVER OF SUBROGATION. CONTRACTOR hereby waives any and all rights to
Subrogation against the VILLAGE, its officers, employees and agents for each required policy. When
required by the insurer, or should a policy condition not permit an insured to enter into a pre -loss
agreement to waive subrogation without an endorsement, then CONTRACTOR shall agree to notify the
insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against
Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a
condition to the policy specifically prohibits such an endorsement, or voids coverage should
CONTRACTOR enter into such an agreement on a pre -loss basis.
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IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this
Contract for golf course maintenance services as of the day and year first above written.
BY:
Print Name:
Position:
VILLAGE OF NORTH PALM BEACH
BY:
EDWARD M. EISSEY, MAYOR
ATTEST:
BY:
MELISSA TEAL, VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
VILLAGE ATTORNEY
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VILLAGE RFP AND CONTRACTOR'S PROPOSAL
TO BE ATTACHED AS EXHIBITS
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