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2008-064 Parks Maintenance ProposalRESOLUTION 2008-64 • 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 THE LANDSCAPE MAINTENANCE OF VILLAGE PARKS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AGREEMENT RELATING TO SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village advertised a Request for Proposals ("RFP") for the Landscape Maintenance of Village Parks; and WHEREAS, each proposal received by the Village was evaluated by members of Village Administration based on the 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. at an initial annual cost of $307,483.68 with funds to be expended from Village Account # A8023-33491 (Pazks -Contractual Services). 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 and incorporated herein by reference. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 25th DAY OF SEPTEMBER 2008. (Village Seal) ATTES')'t ~~~~~ MAYOR VILLAGE CLER~ CONTRACT FOR PARK LANDSCAPE MAINTENANCE FOR THE VILLAGE OF NORTH PALM BEACH This Contract is made as of the ~~[ day of September, 2008, 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 TOTAL MAINTENANCE BUILDING SERVICES, INC, a Florida corporation, hereinafter referred to as the CONTRACTOR, whose Federal I.D. is 650428580. 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 landscape maintenance of the Village parks 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 Parks as required under the VILLAGE'S Request for Proposal ("RFP") and the CONTRACTOR'S proposal submitted in response thereto ("Proposal"). A copy of the RFP is attached hereto as Exhibit "A" and is incorporated herein by reference. A copy of the Proposal is attached hereto as Exhibit "B" and is incorporated herein by reference. B. The CONTRACTOR shall perform the services contemplated by this Contract to that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similaz locality at the time the services are provided. C. The services to be provided by the CONTRACTOR shall commence 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 two (2) years from October 1, 2008, unless earlier terminated in accordance with the terms and conditions stated herein. The term of this Contract shall automatically renew for additional one (1) year terms unless either party notifies the other party at least ninety (90) days prior to the end of any term that it does not desire to have the Contract automatically extend or either party terminates the Contract as provided in Section 7 below. B. Except as specifically provided herein, 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. SECTION 4: COMPENSATION AND METHOD OF PAYMENT. A. The VILLAGE agrees to compensate the CONTRACTOR in accordance with CONTRACTOR's Proposal. B. The total amount of compensation to be paid by the VILLAGE to the CONTRACTOR on an annual basis (from October 1~` to September 30'") shall be $307,483.68, which represents the total cost set forth in the Proposal. c C. CONTRACTOR shall invoice the VILLAGE on the first day of each month, commencing October 1, 2008, an amount equal to one-twelfth (1/12`") of the annual compensation due. Payment for same shall be due on the fifteenth (15th) day of each month. Should CONTRACTOR'S services not commence on October 1, 2008, the invoice for the month of October shall be prorated. D. In order for both parties herein to close their books and records, CONTRACTOR will cleazly state "final invoice" on the CONTRACTOR'S finaUlast 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: ADNSTMENTS TO ANNUAL COMPENSATION. A. During each year of the Contract after the first year ("successor year"), the compensation set forth above shall be adjusted in accordance with the changes in the Consumer Price Index for All Urban Consumers for the South ("CPP') as promulgated by the Bureau of Labor Statistics of the United States. The change in the CPI shall be calculated as of April 1~` of each successor year, using the prior year as the base year. The annual compensation for each successor year shall be adjusted by multiplying the annual compensation for the base year by a percentage which is equal to the difference between the CPI for the base year as of April 1 s` with the CPI of each successor year as of April I~" and shall become effective October lu. Notwithstanding the foregoing, the maximum increase in annual compensation shall be five percent (5%). B. The VILLAGE shall be responsible for calculating the annual compensation adjustments based upon the CPI and establish the appropriate annual payment due to the CONTRACTOR. The VILLAGE shall provide CONTRACTOR with the new annual compensation amount no later than September 15m of each year. C. In the event the Consumer Price Index ceases to incorporate a significant number of items, or if a substantial change is made in the method of establishing the Consumer Price Index, then the Consumer Price Index shall be adjusted to the figure that would have resulted had no change occurred in the manner of computing the Consumer Price Index. In the event that such Consumer Price Index, or a successor or substitute index, is not available, a reliable governmental or other nonpartisan publication, evaluating the information for use in determining the Consumer Price Index, shall be used in lieu of the Consumer Price Index. SECTION 6: INDEMNIFICATION. A. To the fullest extent permitted by applicable laws and regulations, the CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees from and against any and all claims, liability, losses, and/or causes of action arising out of or in any way related to the services furnished by the CONTRACTOR pursuant to this Contract, including, but not limited to, those caused by or arising out of any act, omission, negligence or default of the CONTRACTOR and/or its subcontractors, agents, servants or employees. B. The CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents, servants and employees when the occurrence results solely from the wrongful acts or omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive completion of all services, obligations and duties provided for in this Contract as well as the termination of this Agreement for any reason. 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 VIhLAGE or the CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the waiver provided in § 768.28, Florida Statutes. °lr SECTION 7: 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. D. All of CONTRACTOR'S personnel shall undergo the standard VILLAGE background investigation. The VILLAGE shall conduct such background investigation on behalf of CONTRACTOR, and CONTRACTOR shall reimburse the VILLAGE for all costs associated with such investigation. SECTION 8: TERMINATION. A. Termination with cause. The CONTRACTOR may terminate this Contract 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. The VILLAGE may terminate this Contract with written notice of cause to the CONTRACTOR, who fails to cure such cause within five (5) days of the receipt of the VII.,LAGE's notice. After receipt of a Termination Notice and except as otherwise directed by the VILLAGE, the CONTRACTOR shall: 1. Stop work on the date and to the extent specified; and 2. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. B. Termination without cause. The Contract may also be terminated by the VILLAGE or by the CONTRACTOR without cause upon ninety (90) days written notice to the other party. C. 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. SECTION 9: FEDERAL AND STATE TAX. The VILLAGE is exempt from payment of Florida State Sales and Use Tax. Unless purchased du•ectly 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 10: INSURANCE. A. Prior to commencing any work, the CONTRACTOR shall provide certificates evidencing insurance coverage as required pursuant to the RFP. 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. All insurance, other than Worker's Compensation, to be maintained by the CONTRACTOR shall specifically include the VILLAGE as an Additional Insured. 6 SECTION 11: 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 12: 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 13: 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 14: 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 15: NONDISCRINIlNATION. 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 16: ENFORCEMENT COSTS. If any legal acfion 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 limitafion, 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 19: 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. 6 SECTION 18: 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 19: 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~rovided in_S_ection_287.0_17,_Florida_Statues,_for CATEGORY TWO~ora_period_of_3.6 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 20: 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. The CONTRACTOR will also take every necessary precaufion 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 21: 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. SECTION 22: COMPLIANCE WI'T'H 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 23: NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to the VII,LAGE shall be mailed to: Village of North Palm Beach Attn: Jimmy Knight, Village Manager Village Hall 501 U.S. Highway One North Palm Beach, FL 33408 and if sent to the CONTRACTOR shall be mailed to: Total Maintenance Building Services, Inc. Attn: Ed Galbraith, President 3690 Consumer Street West Palm Beach F133404 The foregoing names and addresses may be changed if such change is provided in writing to the other party. SECTION 24: ENTIRETY OF CONTRACTUAL AGREEMENT. The VILLAGE and the CONTRACTOR agee 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, teens and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. 1n the event of a conflict between this Contract and the VII,LAGE's RFP and the CONTRACTOR'S proposal, this Contract shall take precedence. All such documents shall be read in a manner so as to avoid a conflict. SECTION 25: 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 26: PREPARATION. This Contract shall not be construed more strongly against either party regardless of who was more responsible for its preparation. SECTION 27: SURVIVABILITY. Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the teen of this Contract shall survive its expiration or earlier termination. SECTION 28: 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 inswer 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. SECTION 29: FORCE MAJEURE. In the event of unpreventable acts or occurrences wholly beyond the control of and unattributable to the CONTRACTOR, including, by way of example, acts of God, fire, flood, riots, waz, terrorist activities, hurricanes or other severe and unforeseen storm events ("Force Majeure Events"), prevent the CONTRACTOR from performing the services contemplated by this Contract, the CONTRACTOR shall be excused from performance under the terms of this Contract during the duration of the Event and the VILLAGE shall be relieved from payment for such services. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract for park landscape maintenance services as of the day and year Fu•st above written. ~~ ' ~bTAL M By: G ~.. ~. Print Name: ." WITNESSED BY: Print Name: SERVICES, INC. ~.G.~J~~~~.~,~~ VILLAGE OF NORTH PALM BEACH "'WILLIAM MANUE . ~ ~ ;.', MA,1jOR iATTE,$Ta ~,`, ; ~., '~~t ,, 'BY: ' ire%/~~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: VILLAGE ATTORNEY VII.LAGE RFP AND CONTRACTOR'S PROPOSAL TO BE ATTACHED AS EXHIBITS REQUEST FOR PROPOSALS FOR LANDSCAPE MAINTENANCE OF VILLAGE PARKS VILLAGE OF NORTH PALM BEACH 501 U.S. HIGHWAY ONE NORTH PALM BEACH, FLORIDA 33408-4906 ADVERTISEMENT, INSTRUCTIONS FOR PROPOSALS SPECIFICATIONS, PROPOSAL FORMS ADVERTISEMENT The Village of North Palm Beach will be receiving sealed proposals for the furnishing of labor, Landscape Maintenance of Village Parks equipment and materials for the at the Village Manager’s Office, Village Hall, 501 U.S. Highway One, North Palm Beach, Florida, until: 2:00 P.M. September 17, 2008 Time Date at which time they will be opened and read in public in the Village Hall conference room. 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: Landscape Maintenance of Village Parks SEALED PROPOSAL: VENDOR’S NAME: __________________________________________ VENDOR’S ADDRESS: OPENING DATE: September 17, 2008 at 2:00 P.M. AND TIME: 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, 645 Prosperity Farms Road, North Palm Beach, FL 33408 or from the Village website at: www.village-npb.org. THE VILLAGE OF NORTH PALM BEACH Jimmy Knight, Village Manager PUBLISH: PALM BEACH POST DATE: AUGUST 31, 2008 REQUEST FOR PROPOSALS FOR LANDSCAPE MAINTENANCE OF VILLAGE PARKS 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 2:00 P.M. EST Landscape Maintenance of Village Parks (as more fully described herein) until on September 17, 2008 , at the Village Manager’s Office, Village Hall, 501 U.S. Highway One, 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 September 9, 2008 . 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 Exhibit “A” Public Entity Crimes Statement Exhibit “B” Proposer’s Acknowledgement Exhibit “C” Proposal Form and Unit Prices Exhibit “D” Drug Free Workplace Exhibit “E” Standard Village Contract Exhibit “F” This RFP is available for review and printing from the Village’s web site: www.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 e-mailed proposals are not acceptable. The face of the Page 1 sealed 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. Wiley Livingston, All questions regarding this RFP must be submitted in writing to Director of Public Works by fax to 561-626-5869 or by e-mail to wlivingston@village-npb.org 7 days at least prior to the proposal opening. If any 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 to and/or an oral interview with 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 selected proposer has obtained insurance of the type, amount, and classification as Page 2 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, business tax receipts 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 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 services to a public entity; may not submit a bid, proposal, or reply on a contract with a public Page 3 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 I. All information provided in the proposal is true and correct in all respects. Page 4 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 submitted in a clear, concise format, on 8½ 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 RFP Exhibit “B” Proposer’s Acknowledgement RFP Exhibit “C” Proposal Form RFP Exhibit “D” Drug Free Workplace RFP Exhibit “E” 2. Additional Information: A.Proposer’s References : The proposer shall submit a list of no more than six (6) 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. C. Equipment : The proposer shall provide a list of equipment that is available to perform the services included within the Scope of Services. Page 5 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 BLANK] Page 6 RFP EXHIBIT “A” SCOPE OF WORK The Village of North Palm Beach, Florida, (Village) is seeking proposals from a qualified company or individual having experience in landscape maintenance and baseball/softball/soccer turf and clay field preparation with the ability to commence work, in accordance with the minimum specifications stated herein, on or about October 1, 2008. I. SPECIFICATIONS The following are the general specifications covering the mowing and maintenance of parks grounds landscaping and ball fields 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, pesticide/herbicide application and dragging/leveling of clay fields. 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 will be responsible with coordinating maintenance schedule with the Recreation Department so as not to conflict with any scheduled activity, including, but not limited to, baseball, softball or soccer leagues. 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. Page 7 THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE TO OBSERVE ALL APPLICABLE FDOT MAINTENANCE OF TRAFFIC STANDARDS WHEN WORKING WITHIN THE ROAD 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 in such a manner 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. SECTION ONE: TURFGRASS A. MOWING 1.MOWING FREQUENCY: All turf grass 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 ’08 (1, 8, 15, 22, 29) 5 cuts minimum November ’08 (12, 26) 2 cuts minimum December ’08 (10, 24) 2 cuts minimum January ’09 (7, 21) 2 cuts minimum February ’09 (4, 18) 2 cuts minimum March ’09 (4, 18) 2 cuts minimum April ’09 (1, 8, 15, 22, 29) 5 cuts minimum May ’09 (6, 13, 20, 27) 4 cuts minimum June ’09 (3, 10, 17, 24) 4 cuts minimum July ’09 (1, 8, 15, 22, 29) 5 cuts minimum August ’09 (5, 12, 19, 26) 4 cuts minimum September ’09 (2, 9, 16, 23) 4 cuts minimum 41 Total Services Fiscal Year 08/09 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. Page 8 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”- 3 1/2” 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. 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, other facilities and adjacent properties. B. EDGING: “Edge” is defined as a sharp, distinct, visually discernable vertical line of sod at all junctions of turf grass 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 monthly. 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: All impervious Weed control shall be performed in St. Augustine turf grass and landscape beds. concrete and asphalt areas, such as sidewalks, curbs, aprons, and basketball and racquetball courts shall be maintained free of weeds. Page 9 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, basketball and racquetball courts and any cracks within the non-pervious material. b. Manufacturer label rates, safety precautions and disposal directions shall be strictly adhered to. 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. Page 10 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. 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. Page 11 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,, 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. 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. Page 12 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. 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. 2SPIKE FORM ONLY! . Washingtonia Palms: (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. Page 13 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. 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. Page 14 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. 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: BALLFIELDS : A. MOWING 1. MOWING FREQUENCY: Bermuda grass areas shall be mowed one to two times per week at a height of cut that does not cause undue stress to the turf. 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, clay infields and base paths, 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. e. 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. f. Mowing must be performed in a timely and systematic fashion in order to maintain the integrity and appearance of the ball field. 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 DAMAGE SPRINKLER HEADS, valves, manifolds, or other facilities. Page 15 B. EDGING: “Edge” is defined as a sharp, distinct, visually discernable vertical line of sod at all junctions of turf grass and any other material such as clay. 1. EDGING FREQUENCY: Edging shall be done with every cut. 2. EDGING GENERAL: a. Mechanically edge all turf edges abutting clay surfaces. b. A mechanical blade edger shall be used for all edging. Edging with string-type trimmers is not permitted. c. Dirt and debris produced by edging or trimming shall be removed and swept from adjacent hard surfaces. NO CHEMICAL EDGING SHALL BE PERMITTED d. . C. FERTILIZATION: Bermuda grass will be fertilized on a quarterly basis with the analysis or ratios of N, P, & K determined by soil and tissue testing. Additional minor nutrients will be applied as monthly foliar applications in addition to what is available in the granular fertilizer. D. AERIFICATION: Bermuda grass will be aerified to provide the soil with proper air, water, and soil ratio. FREQUENCY: Aerification will be performed one time during the summer months. E. VERTICUTTING: Bermuda grass will be vertically cut to remove thatch that has built up over the course of the year FREQUENCY: Verticutting will be performed once during the growing season. SECTION ELEVEN: INFIELD MAINTENANCE A. RAKING/DRAGGING: Clay infields will be mechanically raked to maintain a level playing surface. 1. FREQUENCY: Raking of infields and base paths will be performed once a week. Clay infields will be scarified (turned up) and leveled once a year. 2. RAKING GENERAL: a. Water will be applied to all clay surfaces prior to performing maintenance. Page 16 b. Raking will be performed utilizing a mechanical device. c. Raking around pitching mound, home plate, bases and base paths will be performed by utilizing a bow rake. d. All low areas requiring additional fill will be supplemented with clay stockpiled at the parks. This stockpiled material will be covered per NPDES regulations and kept weed free. SECTION TWELVE: 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 BLANK] Page 17 II. LIST OF MAINTENANCE AREAS: LOCATIONST. AUGUSTINE/BAHIA (sq. ft.) BERMUDA (sq. ft.) Lakeside Park 214,631 0 Anchorage Park 352,156 63,411 Osborne Park 19,891 182,256 St. Clare Ballfield 61,300 247,786 Community Center 202,038 137,005 Total square footage 850,016 630,458 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: _______________________) Florida Statutes 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), , 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. Florida 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), 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. Florida Statutes 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), , 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. Florida Statutes 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), , means any natural person or entity organized under the laws of any state or of the United States with the legal power Page 19 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 (indicate which statement applies.) the entity submitting this sworn statement. _______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 sworn statement on the (attach a copy of the final order) convicted vendor list. 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 ______________, 2008 by ______________________, who is personally known to me or produced ______________________ as identification. ____________________________ Notary Public My Commission Expires: Page 20 RFP EXHIBIT “C” PROPOSER’S ACKNOWLEDGMENT SUBMIT ONE ORGINAL AND (___) 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 Parks PRIOR TO 2:00 P.M. on September 17, 2008, Proposal must be received at which time Proposals will be opened. Proposer’s Name:_____________________________________________________________ (Please specify if a corporation, partnership, other entity or individual) Fed. ID# or SSN:_______________________ Address:______________________________________________________________________ Telephone No.:______________________ Fax Number:_______________________ Contact representative:___________________________________ 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 Date ________________________________________ __________________________________ Name: Position: Page 21 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 Landscape Maintenance of Village Parks, the undersigned proposes the following to the Village of North Palm Beach: ____________________________________ (proposer’s legal name) certifies that it is licensed to perform the requested services in the State of Florida and Palm Beach County. Applicable License number(s):_______________________________________. 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: 1. 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 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 Date ________________________________________ __________________________________ Name: Position: Page 23 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 Date ________________________________________ __________________________________ Name: Position: Page 24 REQUEST FOR PROPOSAL EXHIBIT “F” STANDARD VILLAGE CONTRACT CONTRACT FOR LANDSCAPE MAINTENANCE OF PARKS VILLAGE OF NORTH PALM BEACH This Contract is made as of the _______ day of _____________, 2008, 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 landscape maintenance of Village Parks 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 landscape maintenance of Village Parks 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 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. 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. 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. 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 22 : 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: Page 29 Village of North Palm Beach Attn: Jimmy Knight, Village Manager Village of North Palm Beach 501 U.S. Highway One 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 23 : 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 24 : 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 25 : PREPARATION. This Contract shall not be construed more strongly against either party regardless of who was more responsible for its preparation. SECTION 26 : 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 27 : 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 as of the day and year first above written. CONTRACTOR By: Print Name:__________________________ Position:_____________________________ VILLAGE OF NORTH PALM BEACH BY: ________________________________ WILLIAM MANUEL, MAYOR ATTEST: BY:________________________________ MELISSA TEAL, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: ________________________________ VILLAGE ATTORNEY Page 31 VILLAGE RFP AND CONTRACTOR’S PROPOSAL TO BE ATTACHED AS EXHIBITS Page 32 ;- 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 Landscape Maintenance of Village Parks, the undersigned proposes the following to the Village of North Palm Beach: ?B~n ~ ~"~'~~r'~u'7 x ~o?r if £.% (proposer's legal name) certifies that it is licensed to perform the requested services in the State of Florida and Palm Beach County. Applicable License number(s): ll N ~ ~; ~ ~ ~ ~ ~ Proposer agrees to provide the required services stated in the RFP for an amount not to exceed the following sum on an annual basis: ve.~ se~~w -~'~.~~sAw3 ~erl Written Dollar Amount ($ 30~ ysa_68 ) Section Two 6~ ~~-~ fit.-~~e ~ ~~ 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 azeas, the proposer agrees to the following unit prices: MOWING TURFGRASS (including all listed items) $ a I /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 hazdscape surfaces. 2. MOWING AND EDGING SURFACES ONLY $ I 0 ' /sq.ft. 3. WEED CONTROL (Sod) $~/sq.ft. 4. MULCH (Cypress shredded or equivalent) $ ~ ~ °~' /sq.yd. Page 22 ~a k ~.. 5. FERTILIZATION A. (15-5-15 at 3 applications per year) B. Shrubs & Groundcovers: (l0-]0-10 at 3 applications per year) C. Trees (including palm trees)(per tree) $ `'~C /1000 sq.ft. $ 4 q' /1000 sq.ft $ NN A /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 $ ~ g- /hr. 8. EQUIPMENT (Work not governed by the contract specifications): A. Chainsaw (Stihl model 026 or equivalent) $ ~ `- /hr. B. Chipper $ 5 °%/hr. C. Dump body truck $ N ~+ /mile $~/hr D. Pick-up truck $ ,~ tL /mile $~,5=-/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) $ y~$ ' /Iv, Authorized epresentative's Signature - i^ / ~~u~An n ~ • l~AL ~laU-~",Q Name: Page 23 The Village of North Palm Beach will be receiving sealed proposals for the furnishing of labor, equipment and materials for the Landscape Maintenance of Village Parks at the Village Manager's Office, Village Hall, 501 U.S. Highway One, North Palm Beach, Florida, until: 2:00 P.M. September 17.2008 Time Date at which time they will be opened and read in public in the Village Hall conference room. The resulting contract shall be awazded 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 mazked as follows: SEALED PROPOSAL: Landscape Maintenance of Village Parks VENDOR'S NAME: 7'v TA[ /11A1A/T s..UA.J cP dSU/i, r~~ns~ SVcS. i.~Q VENDOR'S ADDRESS: ~.o• /3ox ,9i~62 ~- g C,'an,of~-~.T F~ .~3vbtb OPENING DATE: September 17, 2008 at 2:00 P.M. 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, 645 Prosperity Farms Road, North Palm Beach, FL 33408 or from the Village website at: www.village_npb.org. THE VILLAGE OF NORTH PALM BEACH Jimmy Knight, Village Manager PUBLISH: PALM BEACH POST DATE: AUGUST 3l, 2008 ~' .tic[ ' [7~ccldis:~. cJ'~/uz'ccd, Js:c. 3690 Consumer St. West Palm Beach FL 33404 P.O. Box 31962 Palm Beach Gardens, FL33420 Phone 561-844-2744 Fax 561-624-4760 E-Mail EDTMBS a(~OL.com. September 17, 2008 Village of North Palm Beach Attn: Jimmy Knight 501 Us Hwy 1 North Palm Beach FI 33408 Re: RFP, Landscape Maintenance, Parks and Recreation Dear Mr. Knight, 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 today management. To that end, our list of services has grown to include lawn maintenance janitorial 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 an: available to provide any further information you might need in order to make your decision. Sin%/c ~ je/ ~` rye ` l ' y dwE~ and . G raith TOTA MAINTENANCE BUILDING SERVICES, INC. Total Maintenance Building Services Customer Reference List Ballen dsles Community Association 100 Ballen Isles Dr. Palm Beach Gardens, FL 33418 625-5724 Contact: Bob Davis Ballen Isles -Exclusive Residential Golf Community (Various special projects) City of Palm Beach Gardens 775-1005 Contact: Cindy Unger, Public Works Total Maintenance was given the contract for all municipal roadway maintenance in the Town Of Palm Beach Gardens. Areas include PGA Blvd., Military Trail, Holly Drive, ect. as well as the on and off ramps for I-95 @ both PGA and Northlake Blvd. Lost Tree ~l[a~e 622-7047 Contact: Sue Ferrell - (Common area Landscape Maintenance) Barclay Club i~ PGA Nationad 2328 South Congress Ave. West Palm Beach FL 33406 625-8588 Contact: Debbie St. Cour - 238 Single Family Homes (Common area Landscape Maintenance, Irrigation, Lawn & Ornamental Pest Control) ABACOA POA 103 So. U.S. Hwy 1 Suite F5-135 Jupiter FL, 33477 745-6400 Contact: Nader Salour (Common area Landscape Maintenance, Lawn & Ornamental Pest Control) Golf Alas ofPGA Sunrise Property Management 275 Toney Penna Dr. Suite 7 Jupiter, FI 33458 575-7792 Contact: Christine Cotrell - 357 Single Family Homes in a gated community (Common area Landscape Maintenance, Irrigation, Lawn & Ornamental Pest Control) New Haven (a, ABACOA Bristol Management 725 N. A1A Jupiter, FI 33477 575-3551 Contact: Pam Wynn - 505 Single Family Homes (Common area Landscape Maintenance, Lawn 8 Ornamental Pest Control) Thelsland (a,ABACOA Bristol Management 725 N. A1A Jupiter, FI 33477 575-3551 Contact: Diane Phillips - 175 Single Family Homes (Common area Landscape Maintenance, Lawn 8 Ornamental Pest Control) SeaBrook Place Coastal Property Management 329-2071 Contact: Beth Goin - 157 Attached Homes (Common area Landscape Maintenance, Lawn & Ornamental Pest Control) Windemere (7a, PGA National Bristol Management 725 N. A1A Jupiter, FI 33477 575-3551 Contact: Pam Wynn - 157 Attached Family Homes (Common area Landscape Maintenance, Lawn & Omamental Pest Control) Place of Hone Children's Home 9078 Isaiah Lane Palm beach Gardens FI 33418 775-7095 Contact: Charles Bender - 11 acre children's home (Common area Landscape Maintenance, Lawn 8 Omamental Pest Control Northern Palm Beach County Improvement District 357 Hyatt Dr. Palm Beach Gardens FI 33418 624-7830 Contact: Ken Roundtree - (Common area Landscape Maintenance, Lawn & Ornamental Pest Control) Riverwalk of the Palm Beaches Bristol Management 103 So. U.S. Hwy 1 Suite F5-135 Jupiter FL, 33477 697-7712 Contact: Jeff Green -1395 Single Family Homes (Common area Landscape Maintenance) Villaee Of North Palm Beach 645 Prosperity Farms Road North Palm Beach Gardens FL 33408 841-3355 Contact: Jorge Santos - (Common area Landscape Maintenance, Lawn 8 Ornamental Pest Control) RFP EXHIBIT "B" PUBLIC ENTITY CRIMES STATEMENT UNDER & 287.133, FLORIDA STATUTES 1. This sworn statement is submitted to the Village ofNorth Palm Beach, Florida r / by 1~7J !. R+:•.r'rr,- (print individual's name and title) for %e_'t`~.r : :;~i..::.~~r, . ._ .~. ~~ ~, ., _.. .. _ (print name of entity submitting sworn statement) whose business address isf~'+Jr',,~ ~~;,.,';j;:,{,;_~C'-~~,;;.i.,,, '.. Y1}2A 3G c,G Cw su n~trn S ~ i2i mew ,; i3c-r;.e, F~F F~ 37 c/pq~ and (if applicable) its Federal Employer Identification Number (FEIN) is: C=~ ' t'"'r (Tf 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(I)(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)(6), 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 ofjury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Pazagmph 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. 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 Page l9 to enter into binding contrail 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.) 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 H)ENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT HIS FORM IS VALH) THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH [T 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 THTS FORM. (Signature) Ed 6Ai6~~.,F/t The foregoing document as swom and subscribed before me this L~ day of F. 2008 by (a,~~iie ~ ~ ,who is personally known to me or produced as identification. G Notary lic My Commission Expires: dQt •H a BE7TYE N. GAI.BRpl7}{ * . MY COMMISSION t DD 663032 ~ EXPIRES: June 22, 2011 ~~OFFt~'~ 9cn0ee ThrvBuEget NOlary SeMcee Page 20 RFP EXHIBIT "C" PROPOSER'S ACKNOWLEDGMENT SUBMIT ONE ORGINAL AND (_[, 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 Parks Proposal must be received PRIOR TO 2:00 P.M. on September 17, 2008, at which time Proposals will be opened. ~, Proposer'sName: /~i rI c G27Ni;. ~c~,i;:~ • _ ~;t /d; ~;, ~ ,«,, ~~, / '/i'_. (Please specify if a corporation, partnership, other entity or individual) Fed. ID# or SSN: ~~~ C y ~ k S k!y Address: PO~y31~G ^~. d0.(. 6'i4CH ~~, d.,. ~} : ~,'JC~ ~~rht~ ~6ie C cie~i n«~. S`'r dl,Ii.fi.hl (:~ ~ ')i , Telephone No.: -`~~ ~ ~ q `~ u.'"1 Y~•' Fax Number: ~G ! G,2<,~ v-~ % J Contact representative: ~~ ~C l6i~ ~. , 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. S Name: ~(c r 9-i~-c~ Date Position: Page 21 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 aze 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 adrug-free workplace program shall be given preference in the award process. In order to have adrug-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 aze 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 polo 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 adrug-free workplace through implementation of this section. As the person authorized to sign this statement on behalf of ~°'~' ~- h~fi~ia; ~c-.,~+~.,~s,. ,~," •.. - ~, ~~:,_ . _ I certify that ior'yr sz:~;~,~;.,< </. -- ~ ; ~ ~ n. complies fully with the above requirements. Authorize epresentative's Si afore Date ~ ~ ~ _ ~a'f..nr~~^'> /~~~ Name: Position: Page 24 ACORDM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYVY) 05/13/2008 PRODUCER (561) 776-0660 FAX (561) 776-0670 Insurance Office of America, Inc. Abacoa Town Center THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1200 University Blvd., Ste 200 ]' ter, FL 33458 INSURERS AFFORDING COVERAGE NAIC # INS. .Total Maintenance Building Services Inc INSURER A: Crum & Forster Indemnity Co P 0 Box 31962 INSURER B: North River Ins. Co. Palm Beach Gardens, FL 33420 INSURER C: Nat'l Union Fire of Pittsburgh INSURER D: FL HOSpltal lty Mutual If15. CO. INSURER E: I:UV[ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOT . WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY X COMMERC 543712404-6 01/26/2008 01/26/2009 EACH OCCURRENCE $ 1,000.000 IAL GENERAL LIABILITY DAMAGE TO RENTED $ CL LOO, OOO AIMS MADE ~ OCCUR MED EXP (An ane ers $ A y p on) 5 , OOO PERSONAL 8 ADV INJURY $ 1, OOO , OOO GENERAL AGGREGATE $ GE N'L AGGREGAT 2,000, OOO E LIMIT APPLIES PER: POLICY JE PRODUCTS - COMPIOP AGG $ 2 , OOO, OOO CT LOC AUT OMOBILE LIABILITY 133725243-6 01/26/2008 01/26/2009 X ANV AUTO COMBINED SINGLE LIMIT (Ea accitlenp $ ALL OWNED 1, OOO, OOO AUTOS B SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON-OWNED AUTOS BODILY INJURY (Per accitlenQ $ PROPERTY DAMAGE $ (Per acci0enq GARAGE LIABILITY A AUTO ONLY-EA ACCIDENT $ NY AUTO EA ACC OTHER THAN $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY OCCUR ^ BE7533667 01/26/2008 01/26/2009 EACH OCCURRENCE $ 1,000,000 C CLAIMS MADE AGGREGATE $ I, OOO, OOO 8 DEDUCTIBLE RE TENTION $ 8 WORKERS COMPENSATION AND ' 3060020210 05/05/2008 05/05/2009 WC Srnru- oTH- EMPLOVERS LIABILITY D ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E. L. EACH ACCIDENT $ SOO,000 ' If yes, tlesaibe antler SPECI E. L. DISEASE-EA EMPLOYEE $ SOD, OOO AL PROVISIONS below OTHER E.L. DISEASE-POLICY LIMIT $ SOO,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES / E%CLUSIONS ADDED BV ENDORSEMENT I SPECIAL PROVISIONS Village of North Palm Beach to be named as additi l i ona nsured regarding General Liability as per written contract /°10 days notice of cancellation due to non-payment of premium CFRTIFICATP unl noo _ Village of North Palm Beach Village Public Works Director SOl US Highway 1 North Palm Beach, FL 33408 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL °a3O DAYS WRITTEN NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF qNY KIND UPON THE INSURER, ITS AGENTS OR REPRESEN' AUTHORIZED REPRESENTATIVE Tnnnv !'ems.., F....d /YOGI •v ~. ACORD 25 (2001108) ©ACORD CORPORATION 1988 REQUEST FOR PROPOSAL EXHIBIT "F" STANDARD VILLAGE CONTRACT CONTRACT FOR LANDSCAPE MAINTENANCE OF PARKS VILLAGE OF NORTH PALM BEACH This Contract is made as of the day of 2008, 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 LD. 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 landscape maintenance of Village Pazks pursuant to the terms and conditions of this Contract. SECTION 1: GOODS AND SERVICES OF THE CONTRACTOR A. The CONTRACTOR shall provide all goads and services necessary for the landscape maintenance of Village Parks 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 fmm 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 oe 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 finaUlast 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 VII,LAGE, 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 aze 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 perfomilng 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 terns 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 Contrnct 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 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 propeRy 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 Depardnent 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 parry of this Contract and to the partners, successors, executor;, 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 ffie 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 chazges, expenses, and costs incurred in estimating and performing the Services for at least three (3) years after completion of this Contact. The VILLAGE shall have access to such books, records, and documents as required in this section foe 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 aze 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 Contmct 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: (I) 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 [o 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 repay 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, oe 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 awaze 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. 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. 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 22: NOTICE. All notices required in this Contract shall be sent by certified mail, re[um receipt requested, and if sent to the VILLAGE shall be mailed to: Page 29 Village of North Palm Beach Attn: Jimmy Knight, Village Manager Village of North Palm Beach SOI U.S. Highway One North Palm Beach, FL 33408 and if sent to the CONTRACTOR shall be mailed to: ~QTAt lM,~~N'r ~, T.J f.. xt e, ~s t~141~_1°Jt ~,jn 'ygv?,'tC (?,~ .i.-,.~:::- P v, Eau 31tibg2 Pauu.. 6~act~ C~¢tVi~£,.-S ivy 3~an o The foregoing names and addresses may be changed if such change is provided in writing to the other party. SECTION 23: ENTTRETY 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 24: 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 25: PREPARATION. This Contract shall not be construed more strongly against either party regardless of who was more responsible for its preparation. SECTION 26: 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 27: 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 [o 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. Page 30 TN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and yeaz first above written. CONTRACTOR By: Print Name: VILLAGE OF NORTH PALM BEACH BY: WILLIAM MANUEL, MAYOR ATTEST: BY: MELISSA TEAL, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: VILLAGE ATTORNEY Page 31 RFP EXHIBIT "A" SCOPE OF WORK The Village of North Palm Beach, Florida, (Village) is seeking proposals from a qualified company or individual having experience in landscape maintenance and baseball/softball/soccer turf and clay field preparation with the ability to commence work, in accordance with the minimum specifications stated herein, on or about October 1, 2008. I. SP . IFI ATION The following are the general specifications covering the mowing and maintenance of pazks grounds landscaping and ball fields 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, pesticide/herbicide application and dragging/leveling of clay fields. Contractor agrees to famish 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 [raveling public, either pedestrian or vehiculaz. Failure to follow mandated safety practices or guidelines listed herein may result in termination for cause, at the Village's discretion. The Contractor will be responsible with coordinating maintenance schedule with the Recreation Department so as not to conflict with any scheduled activity, including, but not limited to, baseball, softball or soccer leagues. 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, impropertrimming/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. A(1 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 oetsonnel shall wear a safety vest with reflective striping when workine within the road rieht-of--way. Page 7 THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE TO OBSERVE ALL APPLICABLE FDOT MAINTENANCE OF TRAFFIC STANDARDS WHEN WORKING WITHIN TAE ROAD RIGHT-OF-WAY. No storage or provision for storage shall be made on site for maintenance equipment or materials. All vehicles shall be cleazly identified with the company name and/or logo and present a good appearance. Vehicles and equipment shall be parked in such a manner 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 SECTION ONE: TURFGRASS A. MOWING 1. MOWING FREQUENCY: All turf grass 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 Fscal 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 '08 (l, 8, 15, 22, 29) 5 cuts minimum November '08 (12, 26) 2 cuts minimum December '08 (10, 24) 2 cuts minimum January '09 (7, 2l) 2 cuts minimum February '09 (4, 18) 2 cuts minimum March '09 (4, 18) 2 cuts minimum April '09 (1, 8, I5, 22, 29) 5 cuts minimum May '09 (6, 13, 20, 27) 4 cuts minimum June '09 (3, ]0, 17, 24) 4 cuts minimum July '09 (1, 8, 15, 22, 29) 5 cuts minimum August'09 (5, 12, 19, 26) 4 cuts minimum Seotember'09 (2, 9 16, 23) 4 cuts minimum 41 Total Services Fiscal Ycar 08/09 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. Page 8 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 aze to be maintained at 3"- 3 l/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. 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, other facilities and adjacent properties. B. EDGING: "Edge" is defined as a sharp, distinct, visually discernable vertical fine of sod at all junctions of turf grass 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 monthly. 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). e. 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 [rimming 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 turf grass and landscape beds. All impervious concrete and asphalt areas, such as sidewalks, curbs, aprons, and basketball and racquetball courts shall 6e maintained free of weeds. Page 9 1. _WEED CONTROL FREQUENCY: Weed control shall be performed as often as necessary in order to provide aweed-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 aweed-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 aeeas include sidewalks, driveways, curbs, roads, basketball and racquetball courts and any cracks within the non-pervious material. b. Manufacturer label rates, safety precautions and disposal dvections shall 6e strictly adhered to. 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 oer month. 2. PRUNING GENERAL: a. Pruning, trimming, and shaping landscaping material shall be performed so as to promote vigorous growth and maintain an amactive 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. Page 10 1. WEED CONTROL FREQUENCY: Weed control shall be performed as often as necessary in order to provide aweed-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. 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. 7. 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 oer month 2. PRUNING GENERAL: a. Pruning shalt 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 erow[h that interferes with view walks lightine or sienaee. • Nuisance erowth, removal of all daneerous branches thorns and fronds that indicate potential conflict with oeoole including branches overhaneine sidewalks encroachine 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. Page 11 e. Branches, dead wood, and cuttings resulting from pruning shall be removed from the jab 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. Dead palm fronds that have fallen to the ground aze to be removed at each mowing. g. Dead palm fronds shall be removed from the palm head and trunk of any palm species„ including Washingtonian Palms. B. WEED CONTROL: I. Under no circumstances shall any Vee planted in a sodded area be weeded with a filament type trimmer. 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 I8" from outside of trunk shall be edged and maintained to avoid mechanical damage to [he tree trunks. SECTION FOUR: MULCH A. MULCH FREQUENCY: Standard schedule for mulch application shall be twice annually: Begin March I-Completed by mid-April Begin October 1-Complete bymid-November (prior to Thanksgiving) B. MULCH GENERAL: 1. Plant beds and tree pits shall be maintained with 4" ofmulch. 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 granulaz fertilizer with composition of 15-5-I5. It shall be a complete fertilizer (containing both major and micro nutrients), sulfur coated, time released, and applied at a rate of I Ib. 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. Page l2 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 6azdscape surfaces shall be removed immediately after the application process is completed to avoid staining. B. TREES. SHRUBS. & GROUND COVERS FERTILIZATION- GENERAL: I. 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 ]0-10-]0, 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. 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 yeaz, 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.e.. Queen Palms. Roebelenii. Foxtail. Coconut and Princess) shall be fertilized two times yearly (January & June) or as required to eliminate yellowing of the fronds. Page 13 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: I. 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. 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 notifrcations 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 Awazd 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 otf. Time and material costs incurred for heads mowed otf will be charged to the Contractor. Any existing damage to the ircigation 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. Page 14 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 pain[ and structural features. 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 cleazed of all aforementioned articles picked up prior to mowing. SECTION TEN: BALLFIELDS A. MOWING: 1. MOWING FREQUENCY: Bermuda grass areas shall be mowed one to two times per week at a height of cut that does not cause undue stress to the turf. 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, clay infields and base paths, 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. e. 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. f. Mowing must be performed in a timely and systematic fashion in order to maintain the integrity and appearance of the ball field. Convector 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 DAMAGE SPRINKLER HEADS, valves, manifolds, or other facilities. Page i5 B. EDGING: "Edge" is defined as a sharp, distinct, visually discernable vertical line of sod at all junctions of turf grass and any other material such as clay. 1. EDGING FREQUENCY: Edging shall be done with every cut. 2. EDGING GENERAL: a. Mechanically edge all turf edges abutting clay surfaces. b. A mechanical blade edger shall be used for all edging. Edging with string-type trimmers is not permitted. c. Dirt and debris produced by edging or trimming shall be removed and swept from adjacent hard surfaces. d. NO CHEMICAL EDGING SHALL BE PERMITTED C. FERTILIZATION: Bermuda grass will be fertilized on a quarterly basis with the analysis or ratios of N, P, & K determined by soil and tissue testing. Additional minor nutrients will be applied as monthly foliar applications in addition to what is available in the granular fertilizer. D. AER[FICATION: Bermuda grass will be aerified to provide the soil with proper air, water, and soil ratio. FREQUENCY: Aerification will be performed one time during the summer months. E. VERTICUTTING: Bermuda grass will be vertically cut to remove thatch that has built up over the course of the yeaz FREQUENCY: Verticutting will be performed once during the growing season. SECTION ELEVEN: INFIELD MAINTENANCE A. RAKING/DI2AGGING: Clay infields will be mechanically raked to maintain a level playing surface. I. FREQUENCY: Raking of infields and base paths will be performed once a week. Clay infields will be scarified (tamed up) and leveled once a year. 2. RAKING GENERAL: a. W ater will be applied to all clay surfaces prior to performing maintenance. Page 16 b. Raking will be performed utilizing a mechanical device. c. Raking around pitching mound, home plate, bases and base paths will be performed by utilizing a bow rake. d. All low areas requiring additional fill will be supplemented with clay stockpiled at the parks. This stockpiled material will be covered per NPDES regulations and kept weed free. SECTION TWELVE: INSPECTION AND INVOICING A. INVOICING: I. The Contractor shat( 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 Slate and Village policies. o. INSPECTION: 1. The Village wit] 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 (])year full warranty. (THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANKI Aage 17 IL ~,IST OF MAINTENANCE ARFAS: LOCATION ST. AUGUSTINE/BAHIA (sa. ft.) Lakeside Park Anchorage Park Osborne Park St. Clare Ballfield Community Center 214,631 352,156 19,891 61,300 202 038 Totalsquarc footage 850,016 BERMUDA (sa. ft) 0 63,411 182,256 247,786 137.005 630,458 Page 18