HomeMy WebLinkAboutR-95-0383! J-95-390
i 5/4/95
RESOLUTION NO. 9 5 383
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH FOREST
RESOURCES MANAGEMENT, INC., A FLORIDA
CORPORATION, IN THE AMOUNT OF $21,500, FOR
PROFESSIONAL SERVICES IN CONNECTION WITH THE
PREPARATION OF A STREET TREE INVENTORY
PROGRAM, FOR THE PERIOD OF MAY 11, 1995 TO
SEPTEMBER 30, 1995; ALLOCATING FUNDS THEREFOR
FROM THE SPECIAL REVENUE FUND ENTITLED
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"STREET TREE INVENTORY".
WHEREAS, the City Commission., pursuant to Resolution
No. 94-15, adopted March 24, 1994, authorized the City Manager to
submit a grant application in the amount of $25,000, for the
preparation of a street tree inventory under the "Hurricane
Andrew Urban Reforestation Grant Program" from the Florida
Department of Agriculture and Consumer Services, Forestry
Division, and to execute the necessary documents to accept and
implement said grant, should said grant be awarded; and
WHEREAS, said grant was awarded to the City of Miami and a
Hurricane Andrew Urban Reforestation Grant Memorandum of
Agreement between the Florida Department of Agriculture and
Consumer Services, Forestry Division, and the City of Miami for a
"City of Miami Street Tree Inventory" was signed on September 28,
1994; and
:CITY CONiNd SSION
MEETING OF
MAY 1 1 1595
Resolution No.
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WHEREAS, activities to be accomplished under this grant
program include the design and implementation of an urban tree
inventory system within the City of Miami's Geographic
Information System; and
WHEREAS, the City desires to engage in services of a
consultant qualified by means of education and experience in
urban forestry to successfully complete the street tree
inventory; and
WHEREAS, Requests for Proposals were mailed to thirty (30)
firms experienced in urban forestry and street tree inventories
and Forest Resources Management, Inc. was found to be the most
qualified and responsive firm to perform these services; and
WHEREAS, a Special Revenue Fund entitled: "Street Tree
Inventory" is being established, with the resources to be
appropriated consisting entirely of the $25,000 grant funds
awarded to the City;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to
execute an agreement, in substantially in the attached form, with
Forest Resources Management, Inc., a Florida Corporation, in the
amount of $21,500, for professional services in connection with
the preparation of a street tree inventory program, for the
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period of May 11, 1995 to September 30, 1995, with funds therefor
hereby allocated from the Special Revenue Fund entitled "Street
Tree Inventory".
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this llth
ATTEST:
MATTY HIRAI
CITY CLERK
BUDGETARY REVIEW:
MANOHAR S DIRECTOR
ASSISTANT AGER
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PREPARED AND APPROVED BY:
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GA IREZ-SEIJ S '
ASSI ANT CITY A' ORN
APPROVED AS TO FORM AND CORRECTNESS:
A'. INNFEY
ES , III
CIT ATT
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day of May 1995.
STEP EN P. CLAJtK, MAYOR
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PROFESSIONAL SERVICES AGREEMENT
This Agreement entered into this day of , 1995, by
and between the City of Miami, a municipal corporation of the State of Florida,
hereinafter referred to as "CITY," and Forest Resources Management, Inc., a
Florida Corporation, hereinafter referred to as "CONSULTANT."
RECITAL:
WHEREAS, the City Commission of the City of Miami by Resolution No: 94-
156, adopted March 24, 1994, authorized the City Manager to submit a grant
application in the amount of $25,000, for the preparation of a street tree
inventory under the "Hurricane Andrew Urban Reforestation Grant Program" from
the Florida Department of Agriculture and Consumer Services, Forestry
Division, and to execute the necessary documents to accept and implement said
grant, should said grant be awarded; and
WHEREAS, said grant was awarded to the CITY and a Hurricane Andrew Urban
Reforestation Grant Memorandum of Agreement between the Florida Department of
Agriculture and Consumer Services and the CITY for a "City of Miami Street
Tree Inventory" was signed on September 28, 1994; and
WHEREAS, the CITY desires to engage the services of an outside firm to
conduct the street tree inventory; and
WHEREAS, the CONSULTANT is qualified by means of education and
experience in urban forestry to successfully complete the street tree
inventory;
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NOW, THEREFORE, in consideration of the mutual covenants and obligations
herein contained, and subject to the terms and conditions hereinafter stated,
the parties hereto understand and agree as follows:
TERM:
The term of this Agreement shall be from May 11, 1995 through September
30, 1995.
SCOPE OF SERVICES:
CONSULTANT shall perform the services contained in Exhibit A, attached
hereto and incorporatead herein by reference.
III.
COMPENSATION:
CITY shall pay CONSULTANT a fee of $21,500 for the services required to
be performed by the CONSULTANT under Section II hereof, payable in a lump sum
upon completion of all services.
CONSULTANT shall be responsible for payment of all taxes and expenses
such as income tax, Social Security, health and major medical insurance,
personal insurance and general expenses in connection with this Agreement.
All payments required hereunder shall be made only upon presentation of
an invoice from the CONSULTANT together with a certification by the Deputy
Director for Planning, Building and Zoning that the work has been performed to
the satisfaction of the CITY.
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IV.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
Both parties shall comply with all applicable laws, ordinances and codes
of federal, state and local governments.
V.
GENERAL CONDITIONS:
A. All notices or other communications which shall or may be given pursuant
to this Agreement shall be in writing and shall be delivered by personal
services, or by registered mail addressed to the other party at' the
address indicated herein or as the same may be changed from time to
time. Such notice shall be deemed given on the day on which personally
served; or, if by mail, on the fifth day after being posted or the date
of actual receipt, whichever is earlier.
CITY OF MIAMI CONSULTANT
Planning, Building and Zoning Dept. Forest Resources Management, Inc.
P.O. Box 330708 P.O. Box 9272
Miami, Florida 33233-0708 Fort Myers, Florida 33902
(305) 579-6086 (904) 365-6005
B. Title and section headings are for convenient reference and are not a
part of this Agreement.
C. In the event of conflict between the terms of this Agreement and any
terms or conditions contained in any attached documents, the terms in
this Agreement shall rule.
D. No waiver or breach of any provision of this Agreement shall constitute
a waiver of any subsequent breach of the same of any other, provision
hereof, and no waiver shall be effective unless made in writing.
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E. Should any provision, paragraph, sentence, word or phrase contained in
this Agreement be determined by a court of competent jurisdiction to be
invalid, illegal or otherwise unenforceable under the laws of the State
of Florida or the City of Miami, such provision, paragraph, sentence,
word or phrase shall be deemed modified to the extent necessary in order
to conform with such laws, or if not modifiable to conform with such
laws, then same shall be deemed severable, and in either event, the
remaining terms and provisions of this Agreement shall remain unmodified
and in full force and effect.
VI.
OWNERSHIP OF DOCUMENTS:
CONSULTANT agrees that all documents developed by CONSULTANT under this
Agreement shall be delivered to CITY by said CONSULTANT upon completion of the
services required pursuant to Section II hereof and shall become the property
of CITY, without restriction or limitation on their use. Documents maintained
and generated pursuant to Section II hereof shall become the property of the
CITY, without restrictions or limitations on their use.
CONSULTANT agrees that all documents maintained and generated pursuant
to this contractual relationship between CITY and CONSULTANT shall be subject
to all provisions of Public Records Law, Chapter 119, Florida Statues.
It is further understood by and between the parties that any
information, writings, maps, contract documents, reports, or any other matter
whatsoever which is given by CITY to CONSULTANT pursuant to this Agreement
shall at all times remain the property of the CITY and shall not be used by
CONSULTANT for any other purpose whatever without the written consent of CITY.
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NONDELEGABILITY:
The obligations undertaken by CONSULTANT pursuant to this Agreement may
not be delegated or assigned to any other person or firm without the CITY's
prior written consent.
AUDIT RIGHTS:
The CITY reserves the right to audit the records of CONSULTANT
pertaining to this the Agreement at any time during the term hereof and for a
period of three (3) years after final payment is made hereunder.
IX.
AWARD OF AGREEMENT:
CONSULTANT warrants that it has not employed or retained any person
employed by the CITY to solicit or secure this Agreement and that it has not
offered to pay, paid, or agreed to pay persons employed by the City any fee,
commission percentage, brokerage fee, or gift of any kind contingent upon or
resulting from the award of this Agreement.
X.
CONSTRUCTION OF AGREEMENT:
This Agreement shall be constructed and enforced according to the laws
of the State of Florida and venue shall lie in Dade County, Florida.
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XI.
SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein, their heirs,
executors, legal representatives, successors and assigns.
XII.
INDEMNIFICATION:
CONSULTANT shall indemnify and save CITY harmless from and against any
and all claims, liabilities, losses, and causes of action which may arise out
of performance of this Agreement as a result of any error, omissioh or
negligent act of the CONSULTANT, including any person acting for or on its
behalf, as determined pursuant to a final judgement from a court of competent
jurisdiction, and from and against any orders, judgments, or decrees which may
be entered and from and against all costs, attorneys' fees, expenses and
liabilities incurred in the defense of any such claims, or in the
investigation thereof. The CITY shall notify the CONSULTANT in writing
immediately upon receiving notice of any matters for which this indemnity
provision shall become applicable.
XIII.
CONFLICT OF INTEREST:
A. CONSULTANT covenants that no person under its employ who presently
exercises any functions or responsibilities in connection with this
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Agreement has any personal financial interests, direct or indirect, with
ti CITY. CONSULTANT further covenants that, in the performance of this
Agreement, no person having such conflicting interest shall be employed.
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Any such interests on the part of CONSULTANT or its employees, must be
disclosed in writing to CITY.
B. CONSULTANT is aware of the conflict of interest laws of the CITY of
Miami (City of Miami Code Chapter 2, Article V, Dade County Florida
(Dade County Code Section 2-11.1) and the State of Florida, and agrees
that it shall fully comply in all respects with the terms of said laws.
XIV,
INDEPENDENT CONTRACTOR:
CONSULTANT and its employees and agents shall be deemed to be
independent contractors, and not agents or employees of CITY, and shall not
attain any rights or benefits under the Civil Service or Pension Ordinances
of CITY, or any rights generally afforded classified or unclassified
employees; further CONSULTANT shall not be deemed entitled to the Florida
Workers' Compensation benefits as an employee of CITY.
XV.
TERMINATION OF CONTRACT:
CITY retains the right to terminate this Agreement at any time prior to
the completion of the services required under this Agreement without penalty
to the CITY. In that event, notice of termination of this Agreement shall be
in writing by the CITY to the CONSULTANT; and the CONSULTANT shall be paid for
those services performed prior to the date of its receipt of the notice of
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termination. In no case, however, will CITY pay CONSULTANT an amount in
excess of the total sum provided by this Agreement.
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It is hereby understood by and between CITY and CONSULTANT that any
payment made in accordance with this Section to CONSULTANT shall be made only
if Consultant is not in default under the terms of this Agreement. If
CONSULTANT is in default, then CITY shall be obligated to pay for those
services provided and non cancelable obligations incurred prior to the date of
default. Payment shall occur within 45 days of termination notice.
XVI.
NONDISCRIMINATION:
CONSULTANT agrees not to discriminate as to race, sex, color, religion,
national origin, age, handicap, or marital status in connection with its
performance under this Agreement. Furthermore that no otherwise qualified
individual shall, solely by reason of his/her race, sex, color, religion, age,
national origin, marital status, or handicap, be excluded from the
participation in, be denied benefits of, or be subjected to discrimination
under any program or activity receiving federal financial assistance.
XVII.
MINORITY PROCUREMENT COMPLIANCE:
CONSULTANT acknowledges that it has been furnished a copy of Ordinance
No. 10538, the Minority Procurement Ordinance of the City of Miami, and agrees
to comply with all applicable substantive and procedural provisions therein,
including any amendments thereto.
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XVIII.
CONTINGENCY CLAUSE:
Funding for this Agreement is contingent on the availability of funds
and continued authorization for program activities and is subject to amendment
or termination due to lack of funds, or authorization, reduction of funds,
and/or change in regulations.
XIX.
DEFAULT PROVISION:
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In the event that CONSULTANT shall fail to comply with each and every
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term and condition of this Agreement then the CITY, at its sole option, upon
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written notice to CONSULTANT may cancel and terminate this Agreement, and all
payments, advances, or other compensation paid to CONSULTANT by CITY for the
period during which CONSULTANT was in default of the provisions herein
contained, shall be forthwith returned to CITY provided that the CONSULTANT
was given the opportunity to cure such default and failed to do so within
fifteen (15) days of receipt of notice.
XX.
ENTIRE AGREEMENT:
This instrument and its attachments constitute the sole and only
Agreement of the parties hereto relating to said contract and correctly sets
forth the rights, duties, and obligations of each to the other as of its date.
Any prior agreements, promises, negotiations, or representations not expressly
set forth in this Agreement are of no force or effect.
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XXI.
AMENDMENTS:
No amendments to this Agreement shall be binding on either party unless
in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by the respective officials thereunder duly authorized, as of the day
and year first above written.
ATTEST:
MATTY HIRAI
City Clerk
ATTEST:
Corporation Secretary
(NOTE: If CONSULTANT is not
a Corporation, two
witnesses must sign.)
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CITY OF MIAMI, a municipal
Corporation of the State of
Florida
By
CESAR H. ODIO
City Manager
CONSULTANT:
By
Title
(Seal)
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APPROVED AS TO INSURANCE
REQUIREMENTS:
Frank K. Rollason
Deputy Fire Chief
Risk Management Division
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APPROVED AS TO FORM AND
CORRECTNESS:
A. Quinn Jones, III
City Attorney
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EXHIBIT A - SCOPE OF SERVICES
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FOREST RESOURCES MANAGEMENT, INC.
FRM is a Florida -based forestry and environmental consulting firm which offers
landowners, homeowners, municipalities, forest industries, and the construction
industry a variety of professional consultation services. Our degree foresters offer over
j 40 years experience stemming from diverse educational and technical backgrounds.
FORT MYERS
P.O. Box 9272
Fort Myers, FL 33902
813/332-7121
Eric H. Hoyer, President
David A. Fox, Vice President
LEESBURG
4340 Lake Street
Leesburg, FL 34748
904/365-6005
Brett States, Forester
Established 1984
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B. Statement of Work
1. Project Scope and Rationale of Approach
An urban forest inventory, like any planning tool, should be designed with
specific goals and objectives in mind. Our past experiences with municipali-
ties desiring inventory services have begun as discussions of wants, needs,
dreams, and finally, specific goals. In all of these cases, FRM helped the
client to arrive at the specific features of the inventory database. Where a
client has a set scope of services desired, as in this case, we can tailor our
system to meet the requirements.
A street tree inventory provides a "snapshot" of the composition and health
of your urban forest. The information gathered during our recent interview
and site inspection identifies the following functions, at minimum, that you
wish this inventory to accomplish:
- A current record of trees to be managed;
- The ability to plan, schedule, and monitor tree maintenance work;
- To help make budget and management decisions;
- To identify liabilities and assets of the urban forest;
- To identify the location of certain species and size classes of trees
which may have historical or cultural significance in the community.
More specific tree management goals that are derived from the inventory
include:
- To identify and prioritize your tree maintenance needs;
- To locate hazardous trees in need of repair or removal;
- To maintain a record of large canopy trees and/or trees of histori-
cal/cultural significance for future private and public development
permit evaluation;
- To locate suitable street tree planting locations; and
- To estimate the dollar value your urban forest for budget defense (the
so-called "green infrastructure").
2. Inventory Methods
FRM foresters will complete a pedestrian survey of all City -owned
street trees and planting spaces in the Coconut Grove planning area
and selected scenic corridors (approximately 85.57 street miles).
URBAN FORESTRY PROPOSAL........................................................... Page 3 - FRM
95- 383
■ Individual tree data collected will include: an assigned control num-
ber, location or address, genus, species, diameter class, canopy radius
class, condition class using ISA standards, tree maintenance recom-
mendations if hazardous conditions are likely present, the width of
the tree space and the presence of overhead wires, and a work priori-
ty rating.
Tree locations and control numbers will be noted on paper maps
(preferred scale 1"=100') provided by the City.
■ FRM will collect tree information using hand-held data recorders. The
records can be electronically transferred directly into your computer
GIS without manual re-entry. Errors are minimized and corrections
can be made quickly. The tree data collected will be in dBASE (.dbf)
database format. Other details to be decided will include data coor-
dination with your GIS.
Tree data collected will be checked for accuracy, typographic errors,
and any missing data prior to installation on the City GIS.
® A visual assessment of each tree on City property. within the project
scope will be made as to the presence of major structural defects
(obvious dead wood, trunk -and branch defects, or disease organisms).
Trees which require immediate maintenance to remove or reduce
liability to citizens will be marked with paint (an orange dot code at
the tree base) for quick identification by City personnel. No other
trees will be marked.
Marking trees which have immediate needs with a code would allow
tree care workers to quickly find the tree while not raising undue
public alarm. Code paint can then be covered by grey or brown paint
after the work is complete.
3. Data Analysis
■ FRM will analyze the collected tree data and develop a brief statis-
tical summary of your urban forest. This short report may contain
tables showing species distribution, condition classes, diameter
distribution, prioritized maintenance needs, etc.
URBAN FORESTRY PROPOSAL........................................................... Page 4 - FRM
95- 383
4. Employee Training
■ FRM will train the Preservation Officer or her designee in the struc-
ture of the database and data search strategies so that useful infor-
mation can be retrieved from the tree database.
■ FRM will develop an appropriate syllabus for City employee training
based on our observations of typical tree care problems. We will
provide one day of training that will help a reasonable number of City
workers to identify hazard trees and to plan appropriate action to
remedy problems. Basic tree physiology will be presented to help
workers understand tree care basics. Proper planting and young tree
care techniques will also be included so that future tree hazards are
not created by poor maintenance practice.
5. City Assistance
Provide FRM lawful right of entry to City property for a mutually
agreeable time period. Also, your notification of the public, concerned
City employees, and public safety officials will reduce misunderstand-
ings and work delays.
■ Provide paper plat maps (1"=100' scale or larger) with project scope
boundary lines and right-of-way limits to FRM for identification of
tree sites.
6. Deliverables
■ One summary report will be submitted quantifying pertinent data.
This report will consist of basic statistics of the surveyed tree popula-
tion and a list of immediate hazardous trees to be corrected or re-
moved.
■ Tree data files will be provided on 31/z" or 51/a" high density disks,
IBM/PC format.
■ One set of paper plat maps (furnished by the City) with tree locations
and serial numbers hand -plotted for use by your GIS department.
City employees will digitize tree locations into your GIS.
■ One day of City employee training, including training materials, will
be conducted following database installation.
URBAN FORESTRY PROPOSAL........................................................... Page 5 - FRM
95- 383
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7. Time Frame
■ FRM can begin database design and GIS testing immediately upon
your notice to proceed.
■ We estimate data collection time to be less than six weeks.
■ FRM can complete the project as proposed to your satisfaction well
within the stated time limits.
URBAN FORESTRY PROPOSAL........................................................... Page 6 - FRM
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V.
CITY OF MIAMI, FLORIDA �� '
INTER -OFFICE MEMORANDUM
TO ; Honorable Mayor and biAl` - 3 DATE 1995 FILE
Members of the City Commission
Professional Services Agreement
suEuecT : with Forest Resources
Management for City of Miami
Street Tree Inventory
FROM : Ces 0 REFERENCES:
Cit er Agenda lLem, City Commission
ENCLOSUREMeeting, May 12, 1995
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the attached
resolution authorizing the execution of an agreement, in substantially the
attached form subject to the approval of the Law Depar ,iant, with Forest
Resources Management, Inc. in connection with the preparation of a street tree
inventory in the amount of $21,500 for the period May 11, 1995 through
September 30, 1995.
BACKGROUND
On March 24, 1994, the City Commission adopted Resolution No. 94-156
authorizing the City Manager to submit a grant application for a street tree
inventory to the Florida Department of Agriculture and Consumer Services,
Forestry Division, under the Hurricane Andrew Urban Reforestation Grant
Program. The City requested $25,000 for the purpose of an inventory of trees
within the public rights -of -way. The resolution also authorized the City
Manager to execute the necessary documents to accept and implement the grant,
if it should be awarded.
The City was awarded the grant for the mire requ, ::.ed amount, and a
Hurricane Andrew Urban Reforestation Grant Memorandum of Agreement was signed
on September 28, 1994.
V The City mailed requests for proposals to 30 firms with experience in urban
forestry and street tree inventories, based upon a list provided by the
Division of Forestry. Three firms responded and submitted proposals. After
evaluating the proposals, the most qualified and responsive firm was
determined to be Forest Resources Management, Inc., a non --minority, non -local
vendor located in Fort Myers, Florida. This determination was based on the
firm's experience with similar projects and the number of street miles to be
inventoried for the amount of grant funds available.
No minority firms 1'2 available to perform these services. 9 5 i 3 S 3
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DID ITEM: STREET TREE INVENTORY
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DIDMe RFP ------------------------------------------------
ELATE BID(S) OPENED: _ MARCH 6_ 1995 3:00 p.m.
TOTAL BID_DOND_Sorj
BIDDER DID -AHOUNT CASHIER'S CHECK
THE DAVEY TREE EXPERT CO.
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ACRT, INC.
.FOREST RESOURCES MANAGEMENT INC
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SIGNED:
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(D�puty City Clerk)
CITY Of.' MIAMI, FLORIDA
INTER -OFFICE MEIN'dtllRANDlJM
Matty Hirai February 15, 1995
TO City Clerk DATE : FILE
Street Tree Inventory RFP
SUBJECT
C /r
FROM 4: gl Rodriguez, Director REFERENCES:
lanning, Building and Zoning Department
ENCLOSURES:
Please be aware that on March 6, 1995, you will be receiving proposals for the
Street Tree Inventory Request for Proposal (see attached advertisement). The
deadline is 3:00 pm. Your cooperation would be most appreciated.
If you have any questions, please call Sarah Eaton at 579-6086.
Attachment
a,
CITY OF MIAMI, FLORIDA
REQUEST FOR PROPOSALS
STREET TREE INVENTORY
The City of Miami is seeking the services of a qualified consultant with urban
forestry or forest management experience for an inventory and assessment of
trees within a portion of the City of Miami.
Interested firms must contact the City of Miami Planning, Building, and
Zoning Department, 275 N.W. 2nd Street, Third Floor, Miami, Florida, 33128,
telephone (305)579-6086 for the Request for Proposals (RFP) Document which
will be issued February 17, 1995. The RFP contains detailed and specific
information about the scope of services, submission requirements, and
selection procedures.
Submission packages must be delivered to the City Clerk's Office, First Floor
Counter, City Hall, City of Miami, 3500 Pan American Drive, Miami,. Florida,
33133, no later than 3:00 p.m., March 6, 1995.
The City of Miami reserves the right to accept any proposal deemed to be in
the best interest of the City, waive any irregularities in any proposal,
reject any proposal, and to re -advertise for new proposals if necessary.
I
Cesar H. Odio
City Manager
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