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.T,� Invitation for Bid (1FB)
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1FB Number:
Title:
Issue Date/Time:
1FB Closing Date/Time:
Pre -Bid Conference:
Pre -Bid Date/Time:
Pre -Bid Location:
Deadline for Request for Clarification:
Buyer:
Hard Copy Submittal Location:
Buyer E -Mail Address:
Buyer Facsimile:
Purchasing Department
Glenn Marcos, CPPD, CPPB, DirectorlChief Procurement Officer
Miami Riverside Center
444 SW 2^d Avenue, 61h Floor
Miami, Florida 33130
Web Site Address: http:/Imiamigov.com/procurement
191150,2
Invitation for Bids for Tree and Palm
Relocations
06-NOV-2009
11/24/2009 @ 13:00:00
Mandatory
Thursday, November 12, 2009 at 10:00
a.m.
MRC Building, 444 SW 2nd Avenue, 8th
Floor Conference Room, Miami, FL
Friday, November 13, 2009 at 5:00 p.m.
Suarez, Maritza
City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
msuarez@ci.miami.fl.us
(305) 400-5025
Page t of 40
Certification Statement
Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and
retain a copy for your files. Prices should include all costs, including transportation to destination. The
City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a
minimum of 180 days following the time set for closing of the submissions.
In the event of errors in extension of totals, the unit prices shall govern in determining the quoted
prices.
We (I) certify that we have read your solicitation, completed the necessary documents, and propose to
furnish and deliver, F.O.B. DESTINATION, the items or services specified herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as set in section
18-107 or Ordinance No. 12271.
All exceptions to this submission have been documented in the section below (refer to paragraph and
section).
EXCEPTIONS:
We (I) certify that any and all information contained in this submission is true; and we (I) further certify
that this submission is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or
service, and is in all respects fair and without collusion or fraud. We (1) agree to abide by all terms and
conditions of this solicitation and certify that I am authorized to sign this submission for the submitter.
Please print the following and sign your name:
SUPPLIER NAME:
ADDRESS:
PHONE:
EMAIL:
SIGNED BY:
TITLE:
FAX:
BEEPER:
DATE:
Page 2 of 40
Certifications
Legal Name of Firm:
Entity Type: Partnership, Sole Proprietorship, Corporation, etc.
Year Established:
Office Location: City of Miami, Miami -Dade County, or Other
Occupational License Number:
Occupational License Issuing Agency:
Occupational License Expiration Date:
Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No.
10032 (Section 18-105 of the City Code) pertaining to the implementation of a "First Source Hiring
Agreement.": (Yes or No)
Do you expect to create new positions in your company in the event your company was awarded a
Contract by the City? (Yes or No)
In the event your answer to question above is yes, how many new positions would you create to
perform this work?
Please list the title, rate of pay, summary of duties, number of positions, and expected length or duration
of all new positions which might be created as a result of this award of a Contract.
Minority/Women Business Affairs Registration Status: Hispanic, Female, Black or None,
Page 3 of 40
Will Subcontractor(s) be used? (Yes or No)
If subcontractor(s) will be utilized, provide their name, address and the the portion of the work they will
be responsible for under this contract (a copy of their license(s) must be submitted with your bid
response):
Provide brief description of the project or service to be provided
Please list and acknowledge all addendum/addenda received. List the addendurn/addenda number and
date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum/addenda was/were issued, please insert
N/A,
Have you provided a list of tree and palm relocation projects completed within the past five (5) years,
including means and methods of performance, project management, and coordination, as per Bidder
Minimum Qualifications? Yes or No
Have you provided the three (3) letters of recommendations/endorsements, as per Bidder Minimum
Qualifications? Yes or No
Have you provided a list of key personnel, as per Bidder Minimum Qualifications? Yes or No
Have you provided a list of all mechanical equipment utilized for completion of this project, as per
Bidder Minimum Qualifications? Yes or No
Name and contact information for supervisory personnel:
Have you provided a written schedule of performance, as per Bidder Minimum Qualifications? Yes or
No
Number of calendar days required for commencement of work after receipt of a P.O. (not to exceed ten
[101 calendar days):
Number of calendar days for completion of work after commencement:
Page 4 of 40
Page 5 of 40
Line: 1
Description: Tract "A"
Line: 1.1
Description: Roystonea Elata/Royal Palm 25' hgt. - 35' hgt.
Category: 59575-00
Unit of Measure: Each
Unit Price: $
Number of Units: 19
Line: 1.2
Description: Quercus Virginiana/Live Oak 22' hgt. - 25' hgt.
Category: 59575-00
Unit of Measure: Each
Unit Price: $
Number of Units: 3
Line: 1.3
Description: Phoenix Reclinata/Senegal Date Palm 20' height
Category: 59575-00
Unit of Measure: Each
Unit Price: $
Line: 2
Description: Tract "D"
Number of Units: 3
Line: 2.1
Description: Roystonea Elata/Royal Palm 25' hgt. - 35' hgt.
Category: 59575-00
Total: $
Total: $
Total: $
Page 6 of 40
Unit of Measure: Each
Unit Price: $ Number of Units: 38 Total: $
Line: 2.2
Description: Quercus Virginiana/Live Oak 22' hgt. - 30' hgt.
Category: 59575-00
Unit of Measure: Each
Unit Price: $ Number of Units: 12 Total: $
Line: 2.3
Description: Phoenix Reelinata/Senegal Date Palm 16' hgt. - 30' hgt.
Category: 59575-00
Unit of Measure: Each
Unit Price: $ Number of Units: 12 Total: $
Page 7 of 40
Invitation for Bid (IF8)19ll5V,2
Table of Contents
Termsand Conditions ......... ................................................ ........... .................................
........................ ... 9
LGeneral Conditions -----------------------------------------�
iLGENERAL TERMS AND CONDITIONS --------------------------9
2.Special Conditions ............ —.............................. —...................... ...................
—......... ................ _2J
2. 1. ......... ............................................................................................
...................... 7
22.DEADLINE FOR RECEIPT OpREQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION ....
27
2.3. 0yFUNDS ....................................... ......................
.................... 7
24.METHOD 0PAWARD -----------------------------------27
2.5.BIDDER'S MINIMUM QUALIFICATIONS ------------------------27
2.6. FAILURE T0PERFORM ---------------------------------2u
2.7. INSURANCE REQUIREMENTS (Revised) ------------------------28
29.METHOD 0FPAYMENT --------------------------------.2x
2J0.COMPLETED WORK ...... ................. ............. ........ ......................................................
'zy
2]LPRE-BID CONFERENCE ------------------------------'2o
l\ZCONTRACT ADMINISTRATOR ---------------------------..29
2.13. SUPERVISION -------------------------------------29
2]4. SUBCONTRACTORS 0FWORK SHALL BEIDENTIFIED ...........................................
2.15, MINIMUM REQUIREMENTS ................................................
2.|6.TIE BIDS ............... ......................... ................................ ...................................................
30
3.\7.LIQUIDATED DAMAGES --------------------------------.
30
2]D.USE 0FPREMISES -----------------------------------J\
2]9.DAMAGES 70 PROPERTY ..............................................................
3]
220COMPLETE PROJECT REQUIRED --------------------------3l
22).CONTRACTOR TODEREPRESENTED ------------------------3l
2.22. SPECIFICATION E%CEy7D}N3 .............. .................................................................
...... ]}
2.23. PUBLIC CONVENIENCE AND SAFETY ------------------------.Jl
2.24,SAFETY MEASURES ----------------------------------'32
2.25. TERMINATION ----_--.............................................................................................
32
22o.ADDITIONAL TERMS AND CONDITIONS ............ ........ ...... ...........
........................... 32
3. -----------------------------33
3l OF WORK ..........................................
33
Page *of4O
Invitation for Bid (IFB) 191 150,2
Terms and Conditions
1. General Conditions
I.I. GENERAL TERMS AND CONDITIONS
Intent: The General Terms and Conditions described herein apply to the acquisition of
goods/equipment/services with an estimated aggregate cost of $25,000.00 or more.
Definition: A formai solicitation is defined as issuance of an Invitation for Bids, Request for Proposals,
Request for Qualifications, or Request for Letters of Interest pursuant to the City of
Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be
defined in the same manner herein.
1.I. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this
formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and
actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with
the terms herein and be fully in accordance with specifications and of the highest quality. In the event the
goods/equipment supplied to the City are found to be defective or does not conform to specifications, the
City reserves the right to cancel the order upon written notice to the Contractor and return the product to the
Contractor at the Contractor's expense.
1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall
be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon
issuance by the City of a purchase order.
1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or
parts of after opening/closing date and request re -issuance on the goods/services described in the formal
solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected
bidders/proposers and snake available a written explanation for the rejection. The City also reserves the
right to reject the response of any bidder/proposer who has previously failed to properly perform under the
terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a
position to perform the requirements defined in this fon-nal solicitation. The City further reserves the right
to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its
discretion, re -issue this formal solicitation.
1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are
available at the City's website at: http://www.ei.miami.fl.us/procurement
1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (1) alternate
response from the same Bidder/Proposer for the same formal solicitation; provided, that the alternate
response offers a different product that meets or exceeds the formal solicitation requirements. In order for
the City to consider an alternate response, the Bidder/Proposer shall complete a separate Price Sheet form
and shall mark "Alternate Response". Alternate response shall be placed in the same response. This
provision only applies to formal solicitations for the procurement of goods, services, items, equipment,
materials, and/or supplies.
1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise
dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's
prior written consent.
1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this
Contract, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees through
and including appellate litigation and any post judgment proceedings.
1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to
provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any
books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation,
for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall
maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for
Page 9 of 40
Invitation for Bid (IFB) 191150,2
three (3) years after the City makes final payment and all other pending matters are closed. Contractor's
failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract
by the City,
1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not-for-profit or
quasi-govermnental entity in the State of Florida, may avail itself of this contract and purchase any and all
goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s)
established herein, when permissible by federal, state, and local laws, rules, and regulations.
Each Governmental, not-for-profit or quasi -governmental entity which uses this formal solicitation and
resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its
own purchase orders, be invoiced there from and make its own payments, determine shipping terms and
issue its own exemption certificates as required by the successful bidder(s)/proposer(s).
1.10. AWARD OF CONTRACT:
A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall
constitute the entire contract, unless modified in accordance with any ensuing contract/agreement,
amendment or addenda.
B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or
designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference
to Businesses with Drug -Free Workplace Programs.
C. The award of this contract may be preconditioned on the subsequent submission of other documents as
specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its
contractual obligation if such documents are not submitted in a timely manner and in the form required by
the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action
taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may
accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to
the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution
from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or
increased costs sustained as a result of the Bidder's/Proposer's default.
D. The term of the contract shall be specified in one of three documents which shall be issued to the
successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or
contract award sheet.
E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120)
calendar days beyond the stated contract term in order to provide City departments with continual service
and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised,
the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price,
teens and conditions for a specific number of days. Additional extensions over the first one hundred
twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual
agreement of such extensions.
F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude
upon completion of the expressed or implied warranty periods.
G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis,
or such combination as shall best serve the interests of the City unless otherwise specified.
H. A Contract/Agreement maybe awarded to the Bidder/Proposer by the City Commission based upon
the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City
reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is
determined to be in the City's best interests. Such agreement will be furnished by the City, will contain
certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City
Attorney.
1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized
surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the
amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check
or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it
is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award
Page 10 of 40
Invitation for Bid (IFB) 191150,2
contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the
right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful
bidders/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of
award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract
has been awarded, all bid deposits will be returned on demand.
1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and
submitted accordingly.
1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement
and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the
annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be
considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the
next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may
be rejected.
1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any
manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of
establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only.
When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is
added. When bidding/proposing an approved equal, BidderslProposers will submit, with their response,
complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the
City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of
equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be
requested if the proposed brand is other than specified by the City. Such samples are to be furnished after
formal solicitation opening/closing only upon request of the City. If samples should be requested, such
samples must be received by the City no later than seven (7) calendar days after a formal request is made.
1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its
opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all
prospective bidders/proposers and make available a written explanation for the cancellation.
1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm
makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a
business risk which the contractor must assume. The City will not be obligated to reimburse amortized or
unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has
been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall
not have any claim upon the City.
1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City
be liable for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to
any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction
or other legal or equitable proceedings or on account of any delay for any cause over which the City has no
control.
1.18. COLLUSION—Bidder(Proposer, by submitting a response, certifies that its response is made without
previous understanding, agreement or connection either with any person, fine or corporation submitting a
response for the same items/services or with the City of Miami's Purchasing Department or initiating
department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other
illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of
Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the
City reserves the right to reject any and all bids/responses where collusion may have occurred.
1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that
contracts between private entities and local governments are subject to certain laws and regulations,
including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor
agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect
the goods or equipment offered, including but not limited to:
A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client
because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following:
employment practices, rate of pay or other compensation methods, and training selection.
Page 1 I of 40
Invitation for Bid (IFB) 191 150,2
B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation.
C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes.
D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation.
E. Uniform Commercial Code (Florida Statutes, Chapter 672).
F. Americans with Disabilities Act of 1990, as amended.
G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation.
H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation.
I. City Procurement Ordinance City Code Section 18, Article III.
J. Conflict of Interest, City Code Section 2-611;6 1.
K. Cone of Silence, City Code Section I5-74.
L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment.
M. First Source Hiring Agreement, City Ordinance No. 10032, as applicable to this Formal Solicitation.
Implemented to foster the creation of new and permanent jobs for City of Miami residents; requires as a
condition precedent to the execution of service contracts including professional services.
Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility.
Non-compliance with all local, state, and federal directives, orders, and Iaws may be considered grounds
for termination of contract(s).
Copies of the City Ordinances may be obtained from the City Clerk's Office.
1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is
imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City
Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be
applicable only to Contracts for the provision of goods and services and public works or improvements for
amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs,
RFLi or IFBs (bids) between, among others:
Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff
including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City
Commissioners, or their respective staffs and any member of the respective selection/evaluation committee.
The provision does not apply to, among other communications;
oral communications with the City purchasing staff, provided the communication is limited strictly to
matters of process or procedure already contained in the format solicitation document; the provisions of the
Cone of Silence do not apply to oral communications at duly noticed site visitsfinspections, pre -proposal or
pre-bid conferences, oral presentations before selection/evaluation committees, contract negotiations during
any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly
noticed public meeting; or communications in writing or by email at any time with any City employee,
official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ,
RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or communications in
connection with the collection of industry comments or the performance of market research regarding a
particular RFP, RFQ, RFLI OR IFS by City Purchasing staff.
Proposers or bidders must file a copy of any written communications with the Office of the City Clerk,
which shall be made available to any person upon request. The City shall respond in writing and file a copy
with the Office of the City Clerk, which shall be made available to any person upon request. Written
communications may be in the form of e-mail, with a copy to the Office of the City Clerk.
In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or
bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent,
lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person
having personal knowledge of a violation of these provisions shall report such violation to the State
Attorney and/or may file a complaint with the Ethics Commission. Proposers or bidders should reference
Section 18-74 of the City of Miami Code for further clarification.
Page 12 of 40
Invitation for Bid (IFB) 191150,2
This language is only a summary of the key provisions of the Cone of Silence. Please review City of
Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may
contact the City Clerk at 305-250-5360, to obtain a copy of same.
1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida
Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it
shall have no application when disclosure is required by Florida law or upon court order.
1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Fonual Solicitation, certify
that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami
is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal
Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in
writing to the City. Further, you must disclose the name of any City employee who owns, directly or
indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm.
1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation
of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or
services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City
harmless from any and all liability, loss, or expense occasioned by any such violation.
1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and
submission of Responses to the City, or any work performed in connection therewith shall be borne by the
Bi dder(s)/Proposer(s).
1.25. DEBARMENT AND SUSPENSIONS (See 18-107)
(a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective
Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after
consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a
Contractual Party, for the causes listed below, from consideration for award of city Contracts. The
debarment shall be for a period of not fewer than three years, The City Manager shall also have the
authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable
cause for debarment, pending the debarment determination. The authority to debar and suspend contractors
shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer
after approval by the City Manager, the city attorney, and the City Commission.
(b) Causes for debarment or suspension. Causes for debarment or suspension include the following:
(1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a
public or private Contract or subcontract, or incident to the performance of such Contract or
subcontract.
(2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification
or destruction of records, receiving stolen property, or any other offense indicating a lack of business
integrity or business honesty.
(3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or
Proposals.
(4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be
indicative of nonresponsibility. Such violation may include failure without good cause to perform in
accordance with the terns and conditions of a Contract or to perform within the time limits provided in
a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be
considered a basis for debarment or suspension.
(5) Debarment or suspension of the Contractual Party by any federal, state or other governmental
entity.
(6) False certification pursuant to paragraph (c) below.
(7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for
which the violation remains noncompliant.
(8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for
which a civil penalty or fine is due and owing to the city.
Page 13 of 40
Invitation for Bid (IFB) 191150,2
(9) Any other cause judged by the City Manager to be so serious and compelling as to affect the
responsibility of the Contractual Party performing city Contracts.
(e) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a
certification that neither the Contractual Party nor any of its principal owners or personnel have been
convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5).
(d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall
render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall
be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial
relief.
1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of
Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or
services to a public entity, may not submit a response on a contract with a public entity for the construction
or repair of a public building or public work, may not submit response on leases of real property to a public
entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract
with any public entity, and may not transact business with any public entity.
1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which
shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish
required documents, and/or to fulfill any portion of this contract within the time stipulated.
Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify
the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays
excluded) to remedy the default. Failure on the contractor's part to correct the default within the required
three (3) days shall result in the Contract being terminated and upon the City notifying in writing the
contractor of its intentions and the effective date of the termination. The following shall constitute default:
A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the
time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to
the degree specified in the Contract.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to
ensure timely completion.
D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as
nonconforming with the terms of the Contract.
E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or
making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the
successful Bidder/Proposer incapable of performing the work in accordance with and as required by the
Contract.
F. Failure to comply with any of the terns of the Contract in any material respect.
All costs and charges incurred by the City as a result of a default or a default incurred beyond the time
limits stated, together with the cost of completing the work, shall be deducted from any monies due or
which may become due on this Contract.
1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it
is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is
one which follows the requirements of the formal solicitation, includes all documentation, is submitted in
the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as
required on each document. Failure to comply with these requirements may deem a Response
non-responsive.
1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the
response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms
and Conditions. Price discounts off the original prices quoted in the response will be accepted from
successful Bidder(s)/Proposer(s) during the tern of the contract. Such discounts shall retrain in effect for
a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer
to Bidder/Proposer will be passed on to the City.
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Invitation for Bid (IFB) 191150,2
1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies; errors, or ambiguities in
the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing
Department. Should it be found necessary, a written addendum will be incorporated in the Formal
Solicitation and will become part of the purchase agreement (contract documents). The City will not be
responsible for any oral instructions, clarifications, or other communications.
A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving
precedence to the following documents, the first of such list being the governing documents.
1) Addenda (as applicable)
2) Specifications
3) Special Conditions
4) General Terms and Conditions
1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency
or disaster situation, the successful vendor shall provide the City with the commodities/services defined
within the scope of this formal solicitation at the price contained within vendor's response. Further,
successful vendor shall deliver/perform for the city on a priority basis during such times of emergency.
1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this
City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response
and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs,
RFQs, and RFLis, and represents the entire understanding and agreement between the parties with respect
to tine subject matter hereof and supersedes all other negotiations, understanding and representations, if any,
made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or
changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal
Solicitation and then the Response shall control. This Contract may be modified only by a written
agreement signed by the City of Miami and Contractor.
1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your
guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the
contract period. The City is not obligated to place an order for any given amount subsequent to the award
of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most
advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities
at the prices bid/proposed or at lower prices in this Formal Solicitation.
1.34. EVALUATION OF RESPONSES
A.Rejection of Responses
The City may reject a Response for any of the following reasons:
1) Bidder/Proposer fails to acknowledge receipt of addenda;
2) Bidder/Proposer mistates or conceals any material fact in the Response ;
3) Response does not conform to the requirements of the Formal Solicitation;
4) Response requires a conditional award that conflicts with the method of award;
5) Response does not include required samples, certificates, licenses as required; and,
6) Response was not executed by the Bidder's/Proposer(s) authorized agent.
The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may
reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best
interest of the City.
B. Elimination From Consideration
1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or
contract, or which is a defaulter as surety or otherwise upon any obligation to the City.
2) A contract may not be awarded to any person or firm which has failed to perform under the terms and
conditions of any previous contract with the City or deliver on time contracts of a similar nature.
3) A contract may not be awarded to any person or firm which has been debarred by the City in
accordance with the City's Debarment and Suspension Ordinance.
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Invitation for Bid (IFB) 191150,2
C. Determination of Responsibility
1) Responses will only be considered from entities who are regularly engaged in the business of providing
the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to
demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material,
equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms
"equipment and organization" as used herein shall be construed to mean a fully equipped and well
established entity in line with the best industry practices in the industry as determined by the City.
2) The City may consider any evidence available regarding the financial, technical and other qualifications
and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other
governmental entity in making the award.
3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an
authorized representative of a manufacturer or supplier which is the actual source of supply, if required by
the Formal Solicitation.
1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS -
Exceptions to the specifications shall be listed on the Response and shall reference the section. Any
exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered
non-responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non-responsive; and, if
exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating
negotiations.
1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices
quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery
costs and charges included in the bid/proposal price, unless otherwise specified in this Formal
Solicitation. Failure to do so may be cause for rejection of bid/proposal.
1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its
response will be firm throughout the duration of the contract unless otherwise specified in the Formal
Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or
contracts, which are to be performed or supplied over a period of time.
1.38. FIRST -SOURCE HIRING AGREEMENT (Sec. 18-105)
(a) The Commission approves implementation of the first -source hiring agreement policy and requires
as a condition precedent to the execution of service contracts for facilities, services, and/or receipt of grants
and loans, for projects of a nature that create new jobs, the successful negotiation of first -source hiring
agreements between the organization or individual receiving said contract and the authorized representative
unless such an agreement is found infeasible by the city manager and such finding approved by the City
Commission at a public hearing.
(b) For the purpose of this section, the following terms, phrases, words and their derivations shall have
the following meanings:
Authorized representative means the Private Industry Council of South Florida/South Florida Employment
and Training Consortium, or its successor as local recipient of federal and state training and employment
funds.
Facilities means all publicly financed projects, including but without limitation, unified development
projects, municipal public works, and municipal improvements to the extent they are financed through
public money services or the use of publicly owned property.
Grants and loans means, without limitation, urban development action grants (UDAG), economic
development agency construction loans, loans from Miami Capital Development, Incorporated, and all
federal and state grants administered by the city.
Service contracts means contracts for the procurement of services by the city which include professional
services.
Services includes, without limitation, public works improvements, facilities, professional services,
commodities, supplies, materials and equipment.
(c) The authorized representative shall negotiate each first -source hiring agreement.
(d) The primary beneficiaries of the first -source hiring agreement shall be participants of the city
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training and employment programs, and other residents of the city.
1.39. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24,
states that employers shall pay employee wages no less than the minimum wage for all hours worked in
Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and
comply with this Florida constitutional minimum wage requirement and pay its employees the current
established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using
the consumer price index for urban wage earners and clerical workers, CPI -W, or a successor index as
calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall
be determined and published by the Agency Workforce Innovation on September 30th of each year and
take effect on the following January 1st.
At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full
responsibility to detemtine whether any of its employees may be impacted by this Florida Law at any given
point in time during the term of the contract. If impacted, bidder/proposer must furnish employee name(s),
job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of
submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that
the Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of
any contractual price increase request(s). The City reserves the right to request and successful
bidder/proposer must provide for any and all information to make a wage and contractual price increase(s)
determination.
1.40 CITY OF MIAMI LIVING WAGE ORDINANCE- The City of Miami adopted a living wage
ordinance for city service contracts awarded by the city containing a total contract value exceeding
$100,000 annually for the following services: food preparation and/or distribution; security services;
routine maintenance services such as custodial, cleaning, computers, refuse removal, repair, refinishing and
recycling; clerical or other non -supervisory office work, whether temporary or permanent; transportation
and parking services; printing and reproduction services; landscaping, lawn, and or agricultural services.
If this solicitation requires the aforementioned services, effective on April 1, 2009, contractors must pay
its' employees a living wage no less than $11.66 an hour with a health benefit plan and not less than $12.91
an hour without health benefits, which shall be adjusted annually by no later than April I st following the
publication of the U.S Department of Health and Human Services Poverty Guidelines, as published from
time to time.
A service contractor is defined as any "for profit" individual, business entity, corporation, partnership,
limited liability company, joint venture, or similar business: (1) Paid in whole or part from one or more of
the city's general funds, capital project funds, special revenue funds, or any other funds either directly or
indirectly, whether by competitive bid process, informal bids, requests for proposals, some form of
solicitation, negotiation, or agreement, or any other decision to enter into a contract; and, (2) The service
contractor is engaged in the business of, or part of, a contract or a subcontract to provided covered services,
either directly or indirectly, for the benefit of the city. This does not apiy to contracts related primarily to
the sale of products or goods.
The service contractor, prior to entering any such contract, must certify to the city that it will pay each of
its covered employees no less than the living wage. A copy of this certificate must be made available to the
public upon request. The certificate, at a minimum, must include the following:
(1) The name, address, and phone number of the employer, a contact person, and the specific project for
which the service contract is sought;
(2) The amount of the service contract and the city department the contract will serve.
(3) A brief description of the project or service provided;
(4) A statement of the wage levels for all covered employees; and
(5) A commitment to pay all covered employees the living wage.
A copy of the living wage rate shall be kept posted by the service contractor at the site of the work in a
prominent place where it can easily be seen and read by the covered employees and shall be supplied to
such employees within a reasonable time after a request to do so. Additionally, service contractors shall
furnish a copy of the requirements of the City of Miami Living Wage Ordinance to any entity submitting a
bid for a subcontract on any service contract subject to this article. Posting requirements will not be
required where the service contractor prints the following statements on the front of the covered employee's
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Invitation for Bid (IFB) 191150,2
first paycheck and every six months thereafter. "You are required by the City of Miami Living Wage
Ordinance to be paid a Living Wage. if you do not believe you being paid at the Living Wage rate, contact
your employer, an attorney, or the City of Miami." All notices will be printed in English, Spanish and
Creole.
Service Contractors and their subcontractors agree to produce all documents and records relating to payroll
and compliance this Ordinance. Each service contractor shall maintain payroll records for all covered
employees and basic records relating thereto and shall preserve them for a period of three (3) years from
the date of termination or expiration of the service contract. The records shall contain:
(1) The name and address of each covered employee;
(2) The job title and classification;
(3) The number of hours worked each day;
(4) The gross wages earned and deductions made;
(5) Annual wages paid;
(6) A copy of the social security returns and evidence of payment thereof,
(i) A record of fringe benefit payments including contributions to approved plans; and
(8) Any other data of information the city require from time to time.
Every six months, the service contractor shall file with the city's procurement director a listing of all
covered employees together with a certification of compliance with this article. Upon request from the
city, the service contractor shall produce for inspection and copying its payroll records for any or all of its
covered employees for any period covered by the service contract. The city may examine payroll records as
needed to ensure compliance.
Failure to comply with the City of Miami Living Wage Ordinance may result in legal action by the
covered employee or former covered employee as allowed by Florida Law, court impose sanctions, city
impose sanctions, such as pay wage restitution, impose monetary damages, suspension or termination of
payment, termination of contract, and debarment.
Please review City of Miami Code Section 18-556 through Section 18-559 for a complete and thorough
description of the City of Miami Living Wage.
1.41. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by
the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this
Contract shall take place in Miami -Dade County, Florida.
1.42. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been
inserted for convenient reference only and shall not in any manner be construed as modifying, amending or
affecting in any way the expressed terms and provisions hereof.
1.43. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any
person or entity that performs or assists the City of Miami with a function or activity involving the use or
disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI)
shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City
of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards,
which include but are not limited to:
A. Use of information only for performing services required by the contract or as required by law;
B. Use of appropriate safeguards to prevent non -permitted disclosures;
C. Reporting to the City of Miami of any non -permitted use or disclosure;
D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to
the Bidder/Proposer and reasonable assurances that IIHI/PHi will be held confidential;
E. Making Protected Health Information (PHI) available to the customer;
F. Making PHI available to the customer for review and amendment; and incorporating any amendments
requested by the customer;
G. Making PHI available to the City of Miami for an accounting of disclosures; and
H. Making internal practices, books and records related to PHI available to the City of Miami for
compliance audits.
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Invitation for Bid (IFB) 191150,2
PHI shall maintain its protected status regardless of the form and method of transmission (paper records,
and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its
privacy information practices including specifically, a description of the types of uses and disclosures that
would be made with protected health information.
1.44. INDEMNIFICATION - The Contractor shall indemnify and save harmless forever the City, and all
the City's agents, officers and employees from and against all charges or claims resulting from any bodily
injury, loss of life, or damage to property from any act, omission or neglect, by itself or its employees; the
Contractor shall become defendant in every suit brought for any of such causes of action against the City or
the City's officials, agents and employees; the Contractor shall further indemnify City as to all costs,
attorney's fees, expenses and liabilities incurred in the defense of any such claims and any resulting
investigation.
1.45. INFORMATION AND DESCRIPTIVE LITERATURE—Bidders/Proposer must furnish all
information requested in the spaces provided in the Formal Solicitation. Further, as may be specified
elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical
specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered.
Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this
provision.
1.46. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's
facilities and perforin such tests, as the City deems reasonably necessary, to determine whether the goods
and/or services required to be provided by the Contractor under this Contract conform to the terms and
conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities
and assistance to facilitate the performance of tests or inspections by City representatives. All tests and
inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance
No. 12271 (Section 18-79), as same may be amended or supplemented from time to time.
1.47. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation
will not be made available until such time as the City provides notice of a decision or intended decision or
within 10 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be
furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation.
Tabulations also are available on the City's Web Site following recommendation for award.
1.48. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor,
shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of
coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled
"Insurance Requirements". The City shall be listed as an "Additional Insured."
Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the
insurance certificate is received within the specified time frame but not in the manner prescribed in this
Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5)
calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required
insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after
receipt Notice of Award, the contractor shall be in default of the contractual terns and conditions and shall
not be awarded the contract, Under such circumstances, the Bidder/Proposer may be prohibited from
submitting future responses to the City. Inforniation regarding any insurance requirements shall be directed
to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami,
Florida 33130, 305-416-1604.
The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in
conjunction with this Section remain in effect for the duration of the contractual period; including any and
all option terns that may be granted to the Bidder/Proposer.
1.49. INVOICES - Invoices shall contain purchase order number and details of goods and/or services
delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida
Statutes (Prompt Payment Act).
1.50. LOCAL PREFERENCE - City Code Section 18-85, states that the City Commission may offer to a
responsible and responsive bidder/proposer, who maintains a Local Office, the opportunity of accepting a
bid at the low bid amount, if the original bid amount submitted by the local vendor is not more than ten
percent (10%) in excess of the lowest other responsible and responsive bidder/proposer.
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Invitation for Bid (IFB) 191150,2
1.51. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from
bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal.
Failure to provide such certification may result in the rejection of bid/proposal or termination of
contract/agreement, for which the bidder/proposer must bear full liability.
1.52. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No
contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if
applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City
of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the
contract, purchase order or award sheet as appropriate.
1.53. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed
or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create
any other similar relationship between the parties.
1.54. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance
with specifications under the direction of the Florida Department of Agriculture and Consumer Services or
by other appropriate testing Laboratories as determined by the City. The data derived from any test for
compliance with specifications is public record and open to examination thereto in accordance with
Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and
returned at Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in
the response and/or Purchase Order may result in bidder/proposer being found in default in which event
any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these
stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list.
1.55. NONDISCRIMINATION —Bidder/Proposer agrees that it shall not discriminate as to race, sex,
color, age, religion, national origin, marital status, or disability in connection with its performance under
this formal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall
solely by reason of his/her race, sex, color, age, religion, national origin, marital status or disability be
excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any
program or activity.
In connection with the conduct of its business, including performance of services and employment of
personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion,
disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be
afforded equal opportunity for employment.
1.56. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its
best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts
for these herein goods and/or services, and to make use of other competitively bid (governmental)
contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be
available.
It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of
the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction
with this Formal Solicitation.
In addition, any and all commodities, equipment, and services required by the City in conjunction with
construction projects are solicited under a distinctly different solicitation process and shall not be purchased
under the terms, conditions and awards rendered under this solicitation, unless such purchases are
determined to be in the best interest of the City.
1.57. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business
location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the
City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of
Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational
License Tax requirements. A copy of the license must be submitted with the response; however, the City
may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City
during the evaluation period, but prior to award.
1.58. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or
joint venture will be considered in response to this Formal Solicitation. When submitting an alternate
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Invitation for Bid (IFB) 191150,2
response, please refer to the herein condition for "Alternate Responses May Be Considered".
1.59. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents,
records, files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer
pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by
the Bidder/Proposer for any other purposes whatsoever without the written consent of the City.
1.60. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person
or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of
such provision to persons or circumstances other than those as to which it is held invalid shall not be
affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent
permitted by law.
1.61. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a
Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred
percent (100%) of the contract price.
1.62. PREPARATION OF RESPONSES (HARDCOPY FORMAT)—Bidders/Proposers are expected to
examine the specifications, required delivery, drawings, and all special and general conditions. All
bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink.
Failure to do so will be at the Bidder's/Proposer's risk.
A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The
Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address,
and telephone number on the face page and on each continuation sheet thereof on which he/she makes an
entry, as required.
B. If so required, the unit price for each unit offered shall be shown, and such price shall include
packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise
specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's
compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If
applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated
quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case
of a discrepancy between the unit price and extended price, the unit price will be presumed correct.
C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods
and/or services.
D. The Bidder/Proposer should retain a copy of all response documents for future reference.
E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in
ink with the firm's name and by an officer or employee having authority to bind the company or firm by
his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person
signing the response or the response may be rejected.
F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the
Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion.
G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in
hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING
HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS,
UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE
RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON-RESPONSIVE.
1.63. PRiCE ADJUSTMENTS — Any price decrease effectuated during the contract period either by
reason of market change or on the part of the contractor to other customers shall be passed on to the City of
Miami.
1.64. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's
product becomes unavailable during the term of the Contract, the Contractor awarded that item may
arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or
lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds
all quality requirements.
1.65. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS -
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Invitation for Bid (IFB) 191150,2
Contractor represents and warrants to the City that it has not employed or retained any person or company
employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to
pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in
connection with, the award of this Contract.
1.66. PROMPT PAYMENT—Bidders/Proposers may offer a cash discount for prompt payment; however,
discounts shall not be considered in determining the lowest net cost for response evaluation purposes.
Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal
Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for
the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is
understood and agreed that the terns shall be 2% 20 days, effective after receipt of invoice or final
acceptance by the City, whichever is later.
When the City is entitled to a cash discount, the period of computation will commence on the date of
delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is
necessary due to damage, the cash discount period shall commence on the date final approval for payment
is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash
discount, the City is entitled to a cash discount with the period commencing on the date it is determined by
the City that a cash discount applies.
Price discounts off the original prices quoted on the Price Sheet will be accepted from successful
bidders/proposers during the tern of the contract.
1.67. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such
property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City
of Miami. Damages to such property occurring while in the possession of the Contractor shall be the
responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami
shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total
loss, the Contractor shall be responsible for replacement value of the property at the current market value,
less depreciation of the property, if any.
1.68. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all
covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the
benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns.
1.69. PUBLIC ENTITY CRIMES - 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 response on a contract to provide any
goods or services to a public entity, may not submit a response on a contract with a public entity for the
construction or repair of a public building or public work, may not submit responses 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 the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list,
1.70. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable
times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter
119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the
City and the public to all documents subject to disclosure under applicable law. Contractor's failure or
refusal to comply with the provision of this section shall result in the immediate cancellation of this
Contract by the City.
1.71. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All
materials used in the manufacturing or construction of supplies, materials, or equipment covered by this
solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality,
and of the highest grade of workmanship, unless as otherwise specified in this Solicitation.
1.72. QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality
and workmanship. Materials furnished to complete the service shall be new and of the highest quality
except as otherwise specified in this Solicitation.
1.73. REMEDIES PRIOR TO AWARD (See. 18-106) - If prior to Contract award it is determined that a
formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be
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Invitation for Bid (IFB) 191150,2
cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be
applicable, or revised to comply with the law.
1.74. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105)
(a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city
attorney, shall have the authority to resolve controversies between the Contractual Party and the city which
arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater
than $25,000, the City Commission must approve the City Manager's decision. Such authority extends,
without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of
complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City
Manager.
(b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall
promptly render a written report stating the reasons for the action taken by the City Commission or the City
Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the
protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting
party shall not be entitled to such judicial relief without first having followed the procedure set forth in this
section.
1.75. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104)
(a) Right to protest. The following procedures shall be used for resolution of protested solicitations and
awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does
not exceed $25,000.
Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing.
I.Protest of Solicitation.
i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract
may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with
the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications
or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to
file a protest is considered filed when received by the Chief Procurement Officer; or
H. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may
protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the
Chief Procurement Officer within three days after the solicitation is published in a newspaper of general
circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement
Officer.
2. Protest of Award.
i. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two
days after receipt by the proposer of the notice of the City Manager's recommendation for award of
Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier
Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City
Manager's recommendation can be found by selecting the details of the solicitation and is listed as
Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is
indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that
solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this
section of the website daily after responses are submitted to receive the notice; or
ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder
may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with
the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's
determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be
confirmed by the city by facsimile or electronic snail or U.S. mail, return receipt requested. A notice of
intent to file a protest is considered filed when received by the Chief Procurement Officer.
iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer
within five (5) days after the date the notice of protest was filed. A written protest is considered filed when
received by the Chief Procurement Officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for
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Invitation for Bid (IFB) 191150,2
assigning points in making an award determination.
The written protest shall state with particularity the specific facts and law upon which the protest of the
solicitation or the award is based, and shall include all pertinent documents and evidence and shall be
accompanied by the required Filing Fee as provided in subsection (0. This shall form the basis for review
of the written protest and no facts, grounds, documentation or evidence not contained in the protester's
submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the
consideration of the written protest.
No time will be added to the above limits for service by mail. In computing any period of time prescribed
or allowed by this section, the day of the act, event or default from which the designated period of time
begins to run shall not be included, The last day of the period so computed shall be included unless it is a
Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is
neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be
excluded in the computation of the time for filing.
(b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the
approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief
Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting
party and shall submit said decision to the City Commission within 30 days after he/she receives the
protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be
submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by
the city attorney and the City Manager.
(e) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a
protest or the written protest, together with the required Filing Fee as provided in subsection (0, with the
Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of
such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek
judicial relief without first having followed the procedure set forth in this section
(d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the
requirements of this section, the city shall not proceed further with the solicitation or with the award of the
Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided
in subsection (b) above, unless the City Manager makes a written determination that the solicitation process
or the Contract award must be continued without delay in order to avoid an immediate and serious danger
to the public health, safety or welfare.
(e) Costs. All costs accruing from a protest shall be assumed by the protestor.
(f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or
cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed
Contract, or $5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which
may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by
the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded
to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee
shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by
subsection (e) above.
1.76. SAMPLES - Samples of items, when required, must be submitted within the time specified at no
expense to the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples,
at their expense, within 30 days after notification. Failure to remove the samples will result in the samples
becoming the property of the City.
1.77. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell,
assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or
assign any portion of the performance required by this contract, except under and by virtue of written
permission granted by the City through the proper officials, which may be withheld or conditioned, in the
City's sole discretion.
1.78. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty,
service and replacements that will be provided. Bidders/Proposer must explain on the Response to what
extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable,
should be submitted with your response.
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Invitation for Bid (IFB) 191150,2
1.79. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any
supplemental specification as to any detail or the omission from it of detailed description concerning any
point shall be regarded as meaning that only the best commercial practices are to prevail and that only
materials of first quality and correct type, size and design are to be used. All workmanship and services is
to be first quality.
All interpretations of these specifications shall be made upon the basis of this statement.
If your firm has a current contract with the State of Florida, Department of General Services, to supply the
items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply
with this request will result in disqualification of bid/proposal.
1.80. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via
the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500
Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as
designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend
the solicitation closing; however, no award will be made at that time.
A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope,
box or package must show the hour and date specified for receipt of responses, the solicitation number and
title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the
requisite Response Forms may be rejected. Hardcopy responses received at any other location than the
specified shall be deemed non-responsive.
Directions to City Hall:
FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US]. USI SOUTH TO 27TH AVE.,
TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, I
BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN
AMERICAN DR. PARKING IS ON RIGHT.
FROM THE SOUTH: US] NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO.
BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, I BLOCK TURN RIGHT ON PAN
AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
B. Facsimile responses will not be considered.
C. Failure to follow these procedures is cause for rejection of bid/proposal,
D. The responsibility for obtaining and submitting a response on or before the close date is solely and
strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by
the United States mail delivery or caused by any other occurrence. Responses received after the
solicitation closing date and time will be returned unopened, and will not be considered for award.
E. Late responses will be rejected,
F. All responses are subject to the conditions specified herein. Those which do not comply with these
conditions are subject to rejection.
G. Modification of responses already submitted will be considered only if received at the City before the
time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle
System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider
any subsequent submission which alters the responses.
H. If hardcopy responses are submitted at the same time for different solicitations, each response must be
placed in a separate envelope, box, or package and each envelope, box or package must contain the
information previously stated in 1.82.A.
1.81. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal
Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers
should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for
the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08,
Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer.
1.82. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate
this contract by written notice to the contractor effective the date specified in the notice should any of the
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Invitation for Bid (IFB) 191 150,2
following apply:
A. The contractor is determined by the City to be in breach of any of the terms and conditions of the
contract.
B. The City has determined that such termination will be in the best interest of the City to terminate the
contract for its own convenience;
C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is
contingent upon the availability of appropriate funds.
1.83. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services
awarded to a Bidder/Proposer have been received, inspected, and found to comply with award
specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be
made by the City of Miami.
Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection
and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable
law.
1.84. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this
solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if
delivery is not made within the time(s) specified on their Response. Deliveries are to be made during
regular City business hours unless otherwise specified in the Special Conditions.
1.85. TITTLE - Title to the goods or equipment shall not pass to the City until after the City has accepted
the goods/equipment or used the goods, whichever comes first.
1.86.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses
submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An
exception may be made for "trade secrets."
If the Response contains information that constitutes a "trade secret", all material that qualifies for
exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE
SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the
outside.
Please be aware that the designation of an item as a trade secret by you may be challenged in court by any
person. By your designation of material in your Response as a "trade secret" you agree to indemnify and
hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and
attorney's fees incurred by the City by reason of any legal action challenging your claim.
1.87. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified
Bidder(s)/Proposer(s) nor any of his/her employees shall perforin any work or deliver any goods unless a
change order or purchase order is issued and received by the Contractor. The qualified
Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the
contract or any work performed by an employee not otherwise previously authorized.
1.88. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other
publicity purposes. No advertising, sales promotion or other publicity materials containing information
obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express
written permission of the City Manager or the City Commission.
1.89. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers
must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If
variations are not stated on their Response, it will be assumed that the product fully complies with the
City's specifications.
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Invitation for Bid (IFB) 191 150,2
2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for tree and palm relocations, as specified herein,
from a source(s) of supply that will give prompt and efficient service fully compliant with the terms,
conditions and stipulations of the solicitation.
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION
Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the
Purchasing Department, Attn: Maritza Suarez, CPPB; fax: (305) 400-5025 or
email: msuarez@ci.miami.fl.us. The solicitation title and number shall be referenced on all
correspondence. All questions must be received no later than Friday, November 13, 2009 at 5:00 p.m.. All
responses to questions will be sent to all prospective bidders/proposers in the form on an addendum. NO
QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE.
2.3. NON -APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in
any fiscal period for payments due under this contract, then the City, upon written notice to Contractor or
his assignee of such occurrence, shall have the unqualified right to terminate the contract without any
penalty or expense to the City. No guarantee, warranty or representation is made that any particular or any
project(s) will be awarded to any firm(s).
2.4. METHOD OF AWARD
Award of this contract will be made to the lowest responsive and responsible bidder on a group by group
basis, who bids on all items within a group and whose bid offers the lowest price when all items in the
group are added in the aggregate. If bidder fails to bid on all items within a group its bid will be declared
non-responsive for that group.
2.5. BIDDER'S MINIMUM QUALIFICATIONS
Bids will be considered only from firms that are regularly engaged in the business of providing goods
and/or services as described in this Bid; that have a record of performance for a reasonable period of time;
and that have sufficient financial support, equipment and organization to insure that they can satisfactorily
provide the goods and/or services if awarded a Contract under the terms and conditions herein stated.
Bidder shall:
(1) Not have any member, officer, or stockholder that is in arrears or is in default of any debt or contract
involving the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to
perform faithfully on any previous contract with the City.
(2) Have no record of pending lawsuits or criminal activities, and have never been declared bankrupt.
Additionally, the following requirements must be met:
(a) A minimum of three (3) years of experience in the relocation of trees and palms from sites other than
commercial nurseries — including root pruning, canopy pruning, lifting, and rigging — that are
comparable in size and quantity to those identified to be relocated from Tract "A" and/or from Tract
«D„
(b) Submit with bid response, a list of all tree and palm relocation projects completed under contract
within the past five years (October 2004 through October 2009), including the number and species of
trees relocated in each individual project: client name; and dollar value of the contract.
(c) Submit at time of bid response, written recommendations/endorsements, on company letterhead, from
at least three clients for whom the proposer completed a multiple tree/palm relocation project similar
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Invitation for Bid (IFB) 191150,2
in nature to that of this project.
(d) Submit with bid response, a list of all key personnel / experienced personnel who will be involved in
any capacity in "hand -on" execution of the work, and identify their title and years of experience with
the proposer Firm, and with other Firms engaged in work similar in nature to that of this project.
(e) Submit with bid response, a list of all mechanical equipment and identify by manufacturer and model
number, that will be implemented in undertaking and completing this project. For example, loaders;
tree booms; cranes; excavators; root grinders; "drop deck" or "low boy" flatbed trailers; harnesses and
special rigging; water truck(s); and other essential equipment. Indicate if owned or if rental and, if
rental, provider of individual pieces of specified equipment.
(f) For projects listed under 2, above, identify unique means and methods of performance that facilitated
the expeditious, efficient and timely relocation of trees and palms of comparable size and quantity to
those identified to be relocated from Tract "A" and/or Tract "D". Address also issues of task and
project management, coordination, and related issues.
(g) Supervisory personnel (Superintendents or Foremen) able to communicate clearly, with a minimum
of three (3) years of "in -field, hands-on" experience in the preparation of trees and palms for
relocation, and the transport and installation of trees and palms of comparable size to those identified
to be relocated from Tract "A" and/or Tract "D".
(h) Provide with bid response, written schedules of performance, indicating the time required to root
prune, canopy prune, and relocate the indicated trees and palms, in calendar days.
(i) Indicate your ability to commence work within ten (10) calendar days from receipt of a Purchase
Order as issued by the Purchasing Department, and to prosecute the work daily, until completion.
0) Full and complete compliance at all times during the prosecution of the work, with all safety
requirements, including those established by OSHA.
2.6. FAILURE TO PERFORM
Should it not be possible to reach the contractor or supervisor and/or should remedial action not be taken
within 48 hours of any failure to perform according to specifications, the City reserves the right to declare
Contractor in default of the contract or make appropriate reductions in the contract payment.
2.7. INSURANCE REQUIREMENTS (Revised)
INDEMNIFICATION
Bidder shall pay on behalf of, indemnify and save City and its officials harmless, from and against any and
all claims, liabilities, losses, and causes of action, which may arise out of bidder's performance under the
provisions of the contract, including all acts or omissions to act on the part of bidder, including any person
performing under this Contract for or on bidder's behalf, provided that any such claims, liabilities, losses
and causes of such action are not attributable to the negligence or misconduct of the City and, from and
against any orders, judgments or decrees which may be entered and which may result from this Contract,
unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys'
fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof.
The bidder shall furnish to City of Miami, c/o Purchasing Department, 444 SW 2nd Avenue, 6th Floor,
Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained
which meets the requirements as outlined on Attachment 1.
BINDERS ARE UNACCEPTABLE.
The insurance coverage required shall include those classifications, as listed in standard liability insurance
manuals, which most nearly reflect the operations of the bidder.
All insurance policies required above shall be issued by companies authorized to do business under the
laws of the State of Florida, with the following qualifications:
The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial
strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New
Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification
by Risk Management prior to insurance approval.
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days
written advance notice to the certificate holder.
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Invitation for Bid (IFB) 191150,2
NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE.
Compliance with the foregoing requirements shall not relieve the bidder of his liability and obligation
under this section or under any other section of this Agreement.
--If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be
responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10)
calendar days in advance of such expiration.
—In the event that expired certificates are not replaced with new or renewed certificates which cover
the contractual period, the City shall:
(4) Suspend the contract until such time as the new or renewed certificates are received by the City in
the manner prescribed in the Invitation To Bid.
(5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement
damages from the Bidder in conjunction with the General and Special Terms and Conditions of the Bid.
The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this
Section remain in force for the duration of the contractual period; including any and all option terms that
may be granted to the Bidder.
2.9. METHOD OF PAYMENT
Payment will be made upon final completion and acceptance of this project. The City will pay the contract
price minus any liquidated damages and/or other damages to the Contractor upon final completion and
acceptance. Payment will be made on partial deliveries accepted by the City when the amount due on such
deliveries so warrants at the discretion of the City.
2.10. COMPLETED WORK
The City shall be notified by the Contractor upon completion of work. The City shall inspect and approve
completed work before authorizing payment. Work not satisfactorily completed shall be redone by the
Contractor at no additional charge to the City.
2.11. PRE-BID CONFERENCE
A Mandatory pre-bid conference will be held on Thursday, November 12, 2009 at 10:00 a.m., at MRC
Building, 444 SW 2nd Avenue, 8th Floor Conference Room, Miami, FL. Bidder's failure to attend shall
deem any bid from the same as non-responsive. At that conference all work will be discussed and all
questions answered. No questions will be answered except at the pre-bid conference.
Bidders who arrive more than one-half (1/2) hour late at the initial Conference at Thursday, November 12,
2009 at 10:00 a.m., shall not be deemed as having met this mandatory requirement.
2.12. CONTRACT ADMINISTRATOR
Upon award, contractor shall report and work directly with Mr. Edward Baker, Landscape Architect, who
shall be designated as the Contract Administrator.
2.13. SUPERVISION
The successful bidder shall employ a competent supervisor, at no additional cost to the City, who shalt be
in charge of project and monitor the quality of the work and performance of Bidder personnel during the
progress of the project. The supervisor shall be the primary representative for the Bidder and all
communications given to and all decisions made by the supervisor shall be binding to the Bidder.
Notwithstanding, the supervisor shall be considered to be, at all times, an employee of the Bidder under its
sole direction and not an employee or agent of City of Miami.
2.14. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED
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Invitation for Bid (IFB) 191150,2
As part of its Bid, the Bidder is required to identify any and all Subcontractors that will be used in the
performance of the proposed contract, their capabilities, experience, minority designation, as defined in
Ordinance 10062 and the portion of the work to be done by the Subcontractor. Failure to identify any and
all subcontractors in the Bid shall render the Bid non-responsive; unless, the low bidder submits this
documentation to the City within five (5) working days after the bid opening.
The Contractor shall not, at any time during the tenure of the contract, subcontract any part of his
operations or assign any portion or part of the contract, to Subcontractor(s) not originally mentioned in their
Bid, except under and by virtue of permission granted by the City through the proper officials.
Nothing contained in this specifications shall be construed as establishing any contractual relationship
between any subcontractor and the City.
The contractor shall be fully responsible to the City for the acts and omissions of the subcontractor and
their employees, as for acts and omissions of persons employed by contractor.
2.15. SUBCONTRACTOR(S)'S MINIMUM REQUIREMENTS
Bidder must list any or all subcontractor(s) that may be utilized to assist in the perfonmance of the work
specificied herein. Any subcontractor(s) listed must meet the same requirements and submit the same
information listed under the Bidder's Minimum Ouaiifications section. All information required shall be
included in the solicitation response. If bidder does not include any subcontractor(s) as part of its bid
submittal, it will be construed that bidder will be able to handle the entire workload by itself and will not be
allowed to subcontract any of the work unless it request in writing the hiring of subcontractor(s) with the
aforementioned requirements attached to its request within seventy two (72) hours of considering hiring
subcontractor(s). The City will grant or deny such request in writing within forty-eight (48) hours of
receiving said request.
2.16. TIE BIDS
Whenever two or more Bids which are equal with respect to price, quality and service are received by the
City for the procurement of commodities or contractual services, a Bid received from a business that
certifies that is has implemented a drug-free workplace program shall be given preference in the award
process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a
drug-free workplace program. 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 action 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' 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 Bid 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 Bid, 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 five (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.
2.17. LIQUIDATED DAMAGES
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Invitation for Bid (IFB) I91150,2
Upon failure to complete the project in accordance with the specifications and to the satisfaction of the
City within the time stated, the bidder shall be subject to assessment of liquidated damages in the amount
of $100.00 for each and every calendar day the work remains incomplete (not to exceed the total amount of
the contract), as compensation due to the City for loss of use and for additional costs incurred by the City
due to such noncompletion of the work. The City shall have the right to deduct said liquidated damages
from any amount due or that may become due to the bidder under this agreement or to invoice the bidder
for such damages if the costs incurred exceed the amount due to the bidder.
2.18. USE OF PREMISES
The contractor shall confine his/her equipment, apparatus, the storage of materials, and the operation of
his/her workmen to the limits indicated by law, ordinances, permits, or direction of the project manager,
and shall not unreasonably encumber the premises with his/her materials. The contractor shall take all
measures necessary to protect his own materials.
2.19. DAMAGES TO PUBLIC/PRIVATE PROPERTY
The contractor shall carry out the work with such care and methods as not to result in damage to public or
private property adjacent to the work. Should any public or private property be damaged or destroyed, the
contractor, at his/her expense, shall repair or make restoration as is practical and acceptable to the City
and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to
exceed one month from date damage was done).
2.20. COMPLETE PROJECT REQUIRED
These specifications describe the various items or classes of work required, enumerating or defining the
extent of same necessary, but failure to list any item or classes under scope of the several sections shall not
relieve the contractor from furnishing, installing or performing such work where required by any part of
these specifications, or necessary to the satisfactory completion of the project.
2.21. CONTRACTOR TO BE REPRESENTED
The contractor at all times must either be personally present at the worksite or be represented at the
worksite by a responsible agent or agents designated by the contractor in written notice to the City prior to
the beginning of work. Such notification shall include pertinent data such as addresses, phone numbers,
etc., where said agent or agents may be contacted at any time of the day or night. The agent or agents shall
be clothed with full authority to act for the contractor in all cases, and to carry out any instructions relative
to the work may be given by the City.
2.22. SPECIFICATION EXCEPTIONS
Specifications are based on the most current literature available, Bidder shall notify the City of Miami
Purchasing Department, in writing, no less than ten (10) days prior to solicitation closing date of any
change in the manufacturers' specifications which conflict with the specifications. For hard copy bid
submittals, bidders must explain any deviation from the specifications in writing as a footnote on the
applicable specification page and enclose a copy of the manufacturer's specifications data detailing the
changed item(s) with his/her submission. For electronic bid submittals, bidders must explain in the Header
Section or by an Attachment and, if applicable, enclose a scanned copy of the manufacturer's specifications
data detailing the changed item(s) with his/her submission, Additionally, bidders must indicate any options
requiring the addition of other options, as well as those which are included as a part of another option.
Failure of bidders to comply with these provisions will result in bidders being held responsible for all costs
required to bring the item(s) in compliance with contract specifications.
2.23. PUBLIC CONVENIENCE AND SAFETY
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Invitation for Bid (IFB) 19] 150,2
The contractor shall conduct his work so as to interfere as little as possible with private business or public
travel. He shall, at his own expense, whenever necessary or required, maintain barricades, maintain lights,
and take such other precautions as may be necessary to protect life and property, and he shall be liable for
all damages occasioned in any way by his actions or neglect or that of his agents or employees.
The contractor shall meet the following noise abatement performance standards for all construction
equipment:
Between the hours of 7:00 A.M. and 6:00 P.M. noise levels shall not exceed 90 dBA at the nearest
residential or commercial property line.
Operation of equipment should be avoided between the hours of 6:00 P.M. and 7:00 A.M., but if required,
the noise level shall not exceed 65 dBA.
2.24. SAFETY MEASURES
Contractor shall take all necessary precautions for the safety of employees, and shall erect and properly
maintain at all times all necessary safeguards for the protection of the employees and the public. Danger
signs warning against hazards created by his/her operation and work in progress must be posted.
All employees of contractor shall be expected to wear safety glasses or goggles, appropriate clothing, and
hearing protection when and wherever applicable. The contractor shall use only equipment that is fully
operational and in safe operating order. Contractor shall be especially careful when servicing property
when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed.
2.25. TERMINATION
A. FOR DEFAULT
If Contractor defaults in its performance under this Contract and does not cure the default within 30 days
after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon
written notice without penalty to the City of Miami. In such event the Contractor shall be liable for
damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is
determined for any reason that the Contractor was not in default or (2) the Contractor's failure to perform is
without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a
termination for the convenience of the City of Miami.
B. FOR CONVENIENCE
The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when
it is in the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or
software, and so terminated for the convenience by the City of Miami the Contractor will be compensated
in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so
terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions
of the Contract for those services rendered prior to termination.
2.26. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included with the solicitation response shall be evaluated or
considered, and any and all such additional terms and conditions shall have no force or effect and are
inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently,
appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood
and agreed that the General and Special Conditions in this solicitation are the only conditions applicable to
this solicitation and that the bidder's/proposer's authorized signature affixed to the bidder's/proposer's
acknowledgment form attests to this.
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Invitation for Bid (IFB) 191150,2
3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
Successful bidder(s) shall provide all work,as described in this Scope of Work/Specifications,
in accordance with and governed by the following:
A. The execution of the proposed work requires provision of all equipment, plant, labor, materials,
licenses, permits, and payment of all associated fees necessary to complete the root pruning; canopy
pruning; careful removal; burlapping or shrink-wrapping of loose root balls; safe transportation of trees and
palms; excavation of planting pits; provision and placement of Planting Mix, including fertilizer,
stress -reducer (PHC Tree Saver), and water absorber/retainer (Terrasorb Hydrogel); the application of
anti-dessicant (WiltPruf) to Live Oaks to be relocated; including but not limited to, the following:
(a) Site preparation at the Orange Bowl Site, including communication with Martins Baseball Stadium
general contractor, for scheduling, access and coordination;
(b) Site preparation at the various locations to receive installation of trees and palms;
(c) Installation in identified locations marked by City of Miami Parks staff, ensuring all tree and palm
installations clear utility locations marked by Sunshine State;
(d) Site maintenance and maintenance of public and worker safety during all aspects of prosecution of
the work;
(e) Backfilling of all excavations associated with removal and/or installation of trees and palms;
(f) Maintenance of Traffic in compliance with City, County, and FDOT requirements;
(g) Maintenance of installed trees and palms, including compliance with the specified watering regime;
and
(h) Clean-up.
(i) Tree Location Plan, consisting of Sheet LA -1, dated 29 May 2009, and titled ETDP & ON-SITE
TRANSPLANT PLAN; (Available at the mandatory pre-bid meeting).
The successful bidder shall be required to obtain all approvals and permits, and hold all required licenses
and insurance in forms satisfactory to and in compliance with requirements of the City of Miami.
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Tree and palm relocations indicated on Drawings or speci­fied in this section
and accompanying documents.
1.02 SUBMITTALS
A. Prior to tree canopy pruning and root pruning, excavation, removal, planting pit preparation, or
relocation, Contractor shall provide a detailed, daily schedule of operations, indicating the work items listed
herein as they apply to each of the numbered and/or lettered trees/palms to be relocated. Included shall be:
1. anticipated number of trees to be root pruned, canopy pruned, and prepared for relocation, each day;
2. actual number of trees to be relocated each day;
3. total number of days required to relocate all trees;
4. canopy and root pruning schedule.
B. Contractor shall apply for and obtain all licenses and permits and pay all fees if required by the City
of Miami, county, state, or federal agencies or governing bodies. Insure full compliance with any and all
governing environmental regulations related specifically to tree removals and/or relocations.
C. Proposed methods, materials, and schedule for canopy pruning, root pruning, and tree maitenance
shall be submitted for written approval of the Landscape Architect.
1.03 QUALITY ASSURANCE
A. Comply with applicable requirements of the following standards. Where standards conflict with other
specified requirements, most restrictive requirements shall govern.
1. Z60.1 / American Standard for Nursery Stock. (American Association of Nurserymen, Inc.).
2. National Arborists Association (NAA): Ref. 1 / Transplanting of Trees and Shrubs in the Southeastern
United States.
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Invitation for Bid (IFB) 191150,2
3. Florida Nurserymen and Growers Association: Grades and Standards for Nursery Stock.
4. International Society of Arborists (ISA).
5. Florida Division of Forestry.
B. The term 'relocated tree' includes deciduous and evergreen trees, and palms.
1.03 DESCRIPTION
A. Trees and palms to be relocated are designated on the drawings and/or in this specification. They shall
be prepared for relocation, moved, and replanted as directed by the Landscape Architect.
B. The foreman superintendent of the work force utilized by the Contractor in the relocation of existing
trees shall have a minimum of three (3) years arboricultural/horticultural experience in the preparation,
relocation, and maintenance of relocated specimen trees with canopy and caliper sizes comparable to those
indicated on the drawings.
C. Open excavations resulting from tree relocations shall be immediately backfi lied with clean fill in
compacted 18" lifts, and brought flush with surrounding grade, after removal of the tree. Contractor shall
take appropriate measures to stabilize such excavations and shall be aware of the potential intrusion of
children during and after work hours into the site of the work. Contractor shall correct all problems related
to settlement, erosion, or other distress of excavated areas from which trees have been removed: this
includes the complete and thorough removal of all roots and stumps.
E. Staging of tree preparation and relocations shall occur as expeditiously as possible, and in a manner
that will insure protection of and appropriate access to relocated trees, for purposes of on-going
maintenance and watering.
1.04 TREE IDENTIFICATION
A. The Contractor shall preserve in place each numerical tree identification tag.
1.05 CANOPY PRUNING
A. Selectively prune and thin canopy to remove approximately 1/3 of the secondary branches. Preserve
the typical species shape and character of the tree, and remove all dead, dying, diseased, split, broken,
damaged, and rubbing branches. Prune trees with foliage in place.
B. Remove by hand stripping all leaves, following canopy pruning and prior to relocation.
C. After installation at new location, apply anti-dessicant (WiltPruf or equal) to all foliage, branches,
and trunks of relocated trees.
1.06 ROOT PRUNING
A. Trees to be relocated shall be root pruned with sharp, clean equipment at least 30 days prior to
relocation. Root ball sizes shall conform to the following:
1. ROOT BALL SIZE TABLE:
(Note; Root ball sizes shall exceed minimum standards set forth in Grades and Standards for Nursery
Plants, Part II, Palms and Trees, Florida Department of Agriculture).
a. CALIPER DBH MINIMUM BALL DIAMETER
I" - 1 1/2" 16"
1 1/2" - 1 3/4"
20"
1 3/4" - 2"
24„
2" - 2 1/2"
28"
2 1/2" - 3 1/2"
32"
3 1/2" - 4"
36"
4" - 4 1/2"
40"
4 1/2" - 5"
44"
5" - 5 1/2"
48"
5 'i/2" — 6"
52"
6" — 6 1/2"
56"
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Invitation for Bid (IFB) 191 I50,2
6 1/2" — 7" 60"
b. MINIMUM ROOT BALL HEIGHT (DEPTH)
[1] Root balls with a diameter less than 20" shall have a height (depth) of not less than 18".
[2] Root balls with a diameter 20" to 36" shall have a height (depth) of not less than 26".
[3] Root balls with a diameter greater than 36" shall have a height (depth) of not less than 34".
C. The root ball of each tree to be relocated shall be fully and completely enclosed within a burlap
covering of a minimum of three complete layers (thicknesses) common to the nursery industry.
d. Trees having a caliper of 6" or greater shall be placed on a wood platform, to which the root ball
shall be temporaily temporarily fastened. The appurtenances and wood platform shall be subject to the
inspection and approval of the Landscape Architect.
B. After relocation, brace trees as follows:
I . Wrap trunk of tree with a minimum of three layers of burlap, between six feet (6') and eight feet (8')
above crown of root structure;
2. Place four, twelve inch ( 12") long 2x4 pressure treated blocks, vertically and evenly spaced, around
the rank of the tree, over the burlap;
3. Affix securely two steel bands, three inches (3") from the top and three inches (3") from the bottom
of the pressure treated blocks, and secure tightly with banding lock;
4. Securely fasten four (4), 4x4 pressure treated braces, one to each PT block, at approximately 60 degree
angles to the trunk, and secure each approximately 6" below grade with a single, eighteen inch (18") long
pressure treated wood stake, galvanized pipe, or #4 steel reinforcing rod.
5. Paint approximately eight feet (8') of visible length of each PT brace with DayGlo paint, from a point
approximately forty-eight inches (48") above grade.
PART 2 PRODUCTS
2.01 MATERIALS
A. Planting Mix: An evenly blended mixture by volume of 20% organic "Everglades Muck",; 20%
Canadian Peat Moss; 40% coarse ("sharp -edged") sand; and 20% decomposed pine bark or wood chips.
Add twelve (12) pounds of specified fertilizer to each cubic yard of Planting Mix and thoroughly blend.
After addition of fertilizer amendment, Planting Mix shall have pH between 6.0 and 7.0 after blending.The
Landscape Architect reserves the right to reject at any time Planting Mix utilized during the execution of
work, which does not meet the specification.
B. Commercial Fertilizer: Commercial grade fertilizer, uni­form in composition, dry, free flowing
and delivered to site in fully labeled, unopened containers, bearing name, trade name or trademark and
warranty of producer. All fertilizers shall conform to applicable State and Federal law. At least 50% of the
nitrogen content shall be derived from natural organic sources and potash derived from sulfate of potash.
Each container of fertilizer shall bear the manufacturer's statement of analysis or a manufacturer's
certificate of com­pliance shall be submitted to the Landscape Architect upon delivery to the site. The
following minimum percentages of available plant food by weight are required.
I. 12-4-8 Fertilizer
a. Total Nitrogen, not less than 12.00%.
b. Nitrate Nitrogen, not less than 1.5%.
c. Ammoniacal Nitrogen, not less than 5.7%.
d. Granular Blend Requirements:
[1] Water soluble organic nitrogen, not less than 1.3%.
[2] Water insoluble organic nitrogen, not less than 3.5%.
[3] Available Phosphoric Acid, not less than 4.0%.
[4] Water Soluble Potash, not less than 8.0%.
[5] Total primary plant food, not less than 24.0%.
[6] Chlorine, not more than 6,0%.
[7] Secondary Plant Foods:
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Invitation for Bid (IFB) 191150,2
OXIDE ELEMENTAL
Magnesium 2 or Mn 1.20%
Manganese 1 or Mn .70%
[8] From F.T.E. 504 - 30 lbs. per ton to be com­posed of the following elements:
ELEMENTAL
Boron B203 .1845% B .05%
Copper
Cu0
.1312%
Cu
.10%
Iron
Fe203
.3360%
Fe
.26%
Manganese
Mn0
.1372%
Mn
.10%
Molybdenum
Mo03
.0015%
Mo
Zinc
ZnO
.1312%
Zn
.10%
[9] Derived
from this source
Materials:
a) Ammonium Nitrate
b) Sulfate of Ammonia
c) Ureaform or I.B.D.U.
d) Triple Superphosphate
e) Muriate of Potash
f) Sulfa -Mag
g) Manganese Sulfate
[10] All materials to be prilled or granular inform, except Manganese Sulfate.
C. Peat: Peat moss intended for horticultural use.
D. Mulch: Shredded'Florimulch' (Forestry Resources, Ft. Myers, Florida), free of weed retardant. No
other mulch in any form is acceptable.
E. Anti-dessicant: Apply a uniform coating by sprayer over the trunk braches, twigs, and foliage of each
tree, of "Wilt -Prof ' (1-800-972-0726), a Lewis acid catalyzed organic polymer of beta-pinene, composed of
carbon and hydrogen to create a film -forming polymer coating. Spray each tree immediately after root
pruning and canopy pruning have been completed. Spray each tree with "Wilt -Prof' a second time,
immediately preceding relocation and replanting.
F. Stress -reducer: For each one inch of caliper DBH, incorporate into the Planting Mix under
observation of the Landscape Architect at the site of installation one, three ounce (3 oz) packet of "PHC
Tree Saver" (1-800-421-9051) a mycorrhizal fungal transplant incoulant, into the uppermost 8" of
compacted Planting Mix surrounding the root ball, and water to total soil saturation. For example, a G'
caliper DBH tree shall receive 18 ounces of "PHC Tree Saver" incorporated into the uppermost 8" of
Planting Mix. Place a loose measure 3" layer of `Florimutch' over the entirety of the root ball crown after
relocation and replanting.
G. Water Absorber/Retainer: For each one inch of caliper DBH, thoroughly incorporate into the
Planting Mix under observation of the Landscape Architect at the site of installation two ounces (2 ozs) by
weight of "Terra -Sorb Coarse Hydogel" (1-800-42I-9051), a water -absorbing and storing copolymer gel .
For example, a 6" caliper DBH tree shall receive 12 ounces of Terra -Sorb incorporated into the Planting
Mix.
H. Water: Potable water shall be provided by the Contractor. In the event of emergency or other loss
of water supply, Contractor shall be responsible for providing adequate water supply for required watering
of all plant materials.
PART 3 EXECUTION
3.01 INSPECTION
A. Proceed with the work of this section only when condi­tions favorable to the proper and timely
completion of the work exist, and when unacceptable conditions have been corrected in an acceptable
manner.
B. Periodic observation work of this section will be undertaken by the Landscape Architect.
3.02 TRANSPLANTING
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Invitation for Bid (IFB) 191 150,2
A. Trees shall be dug and prepared for relocation in a manner that will not cause damage to the
branches, shape, root system, symmetry, and development of the tree.
B. Root balls shall be firmly wrapped with burlap. Trees shall be lifted from the bottom of the root
ball, using multiple straps, or a solid wood platform. Do not lift large trees from trunk.
3.03 HANDLING AND TRANSPORTATION
A. Trees shall be properly handled during excavation, moving and relocation so trunks will not be
scarred or otherwise damaged, and to avoid breaking limbs and large branches. Broken limbs and branches
may cause tree to be determined unacceptable requiring its removal and replacement.
B. The root balls of all trees and palms shall be supported by slings and/or platforms during relocation.
Trees shall not be lifted by slings connected only to trunks and branches.
C. All trees exceeding 24' in height, shall have secured to the base of their trunks immediately above the
crown of the root ball, a guide rope minimum 20' in length, to assist in maneuvering the tree from its
removal location to its proposed new planting location.
Contractor shall provide adequate supervision during relocation operations to insure protection of persons
and property.
D. Immediately backfill each tree removal site, prior to excavating next tree for relocation.
Contractor shall provide sufficient skilled work force to continue excavation operations of next tree, while
installation of previous tree is completed.
E. Trees removed from their existing locations shall be completely replanted the same day.
F. Contractor shall be responsible for the manual watering of all relocated trees.
G. Establish with the Landscape Architect an appropriate and safe bracing program for ail relocated
trees whose size requires additional or specialized bracing.
3.04 MAINTENANCE
A. All relocated trees shall be maintained by the Contractor immediately after relocation, and watered
three days each week — between the hours of 6AM and 9AM and/or 3PM and 6PM — for the first three (3)
weeks after relocation; then two days a week for the next three (3) weeks; and then one day a week for the
next three (3) weeks, at which time Final Written Acceptance of the all tree relocation work as specified on
the drawings and in the specifications will be issued, contingent upon satisfactory performance.
PART 4. ORANGE BOWL SITE
FORMAT
Royal Palm Number / Height
Live Oak Number / Height x Spread x Caliper DBH
Senegal Date Palm / Height x Spread / Caliper DBH
Group 1: TRACT "A"
South of Northwest 7th Street, between Northwest 14th Avenue and Northwest 16th Avenue.
TREES & PALMS
Royal Palms
1.
22/35' / Eaton
2.
23/30'/ Eaton
3.
24/30' / Eaton
4.
26/35' / Eaton
5.
27/30' / Eaton
6.
28/30' / Eaton
7.
29/35' / Eaton
8.
30/35'/ Morningside
9.
31/35' / Morningside
10.
72/35' / Morningside
11.
73/30' / Morningside
12.
74/30'/ Bay of Pigs
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Invitation for Bid (IFB) 191150,2
13. 80/25' / Bay of Pigs
14. 83/35' / Bay of Pigs
I5. 84/30' / Bay of Pigs
16. 86/30' / Bay of Pigs
17. 90/35' / Bay of Pigs
18. 91/35' / Robert King High
19. 92/25' / Robert King High
Live Oaks
1. 93/22'x 25'x 10" DBH / Rainbow Village
2. 95/25' x 25'x 12" DBH / Rainbow Village
3. 96/22' x 25'x 12" DBH / Simonoff
Senegal Date Palms
1. 37/20' x 20' x 12" DBH / Hadley
2. 38/20' x 20' x 12" DBH / Hadley
3. 39/20' X 20' X 10" DBH / Hadley
Group 2: TRACT "D"
Between Northwest 3rd Street and Northwest 4th Street, between Northwest 16th Avenue and Northwest
17th Avenue.
TREES & PALMS
Royal Palms
1. 172/30' / Maceo
2. 173/30' / Maceo
3. 174/35' / Maceo
4. 176/30' / Maceo
5. 177/30' / Maceo
6. 203/35' / Maceo
7. 204/30' / Maceo
8. 211/30' /Kennedy
9. 212/30' / Kennedy
10. 213/25' / Kennedy
11. 214/30' / Kennedy
12. 216/28' / Kennedy
13. 217(35' / Kennedy
14. 218/35' / Kennedy
15. 219/35'/ Little Haiti
16. 222/35' / Little Haiti
17. 223/30' / Little Haiti
18. 224/35' / Little Haiti
19. 225130' / Little Haiti
20. 227/30' / Little Haiti
21. 228/35'/ Little Haiti
22. 229135'/ Little Haiti
23. 231/30'/ Morningside
24. 236(35' / Morningside
25. 237/35'/ Morningside
26. 239/25' / Morningside
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Invitation for Bid (IFB) 191150.2
27. 241/25' ( Morningside
28. 242/25' / Morningside
29. 243/30' / Morningside
30. 244/35'/ Morningside
31. 245/35'/ Morningside
32. 248/35'/ Morningside
33. 249/35' / Morningside
34. 253/30'/ Morningside
35. 255/30' / Morningside
36. 256/35' / Morningside
37. 257/35' / Morningside
38. 271/35' / Morningside
Live Oaks
1. 178/25' x 25' x 9" DBH / Belafonte Tacolcy
2. 179/25' x 25'x 11" DBH / Belafonte Tacolcy
3. 180/25' x 30' x 12" DBH / Melrose
4. 208/22' x 25' x 8" DBH / Melrose
5. 209/25' x 25' x 9" DBH / Wainwright
6. 210/28' x 20'x 8" DBH / Wainwright
7. 226/25' x 20' x 7" DBH / Legion
8. 230/30' x 30' x 9" DBH /Legion
9. 240/25' x 25' x 9" DBH / Crestwood
10. 266/26' x 35' x 14" DBH / Kinloch
11. 267/28' x 35' x 12" DBH / Kinloch
12. 269/30' x 20' x 7" DBH / Shenandoah
Senegal Date Palms
1. 200/20' x 20'x 20" DBH / Morningside
2. 201/22' x 20' x 14" DBE / Morningside
3. 202/20' x 25'x 30" (Triple) / Morningside
4. 205/20' x 20' x 14" DBH / Morningside
5. 206/20' x 20'x 14" DBH / Robert King High
6. 207/18'x 20'x 14" DBH / Robert King High
7. 232/20' x 20' x 14" DBH / Robert King High
8. 233/16' x 20' x 14" DBH / Robert King High
9. 234/20' x 20'x 14" DBH / Bay of Pigs Site
10. 235/20'x 20'x 14" DBH /Bay of Pigs Site
11. 238/20'x 20'x 14" DBH /Bay of Pigs Site
12. 270/30' x 20' x 18" DBH / Bay of Pigs Site
PART 5: PARK SITES FOR RELOCATIONS
I. Bay of Pigs / 1508 Southwest 8th Street
6 Royal Palms / Tract "A"
4 Senegal Date Palms / Tract "D"
2. Belafonte Tacoley Center / 6161 Northwest 7th Avenue
2 Live Oaks / Tract "D"
3. Crestwood Park / NW 11th Ave., between NW 47th Terr. & NW 48th St.
I Live Oak / Tract "D"
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4. Eaton Park / 490 Northeast 61st Street
7 Royal Palms / Tract "A"
5. Hadley Park / 1300 Northwest 50th Street
3 Senegal Date Palms / Tract "A"
6. Kennedy Park / 2600 South Bayshore Drive
7 Royal Palms / Tract "D"
7. Kinloch Park / 455 Northwest 47th Avenue
2 Live Oaks / Tract "D"
8. Legion Park /6447 Northeast 7th Avenue
2 Live Oaks / Tract "D"
9. Little Haiti Soccer Park / 6301 Northeast 2nd Avenue
8 Royal Palms / Tract "D"
10. Maceo Park/ 5135 Northwest 7th Street
7 Royal Palms / Tract "D"
11. Melrose Park / Northwest 25th Ave. at Northwest 31 st Street
2 Live Oaks / Tract "D"
12. Morningside Park / 750 Northeast 55th Terrace
4 Royal Palms / Tract "A"
16 Royal Palms / Tract `D"
4 Senegal Date Palms / Tract "D"
13. Rainbow Village Park / 2140 Northwest 3rd Avenue
2 Live Oaks / Tract "A"
14. Robert King High Park 17025 West Flagler Street
2 Royal Palms / Tract "A"
4 Senegal Date Palms / Tract "D"
15. Shenandoah Park / 1800 Southwest 21st Avenue
1 Live Oak / Tract "D"
16. Simonoff Park / Northwest 54th Street & Northwest 18th Ave.
1 Live Oak / Tract "A"
17. Wainwright Park / 2845 Brickell Ave.
2 Live Oaks / Tract "D"
Invitation for Bid (IFB) 191150,2
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