HomeMy WebLinkAboutExhibit - SUBBID NO. 13-14-026
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Dr. MLK Jr. BOULEVARD AND TRAFFIC CIRCLES LANDSCAPING CONTRACT
PUBLIC WORKS DEPARTMENT PROJECT NO.: M-0109
Due Date: Tuesday, October 14, 2014
Due Time: 11:00 a.m.
Mayor Tomas P. Regalado
Commissioner Wifredo (Willy) Gort, District 1
Commissioner Marc David Sarnoff, District 2
Commissioner Frank Carollo, District 3
Commissioner Francis Suarez, District 4
Commissioner, Keon Hardemon, District 5
City Manager, Daniel J. Alfonso
Issued By:
City of Miami
Public Works Department
Eduardo Santamaria, PE, CGC, Director
444 SW 2nd Avenue, 8th Floor
Miami, FL 33130
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Bid No. 13-14-026 Page 0
Section Article No.
No.
TABLE OF CONTENTS
Title Page No.
NOTICE TO CONTRACTORS
00100 GENERAL INSTRUCTIONS TO BIDDERS
1 General
2 Scope of Work
3 Location of Work
4 Terms of the Contract
5 License Requirements
6 Performance Bond
7 Subcontractors
00200 DEFINITIONS
00300 INSTRUCTIONS TO BIDDERS
1 Examination of Contract Documents and Site
2 Pre Bid Interpretations
3 Submitting Bids
4 Printed Form of Bid
5 Bid Guaranty
6 Acceptance or Rejection of Bids
7 Determination of Award
8 Evaluation
9 Contract Price
10 Postponement of Date for Presenting and Opening of
Bids
11 Qualifications of Bidders
12 Addenda and Modifications
13 Occupational Health and Safety
14 Environmental Regulations
15 "Or Equal" Clause
16 Protested Solicitation Award
17 Financial Stability and Strength
18 Local, Small and Disadvantaged Firm Participation
19 Minority /Women Procurement Program
20 First Source Hiring Agreements
21 Documentation of Community Participation Benefits
22 Cone of Silence
23 Public Entity Crime
24 Commodities manufactured, grown, or produced in the
City of Miami, Miami -Dade County and the State of
Florida
5
7
9-10
11-17
00400 PROPOSAL BID FORM 18-25
00402 SCHEDULE OF BID PRICES — PAY ITEMS 26-28
00410 BID BOND FORM 29
Bid No. 13-14-026 Page 1
Section Article No. Title Page No.
No.
00500 SUPPLEMENT TO BID FORM: 31
QUESTIONNAIRE
00502 SUPPLEMENT TO BID FORM: 36
CUSTOMER REFERENCE LISTING
00510 SUPPLEMENT TO BID FORM 38
OFFICE LOCATION AFFIDAVIT
00600 CONTRACT
1 Scope of Work
2 The Contract Sum
3 Partial And Final Payments
4 Time of Completion
5 Additional Bond
6 Contract Documents
7 The Contract Term
8 Contingency Clause
9 Notices
10 Materiality and Waiver of Breach
11 Severance
12 Applicable Law and Venue
13 Amendments
14 Prior Agreements
40
00710 FORM OF PERFORMANCE BOND 48
00720 FORM OF PAYMENT BOND 51
00721 CERTIFICATE AS TO CORPORATE PRINCIPAL 54
00735 PERFORMANCE AND PAYMENT GUARANTY FORM 55
UNCONDITIONAL/IRREVOCABLE LETTER OF
CREDIT
00800 GENERAL CONDITIONS
1 Contract Documents
2 Intention of City
3 Terms of the Contract
4 Preliminary Matters
5 Performance Bond and Payment Bond
6 Qualification of Surety
57
Bid No. 13-14-026 Page 2
Section Article No. Title Page No.
No.
7 Indemnification
8 Insurance Requirements
9 Labor and Materials
10 General Requirements
11 Worker's Identification
12 Royalties and Patents
13 Weather
14 Permits, Licenses and Impact Fees
15 Resolution of Disputes
16 Inspection of Work
17 Authority of the City Project Manager/Engineer
18 Superintendence and Supervision
19 Method of Performing the Work
20 City's Right to Terminate Contract
21 Assignment
22 Contractor's Use of the Work Site
23 Interfering Structures
24 Site Investigation and Representation
25 Contractor's Responsibility for Damages and Accidents
26 Accidents
27 Safety Precautions
28 Warranty of Material
29 Manufacturer's Instructions
30 Manufacturer's Warranty
31 Defective Work
32 Taxes
33 Subcontracts
34 Separate Contracts
35 Continuing the Work
36 Changes in the Work or Terms of Contract Documents
37 Supplemental Instructions
38 Field Directives
39 Change Orders
40 Value of Change Order Work
41 No Damages for Delay
42 Force Majeure
43 No Interest
44 Material Safety Data Sheets & Product Data
45 Stop Work Order
46 Cleaning Up; City's Right to Clean Up
47 Nondiscrimination, Equal Employment Opportunity, and
Americans with Disabilities Act
48 Contingency Allowance
49 Payment and Performance Bond
50 Davis Bacon Act — Not Applicable
51 Pricing and Payment
52 Materials and Equipment
Bid No. 13-14-026 Page 3
Section Article No. Title Page No.
No.
53 Method of Award
54 Additions/Deletions of Services Required
55 Estimated Quantities
56 Emergency/ Disaster Performance
57 Contract Hierarchy
58 Third Party Beneficiaries
59 Warranty, Fitness for Purpose
01000 SUPPLEMENTAL CONDITIONS
1 Scope of Work
2 Quality Assurance
3 Description of Work
4 Fencing around Excavation
5. Providing access to business establishments
6 Permit
7 Maintenance of Landscaping
8 Root Guard
9 Planting
10 Sodding
11 Irrigation
12 Terms of the Contract
13 Pricing and Payment
14 Materials and Equipment
15 Traffic Circles
Attachment A
DIVISION 2A - Planting
DIVISION 2B- Sodding
DIVISION 2C- Irrigation
DIVISION 2D- Traffic Circles Locations
Typical Tree Planting Location
Public Work Engineering Standards, Misc. 17-293
76
80
Bid No. 13-14-026 Page 4
INVITATION TO BID NO. 13-14-026
NOTICE TO CONTRACTORS
Sealed bids will be received by the City of Miami, Office of the City Clerk, City Hall, 1st Floor, 3500
Pan American Drive, Miami, Florida 33133-5504, until 11:00 A.M. on Tuesday, October 14, 2014 for
the project entitled:
Dr. MARTIN LUTHER KING (MLK) Jr. BOULEVARD AND TRAFFIC CIRCLES
MAINTENANCE CONTRACT, M-0109
Scope of Work: The project consists of complete landscaping services for the following locations: #1).
Dr. Martin Luther King Jr. Boulevard (MLK) located along N.W. 62 Street from N.W. 5th Place to N.W. 12th
Avenue, #2); the east and west embankments of 1-95 ramps intersecting N.W. 62nd Street, #3); the
Butterfly Gardens located east and west of 1-95 and N.W. 54th Street and; #4.) 118 Traffic Circles and
corresponding round about areas and traffic separators located at roadway intersections. A complete
landscaping service consists of but is not limited to mowing, weeding, edging, pruning, trimming, raking,
blowing, mulching, herbicide and insecticide, etcetera. 26 times per year; Litter pick up (cups, paper trash,
bags, bottles, etc.) Shall also be provided on a weekly basis. The scope of work shall also include
maintenance services to the irrigation system(s) at the Butterfly Gardens and the planting shrubs and
trees in the subject locations as required. NOTE: Additional locations for landscaping and irrigation
services may be added to this contract as maintenance responsibilities are transfered to the Public Works
Department. The work performed by the subcontractors cannot be more than 10% of the total work
specified in this contract.
Minimum Requirements: THE PROSPECTIVE BIDDER MUST HAVE A CURRENT CERTIFIED
CONTRACTOR'S LICENSE FROM THE STATE OF FLORIDA CONSTRUCTION INDUSTRY LICENSE
BOARD FOR THE CLASS OF WORK TO BE PERFORMED OR THE APPROPRIATE CERTIFICATE
OF COMPETENCY OR THE STATE'S CONTRACTORS CERTIFICATE OF REGISTRATION AS
ISSUED BY MIAMI-DADE COUNTY CODE, WHICH AUTHORIZES THE BIDDER TO PERFORM THE
PROPOSED WORK. THE SELECTED CONTRACTOR SHALL HOLD A MIAMI-DADE COUNTY
MUNICIPAL OCCUPATIONAL LICENSE ISSUED BY MIAMI-DADE COUNTY IN THE APPROPRIATE
TRADE (Landscaping).
A 100% Performance and Payment Bond for the Total Bid Amount is required for this Project.
A 5% Bid Bond for the Total Bid Amount is required.
Bid packages containing complete instructions, plans (for referenced only) and specifications may be
obtained at the Public Works Department, 444 S.W. 2nd Avenue, 8th Floor, Miami, Florida 33130,
Telephone (305) 416-1200 on or after Monday, September 22, 2014. Bid packages will be available in
hard copy for a non-refundable fee of $20.00. A bid package can be mailed via regular US Mail to bidders
upon written request to the Department. Said request shall include the appropriate non-refundable fee
plus $10 for shipping and handling. All bids shall be submitted in accordance with the Instructions to
Bidders. Bids must be submitted in duplicate originals in the envelope provided with the bid package. At
the time, date, and place mentioned above, bids will be publicly opened. Any bids or proposals
received after the specified time and date will be returned to the bidder unopened. The
responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the
responsibility of the bidder/proposer. The City is not responsible for delays caused by mail, courier
service, including U.S. Mail, or any other occurrence that prevents timely submittal of a bid.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF
SILENCE" IN ACCORDANCE WITH SECTION 18-74 OF THE CITY OF MIAMI ORDINANCE NO.
12271.
Bid No. 13-14-026 Page 5
Bid No. 13-14-026
Dr. MLK Jr. BOULEVARD AND TRAFFIC CIRCLES LANDSCAPING
CONTRACT, M-0109
NOTICE TO PROSPECTIVE BIDDERS
NO BID
If not submitting a bid at this time, please detach this sheet from the bid documents, complete the
information requested, and return to:
City of Miami
Public Works Department
444 SW 2nd Ave., 8th Floor
Miami, FL 33130
Facsimile No. (305) 416-1278
NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED:
Our Company does not handle this type of product/service.
We cannot meet the specifications nor provide an alternate equal product.
Our Company is simply not interested in bidding at this time.
Due to prior commitments, I was unable to attend pre -proposal meeting.
Insurance requirements are too excessive.
Other. (Please specify)
We do _ do not ___ want to be retained on your mailing list for future bids for this type of product and/or
service.
Signature:
Title:
Company:
Note: This form is for information purposes only. The City of Miami uses this information to update its
vendor's list.
Bid No. 13-14-026 Page 6
00100. GENERAL INSTRUCTIONS TO BIDDERS:
1. General: The following instructions and those set forth in Section 00300 herein are given for the
purpose of guiding Bidders in properly preparing their bids. Such instructions have equal force
and weight with other portions of the Contract Documents and strict compliance is required with
all the provisions contained in the instructions. Bidders shall note that various paragraphs within
these bid documents have a [ X ] box which may be checked. If the box is checked, the language
is made a part of the bid documents and compliance therewith is required of the Bidder; if the box
is not checked, the language is not made a part of the bid documents. For additional information,
please refer to the Public Works Department — STANDARD CONTRACT DOCUMENTS AND
SPECIFICATIONS FOR PUBLIC WORKS PROJECTS.
2. Scope of Work: The Work specified in the Contract Documents consists of furnishing all labor,
machinery, tools, means of transportation and debris disposal, supplies, equipment, materials,
water, diesel fuel and services necessary to perform the complete landscaping maintenance of
the public right of ways listed below.
The work includes, but is not limited to, the following:
• Landscaping maintenance services — 26 times per year including but not limited to mowing,
weeding, edging, pruning, trimming, raking, blowing, litter pick up (weekly), mulching,
herbicide and insecticide. Cycle frequency may be adjusted due to weather conditions and at
the discretion of the City Engineer. Adjustment to cycle frequency will not increase the
number of maintenance service visits, which will not exceed 26.
• Litter Pick Up (all type of litter such as cups, paper, disposable plastic, trash, bottles, etc.) —
every week at all locations during the term of this contract.
• Pruning — Shrubs shall be trimmed as needed to provide an informal shape, fullness and
bloom. Trees shall be free of all dead (browned) fronds and branches. Cut and remove the
fronds that are pointing down to the ground that are browning/yellowing. Tree and palm
pruning shall be done 26 times per year and all dead fronds and seeds shall be removed as
part of the 26 times per year landscaping work.
• Raking/Blowing — 26 times per year at areas around trees, palms, shrubs and ground cover
that shall be raked or moved using a blower and disposed of accordingly.
• Irrigation System Maintenance — 26 times a year at the Butterfly Gardens. Contractor is to
ensure that the irrigation system is in working condition and is responsible for any required
repairs every 2 weeks at no additional cost to the City. Responsibility includes all electrical,
plumbing and mechanical components. Yearly backflow preventer certification shall be
submitted to the City as per MDWASD requirements.
• Tree/ stump removal — "as needed".
• Tree/Palm Planting — "as needed". Planting trees and palms ( 4"d.b.h.) minimum. Every tree
must be guaranteed for 2 years from date of acceptance.
• Visual obstruction removal — "as needed".
• Planting Shrubs — "as needed". Every new shrub shall be guaranteed for 1 year from date of
acceptance.
• Sodding — "as needed".
• Mulching — "as needed". For Butterfly Garden and MLK Boulevard mulch shall be red.
• Watering — monthly watering will be required at locations #1, #2 and #4. Cycle frequency may
be adjusted by the City Engineer but shall not exceed 12 cycles.
Additional information to the Scope of Work and or supporting documents is found in Section
01000 SUPPLEMENTAL CONDITIONS of these Specifications and in Attachment A contained
herein.
Bid No. 13-14-026 Page 7
3. Location of Work:
The project is located at the following rights of ways:
• #1). Dr. MLK Jr. Boulevard located along N.W. 62 Street from N.W. 5th Place to N.W. 12th
Avenue.
• #2). The east and west embankments of 1-95 ramps intersecting N.W. 62nd Street.
• #3). The Butterfly Gardens located east and west of 1-95 and N.W. 54th Street.
• #4). City Maintained Traffic Circles and corresponding round about areas and traffic
separators located at roadway intersections and eleven (11) associated triangular areas. List
of locations is provided in Division 2D of these Specifications. There are 116 landscaped
traffic circles and 2 brick paver traffic circles and eleven (11) triangle areas as part of this
contract.
• Locations may be added or deleted by City Engineer. Any additions or deletions that
materially affect the contract will be addressed by change order.
4. Terms of the Contract:
The initial term of the Contract shall be one (1) year, which shall commence ten (10) days after a
Notice To Proceed is issued by the City of Miami. The City, at its sole discretion, may execute
and option to renew (OTR) the Contract for four (4) additional one year term periods contingent
upon availability of funding and contractor's performance, and approval by the City Commission.
5. License Requirements:
THE PROSPECTIVE BIDDER MUST HAVE A CURRENT CERTIFIED CONTRACTOR'S
LICENSE FROM THE STATE OF FLORIDA CONSTRUCTION INDUSTRY LICENSE BOARD
FOR THE CLASS OF WORK TO BE PERFORMED OR THE APPROPRIATE CERTIFICATE
OF COMPETENCY OR THE STATE'S CONTRACTORS CERTIFICATE OF REGISTRATION AS
ISSUED BY MIAMI-DADE COUNTY CODE, WHICH AUTHORIZES THE BIDDER TO
PERFORM THE PROPOSED WORK. THE SELECTED CONTRACTOR SHALL HOLD A MIAMI-
DADE COUNTY MUNICIPAL OCCUPATIONAL LICENSE ISSUED BY MIAMI-DADE COUNTY
IN THE APPROPRIATE TRADE (Landscaping).
6. Performance Bond: A 100% Performance and Payment Bond is required for this contract for
the Total Bid amount and every OTR year.
7. Subcontractor: The work performed by the subcontractors cannot be more than 10% of the
total work specified in this contract.
Bid No. 13-14-026 Page 8
00200. DEFINITIONS:
1. Definitions: Whenever the following terms or pronouns in place of them appear in the Public
Works Department — STANDARD CONTRACT DOCUMENTS AND SPECIFICATIONS FOR
PUBLIC WORKS PROJECTS, the intent and meaning shall be interpreted as follows:
1.1. Bidder means any individual, firm, incorporated or unincorporated business entity, or
corporation submitting a bid for this Project, acting directly or through a duly
authorized representative.
1.2. Change Order means a written document ordering a change in the Contract Price or
Contract Time or a material change in the Work. A change order must comply with the
Contract Documents and the Procurement Ordinance of the City.
1.3. City means the City of Miami, a Florida municipal corporation, having its principal
offices at 444 SW 2nd Ave., Miami, Florida 33130, which is a party hereto and /or for
which this Contract is to be performed. In all respects hereunder, City's performance
is pursuant to City's position as the owner. In the event City exercises its regulatory
authority as a governmental body, the exercise of such regulatory authority and the
enforcement of any rules, regulations, laws and ordinances shall be deemed to have
occurred pursuant to City's regulatory authority as a governmental body and shall not
be attributable in any manner to City as a party to this Contract.
1.4. City Commission means the governing and legislative body of the City.
1.5. City Manager means the Chief Administrative Officer of the City.
1.6. Contract means the part or section of the Contract Documents addressing some of
the rights and duties of the parties hereto, including but not limited to contract time and
liquidated damages.
1.7. Contract Documents Clarification means any request for additional information or
clarification, pursuant to the Cone of Silence, must be received in writing no later than
ten (10) calendar days prior to bid opening. Bidders may fax or mail their requests
to the attention of Eduardo Santamaria, P.E., CGC, Director of Public Works, 444
S.W. 2nd Avenue, 8th Floor, Miami, Florida 33130. The facsimile number is (305) 416-
1278.
1.8.. Contract Administrator means the individual appointed by the City Manager who
shall be the City's authorized representative to coordinate, direct, and review on behalf
of the City, all matters related to the Project. The Contract Administrator for this
Project is the Director, Department of Public Works.
1.9. Contract Documents means the Invitation to Bid, specifications, the Notice for Bids,
Addenda, if any, the Bid Form, the record of the award by the City Commission, the
Performance Bond and Payment Bond, the Notice of Award, the Notice(s) to Proceed,
the Purchase Order, Change Orders, Field Orders, Supplemental Instructions, and
any additional documents the submission of which is required by the Contract
Documents, are the documents which are collectively referred to as the Contract
Documents.
1.10. Contract Value means the original amount established in the bid submittal and award
by the City, as may be amended by an eligible and authorized Change Order.
1.11. Contract Period means the original time between commencement and expiration,
including any the exercising of any options to renew, established in Article 2 of the
Contract, as may be amended by Change Order.
1.12. Contractor means the person, firm, or corporation with whom the City has contracted
and who is responsible for the acceptable performance of the Work and for the
payment of all legal debts pertaining to the Work. All references in the Contract
Documents to third parties under contract or control of Contractor shall be deemed to
be a reference to Contractor.
Bid No. 13-14-026 Page 9
1.13. Field Order means a written order which orders minor changes in the Work but does
not involve a change in the Contract Price.
1.14 Contract Period means the approved set time to complete the project as per bid
proposal by set working days.
1.15. Inspector means an authorized representative of the City assigned to make
necessary inspections of materials furnished by Contractor and of the Work performed
by Contractor.
1.16. Materials means materials incorporated in this Project, or used or consumed in the
performance of the Work.
1.17. Notice(s) to Proceed (NTP) means written notice to Contractor authorizing the
commencement of the activities identified in the notice or as described in the Contract
Documents.
1.18. Program/Project Manager means the City employee designated by the Contract
Administrator to provide day to day management of the Project.
1.19. Contract Commencement Date means the date upon which the Contract Period
commences.
1.20. Working Day: Refer to Public Works Department - STANDARD CONTRACT
DOCUMENTS AND SPECIFICATIONS FOR PUBLIC WORKS PROJECTS.
1.21. Subcontractor means a person, firm or corporation having a direct contract with
Contractor including one who furnishes material worked to a special design according
to the Contract Documents, but does not include one who merely furnishes Materials
not so worked. The work performed by the subcontractors cannot be more than 10%
of the total work specified in this contract.
1.22. Surety means the surety company or individual, authorized to transact surety services
in the State of Florida, which is bound by the performance bond and payment bond
with and for Contractor who is primarily liable, and which surety company or individual
is responsible for Contractor's satisfactory performance of the work under the contract
and for the payment of all debts pertaining thereto in accordance with Section 255.05,
Florida Statutes.
1.23. Work means the complete landscaping, litter pick up and irrigation system including all
electrical fixtures maintenance and services required by the Contract Documents,
whether completed or partially completed, and includes all other labor, materials,
equipment and services provided or to be provided by Contractor to fulfill Contractor's
obligations.
Bid No. 13-14-026 Page 10
00300. INSTRUCTIONS TO BIDDERS:
1. Examination of Contract Documents and Site(s): It is the responsibility of each Bidder before
submitting a Bid, to:
1.1. Examine the Contract Documents thoroughly.
1.2. Visit the location site(s) or structure(s) to become familiar with conditions that may
affect costs, progress, performance or furnishing of the Work.
1.3. Take into account federal, state and local (City and Miami -Dade County including,
without limitation the City Purchasing Ordinance and Florida Building Code ) laws,
regulations, ordinances that may affect costs, progress, performance, furnishing of the
Work, or award.
1.4. Study and carefully correlate Bidder's observations with the Contract Documents.
1.5. Carefully review the Contract Documents and notify City of all conflicts, errors or
discrepancies in the Contract Documents of which Bidder knows or reasonably should
have known.
The submission of a Bid shall constitute an incontrovertible representation by Bidder/Proposer
that Bidder/Proposer has complied with the above requirements and that without exception, the
Bid is premised upon performing and furnishing the Work required by the Contract Documents
and that the Contract Documents are sufficient in scope and detail to indicate and convey
understanding of all terms and conditions for performance and furnishing of the Work.
2. Pre -Bid Interpretations: Only questions answered by written Addenda will be binding. Oral and
other interpretations or clarifications will be without legal binding effect. All questions about the
meaning or intent of the Contract Documents are to be directed to the Public Works Director, 444
SW 2nd Avenue, 8th Floor, Miami, Florida 33130. Requests for clarification or interpretation must
be in writing and may also be sent via facsimile to (305) 416-1278 to the Public Works Director.
Interpretations or clarifications considered necessary by the City's Public Works Department in
response to such questions will be issued by City by means of Addenda mailed or faxed to all
parties recorded by the City's Public Works Department as having received the Bidding
Documents. A copy of such response will be forwarded to the City Clerk's Office. Written
questions should be received no Tess than ten (10) calendar days prior to the date of the
opening of Bids. There shall be no obligation on the part of City to respond to questions
received less than ten (10) calendar days prior to bid opening.
3. Submitting Bids: All bids shall be submitted in accordance with the Instructions to Bidders. Bids
must be submitted in duplicate originals in the envelope provided with the bid package to the
City of Miami, City Clerk's office located at City Hall, First Floor, 3500 Pan American Drive, Miami,
Florida 33133, before the time and date specified for bid opening, enclosed in a sealed manila
envelope, legibly marked on the outside:. Any bids or proposals received after time and date
specified will be returned to the bidder unopened. The responsibility for submitting a
bid/proposal before the stated time and date is solely and strictly the responsibility of the
bidder/proposer. The City is not responsible for delays caused by mail, courier service, including
U.S. Mail, or any other occurrence.
4. Printed Form of Bid: All bids must be made upon the blank City of Miami Bid Form provided
herein and must give the price in strict accordance with the instructions thereon. The bid must be
signed and acknowledged by the Bidder in accordance with the directions on the bid form. Please
refer to the Public Works Department — STANDARD CONTRACT DOCUMENTS AND
SPECIFICATIONS FOR PUBLIC WORKS PROJECTS, Instructions to Bidders, Section 1.
5. Bid Guaranty: All bids shall be accompanied by either an original bid bond executed by a Surety
Company that is licensed to do business in the State of Florida, or by
money order, certified check, cashier's check, Unconditional/Irrevocable Letter of Credit,
treasurer's check or bank draft of any national or state bank (United States), in the amount of 5%
of the total bid amount, payable to City of Miami, Florida, and conditioned upon the successful
Bidder executing the Contract and providing the required Performance Bond and Payment Bond
and evidence of required insurance within fifteen (15) calendar days after notification of award of
Bid No. 13-14-026 Page 11
the Contract. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE
DEEMED A VALID BID SECURITY. Security of the successful Bidder shall be forfeited to the
City of Miami as liquidated damages, not as a penalty, for the cost and expense incurred should
said Bidder fail to execute the Contract, and provide the required Payment and Performance
Bond. The City reserves the right to reject any and all surety tendered to the City. Bid Deposits
are returned to unsuccessful bidders within ten (10) days after the award and successful bidder'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.
6. Acceptance or Rejection of Bids: 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 services
described in the formal solicitation. In the event of such rejection, the Director shall notify all
affected bidders and make available a written explanation for the rejection. The City also reserves
the right to reject the response of any bidder 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 formal 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.
7. Determination of Award: Except where the City reserves the right to reject any or all bids and
subject to other applicable restrictions, the City Commission shall award the contract to the lowest
responsive and responsible bidder and reserves the right to award to a second bidder as a
contingency to the awardee's ability to perform the services of the contract. Bidders are bidding
on a lump sum, not to exceed basis for the purpose of determining the lowest responsive and
responsible bidders. However, Bidders will be paid based on the line item breakdown, contained
in the Bid Form, with payments based on actual work performed.
The City in its sole discretion reserves the right to award any or all portions of the Bid, in a
manner that is in the best interest of the City.
In determining the lowest responsive and responsible bidder, in addition to price, there shall be
considered the following:
a. The ability, capacity and skill of the bidder to perform the Contract.
b. Whether the bidder can perform the Contract within the time specified, without delay
or interference.
c. The character, integrity, reputation, judgment, experience and efficiency of the bidder.
d. The quality of performance of previous contracts.
e. The previous and existing compliance by the bidder with laws and ordinances relating
to the Contract.
The City reserves the right to reject any bid where the line item pricing is determined to be
unbalanced. Such determination will be made at the sole discretion of the City.
8. Evaluation: An interim performance evaluation of the Contractor may be submitted during the
term of the Contract. A final performance evaluation shall be submitted when the Request for
Final Payment to the Contractor is forwarded for approval. The City of Miami shall provide a copy
to the Contractor. Such performance evaluation(s) will be combined with any previous and future
performance evaluations to determine a Contractors performance rating which will be used by the
City as a factor in considering the responsibility of the Contractor for future bids with the City.
9. Contract Price: The Contract Value is to include the furnishing of all labor, materials, overhead
expense and profit, equipment including tools, services, permit fees, applicable taxes, overhead
and profit for the completion of the Work except as may be otherwise expressly provided in the
Contract Documents. The cost of any item(s) of Work not covered by a specific Contract unit
price or lump sum price shall be included in the Contract unit price or lump sum price to which the
item(s) is most applicable. No additional compensation will be allowed.
10. Postponement of Date for Presenting and Opening of Bids: The City reserves the right to
postpone the date for receipt and opening of bids and will make a reasonable effort to give at
least five (5) calendar days notice of any such postponement to each prospective Bidder.
Bid No. 13-14-026 Page 12
11. Qualifications of Bidders: Bids shall be considered only from firms normally engaged in
performing the type of work specified within the Contract Documents. Bidder must have
adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service
to City.
In determining a Bidder's responsibility and ability to perform the Contract, City has the right to
investigate and request information concerning the financial condition, experience record,
personnel, equipment, facilities, principal business location and organization of the Bidder, the
Bidder's record with environmental regulations, and the claims/litigation history of the Bidder.
12, Addenda and Modifications: The City shall make reasonable efforts to issue addenda within five
(5) calendar days prior to bid opening. All addenda and other modifications made prior to the
time and date of bid opening shall be issued as separate documents identified as changes to the
Contract. It is the bidder's responsibility to ensure receipt of all Addenda.
13. Occupational Health and Safety: In compliance with Chapter 442, Florida Statutes, any toxic
substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of
this bid must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained
from the manufacturer. The MSDS must include the following information:
13.1. The chemical name and the common name of the substance.
13.2. The hazards or other risks in the use of the substance, including:
13.2.1. The potential for fire, explosion, corrosion, and reaction;
13.2.2. The known acute and chronic health effects of risks from exposure,
including the medical conditions which are generally recognized as being
aggravated by exposure to the substance; and
13.2.3. The primary routes of entry and symptoms of overexposure.
13.3. The proper precautions, handling practices, necessary personal protective equipment,
and other safety precautions in the use of or exposure to the substances, including
appropriate emergency treatment in case of overexposure.
13.4. The emergency procedure for spills, fire, disposal, and first aid.
13.5. A description in lay terms of the known specific potential health risks posed by the
substance intended to alert any person reading this information.
13.6. The year and month, if available, that the information was compiled and the name,
address, and emergency telephone number of the manufacturer responsible for
preparing the information.
14. Environmental Regulations: The City reserves the right to consider a Bidder's history of citations
and/or violations of environmental regulations in investigating a Bidder's responsibility, and further
reserves the right to declare a Bidder not responsible if the history of violations warrant such
determination in the opinion of the City. Bidder shall submit with its Bid, a complete history of all
citations and/or violations, notices and dispositions thereof. The non -submission of any such
documentation shall be deemed to be an affirmation by the Bidder that there are no citations or
violations. Bidder shall notify the City immediately of notice of any citation or violation which
Bidder may receive after the Bid opening date and during the time of performance of any contract
awarded to it.
15. "Or Equal" Clause: Whenever a material, article or piece of equipment is identified in the
Contract Documents including plans and specifications by reference to manufacturers' or
vendors' names, trade names, catalog numbers, or otherwise, City will have made its best efforts
to name at least three (3) such references. Any such reference is intended merely to establish a
standard; and, unless it is followed by the words "no substitution is permitted" because of
form, fit, function and quality, any material, article, or equipment of other manufacturers and
vendors which will perform or serve the requirements of the general design will be considered
equally acceptable provided the materials, article or equipment so proposed is, in the sole opinion
of the City, equal in substance, quality and function.
Bid No. 13-14-026 Page 13
ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PUBLIC WORKS
DEPARTMENT.
16. Protested Solicitation Award: Any actual or prospective contractual party who feels aggrieved in
connection with the solicitation or award of a contract may protest in writing to the Director of
Purchasing/Chief Procurement Officer who shall have the authority, subject to the approval of the
City Manager and the City Attorney, to settle and resolve a protest with final approval by the City
Commission. Bidders are alerted to Section 18-103 of the City's Code describing the protest
procedures. Protests failing to meet the requirements for filing shall NOT be accepted. Failure of
a party to timely file shall constitute a forfeiture of such party's right to file a protest. NO
EXCEPTIONS.
17. Financial Stability and Strength: The bidder must be able to demonstrate a good record of
performance and have sufficient financial resources to ensure that they can satisfactorily provide
the goods and/or services required herein.
Bidders/Proposers shall submit financial statements for each of their last two complete fiscal
years within ten (10) calendar days, upon written request. Such statements should include, as a
minimum, balance sheets (statements of financial position) and statements of profit and loss
(statement of net income). When the bid submittal is from a Joint Venture, each Bidder/Proposer
involved in the Joint Venture must submit financial statements as indicated above.
Any Bidder/Proposer who, at the time of bid submission, is involved in an ongoing bankruptcy as
a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver
has been appointed over all or a substantial portion of the property of the Bidder/Proposer under
federal bankruptcy law or any state insolvency, may be declared non -responsive.
18. First Source Hiring Agreements:
Section 18-110 of the City Code states:
(a) The City 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 or 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 include, 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 training and employment programs, and other residents of the City.
Bidders/Proposers are strongly encouraged to identify opportunities to hire qualified City
residents if a contract is awarded, and are expected to secure the cooperation of subcontractors
Bid No. 13-14-026 Page 14
in this effort as well. Approved community agencies are available to assist with recruitment and
screening of job applicants, and may periodically monitor contractors' employment records during
the term of the contract. Resident job applicants are not expected to receive special
consideration by the prospective employer, and must meet all hiring requirements normally
imposed by the employer. During the term of the Contract, if awarded, the City may require the
Contractor and its subcontractors to periodically review its manpower needs and resubmit First
Source Hiring forms.
19. Documentation of Community Participation Benefits
Proposers/Bidders shall document all efforts to obtain participation goals for the above
Community Participation Benefits under the Contract as follows:
• Securing the participation of local firms, CSBEs and/or DBEs as Subcontractor, or
major supplier for the Contractor and identifying each within the submittal
(bid/proposal/qualifications), along with the corresponding level of participation as a
percentage of total Contract compensation or dollar value
• For CSBEs and/or DBEs, submitting copies of applicable registrations or
certifications from the issuing governmental agency as part of the submittal
(bid/proposal/qualifications). Only registrations that are in effect at the time of the
submittal deadline will be considered.
• For local firms, submit the Local Office Affidavit form and occupational license
• For City resident hiring, execute and submit the First Source Hiring Compliance
affidavit identifying all potential employment opportunities becoming available as a
result of the Contract, if awarded.
20. Cone of Silence: Pursuant to Section 18-74 of the City of Miami Ordinance No. 12271, 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 IFB (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;
• the Mayor, City Commissioners or their respective staffs and the City's professional
staff including, but not limited to, the City Manager and the City Manager's staff;
• potential vendors, service providers, bidders, lobbyist or Consultants, any member of
the City's professional 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 regarding Minority/Women
Business Enterprise (M/WBE) and local vendor outreach programs, provided the
communication is limited strictly to matters of process or procedure already contained
in the solicitation document;
• the provisions of the Cone of Silence do not apply to oral communications at duly
noticed site visits/inspections, 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 or bid documents.
Bid No. 13-14-026 Page 15
• Communications in connection with the collection of industry comments or the
performance of market research regarding a particular RFP, RFQ, RFLI OR IFB 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 at MArcia(cr�,miamigov.com
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 debarment 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
Ordinance No. 12271 for further clarification.
This language is only a summary of the key provisions of the Cone of Silence. Please review City
of Miami Ordinance No. 12271 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.
21. Public Entity Crime: A person or affiliate who has been placed on the convicted Proposer list
following a conviction for a public entity crime may not submit a proposal 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 works project, may not submit a
response on a lease 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 of Florida Statutes for Category Two for a period of 36 months from the date of being
placed on the convicted Bidder / Proposer list.
22. 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.
23. Commodities manufactured, grown, or produced in the City of Miami, Miami -Dade County and
the State of Florida: Whenever two or more competitive sealed bids are received, one or more of
which relates to commodities manufactured, grown, or produced within the City of Miami, Miami -
Dade County and the State of Florida, and whenever all things stated in such received bids are
equal with respect to price, quality, and service, the commodities manufactured, grown, or
produced within the City of Miami, Miami -Dade County and the State of Florida shall be given
preference.
24. Conflict of Interest: Bidders/Proposers, by responding to this Formal 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.
Bid No. 13-14-026 Page 16
00400. PROPOSAL BID FORM: (Page 1of 14) Firm's Name:
Address:
Date:
City of Miami, Florida
Office of the City Clerk
City Hall, 1st Floor
3500 Pan American Drive
Miami, Florida 33133-5504
The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are
named herein and that no person other than herein mentioned has any interest in this bid or in the
Contract to be entered into; that this bid is made without connection with any other person, firm, or parties
making a bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud.
The Bidder further declares that it has examined the site of the Work and informed itself fully of all
conditions pertaining to the place where the Work is to be done; that it has examined the Contract
Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below;
and that it has satisfied itself about the Work to be performed; and that it has submitted the required Bid
Guaranty; and all other required information with the bid; and that this bid is submitted voluntarily and
willingly.
The Bidder agrees, if this bid is accepted, to contract with the City, a State of Florida municipal
corporation, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary
materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to
construct and complete within the time limits specified the Work covered by the Contract Documents for
the Project entitled:
Bid No: 13-14-026
Title: Dr. MLK Jr. Boulevard and Traffic Circles Maintenance Contract,
M-0109
The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form
of security, if permitted by the City, each for not less than the total bid price plus alternates, if any, and to
furnish the required Certificate(s) of Insurance.
The undersigned further agrees that the bid guaranty accompanying the bid shall be forfeited if Bidder
fails to execute said Contract, or fails to furnish the required Performance Bond and Payment Bond or
fails to furnish the required Certificate(s) of Insurance within fifteen (15) calendar days after being notified
of the award of the Contract.
In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be corrected
by the City. In the event of a discrepancy between the price bid in figures and the price bid in words, the
price in words shall govern. Bidder agrees that any unit price listed in the bid is to be multiplied by the
stated quantity requirements in order to arrive at the total. In case of an error in the extension of prices,
the numerical unit price will govern.
Bid No. 13-14-026 Page 17
00400. PROPOSAL BID FORM: (Page 2 of 14)
Note: Bidders are bidding on a total bid cost basis for the purpose of determining the lowest
responsive and responsible bidder. However, Bidders will be paid based on the line item
breakdown, contained in the Bid Form, with payments based on actual work performed. Bidders
must submit bid prices for all items. Failure to bid on all items will result in the bid being rejected
as non -responsive. The City will award a Contract to the lowest responsive responsible Bidder
based on any of the Combined Bid Price stated below. Refer to Section 01000 — Supplemental
Conditions.
Our items and lump sum bid prices include the total cost for the work specified in this bid, consisting of
furnishing all materials, labor, equipment, supervision, mobilization, overhead & profit required, in
accordance with the Bid Specifications.
TOTAL BID: The sum of items 1 through 21
based on a one (1) year completion time
Written Amount
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Note to Bidders: The City reserves the right to reject any and all bids.
The City may opt to renew (OTR) the Contract for four (4) additional one (1) year term subject to the
availability of funding and the contractor's performance.
The Total Bid price is for a one year, three hundred sixty five (365) calendar days completion time. The
second year term of the contract will be based on the Total Bid prices and no additional compensation will
be allowed. The price of the four option to renew terms is based on the Total Bid prices and no additional
compensation will be allowed.
At the option of the City, the price under Unscheduled Additive Items may be added to the appropriate
Total Bid items for determining the total cost of a Work Order. The price shall be paid from Special
Provisions and it is the same for any OTR. No additional compensation will be allowed.
Bid No. 13-14-026 Page 18
00400. PROPOSAL BID FORM: (Page 3 of 12)
DIRECTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES, AND PART III.
Part I: Listed below are the dates of issue for each Addendum received in connection with this Bid:
Addendum No. 1, Dated
Addendum No. 2, Dated
Addendum No. 3, Dated
Addendum No. 4, Dated
Part II: No addendum was received in connection with this Bid.
Part III; Certifications
The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the following, and shall
comply with all the stated requirements.
1. Affirmative Action Plan
Successful bidder(s) shall establish an Affirmative Action Plan or an Affirmative Action Policy
pursuant to Ordinance #10062 as amended. Effective date of implementation must be indicated on
the policy: and
2. First Source Hiring
Bidder certifies that (s)he has read and understood the provisions of City of Miami Ordinance No.
10032, pertaining to the implementation of a "First Source Hiring Agreement". Evaluation of bidder's
responsiveness to Ordinance No. 10032 may be a consideration in the award of a contract.
Violations of this Ordinance may be considered cause for annulment of a contract between the
successful bidder and the City of Miami; and
3. Non -Collusion
Bidder certifies that the only persons interested in this Bid are named herein; that no other person has
any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without
connection or arrangement with any other person; and
4. Drug Free Workplace
The undersigned Bidder hereby certifies that it will provide a drug -free workplace program by:
(1) Publishing a statement notifying its employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the Bidder's workplace, and
specifying the actions that will be taken against employees for violations of such prohibition;
Bid No. 13-14-026 Page 19
00400. PROPOSAL BID FORM: (Page 4 of 14)
(2) Establishing a continuing drug -free awareness program to inform its employees about:
(i) The dangers of drug abuse in the workplace;
(ii) The Bidder's policy of maintaining a drug -free workplace;
(iii) Any available drug counseling, rehabilitation, and employee assistance programs; and
(iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
(3) Giving all employees engaged in performance of the Contract a copy of the statement required
by subparagraph (1);
(4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a
condition of employment on a covered Contract, the employee shall:
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a
violation occurring in the workplace no later than five (5) calendar days after such conviction;
(5) Notifying the City in writing within ten (10) calendar days after receiving notice under
subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction.
The notice shall include the position title of the employee;
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction,
taking one of the following actions with respect to an employee who is convicted of a drug abuse
violation occurring in the workplace:
(i) Taking appropriate personnel action against such employee, up to and including termination;
or
(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state, or local health, law
enforcement, or other appropriate agency; and
(7) Making a good faith effort to maintain a drug -free workplace program through implementation
of subparagraphs(1) through (6); and
5. Lobbying
The undersigned certifies to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
Bid No. 13-14-026 Page 20
00400. PROPOSAL BID FORM: (Page 5 of 14)
(2) If any funds other than Federal appropriated funds have been paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) This undersigned shall require that the language of this certification be included in the award
documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and contracts under
grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a pre -requisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
* Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it
applies to covered contract/grant transactions over $100,000 (per QMB).
6. Debarment, Suspension and Other Responsibility Matters
The Bidder certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency.
b. Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or falsification
or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civily charged by a government entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph 1.b of
this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.
Where the prospective Bidder is unable to certify to any of the statements in this certification, such Bidder
shall submit an explanation to the City of Miami.
Bid No. 13-14-026
Page 21
00400. PROPOSAL BID FORM: (Page 6 of 14)
Attached is a Bid Bond [ ], Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of Credit [ ],
Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], Bid Bond Voucher [ ] or Certified Check [ ]
No. Bank of for the sum of
Dollars ($ ).
The Bidder shall acknowledge this bid and certifies to the above stated in Part III and IV by signing and
completing the spaces provided below.
Firm's Name:
Signature:
Printed Name/Title:
City/State/Zip:
Telephone No.:
Facsimile No.: E-Mail Address:
Social Security
No. or Federal
I.D.No.:
Dun and
Bradstreet No.:
(if applicable)
If a partnership, names and addresses of partners:
Bid No. 13-14-026 Page 22
00400. PROPOSAL BID FORM: (Page 7 of 14)
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
, a corporation organized and existing under the laws of the State
of , held on the day of , a resolution was duly passed and adopted
authorizing (Name) as (Title) of the corporation to execute
bids on behalf of the corporation and providing that his/her execution thereof, attested by the secretary of the
corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in
full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
Secretary:
Print:
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
, a partnership organized and existing under the laws of the State
of , held on the day of , a resolution was duly passed and adopted
authorizing (Name) as (Title) of the to execute bids on behalf of
the partnership and provides that his/her execution thereof, attested by a partner, shall be the official act and deed of
the partnership.
I further certify that said partnership agreement remains in full force and effect.
Partner:
Print:
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
CERTIFICATE OF AUTHORITY
(IF JOINT VENTURE)
Joint venturers must submit a joint venture agreement indicating that the person signing this bid is
authorized to sign bid documents on behalf of the joint venture. If there is no joint venture agreement each member
of the joint venture must sign the bid and submit the appropriate Certificate of Authority (corporate, partnership, or
individual).
CERTIFICATE OF AUTHORITY
(IF INDIVIDUAL)
I HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a)
(If Applicable) have executed and am bound by the terms of the bid
to which this attestation is attached.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 _
Signed:
Print:
Bid No. 13-14-026 Page 23
00400. PROPOSAL BID FORM: (Page 8 of 14)
NOTARIZATION
STATE OF
SS:
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20 , by
, who is personally known to me or who has produced
as identification and who (did / did not) take an oath.
SIGNATURE OF NOTARY PUBLIC
STATE OF FLORIDA
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
Bid No. 13-14-026 Page 24
00400. PROPOSAL BID FORM: (Page 9 of 14)
Line
No:
00402 SCHEDULE OF BID ;PRICES — PAY I I EMS;
M-0109 Page 1 of 5
Pay Item Description'.
Item .:
Cost
Item
Quantity'
Frequency,
Per year
Total Cost=
Item cost *
Item
quantity *
frequency
per year
#1. Dr. MLK Jr. Boulevard - N.W. 62 Street from N.W. 5th Place to N.W. 12th Avenue
Furnish all equipment, labor and material necessary for complete landscaping services
including mowing, weeding, edging, trimming and pruning all trees, palms, ground cover
and grass areas inside the medians, blowing, mulching, fertilizing, herbicide spraying,
insect spraying the entire area, removing litter and debris, cutting/trimming trees and
palms on a 26 visit maintenance cycle as directed by the City Engineer.
1
1 visit
26 times a
year
2
3
4
5
Furnish all equipment, labor and material necessary for Weekly litter pick up. Contractor
shall remove all debris (cups, paper trash, bags, bottles, etc.) and trash bags from the
area on the same day of pick up.
1 visit
52 times a
year
Furnish all equipment, labor and material necessary for 26 visit watering cycles at this $ 1 visit 26 times a $
location. Contractor shall supply water. year
#2. Embankments - The east and west embankments of 1-95 ramps intersecting N.W.
62nd Street
Furnish all equipment, labor and material necessary for complete landscaping services
including mowing, weeding, edging, trimming and pruning all trees, palms, ground cover
and grass areas inside the embankments, mulching, fertilizing, herbicide spraying, insect
spraying the entire area, removing litter and debris, cutting/trimming trees and palms on a
26 visit maintenance cycle as directed by the City Engineer.
Furnish all equipment, labor and material necessary for Weekly litter pick up Contractor
shall remove all debris (cups, paper trash, bags, bottles, etc.) and trash bags from the
area on the same day of the pickup.
1 visit
1 visit
26 times a
year
52 times a
year
$
Furnish all equipment, labor and material necessary for 26 visit watering cycles at this
location. Contractor shall supply water.
#3. Butterfly Gardens located east and west of 1-95 and N.W. 54th Street
1 visit
26 times a
year
7
Furnish all equipment, labor and material necessary for complete landscaping services
including mowing, weeding, edging, trimming and pruning all trees, palms, ground cover
and grass areas, red mulching, fertilizing, herbicide spraying, insect spraying the entire
area, cutting/trimming the trees and palms, installing top soil on a 26 visit maintenance
cycle as directed by the City Engineer.
1 visit
26 times a
year
Bid No. 13-14-026 Page 25
Line
No.
00400. PROPOSAL BID FORM: (Page 10 of 14)
00402 SCHEDULE OF BID PRICES = PAY ITEMS
M-0109 Page 2 of 5
Pay Item Description
Furnish all equipment, labor and material necessary for Weekly litter pick up. Contractor
shall remove all debris (cups, paper trash, bags, bottles, etc.) and trash bags from the
8 area on the same day of pick up.
Illitt'l. 118 Traffic Circles (TC) and corresponding traffic islands/areas and eleven (11)
triangular areas
9
10
11
Furnish all equipment, labor and material necessary for complete landscaping services of
116 Traffic Circles (TC) with corresponding traffic islands/areas and 11 triangular areas
including mowing, weeding, blowing, trimming all ground cover and grass areas inside the
TC area, mulching, fertilizing, herbicide spraying, insect spraying the entire area, removing
litter and debris, cutting/trimming trees and palms on a 26 visit maintenance cycle as
directed by the City Engineer. For the 2 brick paver traffic circles and their corresponding
traffic islands/areas shall be weeded, treated with herbicide and insecticide and have litter
removed (weekly).
Furnish all equipment, labor and material necessary for Weekly litter pick up and
Contractor shall remove all debris (cups, paper trash, bags, bottles, etc.) and trash bags
from the area, the same day of the pick up at the TC.
Item'.
Quantity
1 visit .
Irrigation System: Inspection and testing of the irrigation system including the electrical, $ 1,000 ft.
plumbing and mechanical components and preparation of a punch list of recommended
repairs 26 visits per year. Refer to Division 2C for additional information. NOTE: At the
option of the City, the replacement parts may be paid for from the Unscheduled Additive
Items or provided by the City.
$ 1 visit to 118
Traffic
Circles and
11 triangular
areas
1 visit to 118
Traffic
Circles and
11 triangular
areas
Frequency
Per year
52 times a
year
26 times a
year
26 times a
year
52 times a
year
Total Cost=
Item cost *
Item;
quantity *
frequency
per year
$
12
Furnish all equipment, labor and material necessary for 26 visit watering cycles at the
116 landscaped traffic circles and . Contractor must supply his/hers own water.
$ 1 visit to 116
Traffic
Circles and
11 triangular
areas
26 times a
year
1111.! Unscheduled Additive Items in Maintenance Contract (To be used as needed):
Installation of 1,000 square ft. of solid sod St. Augustine "Floratam"— Refer to DIVISION $ 1,000 square
13 2B- SODDING on an "as needed" basis. feet
1
Installation of 100 cubic yard of top soil, 50/50 mix to be place at any of the locations on as $
14 "as needed" basis.
100 cubic
yard
N/A
Bid No. 13-14-026
Page 26
00400. PROPOSAL BID FORM: (Pape 11 of 14)
15
00402 SCHEDULE OF BID PRICES — PAY ITEMS
Pay Item Description
Install 500 cubic yard of Eucalyptus Mulch Grade "A", at any location, including removal of the
existing mulching, on an "as needed" basis.
Item'.
Cost
Item
Quantity
500 cubic
yards
Frequency
Per year
N/A
Total Cost=
Item cost *
Item
quantity
frequency.
per year
16
Install 500 cubic yard of "Red" mulch, at any location, including removal of the existing mulching, on
an "as needed" basis.
500 cubic
yards
N/A
$
17
Furnishing all labor, material and equipment necessary for installing 5 palm trees (6 ft of
grey wood and 4" dbh minimum) including watering and 2 years warranty on an "as
needed" basis.
5 Palms
removal and
installation
N/A
$
18
Furnishing all labor, material and equipment necessary for installing 5 trees (4" dbh
minimum) including watering and 2 years warranty on an "as needed" basis.
5 Trees
removal and
installation
N/A
19
Furnishing all labor, materials and equipment necessary for the planting of 1,000
shrub/plant (2-gal) including removal of deceased plant, planting a new one of same
species and size, watering, and mulching for a one year period, along all locations under
this contract.
1,000 plants
removal and
installation
N/A
20
Furnishing all labor, materials and equipment necessary for the planting of 1,000
shrub/plant (5-gal) including removal of deceased plant, planting a new one of same
species and size, watering, and mulching for a one year period, along all locations under
this contract.
$
1,000 plants
removal and
installation
N/A
$
21
SPECIAL PROVISIONS = Contingency Allowance
$15,000
22
Additive Item 22: 4'x6' Tree Grate#M7222-2 Style STARBURST from IRONSMITH.
Refer to Attachment A.
1 tree grate
1
Bid No. 13-14-026
Page 27
00400. PROPOSAL BID FORM: (Page 12 of 14)
No.
SCH1+1)ULE OF`BID PRICES - PAY ITEMS'
M-0109 , Page 4.of 5
Pay Item;Description
Unscheduled Additive Items: At the option of the City, the price below for the items
identified by the City Engineer may be added to the scope of work.
Item
Quantity
23
Agave or century Plant — 5 gal.
24
Midnight — Wine Wedelia, Wedelia trilobata — 2 gal.
Each
25
Mexican Petunia — 2 gal.
Each
26
Red Mammey Croton -2 gal.
Each
27
Cuban Gold Duranta, Duranta erecta — 2 gal.
Each
28
Copper leaf, Acalypha wilkesiana — 2 gal.
Each
$
29
Dwarf Pinch Apple Plant — 5 gal.
Each
30
Shrimp Plant, Justicia brandegeana — 2 gal.
Each
31
Blueberry Flax Lily, Dianella tasmanica- 2 gal.
Each
32
Wild Coffee, Psychotria nervosa — 2 gal.
Each
33
Croton, Codiaeum variegatum — 2 gal.
Each
34
Dwarf Bouganvillea — 5 gal.
Each
35
African Queen Lilly — 5 gal.
Each
36
Limelight Hydrangea Shrub, Hydrangea paniculata — 5 gal.
Each
37
Philodendron- Xanadu — 5 gal.
Each
33
Pink Goldmound Spiraea — 5 gal.
Each
34
Arboricola Trinette, Dwarf Schefflera — 2 gal.
Each
35
Cocoplum shrub — 2 gal.
Each
36
Red Sister Cardyline, Cordyline Fruticosa — 2 gal.
Each
37
Grand Crinum Lily — 5 gal.
Each
38
Pink Tabebuia Tree - 4" dbh minimum, 14 ft oa min.
Each
39
Monstera deliciosa — 5 gal.
Each
40
Mexican Washingtonian Palm, Washingtonia robusta - 4" dbh minimum, 14 ft oa min.
Each
41
Fire Bush, Hamelia patens — 5 gal.
Each
42
Green island Ficus, Ficus Macrocarpa — 2 gal.
Each
43
Beach Creeper, Coughbush, Ernodea littoralis — 2 gal.
Each
Bid No. 13-14-026
Page 28
00400. PROPOSAL BID FORM: (Page 13 of 14)
44
Dwarf Natal Plum, Carissa macrocarpa (EckIon) — 2 gal.
Each
$
45
Pigmy date palm, Phoenix roebelenii — 4" dbh minimum, 6ft. grey wood min.
Each
$
46
Bismarck Palm, Bismarckia nobilis— 4" dbh minimum, 6 ft. grey wood min.
Each
$
47
Alexander palms, Archontophoenix alexandre— 4" dbh minimum, 6ft. grey wood min.
Each
$
48
Silver Button Tree, Conocarpus erectus — 4" dbh minimum, 12 ft oa min.
Each
$
49
Foxtail Palms, Wodyetia bifurcate - 4" dbh minimum, 6ft. grey wood min.
Each
$
50
Christmas Palm, Adonidia merrillii - 4" dbh minimum, 6ft. grey wood min.
Each
$
51
Florida Thatch palm, Thrinax radiata - 4" dbh minimum, 6ft. grey wood min.
Each
$
52
Royal Palm, Roystonea elata - 4" dbh minimum, 6ft. grey wood min.
Each
$
53
Japanese Fern Tree, Filicium decipiens - 4" dbh minimum, 14 ft oa min.
Each
$
54
Draft Blue palmetto
Sq. Ft.
$
55
Perennial Peanuts, Arachis glabrata
Sq. Ft.
$
56
One (1) new Ambient Light Solar powered controller
1
$
57
One (1) new Solar controller Model LEIT-2 X-CWB with rain sensor
1
$
58
One (1) new Solar controller Model LEIT-6 X-CWB with rain sensor
59
One (1) Solatrol mounting column (838.2 mm)
1
$
60
One (1) new 12" pop up spray head
1
$
61
One (1) new % " GAL. bubbler
1
$
62
One (1) new remote control gate valve -1 '/"
1
$
63
One (1) new remote control gate valve -2"
1
$
64
One (1) gate valve per construction plans Section C
1
$
65
20 ft. of class 200 PVC or heavier Schedule 40 PVC pipe with fittings — 2"
diameter
20 ft.
$
66
20 ft of class 200 PVC or heavier Schedule 40 PVC pipe with fittings— 3"
diameter
20 ft
$
67
One (1) new 6" pop up spray head with pressure regulator and check valve w/8Q
nozzle
1
$
68
One (1) new 6" pop up spray head with pressure regulator and check valve w/8T
nozzle
1
$
69
One (1) new 6" pop up spray head with pressure regulator and check valve w/8H
nozzle
1
$
70
One (1) new 6" pop up spray head with pressure regulator and check valve
w/10Q nozzle
1
$
71
One (1) new 6" pop up spray head with pressure regulator and check valve
w/10T nozzle
1
$
72
One (1) new 6" pop up spray head with pressure regulator and check valve
w/10H nozzle
1
$
73
One (1) new 6" pop up spray head with pressure regulator and check valve
w/10F nozzle
1
$
74
One (1) new 6" pop up spray head with pressure regulator and check valve
w/12Q nozzle
1
$
75
One (1) new 6" pop up spray head with pressure regulator and check valve
w/12T nozzle
1
$
Unscheduled Additive Items: At the option of the City, the price below for the items identified by the City Engineer may be added
to the appropriate Base Bid item for determining the total cost of a Work Order and no additional compensation will be allowed.
Bid No. 13-14-026
Page 29
00400. PROPOSAL BID FORM: (Page 14 of 14)
SUB -CONTRACTORS
Contractor shall identify below all Sub -Contractors. Categories shall be added as necessary. If no
Subcontractors are to be used, insert the word "Self' in the spaces under "Name of Subcontractor". The
work performed by all subcontractors listed below cannot be more than 10% of the total work for this
contract.
NAME OF
TYPE OF WORK SUB -CONTRACTORS
1. Landscaping
2. Irrigation
3.
4.
5.
6.
7.
SUBCONTRACTOR'S
COUNTY -MUNICIPAL
OCCUPATIONAL
LICENSE NUMBER
Bid No. 13-14-026 Page 30
00410. BID BOND FORM (Page 1 of 3)
State of Florida )
County of Dade) SS
City of Miami )
KNOWN ALL PERSONS BY THESE PRESENTS, that as Principal,
as Surety, are held and firmly bound unto The City
of Miami, in the penal sum of Dollars ($ ) lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the
accompanying bid, dated , 20 , for:
Dr. MLK Jr. Boulevard and Traffic Circles Maintenance Contract, M-0109
Bid No. 13-14-026
NOW THEREFORE:
(a) If the principal shall not withdraw said bid within ninety (90) days after date of opening the same, and shall
within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract
with the City, in accordance with the bid as accepted, and give bond with good and sufficient Surety or
Sureties, as may be required, for the faithful performance and proper fulfillment of such contract; or,
(b) In the event if the withdrawal of said bid within the period specified, or the failure to enter into such contract
and give such bond within the time specified, if the principal shall pay the City the difference between the
amount specified in said bid and the amount for which the City may procure the required work and supplies, if
the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise
to remain in full force and virtue.
Bid No. 13-14-026 Page 31
00410. BID BOND FORM (Page 2 of 3)
IN WITNESS WHEREOF, the above bound parties have executed this instrument under
their several seals, this day of , A. D., 2006,
the name and corporate seal of each party being hereto affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
WITNESS: (If Sole Ownership,
Partnership, or Joint Venture,
two (2) Witnesses are required.
If Corporation, Secretary.
only will attest and affix seal.)
PRINCIPAL:
(Name of Firm)
Seal
(Signature of authorized officer)
(Title)
(Business Address)
City
State
Surety:
Zip
(Corporate Surety)
Affix
Seal
Surety Secretary (Signature of Authorized Officer)
(Title)
(Business Address)
City State Zip
(Name of Local Insurance Agency)
Address
Telephone Number
Affix
Bid No. 13-14-026 Page 32
00410. BID BOND FORM (Page 3 of 3)
CERTIFICATE AS TO CORPORATE PRINCIPAL
, certify that I am the Secretary of the Corporation
named as Principal in the within bond; that of said corporation; that I know
his signature, and the signature hereto is genuine; and that said bond was duly signed, sealed and attested for and in
behalf of said corporation by authority of its governing body.
STATE OF FLORIDA )
COUNTY OF DADE ) SS
City OF MIAMI )
(Corporate Seal)
Before me, a Notary Public duly commissioned, and qualified, personally
appeared to me well known, who being by me first duly sworn upon oath, says
that he/she is the attorney -in -fact, for the and that he/she has been authorized by
to execute the foregoing bond on behalf of the Contractor named therein in favor of The
City of Miami, Florida.
Subscribed and sworn to before me this
INSTRUCTIONS: Bid Bonds
must be accompanied by
a Power of Attorney, in
compliance with
Instructions to Bidders
day of A. D., 20 .
Notary Public, State of Florida at Large
My Commission Expires:
Bid No. 13-14-026 Page 33
00500. SUPPLEMENT TO BID FORM:
QUESTIONNAIRE
THIS COMPLETED FORM SHOULD BE. SUBMITTED WITH THE BID, HOWEVER, SUBMISSION OF
THE FORM OR ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS
DETERMINED IN THE SOLE DISCRETION OF THE CITY, MAY BE SUBMITTED WITHIN SEVEN (7)
CALENDAR DAYS OF THE CITY'S REQUEST. FAILURE TO SUBMIT THE FORM OR ADDITIONAL
INFORMATION UPON REQUEST BY THE CITY SHALL RESULT IN THE REJECTION OF THE BID AS
NON -RESPONSIVE.
The undersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the
answers contained herein.
1. How many years has your organization been in business while possessing one of the licenses, certifications,
or registrations?
License/Certification/Registration Name and Number # Years
1A. What business are you in?
2. What is the last project of this nature that you have completed?
3. Have you ever failed to complete any work awarded to you? If so, where and why?
4. Give owner names, addresses and telephone numbers, and Surety and project names, for all projects for
which you have performed work, where your Surety has intervened to assist in completion of the project,
whether or not a claim was made.
5. Give names, addresses and telephone numbers of three individuals, corporations, agencies, or institutions for
which you have performed work:
(name)
(address) (phone #)
(name)
(address) (phone #)
(name)
(address) (phone #)
Bid No. 13-14-026 Page 34
6. List the following information concerning all contracts in progress as of the date of submission of this bid. (In
case of co -venture, list the information for all co -venturers.)
TOTAL DATE OF % OF
NAME OF OWNER & CONTRACT COMPLETION COMPLETION
PROJECT PHONE # VALUE PER CONTRACT TO DATE
(Continue list on insert sheet, if necessary.)
7. Has a representative of the Bidder completely inspected the proposed project and does the Bidder have a
complete plan for its performance?
Yes No
8. Will you subcontract any part of this Work? If so, provide the following details for each subcontractor(s) that
will perform work in excess of ten percent (10%) of the contract amount. (Attach additional sheets if necessary)
Subcontractor Approx. M/WBE
Name Percentage Status
Description of Work
The foregoing list of Subcontractor(s) may not be amended after award of the Contract without the prior written
approval of the Contract Administrator, whose approval shall not be unreasonably withheld.
9. What equipment do you own that is available for the Work?
10. What equipment will you purchase for the proposed Work?
11. What equipment will you rent for the proposed Work?
Bid No. 13-14-026 Page 35
12. State the name of your proposed project manager and superintendent and give details of his or her
qualifications and experience in managing similar work.
13. State the true, exact, correct and complete name of the partnership, corporation or trade name under which
you do business and the address of the place of business. (If a corporation, state the name of the president
and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the
individuals who do business under the trade name).
13.1 The correct name of the Bidder is
13.2 The business is a (Sole Proprietorship) (Partnership) (Corporation).
13.3 The address of principal place of business is
13.4 The names of the corporate officers, or partners, or individuals doing business under a trade name,
are as follows:
Bid No. 13-14-026 Page 36
13.5 List all organizations which were predecessors to Bidder or in which the principals or officers of the
Bidder were principals or officers.
13.6. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or
against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5)
years. Include in the description the disposition of each such petition.
13.7. List and describe all successful Performance or Payment Bond claims made to your surety(ies)
during the last five (5) years. The list and descriptions should include claims against the bond of the
Bidder and its predecessor organization(s).
13.8 List all claims, arbitrations, mediations, civil actions, administrative hearings and lawsuits brought by
or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall
include all case names; case, arbitration or hearing identification numbers; the name of the project
over which the dispute arose; a description of the subject matter of the dispute; and the final
outcome of the claim.
13.9. List and describe all criminal proceedings or hearings concerning business related offenses in which
the Bidder, its principals or officers or predecessor organization(s) were defendants.
13.10. Has the Bidder, its. principals, officers or predecessor organization(s) been debarred or suspended
from bidding by any government during the last five (5) years? If yes, provide details.
Bid No. 13-14-026 Page 37
13.11. Under what conditions does the Bidder request Change Orders?
13.12. What is the nature and amount of the three largest change orders submitted by the bidder within the
past five years, and their disposition?
Bid No. 13-14-026 Page 38
00502. SUPPLEMENT TO BID FORM:
CUSTOMER REFERENCE LISTING (Page 1 of 2)
Contractors shall furnish the names, addresses, and telephone numbers of a minimum of five (5) firms or government
organizations for which the Contractor has provided services for projects of similar size, scope and complexity over a
three (3) year period.
1)
Company Name
Address
Contact Person/Contract Amount
Telephone No. /Fax No.
2) Company Name
Address
Contact Person/Contract Amount
Telephone No. /Fax No.
3) Company Name
Address
Contact Person/Contract Amount
Telephone No. /Fax No.
4) Company Name
Address
Contact Person/Contract Amount
Telephone No. /Fax No.
Bid No. 13-14-026 Page 39
00502. SUPPLEMENT TO BID FORM:
CUSTOMER REFERENCE LISTING (Page 2 of 2)
5) Company Name
Address
Contact Person/Contract Amount
Telephone No. /Fax No.
6) Company Name
Address
Contact Person/Contract Amount
Telephone No. /Fax No.
7) Company Name
Address
Contact Person/Contract Amount
Telephone No. /Fax No.
8) Company Name
Address
Contact Person/Contract Amount
Telephone No. /Fax No.
Bid No. 13-14-026 Page 40
00510. OFFICE LOCATION AFFIDAVIT (Page 1 of 2)
Please type or print clearly. This Affidavit must be completed in full, signed and notarized ONLY IF YOU
MAINTAIN AN OFFICE WITHIN THE CORPORATE LIMITS OF THE CITY OF MIAMI.
Legal Name of Firm:
Entity Type: (Check One) Partnership Sole Proprietorship Corporation
Corporation Document No:
Date Established
Occupational License No:
PRESENT
Street Address:
Date of Issuance
fFicef f dcatio E tabus rnent of fhe bididerfPrppig pr)
City:
State:
How long at this location:
PREVIOUS
Street Address:
City:
State How long at this location:
According to Section 18-85 of the City of Miami Code, as amended:
"...if the amount of a bid submitted by a bidder who maintains a local office is not more
than ten percent in excess of the lowest other responsive and responsible bidder, such
local bidder may be offered the opportunity of accepting the contract at the low bid
amount."
The intention of this section is to benefit local bona fide bidders/proposers to promote economic development
within the corporate limits of the City of Miami.
I (we) certify, under penalty of perjury, that the office location of our firm has not been established with the sole
purpose of obtaining the advantage granted bona fide local bidders/proposers by this section. 00510.
Bid No. 13-14-026 Page 4]
OFFICE LOCATION AFFIDAVIT (Page 2 of 2)
Authorize Signature
Authorized Signature
Print Name Print Name
orat Seal) Title Title
Authorized Signature Authorized Signature
(Must be signed by the corporate secretary of a Corporation or one general partner of a partnership or the proprietor
of a sole proprietorship or all partners of a joint venture.)
NOTARIZATION
STATE OF FLORIDA, COUNTY OF MIAMI-DADE
That:
acknowledged the foregoing instrument as his/her act and deed.
That he/she has produced as identification.
NOTARY PUBLIC:
My Commission Expires:
personally appeared before me and
Please submit with your bid copies of Occupational License, professional and/or trade License to verify local
status. The City of Miami also reserves the right to request a copy of the corporate charter, corporate income
tax filing return and any other documents(s) to verify the location of the firm's office.
Bid No. 13-14-026
Page 42
00600
CONTRACT
By and Between
CITY OF MIAMI
And
(Bidder)
This AGREEMENT (hereinafter "Agreement") , is made and entered into this _ day of
2014, but effective beginning ten (10) days after Notice to Proceed is issued by the
Department's Director, in accordance with the Contract Term set forth below in Article 7 (the "Effective
Date"), by and between the City of .Miami, Florida, a municipal corporation of the State of Florida, whose
principal address is 444 S.W. 2nd Avenue, 10th Floor, Miami, Florida 33130 (the "City"), and
, whose principal address is , (the "Contractor").
WITNESSETH:
WHEREAS, pursuant to Resolution No. , adopted by the Miami City Commission on
, 2011, the City Commission accepted the competitive bid of to
provide landscaping and irrigation maintenance to the City (the "Work"), and authorized the City Manager to
enter into an agreement for the Work with the Contractor for a period of one (1) year, (365 calendar days),
with up to four (4) additional one (1) year options to renew the term. The City Commission further
authorized the City Manager or his Designee to execute said options to renew subject to the availability of
funding and Contractor's performance.
NOW, THEREFORE, in consideration of the foregoing recitals (all of which are adopted as an
integral part of this Agreement), and the promises and covenants contained herein, and other good and
valuable consideration, the receipt of which are hereby acknowledged, the parties hereto mutually agree as
follows:
ARTICLE 1. SCOPE OF WORK: The Contractor shall furnish all labor, materials and equipment and
perform all the work in the manner and form provided by this Agreement and the Contract Documents,
attached hereto and made part hereof, for complete storm sewer maintenance SOUTH of Flagler Street to
city limits, for the Contract Term set forth in Article 7 below and for the project entitled:
Dr. MLK Jr. BOULEVARD AND TRAFFIC CIRCLES MAINTENANCE CONTRACT, M-0109.
ARTICLE 2. THE CONTRACT SUM: The City shall pay to the Contractor, for the faithful performance of
the Contract, in lawful money of the United States, and subject to additions and deductions and based on
unit prices (where applicable), all as provided in the Proposal attached hereto and other Contract
Documents attached hereto as Exhibit "C", the annual sum of
The City Manager or his Designee, at their discretion, may exercise four (4) additional one (1) year options
to renew and the funding shall be as follows:
Bid No. 13-14-026 Page 43
The first option to renew in the annual amount of during Fiscal Year
The second option to renew in the annual amount of during Fiscal Year
The third option to renew in the annual amount of during Fiscal Year
The fourth and final option to renew in the annual amount of during Fiscal Year
ARTICLE 3. PARTIAL AND FINAL PAYMENTS: In accordance with the provisions fully set forth in the
"General Conditions" of the "Specifications" in the Proposal attached hereto, and subject to additions and
deductions as provided, the City shall pay the Contractor as follows:
(a) On or before the 10th day of each calendar month, the City shall make partial payments to
the Contractor on the basis of the estimate of work performed by the Contractor during the preceding
calendar month, duly certified and approved by the City's Project Manager.
(b) Upon submission by the Contractor of evidence satisfactory to the City that all payrolls,
material bills and other costs incurred by the Contractor in connection with the construction of the work have
been paid in full, and also, after all guarantees that may be required in the Specifications or by the
Contractor have been furnished and are found acceptable by the City, final payment on account of this
Agreement shall be made within sixty (60) days after completion by the Contractor of all work covered by
this Agreement and acceptance of such work by the City.
ARTICLE 4. TIME OF COMPLETION: The Contractor shall commence the work to be
performed under this Agreement and the Contract Documents within the number of consecutive days after
the date of written notice from the Director of the Department of Public Works to begin work as noted in the
Proposal, and shall fully complete the Contract Scope of Work in accordance with this Agreement and the
Contract Documents within the number of calendar days as set forth in the Proposal.
It is mutually agreed between the parties hereto, that time is of the essence of this Agreement, and, in the
event that construction of the work is not completed within the time herein specified, it is agreed that from
the compensation otherwise to be paid to the Contractor, the City may retain for each day thereafter,
Sundays and holidays included, that the work remains uncompleted, the sum set forth in the General
Conditions of the Specifications, as modified by Division 2 - Special Provisions, which sum represents the
actual damage(s) which the City of Miami, Florida, will have sustained per day by failure of the Contractor to
complete the work within the time stipulated, and this sum is not a penalty, but will be the liquidated
damage(s) that City will have sustained in event of such default by the Contractor.
ARTICLE 5. ADDITIONAL BOND: It is further mutually agreed between the parties hereto, that if,
at any time after the execution of this Agreement and the Performance Bond hereto attached and
incorporated herein as Attachment "A", when required for its faithful performance, the City shall deem the
surety or sureties upon such bond to be unsatisfactory, or if, for any reason, in the opinion of the Engineer;
such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his
expense, within five (5) days after receipt of notice from the Engineer so to do, furnish an additional bond or
bonds in such form and amount, and with such surety or sureties as shall be satisfactory to the City. In
such event, no further payment to the Contractor shall be deemed to be due under this Agreement until
such new or additional security for the faithful performance of the work shall be furnished in manner and
form satisfactory to the City.
ARTICLE 6. CONTRACT DOCUMENTS: All of the documents hereinafter listed form the Contract
and they are as fully as part of the Contract as if attached to this Agreement, or repeated in this Agreement:
Bid No. 13-14-026 Page 44
ADVERTISEMENT FOR BIDS
PROPOSAL
BID BOND
CONTRACT
PAYMENT AND PERFORMANCE BOND
MAINTENANCE PERFORMANCE BOND
INSTRUCTIONS TO BIDDERS
SPECIFICATIONS
ADDENDA
PLANS: N/A
As prepared by C. Diaz -Torres
Entitled: M-0109
ARTICLE 7. THE CONTRACT TERM: The original Contract Term is one (1) year (365 calendar days)
effective ten days after Notice to Proceed is issued by the Department's Director. The City has up to four (4)
options to renew the term of the contract, each for a period of one (1) year, subject to availability of funds
and Contractor's performance.
ARTICLE 8. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of
funds and continued authorization for project activities and is subject to amendment or termination due to
lack of funds, reduction of funds, and/or change in regulations, upon thirty (30) days written notice.
ARTICLE 9. NOTICES: Whenever either party desires to give notice to the other, such notice must be
in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand -
delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom
it is intended at the place last specified. The place for giving notice shall remain the same as set forth
herein until changed in writing in the manner provided in this section. For the present, the parties designate
the following:
For City: For Contractor:
Eduardo Santamaria, P.E., CGC
City of Miami
Director of Public Works
444 SW 2nd Avenue, 8th Floor
Miami, FL 33130
With copies to:
Calitza Diaz -Torres, Contract Manager
City of Miami
Department of Public Works
444 SW 2nd Avenue, 8th Floor
Miami, Florida 33130
Bid No. 13-14-026 Page 45
ARTICLE 10. MATERIALITY AND WAIVER OF BREACH:
(a) City and Contractor agree that each requirement, duty, and obligation set forth in these Contract
Documents is substantial and important to the formation of this Contract and, therefore, is a material
term hereof.
(b) City's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision
or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be
deemed a waiver of any subsequent breach and shall not be construed to be a modification of the
terms of this Contract.
ARTICLE 11. SEVERANCE: In the event a portion of this Contract is found by a court of competent
jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor
elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be
made within seven (7) days after the finding by the court becomes final.
ARTICLE 12. APPLICABLE LAW AND VENUE:
This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either
party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the
enforcement of same shall lie in Miami -Dade County, Florida. By entering into this Contract, Contractor and
City hereby expressly waive any rights either party may have to a trial by jury or to file permissive
counterclaims in any civil litigation related to, or arising out of the Project. Contractor shall specifically bind
all subcontractors to the provisions of this Contract. Each party shall bear their own attorney's fees.
ARTICLE 13. AMENDMENTS:
No modification, amendment, or alteration in the terms or conditions contained herein shall be effective
unless contained in a written document prepared with the same or similar formality as this Contract and
executed by the City Manager and Contractor.
ARTICLE 14. PRIOR AGREEMENTS:
This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein and the parties agree that there
are no commitments, agreements or understandings concerning the subject matter of this Contract that are
not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall
be predicated upon any prior representations or agreements, whether oral or written. It is further agreed
that no modification, amendment or alteration in the terms or conditions contained herein shall be effective
unless set forth in writing in accordance with Article 13 above.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and year first above
written in five (5) counterparts, each of which shall, without proof or accounting for the other counterparts,
be deemed an original contract*.
*BECAUSE CONTRACTOR IS A CORPORATION, THERE SHALL BE Al IACHED TO EACH COUNTERPART AS
A'1"1'ACHMENT "B" A CERTIFIED COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CORPORATION, AUTHORIZING THE OFFICER WHO SIGNS THE CONI'RAC1' TO DO SO ON ITS BEHALF.
Bid No. 13-14-026 Page 46
WITNESS: (If Corporation, CONTRACTOR:
attach Seal and Attest by Secretary)
Party of the second part
BY: BY:
Print Name :
Print Name: Print Title:
Corporate Secretary
(Employer Tax I.D. Number)
(SEAL) THE CITY OF MIAMI, FLORIDA,
a municipal corporation,
Party of the first part
ATTEST: BY:
City Clerk City Manager
RESOLUTION NO.
APPROVED AS TO INSURANCE
APPROVED AS TO REQUIREMENTS:
ENGINEERING:
Bid No. 13-14-026 Page 47
Eduardo Santamaria, PE, CGC , Director
Director, Public Works Risk Management
APPROVED AS TO FORM AND
CORRECTNESS
Victoria
City Attorney
Bid No. 13-14-026 Page 48
00710. FORM OF PERFORMANCE BOND (Page 1 of 3)
BY THIS BOND, We , as Principal, hereinafter called
Contractor, and , as Surety, are bound to the City of Miami, Florida, as Obligee,
hereinafter called City, in the amount of Dollars ($ ) for the payment
whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No: 13-14-026,
awarded the day of , 20 , with City which Contract Documents are by reference
incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other
damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Performs the Contract between Contractor and City for construction of
, the Contract being made a part of this Bond by
reference, at the times and in the manner prescribed in the Contract; and
2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings,
that City sustains as a result of default by Contractor under the Contract; and
3. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the
Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT.
4. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having performed
City obligations thereunder, the Surety may promptly remedy the default, or shall promptly:
4.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or
Bid No. 13-14-026 Page 49
00710. FORM OF PERFORMANCE BOND (Page 2 of 3)
4.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the
Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City
elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a
contract between such Bidder and City, and make available as work progresses (even though there
should be a default or a succession of defaults under the Contract or Contracts of completion
arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the
Contract Price; but not exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the
Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor
under the Contract and any amendments thereto, less the amount properly paid by City to
Contractor.
No right of action shall accrue on this bond to or for the use of any person or corporation other than City
named herein.
The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and
compliance or noncompliance with any formalities connected with the Contract or the changes does not affect
Surety's obligation under this Bond.
Signed and sealed this day of , 20
Bid No. 13-14-026 Page 50
00710. FORM OF PERFORMANCE BOND (Page 3of 3)
WITNESSES:
Secretary By:
(CORPORATE SEAL)
(Name of Corporation)
(Signature)
(Print Name and Title)
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney -in -Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
Bid No. 13-14-026 Page 51
00720. FORM OF PAYMENT BOND (Page 1of 3)
BY THIS BOND, We , as Principal, hereinafter called
Contractor, and , as Surety, are bound to the City of Miami, Florida, as Obligee,
hereinafter called City, in the amount of Dollars ($ ) for the
payment whereof Contractor and Surety bind themselves, theft heirs, executors, administrators, successors and
assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No. 13-14-026,
awarded the day of , 20 , with City which Contract Documents are by reference
incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other
damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings,
that City sustains because of default by Contractor under the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and
supplies used directly or indirectly by Contractor in the performance of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE
AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with Contractor and who has not received payment
for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor,
materials, or supplies for the prosecution of the work, furnish to Contractor a notice that he intends to
look to the bond for protection.
2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor,
materials, or supplies shall, within ninety
Bid No. 13-14-026
Page 52
00720. FORM OF PAYMENT BOND (Page 2 of 3)
(90) days after performance of the labor or after complete delivery of the materials or supplies,
deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of
the materials or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety
unless the notices stated under the preceding conditions (2.1) and (2.2) have been given.
2.4. Any action under this Bond must be instituted in accordance with the longer of the applicable Notice
and Time Limitations provisions prescribed in Section 255.05(2), or Section 95,11,Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and
compliance or noncompliance with any formalities connected with the Contract or the changes does not affect
the Surety's obligation under this Bond.
Signed and sealed this day of , 20
ATTEST:
Contractor
(Name of Corporation)
By:
(Secretary) (Signature)
(Corporate Seal) (Print Name and Title)
day of , 20
Bid No. 13-14-026 Page 53
00720. FORM OF PAYMENT BOND (Page 3 of 3)
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney -in -Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
Bid No. 13-14-026 Page 54
00721. CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of the corporation named
as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that
, who signed the Bond(s) on behalf of the Principal, was then of
said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was
(were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body.
Secretary (on behalf of)
(SEAL)
Corporation
STATE OF FLORIDA )
SS
COUNTY OF MIAMI-DADE )
Before me, a Notary Public duly commissioned, qualified and acting personally, appeared
to me well known, who being by me first duly sworn upon oath says
that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and
Payment Bond) on behalf of Contractor named therein in favor of City.
Subscribed and Sworn to before me this day of , 20
My commission expires:
Notary Public, State of Florida at Large
Bonded by
Bid No. 13-14-026 Page 55
00735. PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 1 of 2)
Date of Issue
Issuing Bank's No.
Beneficiary: Applicant:
City of Miami
444 SW 2nd Avenue
Miami, Florida 33130
Amount:
in United States Funds
Expiry:
(Date)
Bid/Contract Number
We hereby authorize you to draw on
(Bank, Issuer name)
at by order
(branch address)
of and for the account of
(contractor, applicant, customer)
up to an aggregate amount, in United States Funds, of available by your drafts at sight,
accompanied by:
1. A signed statement from the City Manager or his authorized designee, that the drawing is due to default in
performance of certain obligations on the part of (contractor, applicant, customer)
agreed upon by and between the City of Miami, Florida and (contractor, applicant,
customer), pursuant to Bid/Contract No. for (name of project) and Section 255.05,
Florida Statutes.
Drafts must be drawn and negotiated not later than
(expiration date)
Bid No. 13-14-026 Page 56
00735. PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 2 of 2)
Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of
(Bank name) dated
This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami
with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty
(30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the
City that this Letter of Credit will expire prior to performance of the Contractor's obligations will be deemed a default.
This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be
modified, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this
Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate
herein by reference any document, instrument, or agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with
the terms of this credit that such drafts will be duly honored upon presentation to the drawee.
Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of the Project by the
(contractor, applicant, customer)
This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of
Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform
Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict
between the law of another state or country and Florida law should arise, Florida law shall prevail.
Authorized Signature
Bid No. 13-14-026 Page 57
00800. GENERAL CONDITIONS:
1. Contract Documents:
1.1. The formal solicitation, Bidder's Response, any addenda issued, the Contract Documents, and all
subsequent work order and purchase orders shall constitute the entire Contract, unless modified in
accordance with any ensuing Contract, Amendment or Addenda.
1.2. The Contract Documents, along with all documents that make up and constitute the Contract, shall be
followed in strict accordance as to Work, performance, material except when the City may authorize, in
writing, an exception.
1.3. Contractor shall not proceed with any Work when in doubt as to the Work, and shall seek clarification
from Project Manager.
2. Intention of City:
It is the intent of City to describe in the Contract Documents a functionally complete Scope of Work to be
performed in accordance with the Contract Documents and in accordance with all codes and regulations
governing the Work. Any Work, materials or equipment that may reasonably be inferred from the Contract
Documents as being required to produce the intended result shall be supplied by Contractor whether or not
specifically stated. When words, which have a well-known technical or trade meaning are used to describe
work, materials or equipment, such words shall be interpreted in accordance with that meaning. City shall
have no duties other than those duties and obligations expressly set forth within the Contract Documents.
Please refer to the Public Works Department - STANDARD CONTRACT DOCUMENTS AND
SPECIFICATIONS FOR PUBLIC WORKS PROJECTS.
3. Terms of the Contract
The successful bidder shall be required to enter into a contract with the City of Miami, which shall include but
not limited to, the following terms:
The term of the Contract shall be for an initial term of one (1) year, commencing three (3) calendar days after
Notice To Proceed. The City shall have the option to extend the Contract for four (4) additional one (1) year
term periods each by giving the Bidder at least thirty (30) days prior written notice.
Extension of the term of the Contract beyond the initial period is an option to the City to be exercised in its sole
discretion, and which does not confer any rights upon the Bidder, and shall be based on availability of funding
and contractor's performance.
The City shall have the right to terminate the Contract, for any reason whatsoever and at any time, upon thirty
(30) days prior notice to the bidder.
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 with continual service while a new contract is
being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder, in writing, of
its intent to extend the contract at the same price, terms 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.
Bid No. 13-14-026 Page 58
4. Preliminary Matters:
4.1 Within ten (10) days after the award of the Contract the City shall hold a kick-off meeting with the
Contractor. The City may require that the Sub -Contractors also attend this meeting.
4.2. Within five (5) calendar days prior to the kickoff meeting described in Section 4.1, Contractor shall
submit to the Contract Administrator for the Contract Administrator 's review and acceptance:
4.2.1. A detailed maintenance plan in a format acceptable to the City:
The maintenance plan shall indicate the start and completion dates of the various
tasks for each Work Site and shall include a narrative of the procedures to be used
and a list of all equipment to be used in the performance of the Work.
The maintenance plan must be updated to reflect any changes and submitted for
approval to the Contract Administrator.
Approval of the maintenance plan by the Contract Administrator shall not relieve the
Contractor of the sole responsibility and liability for the performance of the Work.
5. Performance Bond and Payment Bond:
Within fifteen (15) calendar days of being notified of the award, Contractor shall furnish a Performance Bond
and a Payment Bond containing all the provisions in the forms attached hereto.
5.1. Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing
to City the completion and performance of the Work covered in such Contract as well as full payment
of all suppliers, laborers, or subcontractors employed pursuant to this Project. Each Bond shall be
with a Surety, which is qualified pursuant to Article 5, below.
5.2. Each Bond shall continue in effect for one year after Final Completion and acceptance of the Work
with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be
conditioned that Contractor will, upon notification by City, correct any defective or faulty work or
materials which appear within one year after Final Completion of the Contract.
5.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be amended from time
to time, Contractor shall ensure that the bond(s) referenced above shall be recorded in the public
records of Miami -Dade County and provide City with evidence of such recording.
5.4. Alternate Form of Security:
In lieu of a Performance Bond and a Payment Bond, Contractor may furnish alternate forms of
security, which may be in the form of cash, money order, certified check, cashier's check or
unconditional letter of credit in the form attached hereto as Form 00735. Such alternate forms of
security shall be subject to the prior approval of City and for same purpose and shall be subject to the
same conditions as those applicable above and shall be held by City for one year after completion and
acceptance of the Work.
Bid No. 13-14-026 Page 59
6. Qualification of Surety:
6.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars
($500,000.00):
6.1.1. Each bond must be executed by a surety company of recognized standing, authorized to do
business in the State of Florida as surety, having a resident agent in the State of Florida and
having been in business with a record of successful continuous operation for at least five (5)
years.
6.1.2. The Surety shall hold a current certificate of authority as acceptable surety on federal bonds in
accordance with United States Department of Treasury Circular 570, Current Revisions. If the
amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to
qualify, the net retention of the Surety shall not exceed the underwriting limitation in the
circular, and the excess risks must be protected by coinsurance, reinsurance, or other
methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR
Section 223.10, Section 223.111). Further, the Surety shall provide City with evidence
satisfactory to City, that such excess risk has been protected in an acceptable manner.
6.1.3. The City will accept a surety bond from a company with a rating of B+ or better for bonds up to
$2 million, provided, however, that if any surety company appears on the watch list that is
published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City
shall review and either accept or reject the surety company based on the financial information
available to the City. A surety company that is rejected by the City may be substituted by the
Bidder or proposer with a surety company acceptable to the City, only if the bid amount does
not increase. The following sets forth, in general, the acceptable parameters for bonds:
Policy -
Amount of Bond
Financial Holders
Ratings Category
500,001 to 1,000,000 B+ Class 1
1,000,001 to 2,000,000 B+ Class II
2,000,001 to 5,000,000 A Class ....III
5,000,001 to 10,000,000 A Class ... IV
10,000,001 to 25,000,000 A Class .... V
25,000,001 to 50,000,000 A Class ... VI
50,000,001 or more A Class .. VII
6.2. For projects of $500,000.00 or less, City may accept a Bid Bond, Performance Bond and Payment
Bond from a Surety which has twice the minimum surplus and capital required by the Florida
Insurance Code at the time the invitation to bid is issued, if the Surety is otherwise in compliance with
the provisions of the Florida Insurance Code, and if the surety company holds a currently valid
certificate of authority issued by the United States Department of the Treasury under Section 9304 to
9308 of Title 31 of the United States Code, as may be amended from time to time. A Certificate and
Affidavit so certifying should be submitted with the Bid Bond and also with the Performance Bond and
Payment Bond.
6.3. More stringent requirements of any grantor agency are set forth within the Supplemental Conditions. If
there are no more stringent requirements, the provisions of this section shall apply.
7. Indemnification:
7.1 The Licensee shall indemnify, protect, defend, release, and hold City, its officers, officials, employees,
agents, representatives, and servants (collectively, the "Indemnitees") harmless from and against all claims, damages,
liabilities, civil actions, statutory or similar claims, injuries and losses, including but not limited to reasonable attorneys'
fees and court costs, incurred by any and all of the Indemnitees in relation to Licensee's Scope of Work at the
Bid No. 13-14-026 Page 60
Property, incurred to the Property or to anyone on the Property as a result of negligent actions or omissions taken by
the Licensee, any of its agents, employees, representatives, contractors, sub -contractors, or consultants performing
the Scope of Work or any other activities on Licensee's behalf or even if it is alleged that the City, its officials and/or
employees were negligent, unless such injuries or damages are ultimately proven to be the result of grossly negligent
or willful acts or omissions on the part of the City, its officials and/or employees. Licensee hereby voluntarily and
knowingly waives any and all claims against the Indemnitees for personal injuries or property damages sustained by
the Licensee, its agents, employees, representatives, contractors, sub -contractors or consultants arising out of or
related to the activities undertaken by the Licensee, its agents, employees, representatives, contractors, sub-
contractors, or consultants upon the Property or in connection with the purpose and releases the Indemnities from any
and all claims and liabilities in connection therewith. This indemnity provision shall be construed as being in accord
with §725.06 and §725.08, Fla. Stat., commence on the Effective Date and shall survive the termination or expiration of
this Agreement, as applicable. Licensee acknowledges that the grant of this Agreement is good, separate and distinct
consideration afforded by the City for this Indemnification.
7.2 The indemnification provided above shall obligate Contractor to defend at its own expense to and
through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's
option, any and all claims of liability and all suits and actions of every name and description covered by
Section 7.1 above which may be brought against City whether performed by Contractor, or persons
employed or utilized by Contractor.
8. Insurance Requirements:
8.1. Without limiting any of the other obligations or liabilities of Contractor, Contractor shall provide, pay for,
and maintain in force until all of its Work to be performed under this Contract has been completed and
accepted by City (or for such duration as is otherwise specified hereinafter), the insurance coverages
set forth herein.
8.1.1. Workers' Compensation insurance to apply for all employees in compliance with the "Workers'
Compensation Law" of the State of Florida and all applicable federal laws. In addition, the
policy(ies) must include:
8.1.1.1. Employers' Liability with a limit of One Million Dollars ($1,000,000.00) Dollars each bodily
injury caused by an accident, each accident. One Million Dollars ($1,000,000.00) Dollars
each bodily injury caused by disease, each employee. One Million Dollars
($1,000,000.00 Dollars each bodily injury caused by disease, policy limit.
8.1.1.2 Waiver of subrogation
8.1.2. Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00)
per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability.
General Aggregate Limit of Two Million Dollars ($2,000,000.00). Coverage must be afforded
on a form no more restrictive than the latest edition of the Comprehensive General Liability
policy, without restrictive endorsements, as filed by the Insurance Services Office, and must
include:
[ X ] 8.1.2.1. Premises and/or Operations.
[ X ] 8.1.2.2. Independent Contractors.
[ ] 8.1.2.3. Products and/or Completed Operations for contracts with an Aggregate Limit
of Two Million Dollars ($2,000,000.00) per project. Contractor shall maintain
in force until at least three years after completion of all work required under
the Contract, coverage for Products and Completed Operations, including
Broad Form Property Damage.
[ ] 8.1.2.4. Explosion, Collapse and Underground Coverages.
[ ] 8.1.2.5. Broad Form Property Damage.
[ ] 8.1.2.6. Broad Form Contractual Coverage applicable to this specific Contract, including
any hold harmless and/or indemnification agreement.
Bid No. 13-14-026 Page 61
[ X ] 8.1.2.7. Personal Injury Coverage with Employee and Contractual Exclusions removed,
with minimum limits of coverage equal to those required for Bodily Injury Liability
and Property Damage Liability.
[ X ] 8.1.2.8. City is to be expressly included as an Additional Insured with respect to liability
arising out of operations performed for City by or on behalf of Contractor or acts
or omissions of Contractor in connection with general supervision of such
operation.
[ ] 8.1.2.9. Employee included as insured.
[ X ] 8.1.2.10. Contractual Liability.
[ X ] 8.1.2.11. Waiver of Subrogation.
[ X ] 8.1.2.12. Personal and Advertising Injury.
[ X ] 8.1.2.13. Loading and Unloading.
[ X ] 8.1.2.14. Mobile Equipment (Contractor's Equipment) whether owned, leased, borrowed
or rented by Contractor or employees of the Contractor.
8.1.3. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per
occurrence combined single limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the latest edition of the
Business Automobile Liability policy, without restrictive endorsements, as filed by the
Insurance Services Office, and must include:
7.1.3.1.
7.1.3.2.
7.1.3.3.
7.1.3.4
7.1.3.5
Owned Vehicles.
Hired and Non -Owned Vehicles.
Employers' Non -Ownership.
Employees included as insured
City of Miami as Additional Insured
[X ] 8.1.4. Umbrella Policy
7.1.4.1. Bodily injury and property damage liability with limits of Two Million Dollars
($2,000,000) each occurrence and an aggregate limit of Two Million Dollars
($2,000,000).
7.1.4.2. Products/Completed operations aggregate limit of Two Million Dollars
($2,000,000).
Excess coverage over the policies as follows:
4. Commercial General Liability
Business Automobile Liability
8.1.5. Installation Floater for the installation of machinery and/or equipment into an existing structure
is required. The coverage shall be "All Risk" coverage including installation and transit for 100
percent of the "installed replacement cost value," covering City as a named insured, with a
deductible of not more than Five Thousand Dollars ($5,000.00) each claim.
8.1.5.1. Cessation of Insurance --Coverage is not to cease and is to remain in force
(subject to cancellation notice) until final acceptance by City.
8.1.5.2. Flood Insurance --When the machinery or equipment is located within an
identified special flood hazard area, flood insurance must be afforded for the
lesser of the total insurable value of such buildings or structure, or, the
maximum amount of flood insurance coverage available under the National
Flood Program.
Bid No. 13-14-026 Page 62
[ X ] 8.1.5. Owners Contractors Protective — City of Miami — Limits of Liability for Bodily Injury & Property Damage
Liability shall be in the amounts of $1,000,000.00 for each occurrence and $1,000,000.00 in the
aggregate
[ X ] 8.1.6 Employer's Liability — Limits of Liability
$500,000 for bodily injury caused by accident, each accident
$500,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
[ ] 8.1.7 Marine General Liability, including coverage for protection and liability in the amount of $1,000,000
[ X ] 8.1.8 Pollution Liability in the amount of $1,000,000
[ ] 8.1.9 Jones Act coverage for captain and crew
8.2. If the initial insurance expires prior to the completion of the work, renewal copies of policies shall be
furnished at least thirty (30) days prior to the date of their expiration.
8.3. Notice of Cancellation and/or Restriction --The policy(ies) must be endorsed to provide City with at
least thirty (30) days notice of cancellation and/or restriction.
8.4. Contractor shall furnish to the Public Works Department Certificates of Insurance or endorsements
evidencing the insurance coverage specified above within fifteen (15) calendar days after notification
of award of the Contract. The required Certificates of Insurance shall name the types of policies
provided, refer specifically to this Contract, and state that such insurance is as required by this
Contract.
8.5. The official title of the Owner is the City of Miami, Florida. This official title shall be used in all
insurance documentation.
9. Labor and Materials:
9.1. Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor, water,
diesel, tools, equipment, light, power, transportation and other facilities and services necessary for the
proper execution and completion of the Work, whether temporary or permanent and whether or not
incorporated or to be incorporated in the Work.
9.2. Contractor shall at all times enforce strict discipline and good order among its employees and
subcontractors at the Project site and shall not employ on the Project any unfit person or anyone not
skilled in the work to which they are assigned.
10. General Requirements
10.1. The employee(s) of the Contractor shall be considered to be at all times its employee(s), and not an
employee(s) or agent(s) of the City or any of its departments.
10.2. The Contractor agrees that the Contractor will at all times employ, maintain and assign to the
performance of the Project a sufficient number of competent and qualified personnel to meet the
requirements of the Work to be performed. The Contractor shall have employed at the time of bidding
sufficient numbers of competent and qualified employees to meet the requirements of the Work to be
performed, and upon request by the City, the Contractor shall provide a list of these employees.
10.3. The Contractor agrees to adjust staffing levels or to replace any staff personnel if so ordered by the
City, should the City make a determination, in its sole discretion, that said staffing is unacceptable or
that any individual is not performing in a manner consistent with the requirements for such a position.
10.4. The Contractor represents that its staff personnel have the proper skills, training, background,
knowledge, experience, rights, authorizations, integrity, character and licenses as necessary to
perform the Work, in a competent and professional manner.
10.5. The Contractor shall at all times cooperate with the City and coordinate its respective Work efforts to
most effectively and efficiently progress the performance of the Work.
10.7. The Contractor shall be responsible for the good condition of the Work or materials until formal release
from his obligations under the terms of this Contract.
Bid No. 13-14-026 Page 63
10.8. Contractor shall bear all losses resulting to him on account of the amount or character of the Work, or
the character of the ground, being different from what he anticipated.
10.9 The Contractor shall at all times conduct the Work in such manner and in such sequence as will insure
the least practicable local interference.
11. Worker's Identification
The Contractor's employees, who include any subcontractor, shall wear an identification card provided by the
Contractor. The identification card shall bear the employee's picture, name, title and name of the employer.
Failure by a Contractor's employee to wear such identification may result in his removal from the Work until
such time as the identification card is obtained and worn. Such removal shall not act as a basis for the
Contractor to submit a claim for an extension of time.
12. Royalties and Patents:
All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material,
arrangement, appliance, or method that may be used upon or in any manner be connected with the
construction of the Work or appurtenances, are hereby included in the prices stipulated in this Contract for said
Work.
13. Weather:
No extensions to the Contract Period will be granted for weather related delays unless by a hurricane, City
declared emergency or other occurrences that result in the City issuing a Stop Work Order.
14. Permits, Licenses and Impact Fees:
14.1. Except as otherwise provided within the Supplemental Conditions, all permits and licenses required by
federal, state or local laws, rules and regulations necessary for the prosecution of the Work
undertaken by Contractor pursuant to this Contract shall be secured and paid for by Contractor. It is
Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the
Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons
working on the Project for whom a Certificate of Competency is required.
14.2. Impact fees levied by the City and/or Miami -Dade County shall be paid by Contractor. Contractor shall
be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by
an invoice or other acceptable documentation issued by the municipality. Reimbursement to
Contractor in no event shall include profit or overhead of Contractor.
15. Resolution of Disputes:
15.1 To prevent all disputes and litigation, it is agreed by the parties hereto that the Public Works Director
shall decide all questions, claims, difficulties and disputes of whatever nature which may arise relative
to the technical interpretation of the Contract Documents and fulfillment of this Contract as to the
character, quality, amount and value of any work done and materials furnished, or proposed to be
done or furnished under or, by reason of, the Contract Documents and Contract Administrator's
estimates and decisions upon all claims, questions, difficulties and disputes shall be final and binding
to the extent provided in Article 15.2. Any claim, question, difficulty or dispute which cannot be
resolved by mutual agreement of City and Contractor shall be submitted to the City in writing within
twenty-one (21) calendar days. Unless a different period of time is set forth herein, the Public Works
Director shall notify the Contractor in writing of his/her decision within twenty-one (21) calendar days
from the date of the submission of the claim, question, difficulty or dispute, unless the Public Works
Director requires additional time to gather information or allow the parties to provide additional
information. All non -technical administrative disputes shall be determined by the Contract
Administrator pursuant to the time periods provided herein. During the pendency of any dispute and
after a determination thereof, Contractor, and City shall act in good faith to mitigate any potential
damages including utilization of construction schedule changes and alternate means of construction.
15.2. In the event the determination of a dispute under this Article is unacceptable to either party hereto, the
party objecting to the determination must notify the other party in writing within ten (10) days of receipt
Bid No. 13-14-026 Page 64
of the written determination. The notice must state the basis of the objection and must be
accompanied by a statement that any Contract Value adjustment claimed is the entire adjustment to
which the objecting party has reason to believe it is entitled to as a result of the determination. Within
sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address
all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall
be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties
retain all their legal rights and remedies provided under State law. A party objecting to a determination
specifically waives all of its rights provided hereunder, including its rights and remedies under State
law, if said party fails to comply in strict accordance with the requirements of this Article.
16. Inspection of Work:
16.1. The City shall at all times have access to the Work, and Contractor shall provide proper facilities for
such access and for inspection.
16.1.1. Reexamination of any of the Work may be ordered by the City with prior written approval by
the Contract Administrator, and if so ordered, the Work must be uncovered by Contractor. If
such Work is found to be in accordance with the Contract Documents, City shall pay the cost
of reexamination and replacement by means of a Change Order. If such Work is not in
accordance with the Contract Documents, Contractor shall pay such cost.
16.2. Inspectors shall have no authority to permit deviations from, nor to relax any of the provisions of the
Contract Documents, nor to delay the Contract by failure to inspect the materials and work with
reasonable promptness without the written permission or instruction of the City.
16.3. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity
or the granting of any favor by Contractor to any inspector, directly or indirectly, is strictly prohibited,
and any such act on the part of Contractor will constitute a breach of this Contract.
17. Authority Of The City Project Manager
17.1. The Contract Administrator hereby authorizes the Project Manager to determine, all questions of any
nature whatsoever arising out of, under or in connection with, or in any way relating to or on account of
the Work, and questions as to the interpretation of the Work to be performed.
17.2. The Contractor shall be bound by all determinations or orders of the Project Manager and shall
promptly respond to requests of the Project Manager, including the withdrawal or modification of any
previous order, regardless of whether the Contractor agrees with the Project Manager's determination
or requests. Where requests are made orally, the Project Manager will follow up in writing, as soon
thereafter as is practicable.
17.3. The Project Manager shall have authority to act on behalf of the City to the extent provided by the
Contract, unless otherwise modified in writing by the City. All instructions to the Contractor shall be
issued in writing. All instructions to the Contractor shall be issued through the Contract Administrator
or the Project Manager .
17.4. The Project Manager shall have access to the Work Site(s) at all times. The Contractor shall provide
safe facilities for such access so the Project Manager may perform their functions under the Contract.
The Project Manager will make periodic visits to the Work Site to become generally familiar with the
progress and quality of the Work, and to determine if the Work is proceeding in accordance with the
Contract Documents.
17.5. The Project Manager will not be responsible for Work means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the Work, and will not be
responsible for the Contractor's failure to carry out the Work in accordance with the Contract.
17.6. The Project Manager will have authority to reject Work that does not conform to the Contract
requirements, whenever, in his or her opinion, it is considered necessary or advisable to insure the
proper implementation of the Contract. Neither The Project Manager's authority to act under this
paragraph, nor any decision made by him in good faith either to exercise or not to exercise such
authority, shall give rise to any duty or responsibility of the Project Manager to the Contractor, any
subcontractor, supplier or any of their agents, employees, or any other person performing any of the
Work.
Bid No. 13-14-026 Page 65
17.7. All interpretations and recommendations of the Project Manager shall be consistent with the intent of
the Contract.
17.8. The Project Manager will not be responsible for the acts or omissions of the Contractor, any Sub -
Contractor, or any of their agents or employees, or any other persons performing any of the Work.
18. Superintendence and Supervision:
18.1. Contractor shall keep on the Work during its progress, a full-time competent English speaking
superintendent and any necessary assistants, all satisfactory to the City. The superintendent shall not
be changed except with the written consent of the City, unless the superintendent proves to be
unsatisfactory to Contractor and ceases to be in its employ. The superintendent shall represent
Contractor and all directions given to the superintendent shall be as binding as if given to Contractor
and will be confirmed in writing by the City upon the written request of Contractor. Contractor shall
give efficient supervision to the Work, using its best skill and attention. The City shall be provided
telephone number(s) for the superintendent where the superintendent can be contacted during normal
working hours as well as after hours for emergencies.
18.2. If in the course of prosecuting the Work, the Contractor finds any issues or conditions affecting the
performance of the Work, it is their duty to immediately inform the Project Manager, in writing, and the
Project Manager will promptly review the same. Any Work done after such discovery, until authorized,
will be done at Contractor's sole risk.
18.3. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention
thereto and applying such skills and expertise as may be necessary to perform the Work in
accordance with the Contract Documents. Contractor shall be solely responsible for the means,
methods, techniques, sequences and procedures of construction.
18.4 Contractor shall provide 24-hour a day, 7 day a week emergency contact numbers for the
superintendent and the superintendent's supervisor.
19. Methods Of Performing The Work
19.1. If, the Project Manager reasonably determines that the Work is not such as to insure its completion
within the approved schedule, or if, in the opinion of the Project Manager, the Contractor is not
proceeding with the Work diligently or expeditiously or is not performing all or any part of the Work
according to the progress schedule accepted by or determined by the Project Manager, the Project
Manager shall have the right to order the Contractor to do either or both of the following: (1) improve
its work force; and/or (2) improve its performance in accordance with the schedule to insure
completion of the Work within the specified schedule. The Contractor shall immediately comply with
such orders at no additional cost to the City. The City at its sole option may also have Work performed
by a third party contractor and deduct such cost from any monies due the Contractor.
19.2. Where materials or equipment are transported in the performance of the Work, vehicles shall not be
loaded beyond the capacity recommended by the vehicle manufacturer or permitted by Federal, State
or local law(s). When it is necessary to cross curbing or sidewalks, protection against damage shall be
provided by the Contractor and any damaged curbing, grass areas, sidewalks or other areas shall be
repaired at the expense of the Contractor to the satisfaction of the Project Manager.
20. City's Right to Terminate Contract:
20.1. If Contractor fails to begin the Work within fifteen (15) calendar days after the commencement date as
indicated in the Notice to Proceed, or fails to perform the Work with sufficient workers and equipment
or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work
unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution
of the Work pursuant to the accepted schedule or if Contractor shall fail to perform any material term
set forth in the Contract Documents or if Contractor shall become insolvent or be declared bankrupt, or
commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors,
or from any other cause whatsoever shall not carry on the Work in an acceptable manner, Contract
Administrator may give notice in writing to Contractor and its Surety of such delay, neglect or default,
specifying the same. If Contractor, within a period of five (5) calendar days after such notice, shall not
proceed in accordance therewith, the City will terminate the services of Contractor, exclude Contractor
from the Work Site(s) and take the prosecution of the Work out of the hands of Contractor, and
Bid No. 13-14-026 Page 66
appropriate or use any or all materials and equipment on the Project site as may be suitable and
acceptable. In such case, Contractor shall not be entitled to receive any further payment until the
Work is completed. In addition City may enter into an agreement for the completion of the Work
according to the terms and provisions of the Contract Documents, or use such other methods as in
City's sole opinion shall be required for the completion of the Work in an acceptable manner. All
damages, costs and charges incurred by City, together with the costs of completing the Work, shall be
deducted from any monies due or which may become due to Contractor. In case the damages and
expenses so incurred by City shall exceed the unpaid balance, then Contractor shall be liable and
shall pay to City the amount of said excess. 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 convenience of the City of Miami.
20.2. If after notice of termination of Contractor's right to proceed, it is determined for any reason that
Contractor was not in default, the rights and obligations of City and Contractor shall be the same as if
the notice of termination had been issued pursuant to the Termination for Convenience clause as set
forth in Article 20.3 below.
20.3. This Contract may be terminated for convenience in writing by the City Manager or the City
Commission upon ten (10) days written notice to Contractor (delivered by certified mail, return receipt
requested, hand delivery or courier) of intent to terminate and the date on which such termination
becomes effective. In such case, Contractor shall be paid for all work executed and expenses
incurred prior to termination. Payment shall include reasonable profit for work/services satisfactorily
performed. No payment shall be made for profit for work/services, which have not been performed.
20.4. Upon receipt of Notice of Termination pursuant to the above, Contractor shall promptly discontinue all
affected work unless the Notice of Termination directs otherwise and deliver or otherwise make
available to City all data, drawings, specifications, reports, estimates, summaries and such other
information as may have been required by the Contract Documents whether completed or in process.
21. Assignment:
Neither party hereto shall assign the Contract or any subcontract in whole or in part without the written consent
of the other, nor shall Contractor assign any monies due or to become due to it hereunder, without the
previous written consent of the City Commission.
22. Contractor's Use Of Work Site(s)
22.1. Limitations may be placed on the Contractor's use of the Work Site and such limitations will be
identified by the City.
22.2. The Contractor shall limit its use of the Work Site(s), so as minimize impact and disruption to the
surrounding areas and residents
21.2.1 The Contractor shall:
a. Confine operations at the Work Site to the areas permitted by the Project Manager; not disturb
portions of the Work Site beyond the specified areas; conform to Work Site rules and
b. Assume all responsibility for its tools, equipment and materials, including any materials
purchased for the Work, and its vehicles while performing Work for the City and/or while
parked at a City facility. The City assumes no liability for damage to the items specified in this
paragraph.
c. Access to and egress from the Work Site(s) shall be subject to the approval of the Contract
Administrator or the Project Manager
23. Interfering Structures and Property
Take necessary precautions to prevent damage to existing structures and property when accessing the Work
Site(s). The Contractor is solely responsible for any damage to personal, City or other public property.
24. Site Investigation and Representation
24.1 The Contractor acknowledges that it has satisfied itself as to the nature and location of the Work, the
general and local conditions, particularly those bearing upon availability of transportation, disposal,
Bid No. 13-14-026 Page 67
handling and storage of materials, availability of labor, water, electric power, roads, and uncertainties
of weather, the conformation and conditions at the ground, the type of equipment and facilities needed
preliminary to and during the prosecution of the Work and all other matters which can in any way affect
the Work or the cost thereof under the Contract Documents.
24.2 The Contractor further acknowledges that he has satisfied himself as to the character, quality, and
quantity of surface and subsurface materials to be encountered from inspecting the site and from
evaluating information derived from exploratory work that may have been done by the City or included
in the Contract Documents. Any failure by the Contractor to acquaint himself with all the available
information will not relieve him from responsibility for properly estimating the difficulty or cost thereof
under the Contract Documents.
25. Contractor's Responsibility for Damages and Accidents:
Contractor shall be responsible for all materials, equipment and supplies pertaining to the Work. The City
assumes no responsibility or liability in the event any such materials, equipment and supplies are lost, stolen,
damaged or destroyed.
26. Accidents
The Contractor shall provide such equipment and facilities as are necessary or required, in the case of
accidents, for first aid service to persons who may be injured during the Project duration. The Contractor shall
also comply with the OSHA requirements as defined in the United States Labor Code 29 CFR 1926.50.
In addition, the Contractor must report immediately to the Project Manager every accident to persons or
damage to property, and shall furnish in writing full information, including testimony of witnesses regarding any
and all accidents.
27. Safety Precautions
27.1. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the Project. Contractor shall take all necessary precautions for the
safety of, and shall provide the necessary protection to prevent damage, injury or loss to:
27.1.1.Alt employees on the Work Site(s) and other persons who may be affected thereby;
27.1.2 Other property at the Work Site(s) or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction.
27.2. Contractor shall designate a responsible member of its organization at the Work Site(s) whose duty
shall be the prevention of accidents. This person shall be Contractor's superintendent unless
otherwise designated in writing by Contractor to City.
27.3. Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public
body having jurisdiction for the safety of persons or property or to protect them from damage, injury or
loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor
shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All
damage, injury or loss to any property referred to in the Contract Documents, caused directly or
indirectly, in whole or in part, by Contractor, any Subcontractor or anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by
Contractor. Contractor's duties and responsibilities for the safety and protection of the Work shall
continue until such time as all the Work is completed the City has issued a notice to City and
Contractor a notice of Final Acceptance.
27.4 Contractor must adhere to the applicable environmental protection guidelines for the duration of the
Contract. If hazardous waste materials are used, detected or generated at any time, the Project
Manager must be immediately notified of each and every occurrence. The Contractor shall comply
with all codes, ordinances, rules, orders and other legal requirements of public authorities (including
OSHA, EPA, DERM, the City, Miami -Dade County, State of Florida, and Florida Building Code), which
bear on the performance of the Work.
Bid No. 13-14-026 Page 68
27.5. The Contractor shall take the responsibility to ensure that all Work is performed using adequate
safeguards.
27.6 If an emergency condition should develop during the Work, the Contractor must immediately notify the
Project Manager of each and every occurrence. The Contractor should also recommend any
appropriate course(s) of action to the Project Manager.
28. Warranty of Materials:
Contractor warrants to City that all materials furnished under this Contract will be new unless otherwise
specified and that all of the Work will be of good quality, free from defects and in conformance with the
Contract Documents. All Work not conforming to these requirements, including substitutions not properly
approved and authorized, may be considered defective. If required by the Project Manager, Contractor shall
furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited
by any other provisions within the Contract Documents.
29. Manufacturer's Instructions
29.1. The Contractor shall:
29.1.1. Comply with manufacturer's requirements for the handling, delivery and use of all materials.
Where required by the Contract Documents, Contractor shall submit manufacturer's printed
instructions and MSDS documents to the City.
29.1.2. Comply with the manufacturer's applicable instructions and recommendations for the
performance of the Work, to the extent that these instructions and recommendations are
more explicit or more stringent than requirements indicated in the Contract.
29.1.3. Inspect materials prior to use and reject materials not meeting the requirements of the
Contract Documents.
30. Manufacturer's Warranty
Contractor shall provide all manufacturers' warranties. All warranties, expressed and/or implied, shall be made
available to the City for material and equipment covered by this Contract. All material and equipment furnished
shall be fully guaranteed by the successful Bidder against factory defects and workmanship. At no expense to
the City, the Contractor shall correct any and all apparent and latent defects that may occur within the
manufacturer's standard warranty. The Supplemental Conditions of the Contract Documents may supersede
the manufacturer's standard warranty. Manufacturer's warranties will become effective upon final completion
of the Project.
31. Defective Work:
31.1. The Project Manager shall have the authority to reject or disapprove work which the Project Manager
finds to be not in compliance with the Contract Documents. If required by Project Manager, Contractor
shall promptly either remove or correct all defective Work. Contractor shall bear all direct, indirect and
consequential costs of such corrections including cost of materials, equipment, and personnel.
31.2. Should Contractor fail or refuse to remove or correct any defective work or to make any necessary
repairs in accordance with the requirements of the Contract Documents within the time indicated in
writing by the Project Manager, the City shall have the authority to cause the defective Work to be
corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred
by City in making such corrections or repairs, shall be paid for out of any monies due or which may
become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly
and fully, City may declare Contractor in default.
32. Taxes:
Contractor shall pay all applicable sales, consumer, use and other taxes required by law. Contractor is
responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements.
33. Subcontracts
33.1. Contractor shall not employ any subcontractor against whom City may have a reasonable objection.
Contractor shall not be required to employ any subcontractor against whom Contractor has a
reasonable objection.
Bid No. 13-14-026 Page 69
33.2. Contractor shall be fully responsible for all acts and omissions of its subcontractors and of persons
directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be
liable to the same extent that Contractor is responsible for the acts and omissions of persons directly
employed by it. Nothing in the Contract Documents shall create any contractual relationship between
any subcontractor and City or any obligation on the part of City to pay or to see the payment of any
monies due any subcontractor. The City may furnish to any subcontractor evidence of amounts paid to
Contractor on account of specific Work performed.
33.3. Contractor agrees to bind specifically every subcontractor to the applicable terms and conditions of the
Contract Documents for the benefit of City.
33.4 Contractor shall complete Sub -Contractors' form in the Proposal.
33.5. Multi -tier subcontracting is not permitted. Contractor shall not authorize subcontractors to further
subcontract any portions of the Work.
33.6 The work performed by all subcontractors shall be no more than 10% of the total work for this
Contract.
34. Separate Contracts:
34.1. City reserves the right to let other contracts in connection with this Work. Contractor shall afford other
persons reasonable opportunity for the execution of their work and shall properly connect and
coordinate this Work with theirs.
34.3. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution of
the Work so as to create no interference or impact on the public or businesses. Should such
interference or impact occur, Contractor shall be liable for the cost of such interference or impact.
35. Continuing the Work:
Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements
with City, including disputes or disagreements concerning a request for a Change Order, a request for a
change in the Contract Value or Contract Term. The Work shall not be delayed or postponed pending
resolution of any disputes or disagreements.
36. Changes in the Work or Terms of Contract Documents:
36.1. Without invalidating the Contract, City reserves and shall have the right, from time to time to make
such increases, decreases or other changes in the character or quantity of the Work as may be
considered necessary or desirable to complete fully and acceptably the Work in a satisfactory manner.
Any extra or additional work within the scope of this Contract must be accomplished by means of
appropriate Field Orders or Change Orders.
36.2. Any changes to the terms of the Contract Documents must be contained in a written document,
executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any
work reflecting such change. This section shall not prohibit the issuance of Change Orders executed
only by City as hereinafter provided.
37. Supplemental Instructions:
The Project Manager shall have the right to approve and issue Supplemental Instructions setting forth written
orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such
Supplemental Instructions involve no change in the Contract Value or the Contract Term.
38. Field Directives
The Project Manager may at times issue field directives to the Contractor based on visits to the Project Site.
Such Field Directives shall be issued in writing and the Contractor shall be required to comply with the
directive. Where the Contractor believes that the directive is outside the Scope of the Work, the Contractor
shall, within 48 hours, notify the Project Manager that the Work is outside the Scope of the Work. At that time
the Field Directive may be rescinded or the Contractor may be required to submit a request for a change to the
Bid No. 13-14-026 Page 70
Contract. Where the Contractor is notified of the City's position that the Work is within the scope and the
Contractor disagrees, the Contractor shall notify the Project Manager and the Contract Administrator that the
Contractor reserves the right to make a claim for the time and monies based on the Field Directive. At no time
shall the Contractor refuse to comply with the directive. Failure to comply with the directive may result in a
determination that the Contractor is in default of the Contract. The contractor will take direction only from the
Project Manager, Director of Public Works, Assistant Director of Public Works or the City Manager. The
contractor will not take direction from elected officials or other City personnel.
39. Change Orders:
39.1. Changes in the quantity or character of the Work within the scope of the Work which are not properly
the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in
the line item prices, Contract value, or the Contract Term, shall be authorized only by Change Orders
approved in advance and issued in accordance with the provisions of the City.
39.2. All changes to construction contracts must be approved in advance in accordance with the value of the
Change Order or the calculated value of the time extension. All Change Orders with a value of
$25,000 or more shall be approved in advance by the City Commission. All Change Orders with a
value of less than $25,000 shall be approved in advance by the City Manager or his designee.
39.3. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract
Price or Contract Time, and a Change Order has not been issued, City reserves the right at its sole
option to either terminate the Contract as it applies to the items in question and make such
arrangements as may be deemed necessary to complete the disputed work; or submit the matter in
dispute as set forth in Article 15 hereof. During the pendency of the dispute, and upon receipt of a
Change Order approved by City, Contractor shall promptly proceed with the change in the Work
involved and advise the Project Manager and Contract Administrator in writing within seven (7)
calendar days of Contractor's agreement or disagreement with the method, if any, provided in the
Change Order for determining the proposed adjustment in the line item pricing, Contract Value or
Contract Term.
39.4. Under circumstances determined necessary by City, Change Orders may be issued unilaterally by
City.
40. Value of Change Order Work:
40.1. The value of any work covered by a Change Order or of any claim for an increase or decrease in the
Contract Value shall be determined in one of the following ways:
40.1.1. By mutual acceptance of an increase or decrease in line item price(s) which Contractor and
City acknowledge contains a component for overhead and profit.
40.1.2. By mutual acceptance of a lump sum which Contractor and City acknowledge contains a
component for overhead and profit.
40.1.3. The addition of new line item prices.
41. No Damages for Delay:
No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City
by reason of any delays except as provided herein. Contractor shall not be entitled to an increase in the
Contract Value or payment or compensation of any kind from City for direct, indirect, consequential, impact or
other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising
because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay,
disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or
avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by
Contractor for actual delays due solely to fraud, bad faith or active interference on the part of City.
42. Force Majeure
42.1 Should any failure to perform on the part of Contractor be due to a condition of force majeure as that
term is interpreted under Florida law, the City may allow an extension of time reasonably
commensurate with the cause of such failure to perform or cure.
Bid No. 13-14-026 Page 71
42.2 If the Contractor is delayed in performing any obligation under this Contract due to a force majeure
condition, the Contractor shall request a revision of the schedule to the City within two (2) working
days of said force majeure occurrence. Any revision of the schedule shall be subject to mutual
agreement and shall not be cause for any claim by the Contractor for extra compensation unless
additional work is required. Does Not Include inclement weather except as permitted by Florida law
or the acts or omissions of Sub -Contractors, etc.
43. No Interest
Any monies not paid by City when claimed to be due to Contractor under this Agreement, including, but not
limited to, any and all claims for contract damages of any type, shall not be subject to interest including, but not
limited to prejudgment interest. However, the provisions of Section 218.74(4), Florida Statutes as such relates
to the payment of interest, shall apply to valid and proper invoices.
44. Material Safety Data Sheets and Product Data
44.1 Contractor shall submit four copies of the Material Safety Data Sheets (MSDS) and other of product
data for all materials to be used in the performance of the Work. Each copy must be marked to
identify applicable products, and other data. Contractor shall supplement manufacturer's standard
data to provide information unique to the Work.
44.2 Contractor shall submit only pertinent MSDS and product data information. Submittals shall be
marked to identify pertinent products, with references to the specifications and the Contract
Documents.
44.3 The City may reject materials to be used in the performance of the Work where the MSDS and product
data submitted result in the City determining that the materials do not meet the requirements of the
Contract
45. Stop Work Order
45.1. The City may, at any time, by written order to the Contractor, require the Contractor to stop all, or any
part, of the Work for a period of up to ninety (90) days (or any lesser period), commencing no sooner
than the date the order is delivered to the Contractor, and for any further period to which the parties
may agree. Any such order shall be specifically identified as a "Stop Work Order" issued pursuant to
this paragraph. Within the period of ninety (90) days (or the lesser period specified) after a Stop Work
Order is delivered to the Contractor, or within any extension to which the parties have agreed the City
shall either:
43.1.1. Cancel the Stop Work Order; or
43.1.2. Terminate the Work covered by such order as provided in Article 20.3.
45.2. If a Stop Work Order issued under this Article is canceled or the period of the order or any extension
thereof expires, the Contractor shall resume the Work without compensation
46. Cleaning Up; City's Right to Clean Up:
Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by
its operations. At the completion of the Work, Contractor shall remove all its waste materials and rubbish from
and about the Work Site(s) as well as its tools, equipment, machinery and surplus materials. If Contractor fails
to clean up during the prosecution of the Work or at the completion of the Work, City may do so and the cost
thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to
their responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors
responsible therefore as the City shall determine to be just.
47. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act:
Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or
expenditure of funds in fulfilling its obligations under this Agreement. Contractor shall affirmatively comply with
all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services
funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and
all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to
ensure nondiscrimination in employment against disabled persons.
Bid No. 13-14-026 Page 72
Contractor's decisions regarding the delivery of services under this Agreement shall be made without regard to
or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical
or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service
delivery.
48. Contingency Allowance
The City has established a Contingency Allowance for this Project, which shall be reflected in the total contract
sum. This allowance account is for use at the sole discretion of the City and shall only be distributed through
the issuance of a change order approved by the City. Contractor has no entitlement to these funds as a result
of the award of the Contract by the City.
49. Payment and Performance Bond
A 100% payment and performance bond is required for this project. Refer to Section 008000, Article 4.
50. Davis Bacon Act
This project is not subject to the Davis Bacon Act.
51. Pricing and Payment
Bidders shall include in their bid all taxes, insurances, social security, workman's compensation, and any other
benefits normally paid by the bidder to its employees. No overtime will be authorized by the City which
exceeds the rates quoted in this solicitation or not authorized by the City. Payments will be made monthly, in
arrears, for services rendered the previous month, upon submission of property certified invoices and/or
approved inspection reports. All such information shall be provided to the City Engineer for his/her approval in
advance of payment. The contractor shall pay his/her employees performing work under this contract not less
than the federal minimum wage in effect at the time of the contract.
52. Materials and Equipment
The bidder shall furnish, at his/her own expense, all equipment, materials or supplies, including disposal fees,
trash bags, oil, water, etc. necessary for completion of all the services specified in this bid. The equipment
shall include but not be limited to landscaping equipment, bucket trucks, wood chipper, dump trucks, crane,
etc. all as necessary to complete the work. The item price must include the disposal of all debris and litter
collected by the scope of this contract and no additional compensation will be allowed. The contractor is not
allowed to use the City's rights of ways for storage of any material related to this contract.
53. Method of Award
This contract may be awarded to the two (2) lowest most responsive and responsible bidders for all the Bid
Items included in this contract, and whose bid conforms to the specifications and is most advantageous to the
City.
Award shall be based upon the pricing indicated on the Bid Form, pursuant to the Specifications. The City may
select two (2) bidders, with the lowest deemed the "primary vendor" and the next lowest the "secondary
vendor", in the order of overall lowest prices provided to the City. Should the primary vendor not be able to
provide the necessary service at the time needed or the required work is beyond the ability or expertise of the
primary vendor or the primary vendor fails to perform as per Section 7 of the Public Works Construction
Standards, the City has the option to select the secondary vendor whom will be offered the work to complete in
a timely manner.
The City additionally reserves the option to obtain quotes from either of the awarded vendor(s) for a specific
project(s) prior to the provision of the same. Should the City determined the primary vendor's quote too high or
incomplete, the City has the right to obtain a quote from the secondary vendor, in order to obtain the required
service in the most expedient manner and at the lowest possible.
54. Additions/Deletions of Services Required
Although this contract identifies specific terms and special conditions for work, it is hereby agreed and
understood that any other services may be added/deleted to/from this contract at the option of the City or any
government agency may utilize the same terms, conditions, and pricing by approval from the bidder. The City
of Miami will not be responsible for any agency outside the City of Miami.
Bid No. 13-14-026 Page 73
When an addition to the contract is required, the successful bidder under this contract shall be invited to submit
price quotes for any new service. If the quotes are comparable with market prices offered for similar work as
described in this contract, they shall be added to the contract whichever is in the best interest of the City of
Miami and an addendum and a separate purchase order or change order shall be issued by the City.
55. Estimated Quantities
Engineering estimated quantities or estimated dollar value are provided for bidder's 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 bid. Said engineering
estimate may be used by the City for purposes of determining the low bidder meeting specifications. The City
reserves the right to acquire additional quantities at the prices bid or at lower prices.
56. Emergency / Disaster Performance
In the event of a hurricane or other emergency or disaster situation, the successful bidder(s) shall provide the
City with the commodities/services defined within the scope of work for this bid at the price contained within
his/her bid amount. Further, the successful bidder shall deliver/perform for the City on a priority basis during
such times of emergency.
57. Contract Hierarchy
All of the documents incorporated by the Contract Documents shall govern this Project. Where there is a
conflict between any provision set forth within the Contract Documents and a more stringent state or federal
provision which is applicable to the Contract Documents exists, the more stringent provision shall prevail. The
order of hierarchy within the Contract Documents shall be the Contract, Scope of Work, Supplemental
Conditions, General Conditions, and last shall be the Instructions to Bidders.
58. Third Party Beneficiaries
Neither Contractor nor the City intends to directly or substantially benefit a third party by this Contract.
Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party
shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly
acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this
Contract.
59. Warranty, Fitness for Purpose
The contractor warrants the materials supplied and the work performed under this contract conform to
warranty materials provided and work performed for one (1) year from date of completion.
In addition to all other warranties that may be supplied by the bidder, the bidder shall warrant its products
and/or service against faulty labor and/or defective material for a minimum period of one (1) year after the
date of acceptance of the labor, materials and/or equipment by the City. This warranty requirement shall
remain in force for the full one (1) year period; regardless of whether the contractor is under contract with the
City at the time of any defect. Any payment by the City on behalf of the goods or services received from the
contractor does not constitute a waiver of these warranty provisions.
The contractor shall be responsible for promptly correcting any deficiency, at no cost to the City, within five (5)
calendar days after the City notifies the contractor of such deficiency in writing. If the contractor fails to honor
the warranty and/or fails to correct or replace the defective work or items within the period specified, the City
may, at its discretion, notify the contractor, in writing, that the bidder may be debarred as a City
bidder/proposer and/or subject to contractual default if the corrections or replacements are not completed to
the satisfaction of the City within ten (10) calendar days of receipt of the notice. If the contractor fails to satisfy
the warranty within the period specified in the notice, the City may (a) place the contractor in defaults of its
contract, and/or (b) procure the products or services from another contractor and charge the contractor for any
additional costs that are incurred by the City for this work or items; either through a credit memorandum or
through invoicing.
Bid No. 13-14-026 Page 74
01000 SUPPLEMENTAL CONDITIONS
1. SCOPE OF WORK:
The project consists of complete landscaping maintenance services for the following locations: #1.)
the Dr. MLK Jr. Boulevard located along N.W. 62 Street between N.W. 5th Place to N.W. 12th Avenue, #2).
the east and west embankments of I-95 ramps intersecting N.W. 62nd Street, #3). the Butterfly Gardens
located east and west of I-95 and N.W. 54th Street and #4). 118 Traffic Circles and its corresponding round
about areas and/ or traffic separators located at each intersection. There are 116 landscaped traffic circles
and 2 completely bricked, refer to Division 2D for locations. In addition, there will be irrigation services for
the Butterfly Gardens. A complete landscaping service consists off but is not limited to mowing, weeding,
edging, pruning, trimming, racking, blowing, litter pick up (weekly), mulching, herbicide and insecticide., etc.
on a 26 visit per year basis; litter pick up (cups, paper trash, bags, bottles, etc.) on a weekly basis. In
addition, there will be maintenance services to the irrigation system at the Butterfly Gardens and planting
shrubs and trees as required.
The work performed by the subcontractors cannot be more than 10% of the total work specified in
this contract.
Although there is no pre -bid meeting, the contractor must become familiar with the project site and
the existing facilities for preparation of a bid proposal.
NOTE: Additional locations in the City of Miami for landscaping and irrigation services may be added to this
contract as the maintenance responsibilities are transfer to the Public Works Department. The City
reserves the right to add and subtract any of the above mentioned work site location types at its
discretion.
2. QUALITY ASSURANCE
The contractor's superintendent shall be well versed in appropriate maintenance operations and
procedures. All employees shall be competent and skilled in their particular job in order to insure that they
properly perform the work assigned.
All work shall be performed using superior maintenance standards and techniques. The contractor
shall inform the City two weeks before each clean up work. The contractor agrees to on -site inspection by
the City Engineer, Project Manager or designated representative.
3. DESCRIPTION OF WORK
Refer to Section 00100- General Instruction to Bidders. All maintenance services shall be on a contract
basis for one (1) year with the option to extend for four (4) additional one year term periods. This contract
may have additional locations for right of way near these location and shall be priced equal as the scope of
work in the proposal bid items.
• Dr. MLK JR. Boulevard: bi-weekly landscaping maintenance consisting of mowing, weeding,
edging, pruning, trimming, racking, blowing, litter pick up (weekly), mulching, herbicide and
insecticide; new planting of shrubs (2 and 5 gal.), replacement of the existing landscaping as per
construction plan (Refer to Division 5), mulching using red mulch, installing solid sod and
watering new planting according to Division 2A and 2B; adding top soil 50-50. In addition there
will be repairs and replacement to the existing tree grates. In addition, monthly watering will be
required.
Bid No. 13-14-026 Page 75
• The east and west embankments of 1-95 ramps intersecting N.W. 62nd Street: bi-weekly
landscaping maintenance consisting of mowing, weeding, trimming, blowing, pruning, edging,
racking, herbicide spraying, insect spraying, and weekly litter pick.
• Irrigation system at Butterfly Garden: Due to its accessible location, the irrigation system may be
frequently damaged. The Contractor is responsible to conduct a bi-weekly inspection of the
irrigation system and replace all damaged components. The system consists of underground
PVC piping, plastic spray head, valves, adjustable sensors and two water meters. Refer to
Division 2C. for a comprehensive description of the system. The irrigation system must be
fully functional at all times.
• Butterfly Gardens: bi-weekly landscaping and irrigation maintenance consisting of mowing,
weeding, edging, pruning, trimming, racking, blowing, litter pick up (weekly), mulching, herbicide
and insecticide spraying, and weekly litter pick up at both islands; new planting of shrubs (2 and
5 gal.), replacement of the existing landscaping as per construction plan (Refer to Division 5),
mulching using red mulch, installing solid sod and watering new planting according to Division 2A
and 2B; adding top soil 50-50.
• 116 Traffic Circles (with landscaping) and 11 triangular areas: bi-weekly landscaping
maintenance consisting of mowing, weeding, edging, pruning, trimming, racking, blowing,
mulching, herbicide and insecticide, and weekly litter pick; new planting of shrubs (2 and 5 gal.),
replacement of the existing landscaping as per construction plan (Refer to Division 2D for
locations), mulching using red mulch, installing solid sod and watering new planting according to
Division 2A and 2B; adding top soil 50-50. In addition there will be repairs and replacement to
the existing tree grates. In addition, monthly watering will be required. Refer to Division 2D for a
list of 116 traffic circles to be maintained in this contract.
• 2 Traffic Circles (with brick pavers): bi-weekly maintenance consisting of weeding, blowing,
pruning, racking, herbicide and insect spraying, and weekly litter pick up. Refer to Division 2D for
locations.
• Tree Planting: "as needed" this item includes the planting, watering, staking, mulching using red
mulch, top soil, etc. and the maintenance of the proposed trees for a period of one year as
warrantee for its survival. The tree specimen shall be determined in the field by the City
Engineer. A minimum of 4" d.b.h. is required for new trees. If the proposed tree dies for lack of
proper maintenance by contractor, then the tree shall be replaced at no cost to the City of Miami.
Refer to Division 2A —Planting.
• Mulching: At all locations, the contractor shall use mulch as indicated by City Engineer.
• Sodding: this item is for furnishing all labor, material and equipment necessary to install 1,000
square feet of St. Augustine Grass (Floratam) Solid Sod as per Division 2B. The locations are to
be determined by the City Engineer.
• Contingency Allowance: this fund shall be used to pay for any contingency item that is not part of
the project at the sole discretion of the City.
• Unscheduled Additive Items: At the option of the City, the price below for the items identified by
the City Engineer may be added to the appropriate Base Bid item for determining the total cost of
a Work Order and no additional compensation will be allowed.
The Contractor shall submit for the City's review and approval, a schedule of work describing in detail the
times and dates in which the various tasks required are to be performed. Said schedule shall be provided 5
days after the pre -construction conference.
4. FENCING AROUND EXCAVATION
At the close of the work day, holidays, and weekdays, the Contractor shall install a fence (min. 4 ft.
height) around the perimeter of all excavations. An adequate number of fence posts shall be
installed to maintain the fence in an upright and taut position. Any variance from this requirement
Bid No. 13-14-026 Page 76
must be approved by the City Engineer. All cost for this requirement shall be considered incidental
to the work and no additional compensation will be allowed.
5. PROVIDING ACCESS TO RESIDENCES AND BUSINESS ESTABLISHMENTS
During construction of the improvement, safe access shall be provided by the Contractor to the
entrance of all residences and business establishments. Methods to be used shall be determined
by the Contractor with the approval of the Engineer.
6. PERMITS
The Department of Public Works will issue a "no -fee" landscaping permit for this project.
The Contractor will be required to obtain the "no -fee" excavation permit from the Roadway/ Plans
Development Section of the Department of Public Works prior to the start of any construction as well
as a Maintenance of Traffic (MOT) permit.
7. MAINTENANCE OF LANDSCAPING
Existing trees on private property and in the public right of way are to be protected. Trimming of tress
will not be allowed without prior approval from the Engineer. The services of a licensed landscape
contractor shall be retained for any trimming which is allowed and for all planting and transplanting of
trees as indicated by the Engineer.
Landscaping and Structures existing on private property adjacent to the proposed work are to be
maintained and any replacement shall be of equal or better quality. Cost for maintenance of
landscaping shall be considered as incidental of the job and no additional compensation will be
allowed.
8. ROOT GUARD
Shade trees planted within the public right-of—way and within close proximity of sidewalks or curbs
will require root barriers, i.e., sections of metal pipe or root deflectors under the product name of
"Root Solutions", or approved equal.
9. PLANTING — See attached Division 2A.
10. SODDING — See attached Division 2B.
11. IRRIGATION — See attached Division 2C.
12. TERMS OF THE CONTRACT AND EXTENSIONS
The successful bidder shall be required to enter into a contract with the City of Miami, which shall
include but not limited to, the following terms:
1. The term of the Contract shall be for an initial term of one (1) years, commencing ten (10)
days after Notice To Proceed. The City shall have the option to extend the Contract for four
(4) additional one (1) year term periods each by giving the Bidder at least thirty (30) days
prior written notice.
Bid No. 13-14-026 Page 77
2. Extension of the term of the Contract beyond the initial period is an option to the City to be
exercised in its sole discretion, and which does not confer any rights upon the Bidder, and
shall be based on availability of funding and contractor's performance.
3. The City shall have the right to terminate the Contract, for any reason whatsoever at nay
time, upon thirty (30) days prior notice to the bidder.
4. The City shall have the right to include additional locations and they shall be subject to the
same bid price amount and scope of work as described herein.
13. PRICING AND PAYMENT
Bidders shall include in their bid all taxes, insurances, social security, workman's compensation, and any
other benefits normally paid by the bidder to its employees. No overtime will be authorized by the City
which exceeds the rates quoted in this solicitation or not authorized by the City. Payments will be made
monthly, in arrears, for services rendered the previous month, upon submission of property certified invoices
and/or approved inspection reports. All such information shall be provided to the City Engineer for his/her
approval in advance of payment. The contractor shall pay his/her employees performing work under this
contract not less than the federal minimum wage in effect at the time of the contract.
14. MATERIALS AND EQUIPMENT
The bidder shall furnish, at his/her own expense, all equipment, materials or supplies, including disposal
fees, trash bags, oil, water, etc. necessary for completion of all the services specified in this bid. The
equipment shall include but not be limited to landscaping equipment, bucket trucks, wood chipper, dump
trucks, crane, etc. all as necessary to complete the work. The item price must include the disposal of all
debris and litter collected by the scope of this contract and no additional compensation will be allowed. The
contractor is not allowed to use the City's rights of ways for storage of any material related to this contract.
The contractor shall provide for his/hers own water.
15. TRAFFIC CIRCLES
The 118 locations for all traffic circles to be maintained under this contract are listed in Division 2D. Other
locations may be added by City Engineer. The price to be used shall be according with the approved bid
item prices and no additional compensation will be allowed.
16. ENVIRONMENTAL PROTECTION
Contractor shall comply with Chapter 17, Environmental Preservation of Miami City Code, and City
Ordinance 12636 and 13085. Any violation of this Code the contractor will be sole responsible for the
damages and no additional charges will be allowed.
17. CODE COMPLIANCE
All Work shall comply with the Florida Building Code, City of Miami Code, and Miami -Dade County Code. Contractor
shall comply with the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution
Control Act as well as any other requirements specified in the Contract Documents.
18 PROPER EQUIPMENT AND OPERATION
The contractor shall comply with the National Environmental Policy Act (NEPA) and Noise Control regulation, local and
The City Code.
Bid No. 13-14-026 Page 78
ATTACHMENT A
Technical Specifications and Drawings
• Division 2A- PLANTING
• Division 2B — SODDING
• Division 2C — IRRIGATION
• Division 2D — TRAFFIC CIRCLE AND TRIANGLE AREA LOCATIONS
• Planting Procedures Details- Misc. 17-293
• Butterfly Gardens Construction Plans
• Dr. MLK Jr. Blvd. Construction Plans
• Tree Grate Details
• Dr. MLK Jr. Sign
• PW Construction Sign — Misc. 35-89-5
Bid No. 13-14-026 Page 79
DIVISION 2A - PLANTING
2A.01 PLANTING GENERAL
The Contractor shall furnish all labor, materials, and equipment, watering and related work required
to complete the work in accordance with the contract documents and specifications.
I. SCHEDULING OF WORK: The work shall be as coordinated with other contractors as to prevent
any conflicts as to scheduling with others.
II. PERSONNEL: All planting shall be performed by personnel familiar with planting procedures and
under the supervision of a qualified planting foreman who is to be available at the jobsite during the
course of the work.
III. PROTECTION OF UTILITIES AND STRUCTURES: Prior to the preparation of planting areas or
plant pits, the Contractor shall ascertain the location of all electrical cables, all conduits, all utility
lines, oil tanks and supply lines, so that proper precautions may be taken not to disturb or damage
any subsurface improvements. In the event any are uncovered, the Contractor shall promptly notify
the City Engineer, who shall arrange to relocate the plant material, if possible. The Contractor shall
be responsible for any damage to utilities and structures and shall properly maintain the protection of
same.
IV. CLEAN UP:
A. If the Contractor fails to clean up, the City may do so and the cost thereof shall be charged to the
Contractor.
V. SUBMITTALS:
A. Unit Prices: The unit prices bid will serve as the basis for any required addition or deletion to the
Contract.
B. Materials: Submit four samples each with corresponding certificates of compliance from the
product manufacturer or supplier for planting soil, fertilizer (analysis card), mulch, galvanized
steel banding, turn buckles, guy wires and painted sample of wood braces. Submit these within
thirty (30) days after award of Contract.
C. Schedule: A detailed sequence of planting shall be submitted to the City by the Contractor.
Submit revised schedule when departure from same is necessary.
D. Maintenance Guidelines: Submit detailed maintenance guidelines covering fertilization, watering,
spraying, trimming, mulching, and any other pertinent issues related to landscape work required
to ensure viability of plant material. Submit maintenance guidelines sixty (60) days after award of
Contract for review by the City or his representatives.
2A.02 MATERIALS
I. COMMERCIAL FERTILIZER:
Bid No. 13-14-026 Page 80
A. Shall be delivered to the site in the original unopened containers, each bearing the
manufacturer's analysis.
B. Fertilizer shall be Mix #5024 (10.5.8) as supplied by ATLANTIC-FLORIDA EAST COAST
FERTILIZER & CHEMICAL, unless noted otherwise, or equal.
II. PLANT MATERIAL:
A. Words "Plant Materials" or "Plants" refer to and include trees, palms, shrubs, and groundcovers.
B. Plant species shall conform to those indicated on the drawings and in these Specifications.
C. Plants shall be sound, healthy, vigorous, free from plant diseases, insect pests, or their eggs and
shall have healthy normal root systems. Plants shall be nursery grown stock, except for site
transplanted material or freshly dug, balled and burlap plants.
D. All plants shall have been transplanted or root pruned at least once in the three years previous to
contract date. Root bound container plants will not be accepted.
E. Collected palms shall be heeled in the nursery for no less than three months prior to final
planting.
F. All plant material not otherwise specified as being Florida Fancy of Specimen shall be Florida
No. 1 or better quality graded in accordance with "Grades and Standards for Nursery Plants"
published by the State of Florida Department of Agriculture.
G. Caliper measurement, height measurement, height relation to caliper, spread, bare root and ball
dimensions, number of canes, types of vines and ground covers, etc., shall conform to the
applicable standards given in "USA Standard for Nursery Stock 260.1", sponsored by the
"American Association of Nurserymen, Inc." A minimum of 4" d.b.h., diameter at breast height, is
required for new trees/palms.
H. Plants specified shall be used, substitutes will not be allowed unless sufficient evidence is
submitted in writing, indicating plant unavailability. The Contractor is to submit suggested listing
of substitutes for review and comment by the City Engineer. No substitutions shall be made
unless approved in writing. Said substitutes shall be submitted no less than five (5) days after
Award of Contract.
I. Any materials and/or work may be rejected if; in the opinion of the City Engineer such does not
meet the requirements of these Specifications. All rejected materials shall be promptly removed
form the site by the Contractor at his expense.
J. Plants existing on the site and transplanted by the Contractor shall be subject to Contractor's
Guarantee.
K. Plants used where symmetry is required shall be matched as nearly as possible. The Contractor
shall tag all trees and palms at the nursery for review by the City Engineer. The tagging for
review shall be made no less than forty five (45) days prior to the projected installation date. All
material shall be clearly identified by the use of colored vinyl tapes. The Contractor shall tag 10%
more than the quantities required and give five (5) days notice minimum prior to nursery visit.
III. SOIL MOIST POLYMERS
Bid No. 13-14-026 Page 81
Provide Soil Moist acrylic copolymers at the rate specified in 2B.03.III.F to each planting pit/tree or palm
planting location. Contact: Nursery and Landscape Supply (305) 235-9311 or Terra International (305)
247-1521.
IV. PLANTING SOIL: Shall be as follows:
50% Muck
50°/o Coarse Silica Sand
V. MULCH: Shall be as indicated in the Bid proposal, or Eucalyptus Mulch Grade "A" delivered to the site in
sealed and marked bags, or approved equal.
2A.03 EXECUTION
I. SHIPMENT AND DELIVERY:
A. The Contractor shall notify the City Engineer 48 hours in advance, when plant material is to be
delivered.
B. Plant material shall be protected from weather, adequately packed to prevent breakage and
drying out during transit.
C. Plants shall not be planted on job until they have been inspected at receiving site, and accepted
by the City Engineer. Plants which do not meet specifications for quality herein stated, or plants
that show improper handling, or arrive on site in an unsatisfactory condition shall be rejected.
Rejected plants shall immediately be removed, disposed of by the Contractor and approved
nursery stock of like variety, size and age shall be replaced by him without additional
compensation.
D. Final acceptance of plant material will be given only after material is planted and after meeting
requirements prescribed herein.
II. GUYING AND STAKING:
A. All guying and staking shall be indicated in the Specifications.
B. It shall be the Contractor's responsibility to prevent plants from falling of being blown over, to
restraighten and replace all plants which are damage.
Plants blown over by high winds shall not be caused for additional expense to the City, but shall
be the responsibility of the Contractor. Damaged plants shall be replaced by the Contractor at no
additional expense to the City, except the Contractor shall not be held responsible for the loss or
death of any tree, shrub or plant , after being properly planted, as a result of hail storms, lighting,
flood, fire or other acts of providence beyond his control.
III. PLANTING OF TREES AND PALMS:
A. Except as otherwise specified, the Contractor's work shall conform to accepted horticultural
practices as used in the trade.
Bid No. 13-14-026 Page 82
B. Plants shall be protected upon arrival at the site by being thoroughly watered and properly
maintained until planted. Plants shall be planted within 24 hours after arriving at site. At all times,
workmanlike methods customarily in good horticultural practice shall be exercised.
C. Before digging holes or beds, the location and/or arrangement of the planting shall be staked by
the Contractor and accepted by the City Engineer. The staking should be ready for inspection at
least FIVE (5) days prior to the projected planting date. The stakes shall be #7 Rebar, at least
18" in length and painted with bright red paint.
D. The existence and location of underground utilities if shown on the plans are not guaranteed and
shall be investigated and verified in the field by the vicinity of existing structures and utilities shall
be carefully done.
The Contractor shall be held responsible for any damage to, and for maintenance and
protections for existing utilities and structures.
E. All circular pits with vertical sides shall be excavated to sizes and depth as shown in the
Specifications (Misc. 17-293-4) and backfilled with planting soil.
The contractor shall test fill all tree/palm pits with water before planting to assure proper drainage
and that percolation is available. Pits which are found not to be adequately draining shall be
backfilled with coarse gravel or crushed rock. No allowances will be made for lost plants due to
improper drainage.
F. Backfill with the specified planting soil mix and incorporate a minimum 6 ounces to 9 ounces of
Soil Moist acrylic copolymers evenly spread around and adjacent to the rootball mid -way in
depth.
The final level of the ground and that of the sod shall conform to the surrounding grade.
G. The plants shall be set on prepared planting soil backfill brought to a height permitting planting at
the same depth the plants grew in the nursery.
Upright plants shall be kept in a vertical position. All plants shall be handled by earthy ball only.
Handling by the plant itself will be caused for rejection of such plants.
H. After placing the plant in the pit, the backfill shall be watered and firmly tampered to ensure
backfill mixture in and about all the roots. All backfill mixture shall be such that no plants will
settle lower than the depth indicated on the drawings.
I. After filling half way on the earth ball, the burlap shall be loosened and laid back off the top of the
ball, or if too bulky, cut away and removed, after which the balance of the pit shall be backfilled
and tamped.
J. All plants shall be thoroughly watered at time of planting and kept adequately watered until time
of acceptance. The Contractor shall provide the means where water lines are not available.
K. Apply fertilizer to planting beds and saucer areas as follows:
Trees: One pound per inch trunk diameter. Spread fertilizer evenly about the base.
Thoroughly water plants before and after fertilization then mulch.
Bid No. 13-14-026 Page 83
L. Three (3) inches of mulch shall be placed between and around all plant material within 24 hours
after any planting. For individual plants, the mulch shall be spread to cover the saucer area.
When in place, the mulch is to be watered thoroughly.
M. Pruning shall be done at the time of planting and with due regarded to the natural form and
growth characteristics of each species. All cuts over 1/2 inch diameter shall be painted with an
acceptable tree wound dressing. Trees with pruned terminal leaders will not be accepted.
N. During the course of planting, excess and waste materials shall be removed daily. All reasonable
precautions shall be taken to avoid damage to all structures and plants. When planting in an area
that has been completed, the area shall be thoroughly cleaned up.
IV. MAINTENANCE PRIOR TO INSPECTION FOR ACCEPTANCE:
A. Maintenance shall begin immediately after each plant is planted and shall continue throughout
the course of operations on the site.
1. Plants shall be watered by hose soaking thoroughly each day for the first two weeks (14
calendar days) and every other day for the following two week period. Soaking then shall
continue on a twice weekly basis for another period of three weeks, amounting to a total of 45
days after installation. At the end of this hose soaking period, earth saucers shall be collapsed
leaving the guying and/or staking in place, in accordance with these specifications.
B. Plant maintenance shall include watering, pruning, spaying, dusting, weeding, cultivating,
mulching, tightening, staking, fertilizing and repairing of braces and guys, replacement of sick or
dead plants, resetting plants to proper grades or upright position and restoration of the planting
saucer, and all other care needed for the planting saucer, and all other care needed for proper
growth of the plants.
All trees and palms shall be watered by hand hosing as follows:
Once a day for the first three weeks after planting and three times per week thereafter until
inspection for acceptance.
C. Spraying and Dusting: During the maintenance period and up the issuance of certificate of final
acceptance, the Contractor shall do all seasonal spraying and/or dusting of plant material. The
materials and methods shall be in accordance with highest standard nursery practices and in
accordance with all regulatory agencies having jurisdiction.
D. Protection: Planting areas and plants shall be protected against trespassing and damage. If any
plants become damaged or injured, they shall be treated or replaced as directed. No work shall
be done within or over planting areas or adjacent to plants without proper safeguards and
protection.
E. Damage resulting from erosion, gullies, washouts or other causes shall be repaired by filling with
topsoil, tamping and re -fertilizing by the Contractor at his expense if such damage occurs prior to
acceptance by the City Engineer.
V. INSPECTION FOR ACCEPTANCE
Bid No. 13-14-026 Page 84
A. Upon completion of all planting, an inspection for acceptance of work will be held. The Contractor
shall notify the City Engineer for scheduling of the inspection five (5) days prior to the anticipated
inspection date. Partially completed portions will not be inspected.
It is the Contractor's responsibility to ensure that the work is completed and ready for inspection
before calling for same.
B. At the time of acceptance for inspection, if the materials are in whole or in substantially
acceptance, a written notice will be given by City Engineer that the guarantee period begins from
the date of the inspection.
C. In case substantial numbers of plants are sick or dead at the time of inspection, acceptance will
not be granted and the Contractor's responsibility for maintenance of all the plants shall be
extended until replacements are made.
Replacements shall conform in all respects to the specifications for new plants and shall be
planted in the same manner. Said replacements are to be made within five (5) days of said
inspection.
D. After the inspection for acceptance is made and the work is found to be acceptable, the
Contractor shall continue to hand water all trees and palms three times a week for four (4)
weeks.
VI. PLANT GUARANTEE AND REPLACEMENT
A. Guarantee: All plant materials including site relocated material by the selected contractor shall be
guaranteed for a period of one year after the date of inspection for acceptance. All plant materials
shall be alive and in satisfactory growth at the end of the guarantee period. Should the City decide to
purchase the trees, plants and shrubs described under the Proposal Unscheduled Additive Items
from an outside vendor, the contractor will only be responsible for the planting. Only then, the plant
guarantee will not be applicable to the selected bidder.
B. Replacements: During the guarantee period, there shall be monthly inspections between the
Contractor and the City or his representative to ascertain the viability of the plant material. Any plant
that is missing, dead or fails to become established due to Contractor's negligence shall be replaced
at no cost to the Owner within ten (10) days after the monthly inspection.
At the end of the guarantee period, the Contractor shall notify the City that the project is ready for
final inspection. Any plant that is not alive or fails to show satisfactory growth or is missing due to
Contractor's negligence will be removed and replaced at no cost to the Owner. All replacement after
the final inspection shall carry a six (6) months replacement guarantee. Replacements shall be made
within ten (10) days after final inspection.
C. Materials and Operations: All replacements shall be plants of the same kind and size specified in the
Plant Schedule. They shall be furnished and planted as specified with the cost borne by the
Contractor. Please refer to the attached plant schedule.
D. Watering Schedule: Refer to previous Sections.
E. Planting list and quantities for this project. The prices listed for the Unscheduled Additive Items in
the Proposal Pages may be utilized, as directed by the City Engineer as reference only and no
additional compensation shall be allowed.
Bid No. 13-14-026 Page 85
DIVISION 2B
SODDING
2B.01 SODDING GENERAL
The other Contract Documents complement the requirements of this section.
I. SCHEDULING OF WORK: The work shall be as coordinated with other Contractors as to prevent any
conflicts in scheduling with others.
II. PERSONNEL: All planting shall be performed by personnel familiar with planting procedures and under
the supervision of a qualified planting foreman.
III. PROTECTION OF UTILITIES AND STRUCTURES: Prior to the preparation of sodding areas, the
Contractor shall ascertain the location of all electrical cables. All conduits, all utility lines, oil tanks and
supply lines, so that proper precautions may be taken not to disturb or damage any surface
improvements. The Contractor shall be responsible for any damage to utilities and structures and shall
properly maintain the protection of same.
IV. CLEAN UP:
A. The Contractor at all times shall keep the premises free form accumulation of waste materials or
rubbish caused by his operations. At the completion of the work, he shall remove all waste materials
and rubbish from the project site as well as all his tools, construction equipment, machinery and
surplus materials and shall clean all surfaces and leave the project site "broom clean".
B. If the Contractor fails to clean up, the Owner may do so and the cost thereof shall be charged to the
Contractor.
V. SUBMITTALS: Submit samples of planting soil blanket mix and four (4) samples each of the Certificates
of Compliance, fertilizer analysis tags, and sod certification.
Provide said submittals thirty (30) days after Award of Contract.
2B.02 MATERIALS
I. SOIL BLANKET: As supplied by MORRIS MAGIC SOIL or equal. Soil shall be 40% everglades peat and
60% fine lawn sand thoroughly mixed. No site mixing shall be allowed.
II. COMMERCIAL FERTILIZER: Mix #2024 (10.8.6) as supplied by ATLANTIC - FLORIDA EAST COAST
FERTILIZER & CHEMICAL, or equal. Fertilizer shall be delivered to site in unopened containers which
shall bear manufacturer's guaranteed statement of analysis or a manufacturer's Certificate of
Compliance covering analysis. Furnish guarantee statement of certificate of compliance to the Owner or
his representatives.
III. SOD:
A. Sod shall be St. Augustine Grass (Floratam) Solid Sod.
B. All sod shall be of firm texture, having a compacted growth and good root development. Sod
shall contain no weeds or objection vegetation, and be free from fungus, vermin or diseases.
Before being cut and lifted, sod shall be mowed three (3) times with the final mowing not mote
than a week before cutting into uniform dimensions. Certifications as to type of grass and other
requirements shall be made and submitted to the Owner or his representative.
Bid No. 13-14-026 Page 86
IV. SAND: Provide clean, fine sand.
V. WATER: Potable. The Contractor is responsible for providing water even if none is available on the site.
2B.03 EXECUTION
I. GENERAL: Fine grades all lawn and planting areas.
II. SODDING: Under this section, the Contractor shall perform the preparation of the areas to be sodded as
herein specified.
A. The Contractor shall remove all existing grasses and weeds from the areas to be sodded.
The Contractor shall smooth out all areas to establish an even grade for sod planting. All areas shall
be graded to drain.
B. Remove all rock or foreign material one inch or greater in diameter and lay 2 inches of soil
blanket uniformly and thoroughly incorporated into top most 4 inches of soil.
C. Surface shall be rolled to achieve a smooth, even shape and grade. During the rolling, all
depressions caused by settlement or rolling shall be filled with by additional topsoil and the
surface shall be regraded and rolled until presenting a smooth and even finish.
D. The Contractor should call for an inspection for approval of graded areas prior to sodding.
E. Water the soil 24 hours prior to sodding.
F. Sod panels shall be laid tightly together with staggered joints so as to make a solid lawn area.
Immediately following sod laying, the lawn areas shall be rolled with a lawn roller customarily
used for such purposes, and then thoroughly watered immediately. During delivery, prior to and
during the planting of the lawn area, the sod panels shall at all times be properly protected from
excessive drying and unnecessary exposure of the roots to the sun. All sod shall be stacked
during construction and planting, so as not to be damaged by sweating or excessive heat and
moisture.
G. After sod has been planted and rolled, thoroughly water and fertilize at the rate of ten (10)
pounds per 1,000 square feet of area. Thoroughly water all sodded areas.
H. The finished level of sod areas after rolling and tamping shall be inch below the top of abutting
paved areas.
I. During the sodding operations, excess and waste materials shall be removed daily. All
reasonable precautions shall be taken to avoid damage to all structures and plants. When
sodding in an area has been completed, the area shall be thoroughly cleaned up.
III. MAINTENANCE PRIOR TO INSPECTION FOR ACCEPTANCE:
Maintenance shall begin immediately after sodding is executed and shall continue in accordance
with the following requirements:
Bid No. 13-14-026 Page 87
A. The Contractor shall be held responsible for maintenance of sodded areas, including watering,
spraying, weeding, mowing and replanting as necessary to establish a uniform stand of the
specific grass and until acceptance. After the grass has started, all areas and parts of areas
which fail to show a uniform stand of grass, for any reason whatsoever, shall be replanted,
repeatedly if necessary, until all sodded areas are covered with satisfactory growth of grass.
B. Sodded areas shall be protected against trespassing damage. If any sod becomes damaged or
injured, it shall be replaced as directed. No work shall be done within or over sodded areas
without proper safeguards and protection.
C. Watering of all non -irrigated sodded areas shall be done from a watering truck, no temporary
irrigation heads will be allowed. All sodded areas are to be watered to provide at least one (1)
inch of water per week in biweekly applications. Watering is to continue until inspection for
acceptance is made and approved by the Owner. All watering is to be done in the presence of
the Owner or his representative.
D. Damage resulting form erosion, gullies, washouts or other causes shall be repaired by filling with
lawn sand, tamping, refertilizing and resodding by the Contractor at his expense if such damage
occurs prior to acceptance.
IV. INSPECTION FOR ACCEPTANCE:
A. Upon completion of all sodding operations, an inspection for acceptance of work will be held. The
Contractor shall notify the Owner or his representatives for scheduling of the inspection ten (10)
days prior to the anticipated inspection date.
B. At the time of acceptance inspection, if the materials are in whole or in substantially acceptance,
a written notice will be given by the Owner or his representative to the Contractor that the
guarantee period begins from date of inspection.
C. In case substantial areas of sod are sickly or dead at the time of inspection, acceptance will not
be granted and the Contractor's responsibility for maintenance of all the sodded areas shall be
extended until replacements are made. Replacements shall conform in all respects to the
specifications for new sod and shall be planted in the same manner.
V. SOD GUARANTEE AND REPLACEMENT:
A. Guarantee: Sod shall be guaranteed for a period of ninety (90) days after the date of inspection for
acceptance under Paragraph IV of this Section, and shall be alive and in satisfactory growth at the
end of the guarantee period.
B. Replacement: During the guarantee period the Owner and the Contractor shall schedule monthly
inspections. Any sod that is dead or not in satisfactory condition shall be replaced within ten (10)
days of the inspection.
At the end of the guarantee period a final inspection will be held, the Contractor shall then proceed
to replace sod that is dead or not in satisfactory condition, said replacement shall carry a ninety (90)
days replacement guarantee.
Bid No. 13-14-026 Page 88
C. All non -irrigated sodded areas shall be watered as described under 2B.03.III.C. for four (4) weeks
after the inspection for acceptance. All watering to be done in the presence of the Owner or his
representative.
D. Materials and Operations: All replacements shall be sod of the same kind as specified in these
Specifications. It shall be furnished and planted as specified with the cost borne by the Contractor at
no additional cost to the Owner.
VI. MAINTENANCE GUIDELINES:
The Contractor shall supply the Owner with a detailed maintenance schedule for all sodded areas thirty
(30) days after Award of Contract.
Bid No. 13-14-026 Page 89
DIVISION 2C
IRRIGATION
IRRIGATION TECHNICAL SPECIFICATIONS AND DETAILS (EXISTING SYSTEM)
1. SYSTEM DESCRIPTION:
This is a fully automatic system - Solatrol solar powered controllers is recommended. Emitters are BIBCO turf
bubblers. They are spaced approximately 5 ft on center. These are pressure regulated emitters that screw into
a standard'/2" FIP PVC fitting. The emitter tube comes to the surface. This system can be observed in
operation. There is no sprinkler equipment above ground to sustain damage from mowers, o weed eaters.
2. SYSTEM PIPE:
All pipe is class 200 PVC or heavier. System main is Schedule 40 PVC pipe. All fittings are solvent weld Sch.
40 fittings unless otherwise indicated in these specifications. Bell and 0 ring main is class 200 fittings and pipe
ends shall be cleaned with an all purpose pipe cleaner prior to applying glue. Main is a minimum 36" of cover;
all other pipe is a minimum 8" of cover. See detail for correct depth so that emitter tube is at surface following
installation. Backfill shall be free of debris or sharp objects. No rock larger than'/" shall be in contact with PVC
lines anywhere. All pipes above ground are galvanized, copper, bronze or welded ductile iron.
3. SLEEVES:
All pipes under paving / walks are sleeved with schedule 40 PVC pipe. Replacement of any sleeves installed
under roadways, shall be inspected as per local codes for proper earth compaction around sleeves. Road
sleeves extend two feet beyond edge of road. Walk sleeves extend one foot into landscape area.
4. CONTROLLERS:
If replacement is necessary, a Solatrol LEIT 8000 solar powered controller will be installed. Pedestal
installation as per manufacturer's recommendations.
5. CONTROL WIRE:
Installed as recommended by the controller manufacturer. Control wire shall be UL approved, solid core, PE or
PVC covered irrigation control wire. Use 14 gage control and 12 gage ground wire. All splices and connections
at valves to be made with .3M brand DBY Direct Burial Splice Kit. All wire to be brought back to controllers. All
wire to be encased in UL approved PVC conduit. Wire pull junction boxes are utilized and installed a maximum
of 190' apart and placed in 10" Carson or other approved valve boxes. Replacement of any conduit installation
under the pavement shall be by pulling under the pavement rather than opening a trench.
6. WATER SOURCE:
City water meters are existing. Meters are assumed to be 1-1/2" meters. The City is responsible for paying the
irrigation water bill.
7. BACKFLOW PREVENTION:
A Pressure Vacuum Breaker — Wilkins Model 720A with ball shut off valves installed from the factory (or equal)
Backflow Prevention Assembly installed as per local code at the water source, between the meter and the
electric master valve.
8. MASTER CONTROL VALVE:
Presumed to be existing.
9. ELECTRIC CONTROL VALVES:
Hardie (Irritrol) 100FC series 24 volt electric valves or Rainbird PGA electric valves. Valves are equipped with
Solatrol solenoid as required to operate with the Solatrol controller. All valves are housed in 16" x 12"
rectangular Carson. 1419B valve boxes or larger as required and installed as per details.
Bid No. 13-14-026 Page 90
DIVISION 2C
IRRIGATION
IRRIGATION TECHNICAL SPECIFICATIONS AND DETAILS (EXISTING SYSTEM)
10. REPAIRS AROUND EXISTING TREES:
Trenches in and around existing trees must be hand dug. Extreme care must be used to prevent damage to
the root system of existing trees. Roots larger than 1 %2" in diameter shall not be cut. Soil beneath roots must
be excavated so that the sprinkler lines can be carefully placed through and beneath the existing roots, at the
proper depth, as called for in the specifications. Backfilling in these areas shall be done by washing the soil
back into the trenches to prevent forming of any air pockets around the existing root system.
11. WORKABILITY:
Due to its accessible location, the irrigation system may be frequently damaged. The Contractor is responsible
to conduct a bi-weekly inspection of the irrigation system and replace all damaged components. The irrigation
system must be fully functional at all times.
Bid No. 13-14-026 Page 91
DIVISION 2D
TRAFFIC CIRCLES AND
TRIANGLE AREAS
The 118 Traffic Circle locations to be maintained are listed below. There are 116 Traffic Circles with
landscaped areas. There are two (2) Traffic Circle locations with brick pavers are located at SW 24 Ave &
SW 14 St and SW 29 Ave & SW 11 St. And there are eleven (11) triangular areas to be landscaped.
Locations may be added or removed at the discression of the City Engineer.
1
2
3
5
6
7
8
SW 20th Road/5th ave
SW 20th Road/7th ave
SW 22nd Road/5th ave
SW 23rd Road/7th ave
SW 24th Road/9th ave
SW 25th Road/4th ave
SW 25th Road/5th ave
3
3
3
3
3
3
3
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
No
1 Welcome
Sign
No
No
1 Welcome
Sign
1 Welcome
Sign
No
yes
9
SW 25th Road/2nd ave
3
yes
yes
1 Welcome
Sign
yes
9
SW 26th Road/2nd ave
3
yes
yes
1 Welcome
Sign
yes
10
SW 26th Road/7th ave
3
yes
yes
No
yes
11
SW 27th Road/4th ave
3
yes
yes
No
yes
12
SW 28th Road/2nd ave
3
yes
yes
1 Welcome
Sign
yes
13
SW 28th Road/5th ave
3
yes
yes
No
yes
14
15
16
SW 28th Road/7th ave
SW 29th Road/4th ave
SW 31 st Road/4th ave
3
3
3
yes
yes
yes
yes
yes
yes
1 Welcome
Sign
2 Welcome
Sign
No
yes
yes
yes
17
S.Miami ave/15th rd
3
yes
yes
No
yes
Bid No. 13-14-026 Page 92
18
SW 18th ave/24th terr
4
Yes
Yes
No
Yes
19
SW 18th ave/22nd Terr
4
Yes
Yes
yes
No shrubs
20
SW 19th ave/23rd st
4
Yes
Yes
No
Yes
21
SW 19th ave/24th st
4
Yes
Yes
No
Yes
22
SW 21 st ave/24th terr
4
4
23
SW 23rd ave/24th terr
4
Yes
Yes
Yes
No shrubs
24
SW 24th ave/24th st
4
Yes
Yes
No
Yes
25
SW 24th ave/25th st
4
Yes
Yes
No
Yes
26
SW 24th ave/26th st
4
No
No
Yes
Yes
27
SW 24th ave/27th st
4
No
Yes
Yes
Tree only
28
SW 24th ave/22nd terr
4
Yes
No
No
Yes
29
SW 25th ave/23rd st
4
Yes
Yes
No
Yes
30
SW 25th ave/24th terr
4
Yes
Yes
No
Yes
31
SW 16th ave/20th st
3
Yes
Yes
No
Yes
32
SW 16th ave/19th st
3
Yes
Yes
No
Yes
33
SW 16th Ave/SW 11 th st
3
Yes
Yes
Yes
Yes
34
SW 18th ave/SW 13th st
3
Yes
X
Yes
Yes
35
SW 16th ct/23rd st
3
Yes
Yes
No
Yes
Bid No. 13-14-026
Page 93
36
SW 18th ave/16th st
4
Yes
Yes
No
Yes
37
SW 19th ave/17th st
4
Yes
Yes
No
Yes
38
SW 19th ave/19th st
4
Yes
Yes
Yes 1 wood
sign
Yes
39
SW 19th ave/21 st st
4
No
No
No
Yes
40
SW 21 st ave/16th st
4
Yes
Yes
No
Yes
41
SW 23rd ave/11 th st
4
No
No
No
Yes
42
SW 23rd ave/20th st
4
No
No
No
Yes
43
SW 24th ave/10th st
4
Yes
Yes
No
only 1 palm
tree
44
SW 24th ave/14th st
4
Yes
No
No
No
45
SW 24th ave/16th st
4
Yes
Yes
No
No
46
SW 24th ave/18th st
4
No
No
No
Yes
47
NE Bayshore ct/73rd st
5
No
No
4
Yes
48
Belle Meade Isle Dr/NE 8th
ct
5
No
No
4
Yes
49
NW 50th St/ NW 10th ave
5
No
No
4
Yes
50
NW 20th st/4th ct
5
No
Yes
No
Yes
51
NW 4th ave/15th st
5
No
Yes
No
Yes
52
NE 5th ave/77th st
5
No
Yes
No
NA
Bid No. 13-14-026
Page 94
53
NE 5th ave/56th st
2
No
Yes
No
Tree only
54
NE 6th ct/56th st
2
No
Yes
No
Tree only
55
56
N.Bayshore Dr/ NE 57th st
NE 6th ct/59th st
2
2
No
No
Yes
Yes
No
No
Tree only
Tree only
57
N.Bayshore Dr/ NE 59th st
2
No
Yes
No
Tree only
58
SW 29th ave/10th st
4
Yes
No
No
Yes
59
SW 29th ave/11th st
4
Yes
No
No
Yes
60
SW 29th ave/14th st
4
Yes
No
No
Yes
61
SW 31 st ave/14th st
4
Yes
No
No
Yes
62
SW 16th terr/Coral Gate Dr
4
Yes
No
No
Yes
63
SW 17th st/Coral Gate Dr
4
Yes
No
No
Yes
64
SW 21st st/Coral Gate Dr
4
Yes
No
Yes
Yes
65
SW 32nd ct/18th st
4
Yes
No
No
Yes
66
SW 33rd ave/21 st st
4
Yes
No
No
Yes
67
SW 37th ave/20th st
(Entrance)
4
No
Yes
No
Yes
68
Tigertail/Crystal Ct
2
No
No
No
Plant only
69
Tigertail/Calusa St
2
No
No
No
Yes
70
Morris Ln./S of Tigertail
2
No
No
No
Yes
71
End of Rockerman Road/E
of S. Bayshore
2
No
Yes
No
Yes
72
Lime Ct/E of Virginia St.
2
No
No
No
Yes
Bid No. 13-14-026
Page 95
73
Irvington Ave West to SW
37th Ave
2
No
No
No
74
Battersea Road/Surrey Dr.
2
No
Yes
No
Yes
Yes
75
Battersea Road/Cultry Dr.
2
No
No
No
Yes
76
Battersea Road/Mayfair Dr
2
No
Yes
No
Yes
77
End of Battersea
Road/Bisc. Bay
2
No
No
No
big tree only
78
End of Stewart Road/Bisc.
Bay
2
No
No
No
Yes
79
Franklin Ave/Plaza St.
2
Yes
No
Yes
Yes
80
Franklin Ave/Royal Rd
2
Yes
No
Yes
Yes
81
Virginia St/Shipping Ave
2
Yes
No
No
Yes
82
NW 39th ave/2nd st
4
Yes
No
Yes
83
NW 39th ave/3rd st
4
Yes
No
Yes
Yes
Yes
84
NW 40th ct/5th st
4
Yes
No
Yes
Yes
85
NW 58th ave/2nd st
4
Yes
No
Yes
Yes
86
NW 63rd ave/2nd st
4
Yes
No
Yes
Yes
87
SW 40th ave/2nd terr
4
Yes
No
No
No
88
SW 43rd ave/5th terr
4
Yes
No
No
No
89
SW 45th ave/4th st
4
Yes
No
No
Yes
90
SW 47th ave/2nd st
4
Yes
No
Yes
Yes
91
SW 47th ave/5th st
4
Yes
No
Yes
Yes
92
SW 48th ave/4th st
4
Yes
No
No
Yes
93
SW 48th ave/5th terr
4
Yes
No
Yes
Yes
Bid No. 13-14-026 Page 96
94
SW 51st ct/6th st
4
Yes
No
No
Shrubs only
95
SW 53rd Ave/SW 6th St
4
Yes
Yes
Yes
No
96
SW 53rd Ave and SW 4th
4
Yes
Yes
Yes
Only Trees
97
SW 52nd ave/5th st
4
Yes
No
Yes
Yes
98
SW 55th Ave/5th Terrace
4
Yes
Yes
Yes
Yes
99
SW 58th ave/3rd st
4
Yes
No
Yes
Yes
100
SW 59th ave/4th st
4
Yes
No
Yes
Only shrubs
101
SW 63rd ave/4th st
4
Yes
Yes
No
Only 1 tree
102
SW 65th ave/4th st
4
Yes
Yes
No
No
103
SW 66th Ave/2nd St
4
No
Yes
No
Trees only
104
SW 68th ave/4th st
4
Yes
Yes
No
Yes
105
SW 68th ave/6th st
4
Yes
Yes
Yes
Yes
106
NW 47th ave/4th st
4
Yes
No
Yes
Yes
107
SW 63rd ct/2nd st
4
No
Yes
Yes
Only Trees
108
SW 63rd ct/6th St
4
No
Yes
No
1 tree
109
NW 62nd Ave/2nd St
4
Yes
No
No
Yes
110
NW 66th ave/2nd st
4
No
Yes
No
Tree only
111
SW 62nd ave/6th st
4
Yes
No
Yes
Only Shrubs
112
Tamiami Canal Road/ SW
6th St
4
Yes
No
No
No
113
Tamiami Blvd/ SW 72nd
v114
4
Yes
Yes
No
Trees only
Flagami Blvd./ SW 72nd
4
Yes
Yes
No
No
115
Flagami Blvd./ SW 4th St
4
Yes
Yes
No
No
116
Tamiami Blvd/ SW 4th St
4
Yes
Yes
Yes
Yes
Bid No. 13-14-026
Page 97
The 11 triangle areas to be included in this contract are.
1. SW Flagami Blvd and SW 8th Street
2. SW Tamiami Blvd and SW 8th Street
3. SW 73rd Ct and SW 8th Street
4. NW 15th St and 8th Ave
5. NW 13th Ave and North of NW 7th Street
6. NW N. River Dr and 22nd PL
7. NW 14th St btw S River Dr and 20th Ct
8. NW 28th Ave and NW 14th St
9. NW 14th St btw S River Dr and 20th Ct
10. SW 31st Ave and SW 5th Street
11. SW 31st Ave and SW 6th Street
Bid No. 13-14-026 Page 98
BID NO. 13-14-026
Dr. MLK Jr. BOULEVARD AND TRAFFIC CIRCLES LANDSCAPING CONTRACT
UBLIC WORKS DEPARTMENT PROJECT NO. : M-0109
Due Date: Tuesday, October 14, 2014
Due Time: 11:00 a.m.
Mayor Tomas P. egalado
Commissioner Wifredo (Wil Gort, District 1
Commissioner Marc David Sa off, District 2
Commissioner Frank Carollo, 'strict 3
Commissioner Francis Suarez, 'strict 4
Commissioner, Keon Hardemon, Di trict 5
City Manager, Daniel J. Alfonso
Issued By:
City of Miami
Public Works Department
Eduardo Santamaria, PE, CGC, Director
444 SW 2nd Avenue, 8th Floor
Miami, FL 33130
Bid No. 13-14-026
Page 0
\Section
No.
0(100
Article No.
TABLE OF CONTENTS
Title Page No.
NOTICE TO CONTRACTORS
GENERAL INSTRUCTIONS TO BIDDERS
1 General
2 Scope of Work
3 Location of Work
4 Terms of the Contract
License Requirements
Performance Bond
Subcontractors
00200 DEFINITIONS
00300 INSTRUCTIONS TO BIDDERS
1 Examination of Contract Documents and Site
2 Pre Bid Interpretations
3 ubmitting Bids
4 4nted Form of Bid
5 Bid Guaranty
6 Acce tance or Rejection of Bids
7 Deterrm ation of Award
8 Evaluatio
9 Contract Pie
10 Postponemeh of Date for Presenting and Opening of
Bids
11 Qualifications of Odors
12 Addenda and ModiTi ations
13 Occupational Health d Safety
14 Environmental Regulations
15 "Or Equal" Clause
16 Protested Solicitation Aware
17 Financial Stability and Stren.
18 Local, Small and Disadvantag-o Firm Participation
19 Minority /Women Procurement P •gram
20 First Source Hiring Agreements
21 Documentation of Community Partic nation Benefits
22 Cone of Silence
23 Public Entity Crime
24 Commodities manufactured, grown, or proouced in the
City of Miami, Miami -Dade County and the ,tate of
Florida
5
7
9-10
11-17
00400 PROPOSAL BID FORM 18-25
00402 SCHEDULE OF BID PRICES — PAY ITEMS 26-28
00410 BID BOND FORM 29
Bid No. 13-14-026 Page 1
, '.Sa-ction ArticlekNo. Title r"`2 Page No.
No.
00500 SUPPLEMENT TO BID FORM: 31
QUESTIONNAIRE
00502 SUPPLEMENT TO BID FORM: 36
CUSTOMER REFERENCE LISTING
00 10 SUPPLEMENT TO BID FORM 38
OFFICE LOCATION AFFIDAVIT
00600 CONTRACT
Scope of Work
2 The Contract Sum
3 Partial And Final Payments
4 Time of Completion
5 Additional Bond
6 Contract Documents
7 The Contract Term
8 C\ntingency Clause
9 Noks
10 Matelglity and Waiver of Breach
11 Severah‘ e
12 Applicabl Law and Venue
13 Amendmen
14 Prior Agreeme t
40
00710 FORM OF PERFORMANCE BOND 48
00720 FORM OF PAYMENT ecND 51
00721 CERTIFICATE AS TO CIOTPORATE PRINCIPAL 54
00735 PERFORMANCE AND PANVIENT GUARANTY FORM 55
UNCONDITIONAL/IRREVOOABLE LETTER OF
CREDIT
00800 GENERAL CONDITIONS
1 Contract Documents
2 Intention of City
3 Terms of the Contract
4 Preliminary Matters
5 Performance Bond and Payment Bond
6 Qualification of Surety
57
Bid No. 13-14-026 Page 2
} ti.
Section
No.
Article No.
Title Page No.
7 Indemnification
8 Insurance Requirements
9 Labor and Materials
10 General Requirements
11 Worker's Identification
12 Royalties and Patents
13 Weather
14 Permits, Licenses and Impact Fees
5 Resolution of Disputes
1 Inspection of Work
17 Authority of the City Project Manager/Engineer
18 Superintendence and Supervision
19 Method of Performing the Work
20 City's Right to Terminate Contract
21 Assignment
22 ontractor's Use of the Work Site
23 Int ering Structures
24 Site ti vestigation and Representation
25 Contra tor's Responsibility for Damages and Accidents
26 Acciden
27 Safety Pre autions
28 Warranty of Material
29 Manufacturer's Instructions
30 Manufacturer's arranty
31 Defective Work
32 Taxes
33 Subcontracts
34 Separate Contracts
35 Continuing the Work
36 Changes in the Work or Te s of Contract Documents
37 Supplemental Instructions
38 Field Directives
39 Change Orders
40 Value of Change Order Work
41 No Damages for Delay
42 Force Majeure
43 No Interest
44 Material Safety Data Sheets & Product Da
45 Stop Work Order
46 Cleaning Up; City's Right to Clean Up
47 Nondiscrimination, Equal Employment Opportunity, and
Americans with Disabilities Act
48 Contingency Allowance
49 Payment and Performance Bond
50 Davis Bacon Act — Not Applicable
51 Pricing and Payment
52 Materials and Equipment
Bid No. 13-14-026
Page 3
•
Section Article!No. Title
No.
53 Method of Award
54 Additions/Deletions of Services Required
55 Estimated Quantities
56 Emergency/ Disaster Performance
57 Contract Hierarchy
58 Third Party Beneficiaries
59 Warranty, Fitness for Purpose
01000 SUPPLEMENTAL CONDITIONS
1 Scope of Work
2 Quality Assurance
3 Description of Work
4 Fencing around Excavation
5. Providing access to business establishments
6 'ermit
7 M intenance of Landscaping
8 Ro t Guard
9 Plan 'IN
10 Soddin
11 Irrigation
12 Terms of th Contract
13 Pricing and Pa ent
14 Materials and Eq i+ment
15 Traffic Circles
Attachment A
DIVISION 2A _ Planting
DIVISION 2B- Sodding
DIVISION 2C- Irrigation
DIVISION 2D- Traffic Circles Locatio s
Typical. Tree Planting Location
Public Work Engineering Standards, Misc. e -293
Page No.
76
80
Bid No, 13-14-026 Page 4
INVITATION TO BID NO. 13-14-026
NOTICE TO CONTRACTORS
Baled bids will be received by the City of Miami, Office of the City Clerk, City Hall, 1st Floor, 3500
P American Drive, Miami, Florida 33133-5504, until 11:00 A.M. on Tuesday, October 14, 2014 for
the roject entitled:
Dr. MARTIN LUTHER KING (MLK) Jr. BOULEVARD AND TRAFFIC CIRCLES
MAINTENANCE CONTRACT, M-0109
Scope of Work: T> e project consists of complete landscaping services for the following locations: #1).
Dr. Martin Luther Kiln Jr. Boulevard (MLK) located along N.W. 62 Street from N.W. 5th Place to N.W. 12 h
Avenue, #2); the east nd west embankments of 1-95 ramps intersecting N.W. 62nd Street, #3); the
Butterfly Gardens locate east and west of 1-95 and N,W. 54th Street and; #4.) 118 Traffic Circles and
corresponding round abou Qreas and traffic separators located at roadway intersections. A complete
landscaping service consists k\but is not limited to mowing, weeding, edging, pruning, trimming, raking,
blowing, mulching, herbicide and®ipsecticide, etcetera. 26 times per year; Litter pick up (cups, paper trash,
bags, bottles, etc.) Shall also be' provided on a weekly basis. The scope of work shall also include
maintenance services to the irrigatiola systems) at the Butterfly Gardens and the planting shrubs and
trees in the subject locations as requt d. NOTE: Additional locations for landscaping and irrigation
services may be added to this contract as , aintenance responsibilities are transfered to the Public Works
Department. The work performed by the bcontractors cannot be more than 10% of the total work
specified in this contract.
Minimum Requirements: THE PROSPECTIV" BIDDER MUST HAVE A CURRENT CERTIFIED
CONTRACTOR'S LICENSE FROM THE STATE O FLORIDA CONSTRUCTION INDUSTRY LICENSE
BOARD FOR THE CLASS OF WORK TO BE PERF 8MED OR THE APPROPRIATE CERTIFICATE
OF COMPETENCY OR THE STATE'S CONTRAC QRS CERTIFICATE OF REGISTRATION AS
ISSUED BY MIAMI-DADE COUNTY CODE, WHICH AUThORIZES THE BIDDER TO PERFORM THE
PROPOSED WORK. THE SELECTED CONTRACTOR HALL HOLD A MIAMI-DADE COUNTY
MUNICIPAL OCCUPATIONAL LICENSE ISSUED BY MIAMI FADE COUNTY IN THE APPROPRIATE
TRADE (Landscaping).
A 100% Performance and Payment Bond for the Total Bid Amouis required for this Project.
A 5% Bid Bond for the Total Bid Amount is required.
Bid packages containing complete instructions, plans (for referenced only \and specifications may be
obtained at the Public Works Department, 444 S.W. 2nd Avenue, 8th Flooqr, Miami, Florida 33130,
Telephone (305) 416-1200 on or after Monday, September 22, 2014. Bid pact ges will be available in
hard copy for a non-refundable fee of $20.00. A bid package can be mailed via re " lar US Mail to bidders
upon written request to the Department. Said request shall include the approprlat non-refundable fee
plus $10 for shipping and handling, All bids shall be submitted in accordance with he Instructions to
Bidders. Bids must be submitted in duplicate originals in the envelope provided with th bid package. At
the time, date, and place mentioned above, bids will be publicly opened. Any bid or proposals
received after the specified time and date will be returned to the bidder unopened. The
responsibility for submitting a bid/proposal before the stated time and date is solely and\ trictly the
responsibility of the bidder/proposer. The City is not responsible for delays caused by malt courier
service, including U.S. Mail, or any other occurrence that prevents timely submittal of a bid.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CON .OF
SILENCE" IN ACCORDANCE WITH SECTION 18-74 OF THE CITY OF MIAMI ORDINANCE NO.
12271.
Bid No. 13-14-026
Page 5
Bid No. 13-14-026
Dr. MLK Jr. BOULEVARD AND TRAFFIC CIRCLES LANDSCAPING
CONTRACT, M-0109
NOTICE TO PROSPECTIVE BIDDERS
NO BID
If not submitting a bid at this time, please detach this sheet from the bid documents, complete the
'nformation requested, and return to:
City of Miami
Public Works Department
444 SW 2"d Ave., 8th Floor
Miami, FL 33130
Facsimile No. (305) 416-1278
NO BID SUBMITTED FOEASON(S) CHECKED AND/OR INDICATED:
Our Company goes not handle this type of product/service.
We cannot meet thpecifications nor provide an alternate equal product.
Our Company is simply drat interested in bidding at this time.
Due to prior commitments,, was unable to attend pre -proposal meeting.
Insurance requirements are to excessive.
Other. (Please specify)
We do _ do not ,T, want to be retained on your mailin ist for future bids for this type of product and/or
service.
Signature:
Title:
Company:
Note: This form is for information purposes only. The City of Miami uses this ih ormation to update its
vendor's list.
Bid No. 13-14-026 Page 6 \
00100. GENERAL INSTRUCTIONS TO BIDDERS:
•
1. General: The following instructions and those set forth in Section 00300 herein are given for the
purpose of guiding Bidders in properly preparing their bids, Such instructions have equal force
and weight with other portions of the Contract Documents and strict compliance is required with
all the provisions contained in the instructions. Bidders shall note that various paragraphs within
these bid documents have a [ X j box which may be checked. If the box is checked, the language
is made a part of the bid documents and compliance therewith is required of the Bidder; if the box
is not checked, the language is not made a part of the bid documents. For additional information,
tease refer to the Public Works Department — STANDARD CONTRACT DOCUMENTS AND
S CIFICATIONS FOR PUBLIC WORKS PROJECTS.
2. Sco of Work: The Work specified in the Contract Documents consists of furnishing all labor,
machin , tools, means of transportation and debris disposal, supplies, equipment, materials,
water, die el fuel and services necessary to perform the complete landscaping maintenance of
the public ri fit of ways listed below.
The work inclai;s, but is not limited to, the following:
• Landscaping aintenance services — 26 times per year including but not limited to mowing,
weeding, edging, pruning, trimming, raking, blowing, Utter pick up (weekly), mulching,
herbicide and inse' icide. Cycle frequency may be adjusted due to weather conditions and at
the discretion of the City Engineer. Adjustment to cycle frequency will not increase the
number of maintenance ervice visits, which will not exceed 26,
• Litter Pick Up (all type of lit k�r such as cups, paper, disposable plastic, trash, bottles, etc.) —
every week at all locations during the term of this contract.
• Pruning — Shrubs shall be trim ed as needed to provide an informal shape, fullness and
bloom. Trees shall be free of all ad (browned) fronds and branches. Cut and remove the
fronds that are pointing down to t ground that are browning/yellowing. Tree and palm
pruning shall be done 26 times per ye and all dead fronds and seeds shall be removed as
part of the 26 times per year landscapin ork.
• Raking/Blowing — 26 times per year at are around trees, palms, shrubs and ground cover
that shall be raked or moved using a blower adisposed of accordingly.
• Irrigation System Maintenance — 26 times a yea at the Butterfly Gardens. Contractor is to
ensure that the irrigation system is in working co ition and is responsible for any required
repairs every 2 weeks at no additional cost to the . Responsibility includes all electrical,
plumbing and mechanical components. Yearly backflow preventer certification shall be
submitted to the City as per MDWASD requirements.
• Tree/ stump removal — "as needed".
• Tree/Palm Planting — "as needed". Planting trees and palms "d.b.h.) minimum. Every tree
must be guaranteed for 2 years from date of acceptance.
• Visual obstruction removal — "as needed".
• Planting Shrubs — "as needed". Every new shrub shall be guaranteed for 1 year from date of
acceptance.
• Sodding — "as needed".
• Mulching — "as needed". For Butterfly Garden and MLK Boulevard mulch shal •e red.
• Watering — monthly watering will be required at locations #1, #2 and #4. Cycle frquency may
be adjusted by the City Engineer but shall not exceed 12 cycles.
Additional information to the Scope of Work and or supporting documents is found i `. Section
01000 SUPPLEMENTAL CONDITIONS of these Specifications and in Attachment A co tained
herein.
Bid No. 13-14-026
Page 7
3. Location of Work:
The project is located at the following rights of ways:
• #1). Dr. MLK Jr. Boulevard located along N.W. 62 Street from N.W. 5th Place to N.W. 12th
Avenue.
• #2). The east and west embankments of 1-95 ramps intersecting N.W. 62'd Street.
#3). The Butterfly Gardens located east and west of 1-95 and N.W. 54th Street.
• ; 4). City Maintained Traffic Circles and corresponding round about areas and traffic
s Qarators located at roadway intersections and eleven (11) associated triangular areas. List
of Nations is provided in Division 2D of these Specifications. There are 116 landscaped
traffics ircles and 2 brick paver traffic circles and eleven (11) triangle areas as part of this
contras
• Locations ' ay be added or deleted by City Engineer. Any additions or deletions that
materially aff- t the contract will be addressed by change order.
4. Terms of the Contract:
The initial term of the Con ract shall be one (1) year, which shall commence ten (10) days after a
Notice To Proceed is issue by the City of Miami. The City, at its sole discretion, may execute
and option to renew (OTR) th Contract for four (4) additional one year term periods contingent
upon availability of funding and Qntractor's performance.
5. License Requirements:
THE PROSPECTIVE BIDDER MUST I4AVE A CURRENT CERTIFIED CONTRACTOR'S
LICENSE FROM THE STATE OF FLORION CONSTRUCTION INDUSTRY LICENSE BOARD
FOR THE CLASS OF WORK TO BE PERFOMED OR THE APPROPRIATE CERTIFICATE
OF COMPETENCY OR THE STATE'S CONTRA TORS CERTIFICATE OF REGISTRATION AS
ISSUED BY MIAMI-DADE COUNTY CODE, WHICH AUTHORIZES THE BIDDER TO
PERFORM THE PROPOSED WORK. THE SELEC ®D CONTRACTOR SHALL HOLD A MIAMI-
DADE COUNTY MUNICIPAL OCCUPATIONAL LIC SE ISSUED BY MIAMI-DADE COUNTY
IN THE APPROPRIATE TRADE (Landscaping).
6. Performance Bond: A 100% Performance and Payment ond is required for this contract for
the Total Bid amount and every OTR year.
7. Subcontractor: The work performed by the subcontractors can of be more than 10% of the
total work specified in this contract.
Bid No. 13-14-026
Page 8
00200. 'DEFINITIONS:
1.
Definitions: Whenever the following terms or pronouns in place of them appear in the Public
Works Department — STANDARD CONTRACT DOCUMENTS AND SPECIFICATIONS FOR
PUBLIC WORKS PROJECTS, the intent and meaning shall be interpreted as follows:
1.1. Bidder means any individual, firm, incorporated or unincorporated business entity, or
corporation submitting a bid for this Project, acting directly or through a duly
authorized representative.
1.2. Change Order means a written document ordering a change in the Contract Price or
Contract Time or a material change in the Work. A change order must comply with the
Contract Documents and the Procurement Ordinance of the City.
1.3. City means the City of Miami, a Florida municipal corporation, having its principal
offices at 444 SW 2nd Ave., Miami, Florida 33130, which is a party hereto and /or for
which this Contract is to be performed. In all respects hereunder, City's performance
pursuant to City's position as the owners In the event City exercises its regulatory
au ority as a governmental body, the exercise of such regulatory authority and the
enfo ement of any rules, regulations, laws and ordinances shall be deemed to have
occurre pursuant to City's regulatory authority as a governmental body and shall not
be attribu ble in any manner to City as a party to this Contract.
1.4. City Commi ion means the governing and legislative body of the City.
1.5. City Manager m ans the Chief Administrative Officer of the City.
1.6. Contract means th part or section of the Contract Documents addressing some of
the rights and duties the parties hereto, including but not limited to contract time and
liquidated damages.
1.7. Contract Documents CIa`r'fication means any request for additional information or
clarification, pursuant to the one of Silence, must be received in writing no later than
ten (10) calendar days prior bid opening. Bidders may fax or mail their requests
to the attention of Eduardo Sa tamaria, P.E., CGC, Director of Public Works, 444
S.W. 2nd Avenue, 8th Floor, Miami, lorida 33130. The facsimile number is (305) 416-
1278.
1.8.. Contract Administrator means the individual appointed by the City Manager who
shall be the City's authorized representativ to coordinate, direct, and review on behalf
of the City, all matters related to the Pr ject. The Contract Administrator for this
Project is the Director, Department of Public orks.
1.9. Contract Documents means the Invitation to specifications, the Notice for Bids,
Addenda, if any, the Bid Form, the record of the ward by the City Commission, the
Performance Bond and Payment Bond, the Notice o ward, the Notice(s) to Proceed,
the Purchase Order, Change Orders, Field Ordersupplemental Instructions, and
any additional documents the submission of which\\\s required by the Contract
Documents, are the documents which are collectively ferred to as the Contract
Documents.
1.10. Contract Value means the original amount established in the '% d submittal and award
by the City, as may be amended by an eligible and authorized C nge Order.
1.11. Contract Period means the original time between commence t and expiration,
including any the exercising of any options to renew, established i, Article 2 of the
Contract, as may be amended by Change Order.
1.12. Contractor means the person, firm, or corporation with whom the City hkk contracted
and who is responsible for the acceptable performance of the Work aid for the
payment of all legal debts pertaining to the Work. All references in the'Sontract
Documents to third parties under contract or control of Contractor shall be dee eed to
be a reference to Contractor.
Bid No. 13-14-026 Page 9
1.13. Field Order means a written order which orders minor changes in the Work but does
not involve a change in the Contract Price.
1.14 Contract Period means the approved set time to complete the project as per bid
proposal by set working days.
1,15. Inspector means an authorized representative of the City assigned to make
necessary inspections of materials furnished by Contractor and of the Work performed
by Contractor.
.16. Materials means materials incorporated in this Project, or used or consumed in the
performance of the Work.
1.17. Notice(s) to Proceed (NTP) means written notice to Contractor authorizing the
commencement of the activities identified in the notice or as described in the Contract
Documents.
1.18. grogram/Project Manager means the City employee designated by the Contract
Adninistrator to provide day to day management of the Project.
1.19. Cont ct Commencement Date means the date upon which the Contract Period
comme es.
1.20. Working nay: Refer to Public Works Department — STANDARD CONTRACT
DOCUMEN AND SPECIFICATIONS FOR PUBLIC WORKS PROJECTS.
1.21. Subcontractor means a person, firm or corporation having a direct contract with
Contractor including one who furnishes material worked to a special design according
to the Contract Domeats, but does not include one who merely furnishes Materials
not so worked. The ork performed by the subcontractors cannot be more than 10%
of the total work speci d in this contract.
1.22. Surety means the surety ompany or individual, authorized to transact surety services
in the State of Florida, whi h is bound by the performance bond and payment bond
with and for Contractor who primarily liable, and which surety company or individual
is responsible for Contractor's atisfactory performance of the work under the contract
and for the payment of all debts pertaining thereto in accordance with Section 255.05,
Florida Statutes.
1.23. Work means the complete landscaping, litter pick up and irrigation system including all
electrical fixtures maintenance and rvices required by the Contract Documents,
whether completed or partially comple ed, and includes all other labor, materials,
equipment and services provided or to be +rovided by Contractor to fulfill Contractor's
obligations.
Bid No. 13-14-026 Page 1
00300. INSTRUCTIONS TO BIDDERS:..
1. Examination of Contract Documents and Site(s): It is the responsibility of each Bidder before
submitting a Bid, to:
1.1. Examine the Contract Documents thoroughly.
1.2. Visit the location site(s) or structure(s) to become familiar with conditions that may
affect costs, progress, performance or furnishing of the Work.
1.3. Take into account federal, state and local (City and Miami -Dade County including,
without limitation the City Purchasing Ordinance and Florida Building Code ) laws,
regulations, ordinances that may affect costs, progress, performance, furnishing of the
Work, or award.
1.4. Study and carefully correlate Bidder's observations with the Contract Documents.
1.5. refully review the Contract Documents and notify City of all conflicts, errors or
dis r\epancies in the Contract Documents of which Bidder knows or reasonably should
have I clown.
The submission of Bid shall constitute an incontrovertible representation by Bidder/Proposer
that Bidder/Proposers complied with the above requirements and that without exception, the
Bid is premised upon performing and furnishing the Work required by the Contract Documents
and that the Contract Do uments are sufficient in scope and detail to indicate and convey
understanding of all terms a conditions for performance and furnishing of the Work.
2. Pre -Bid Interpretations: Only q stions answered by written Addenda will be binding. Ora/ and
other interpretations or clarif/catios will be without legal binding effect. All questions about the
meaning or intent of the Contract Docguments are to be directed to the Public Works Director, 444
SW 2nd Avenue, 8th Floor, Miami, Florida 33130. Requests for clarification or interpretation must
be in writing and may also be sent via csimile to (305) 416-1278 to the Public Works Director.
Interpretations or clarifications considers necessary by the City's Public Works Department in
response to such questions will be issued t' City by means of Addenda mailed or faxed to all
parties recorded by the City's Public Ws Department as having received the Bidding
Documents. A copy of such response will be forwarded to the City Clerk's Office. Written
questions should be received no less than to (10) calendar days prior to the date of the
opening of Bids. There shall be no obligation n the part of City to respond to questions
received less than ten (10) calendar days prior to bid •ening.
3. Submitting Bids: All bids shall be submitted in accorda e with the Instructions to Bidders. Bids
must be submitted in duplicate originals in the envelop provided with the bid package to the
City of Miami, City Clerk's office located at City Hall, First FI r, 3500 Pan American Drive, Miami,
Florida 33133, before the time and date specified for bid op ning, enclosed in a sealed manila
envelope, legibly marked on the outside:. Any bids or propos Is received after time and date
specified will be returned to the bidder unopened. The responsibility for submitting a
bid/proposal before the stated time and date is solely and stri tly the responsibility of the
bidder/proposer. The City is not responsible for delays caused by mjl, courier service, including
U.S. Mail, or any other occurrence.
4. Printed Form of Bid: All bids must be made upon the blank City of MI mi Bid Form provided
herein and must give the price in strict accordance with the instructions they on. The bid must be
signed and acknowledged by the Bidder in accordance with the directions on e bid form. Please
refer to the Public Works Department — STANDARD CONTRACT DOCUMENTS AND
SPECIFICATIONS FOR PUBLIC WORKS PROJECTS,'Instructions to Bidders, S ction 1.
5. Bid Guaranty: All bids shall be accompanied by either an original bid bond execut d by a Surety
Company that is licensed to do business in the State of Flori a, or by
money order, certified check, cashier's check, Unconditional/Irrevocable Letter of Credit,
treasurer's check or bank draft of any national or state bank (United States), in the am vnt of 5%
of the total bid amount, payable to City of Miami, Florida, and conditioned upon the sOccessful
Bidder executing the Contract and providing the required Performance Bond and Payme , Bond
and evidence of required insurance within fifteen (15) calendar days after notification of awrd of
Bid No. 13-14-026 Page 11
the Contract. A PERSONAL CHECK OR A COMPANY CHECK OF'A BIDDER SHALL NOT BE
DEEMED A VALID BID SECURITY. Security of the successful Bidder shall be forfeited to the
City of Miami as liquidated damages, not as a penalty, for the cost and expense incurred should
said Bidder fail to execute the Contract, and provide the required Payment and Performance
Bond. The City reserves the right to reject any and all surety tendered to the City. Bid Deposits
are returned to unsuccessful bidders within ten (10) days after the award and successful bidder'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.
Acceptance or Refection of Bids: 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 services
described in the formal solicitation. In the event of such rejection, the Director shall notify all
affected bidders and make available a written explanation for the rejection. The City also reserves
th right to reject the response of any bidder who has previously failed to properly perform under
the erms and conditions of a contract, to deliver on time contracts of a similar nature, and who is
not i a position to perform the requirements defined in this formal solicitation. The City further
reservak the right to waive any irregularities or minor informalities or technicalities in any or all
responsa and may, at its discretion, re -issue this formal solicitation.
7. Determinati of Award: Except where the City reserves the right to reject any or all bids and
subject to oth r applicable restrictions, the City Commission shall award the contract to the lowest
responsive an responsible bidder and reserves the right to award to a second bidder as a
contingency to th awardee's ability to perform the services of the contract. Bidders are bidding
on a lump sum, n t, to exceed basis for the purpose of determining the lowest responsive and
responsible bidders. owever, Bidders will be paid based on the line item breakdown, contained
in the Bid Form, with p ments based on actual work performed.
The City in its sole discr ion reserves the right to award any or all portions of the Bid, in a
manner that is in the best in rest of the City.
In determining the lowest resp sive and responsible bidder, in addition to price, there shall be
considered the following: 0�
a.
The ability, capacity and ill of the bidder to perform the Contract.
b. Whether the bidder can perform the Contract within the time specified, without delay
or interference.
c. The character, integrity, reputatijudgment, experience and efficiency of the bidder.
d. The quality of performance of prevNs contracts.
e.
The previous and existing compliance py the bidder with laws and ordinances relating
to the Contract.
The City reserves the right to reject any bid where the line item pricing is determined to be
unbalanced. Such determination will be made at the so discretion of the City.
8. Evaluation: An interim performance evaluation of the C tractor may be submitted during the
term of the Contract. A final performance evaluation shall e submitted when the Request for
Final Payment to the Contractor is forwarded for approval. Th - City of Miami shall provide a copy
to the Contractor. Such performance evaluation(s) will be combitied with any previous and future
performance evaluations to determine a Contractors performanceating which will be used by the
City as a factor in considering the responsibility of the Contractor fo uture bids with the City.
9, Contract Price: The Contract Value is to include the furnishing of all I bor, materials, overhead
expense and profit, equipment including tools, services, permit fees, ap,licable taxes, overhead
and profit for the completion of the Work except as may be otherwise ex ressly provided in the
Contract Documents. The cost of any item(s) of Work not covered by a s ecific Contract unit
price or lump sum price shall be included in the Contract unit price or lump sum price to which the
item(s) is most applicable. No additional compensation will be allowed.
10. Postponement of Date for Presenting and Opening of Bids: The City reserves the right to
postpone the date for receipt and opening of bids and will make a reasonable effor to give at
least five (5) calendar days notice of any such postponement to each prospective Bidder.
Bid No. 13-14-026
Page 1I2
11:- ' Qualifidations of Bidders: Bids shall be con§idered only from firms" riormall'y engaged in
performing the type of work specified within the Contract Documents. Bidder must have
adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service
to City.
In determining a Bidder's responsibility and ability to perform the Contract, City has the right to
investigate and request information concerning the financial condition, experience record,
personnel, equipment, facilities, principal business location and organization of the Bidder, the
Bidder's "record with environmental regulations, and the claims/litigation history of the Bidder.
12. Addenda and Modifications: The City shall make reasonable efforts to issue addenda within five
(5) calendar days prior to bid opening. All addenda and other modifications made prior to the
ime and date of bid opening shall be issued as separate documents identified as changes to the
Co ,tract. It is the bidder's responsibility to ensure receipt of all Addenda.
13. Occupational Health and Safety: In compliance with Chapter 442, Florida Statutes, any toxic
substan listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of
this bid mV be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained
from the manufacturer. The MSDS must include the following information:
13.1. The )S emical name and the common name of the substance.
13.2. The ha rds or other risks in the use of the substance, including:
13,2.1. The potential for fire, explosion, corrosion, and reaction;
13,2,2. tie known acute and chronic health effects of risks from exposure,
in I ding the medical conditions which are generally recognized as being
aggr vated by exposure to the substance; and
13.2.3. The pri ary routes of entry and symptoms of overexposure.
13.3. The proper precautions, handling practices, necessary personal protective equipment,
and other safety precau i ns in the use of or exposure to the substances, including
appropriate emergency tre� ment in case of overexposure.
13.4. The emergency procedure fo pills, fire, disposal, and first aid,
13.5. A description in lay terms of th known specific potential health risks posed by the
substance intended to alert any pe on reading this information.
13.6. The year and month, if available, th t the information was compiled and the name,
address, and emergency telephone \umber of the manufacturer responsible for
preparing the information.
14. Environmental Regulations: The City reserves the righto consider a Bidder's history of citations
and/or violations of environmental regulations in investiga`ti(g a Bidder's responsibility, and further
reserves the right to declare a Bidder not responsible if file history of violations warrant such
determination in the opinion of the City. Bidder shall submit kith its Bid, a complete history of all
citations and/or violations, notices and dispositions thereof. N he non -submission of any such
documentation shall be deemed to be an affirmation by the Bid d r that there are no citations or
violations. Bidder shall notify the City immediately of notice of ny citation or violation which
Bidder may receive after the Bid opening date and during the time o performance of any contract
awarded to it.
15. "Or Equal" Clause: Whenever a material, article or piece of equipm°nt is identified in the
Contract Documents including plans and specifications by reference t manufacturers' or
vendors' names, trade names, catalog numbers, or otherwise, City will have ade its best efforts
to name at least three (3) such references. Any such reference is intended me ly to establish a
standard; and, unless it is followed by the words "no substitution is permitt d" because of
form, fit, function and quality, any material, article, or equipment of other man cturers and
vendors which will perform or serve the requirements of the general design will be considered
equally acceptable provided the materials, article or equipment so proposed is, in the s :Ie opinion
of the City, equal in substance, quality and function.
Bid No. 13-14-026
Page 13
ANY REQUESTS FOR SUBSTITUTION' MUST BE MADE TO THE CITY'S PUBLIC WORKS
DEPARTMENT,
16. Protested Solicitation Award: Any actual or prospective contractual party who feels aggrieved in
connection with the solicitation or award of a contract may protest in writing to the Director of
Purchasing/Chief Procurement Officer who shall have the authority, subject to the approval of the
City Manager and the City Attorney, to settle and resolve a protest with final approval by the City
Commission, Bidders are alerted to Section 18-103 of the City's Code describing the protest
procedures. Protests failing to meet the requirements for filing shall NOT be accepted. Failure of
a party to timely file shall constitute a forfeiture of such party's right to file a protest. NO
EXCEPTIONS.
17. 'i ancial Stability and Strength: The bidder must be able to demonstrate a good record of
pe?frmance and have sufficient financial resources to ensure that they can satisfactorily provide
the goods and/or services required herein.
Bidders)Rroposers shall submit financial statements for each of their last two complete fiscal
years withkten (10) calendar days, upon written request. Such statements should include, as a
minimum, balance sheets (statements of financial position) and statements of profit and loss
(statement of ht income). When the bid submittal is from a Joint Venture, each Bidder/Proposer
involved in the Ji t Venture must submit financial statements as indicated above.
Any Bidder/Propose who, at the time of bid submission, is involved in an ongoing bankruptcy as
a debtor, or in a reor nization, liquidation, or dissolution proceeding, or if a trustee or receiver
has been appointed ove all or a substantial portion of the property of the Bidder/Proposer under
federal bankruptcy law or n\y, state insolvency, may be declared non -responsive.
18. First Source Hiring Agreemen%s:
Section 18-110 of the City Code tates:
(a) The City commission appro s implementation of the first -source hiring agreement policy
and requires as a condition precede to the execution of service contracts for facilities, services,
and/or receipt of grants and loans, fo\ rojects of a nature that create new jobs, the successful
negotiation of first source hiring agreem is between the organization or individual receiving said
contract and the Authorized RepresentatiJ- unless such an agreement is found infeasible by the
City Manager and such finding approved by°tl e City commission at a public hearing.
b) For the purpose of this section, the follc3, ing terms, phrases, words and their derivations
shall have the following meanings:
Authorized Representative means the Private In stry Council of South Florida/South Florida
Employment and Training Consortium, or its succee sor as local recipient of federal and state
training and employment funds.
Facilities means all publicly financed projects, Inc ,ding but without limitation, unified
development projects, municipal public works, and municip L mprovements to the extent they are
financed through public money or services or the use of publicly owned property
Grants and loans means, without limitation, urban development tion grants (UDAG), economic
development agency construction loans, loans from Miami Capit L Development, Incorporated,
and all federal and state grants administered by the City
Service contracts means contracts for the procurement of services bthe City which include
professional services.
Services include, without limitation, public works improvements, facilities, pfessional services,
commodities, supplies, materials and equipment
(c) The Authorized Representative shall negotiate each first source hiring agree event
(d) The primary beneficiaries of the first -source hiring agreement shall be particlants of the
City training and employment programs, and other residents of the City.
Bidders/Proposers are strongly encouraged to identify opportunities to hire qualified City
residents if a contract is awarded, and are expected to secure the cooperation of subcontractors
Bid No. 13-14-026
Page 14\
•in this effort as well. Approved community atgencies'a`re'available'to assist with recruitment and
screening of job applicants, and may periodically monitor contractors' employment records during
the term of the contract. Resident job applicants are not expected to receive special
consideration by the prospective employer, and must meet all hiring requirements normally
imposed by the employer. During the term of the Contract, if awarded, the City may require the
Contractor and its subcontractors to periodically review its manpower needs and resubmit First
Source Hiring forms.
19. Documentation of Community Participation Benefits
Proposers/Bidders shall document all efforts to obtain participation goals for the above
Community Participation Benefits under the Contract as follows:
• Securing the participation of local firms, CSBEs and/or DBEs as Subcontractor, or
major supplier for the Contractor and identifying each within the submittal
(bid/proposal/qualifications), along with the corresponding level of participation as a
percentage of total Contract compensation or dollar value
For CSBEs and/or DBEs, submitting copies of applicable registrations or
certifications from the issuing governmental agency as part of the submittal
(bid/proposal/qualifications). Only registrations that are in effect at the time of the
submittal deadline will be considered.
• local firms, submit the Local Office Affidavit form and occupational license
• For ity resident hiring, execute and submit the First Source Hiring Compliance
affida it identifying all potential employment opportunities becoming available as a
result o the Contract, if awarded.
Silence; Purs� nt to Section 18-74
20. Cone of Sileof the City of Miami Ordinance No. 12271, a "Cone of
Silence" is imposed upo?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 ap ijcable 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 IFB (bids) between, among others:
• Potential vendors, ser3;ce providers, bidders, lobbyists or Consultants and the City's
professional staff inclu ng, but not limited to, the City Manager and the City
Manager's staff, the Mayo City Commissioners, or their respective staffs;
• the Mayor, City Commission s or their respective staffs and the City's professional
staff including, but not limited t the City Manager and the City Manager's staff;
• potential vendors, service provide , bidders, lobbyist or Consultants, any member of
the City's professional staff, the MaQQr, City Commissioners or their respective staffs
and any member of the respective sole Lion/evaluation committee
The provision does not apply to, among other comm'cations:
• oral communications with the City pure sing staff regarding Minority/Women
Business Enterprise (M/WBE) and local ven Qr outreach programs, provided the
communication is limited strictly to matters of prob ss or procedure already contained
in the solicitation document;
• the provisions of the Cone of Silence do not apply toral communications at duly
noticed site visits/inspections, pre -proposal or pre -bid co ( erences, oral presentations
before selection/evaluation committees, contract negotiatio s during any duly noticed
public meeting, or public presentations made to the Miami Commission during a
duly noticed public meeting; or
• Communications in writing or by email at any time with any City Tployee, official or
member of the City Commission unless specifically prohibited by the applicable RFP,
RFQ or bid documents.
Bid No. 13-14-026
ge 15
Communications in connection with the collection of industry comments or the
performance of market research regarding a particular RFP, RFQ, RFLI OR IFB 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 at MArcia a(�,miamiiov.com
In addition to any other penalties provided by law, violation of the Cone of Silence by any
roposer or bidder shall render any award voidable, A violation by a particular Bidder, Proposer,
Offeror, Respondent, lobbyist or Consultant shall subject same to potential debarment pursuant
to th' 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
Commis on. Proposers or bidders should reference Section 18-74 of the City of Miami
Ordinanceo. 12271 for further clarification.
This languag is only a summary of the key provisions of the Cone of Silence. Please review City
of Miami Ordin nce No. 12271 for a complete and thorough description of the Cone of Silence.
You may contact e City Clerk at (305)-250-5360, to obtain a copy of same.
21. Public Entity Crime. A person or affiliate who has been placed on the convicted Proposer list
following a conviction or a public entity crime may not submit a proposal on a contract to provide
any goods or services 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 works project, may not submit a
response on a lease of rea\•roperty to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontr.ctor, or Consultant under a contract with any public entity, and may
not transact business with any ublic entity in excess of the threshold amount provided in Section
287.017 of Florida Statutes for ategory Two for a period of 36 months from the date of being
placed on the convicted Bidder / " ,oposer list.
22. Debarred/Suspended Vendors: An _ptity or affiliate who has been placed on the State of Florida
debarred or suspended vendor list ma not submit a response on a contract to provide goods or
services to a public entity, may not sub it a response on a contract with a public entity for the
construction or repair of a public building s r public work, may not submit response on leases of
real property to a public entity, may not ward or perform work as a contractor, supplier,
subcontractor, or consultant under contract w any public entity, and may not transact business
with any public entity.
23. Commodities manufactured, crown, or produced i the City of Miami, Miami -Dade County and
the State of Florida: Whenever two or more competi e sealed bids are received, one or more of
which relates to commodities manufactured, grown, or\produced within the City of Miami, Miami -
Dade County and the State of Florida, and whenever ali things stated in such received bids are
equal with respect to price, quality, and service, the a mmodities manufactured, grown, or
produced within the City of Miami, Miami -Dade County an the State of Florida shall be given
preference.
24. Conflict of Interest: Bidders/Proposers, by responding to this Fora I Solicitation, certify that to the
best of their knowledge or belief, no elected/appointed official or e,ployee of the City of Miami is
financially interested, directly or indirectly, in the purchase of good /services specified in this
Formal Solicitation. Any such interests on the part of the Bidder/Prop. r or its employees must
be disclosed in writing to the City. Further, you must disclose the name ony City employee who
owns, directly or indirectly, an interest of five percent (5%) or more of the\\\\ otal assets of capital
stock in your firm.
Bid No. 13-14-026
Page 16
00400. PROPOSAL BID FORM: (Page 1'of 14) Firm's Name:
Address:
Date:
Cit of Miami, Florida
Oficee the City Clerk
City Hal'
Floor
3500 Pan erican Drive
Miami, Flori33133-5504
The undersigned, Bidder, hereby declares that the only persons interested in this bid as principal are
named herein and t t no person other than herein mentioned has any interest in this bid or in the
Contract to be entered to; that this bid is made without connection with any other person, firm, or parties
making a bid; and that it i in all respects, made fairly and in good faith without collusion or fraud.
The Bidder further declares that it has examined the site of the Work and informed itself fully of all
conditions pertaining to the pl ce where the Work is to be done; that it has examined the Contract
Documents and all addenda the to furnished before the opening of the bids, as acknowledged below;
and that it has satisfied itself abou he Work to be performed; and that it has submitted the required Bid
Guaranty; and all other required infor{nation with the bid; and that this bid is submitted voluntarily and
willingly.
The Bidder agrees, if this bid is accept d, to contract with the City, a State of Florida municipal
corporation, pursuant to the terms and condWons of the Contract Documents and to furnish all necessary
materials, equipment, machinery, tools, appa tus, means of transportation, and all labor necessary to
construct and complete within the time limits specified the Work covered by the Contract Documents for
the Project entitled:
Bid No: 13-14-026
Title: Dr. MLK Jr. Boulevard a Traffic Circles Maintenance Contract,
M-0109
The Bidder also agrees to furnish the required Performance Bo d and Payment Bond or alternative form
of security, if permitted by the City, each for not less than the tota id price plus alternates, if any, and to
furnish the required Certificate(s) of Insurance.
The undersigned further agrees that the bid guaranty accompanying Ie bid shall be forfeited if Bidder
fails to execute said Contract, or fails to furnish the required Performanbe� Bond and Payment Bond or
fails to furnish the required Certificate(s) of Insurance within fifteen (15) calendar days after being notified
of the award of the Contract.
In the event of arithmetical errors, the Bidder agrees that these errors are errors o hick may be corrected
by the City. In the event of a discrepancy between the price bid in figures and the rice bid in words, the
price in words shall govern. Bidder agrees that any unit price listed in the bid is to multiplied by the
stated quantity requirements in order to arrive at the total. In case of an error in the e\tension of prices,
the numerical unit price will govern.
Bid No. 13-14-026
Page 17
00400. PROPOSAL BID FORM: (Page 2 of 14) —
Note: Bidders are bidding on a total bid cost basis for the purpose of determining the lowest
responsive and responsible bidder. However, Bidders will be paid based on the line item
breakdown, contained in the Bid Form, with payments based on actual work performed. Bidders
must submit bid prices for all items. Failure to bid on all items will result in the bid being rejected
as non -responsive. The City will award a Contract to the lowest responsive responsible Bidder
ased on any of the Combined Bid Price stated below. Refer to Section 01000 — Supplemental
Conditions.
Our ite1 s and lump sum bid prices include the total cost for the work specified in this bid, consisting of
furnishin , all materials, labor, equipment, supervision, mobilization, overhead & profit required, In
accordanc= with the Bid Specifications.
* * * * * * * * * *', * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
TOTAL BID: Th= sum of items 1 through 21
based on a one ' 1) year completion time
Written Amount
*********************************************************************
Note to Bidders: The City reserves the right to reje =t any and all bids.
The City may opt to renew (OTR) the Contract for four ( additional one (1) year term subject to the
availability of funding and the contractor's performance.
The Total Bid price is for a one year, three hundred sixty five 65) calendar days completion time. The
second year term of the contract will be based on the Total Bid rices and no additional compensation will
be allowed. The price of the four option to renew terms is based orsthe Total Bid prices and no additional
compensation will be allowed.
At the option of the City, the price under Unscheduled Additive Items May be added to the appropriate
Total Bid items for determining the total cost of a Work Order. The price s II be paid from Special
Provisions and it is the same for any OTR. No additional compensation will be allowed.
Bid No. 13-14-026
Page 18
00400. PROPOSAL BIDFORM: (Page 3 of 12)
DIRECTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES, AND PART III.
Part I: Listed below are the dates of issue for each Addendum received in connection with this Bid:
Addendum No. 1, Dated
Addendum No. 2, Dated
Addendum No. 3, Dated
Addendum No. 4, Dated
Part II: No addendum was received In connection with this Bid.
Part III;
Certifications
The Bidder, by virt4 e of signing the Bid Form, affirms that the Bidder is aware of the following, and shall
comply with all the s ted requirements.
1. Affirmative Action PI n
Successful bidder(s) all establish an Affirmative Action Plan or an Affirmative Action Policy
pursuant to Ordinance P1®0062 as amended. Effective date of implementation must be indicated on
the policy: and
2. First Source Hiring
Bidder certifies that (s)he has reed and understood the provisions of City of Miami Ordinance No.
10032, pertaining to the implement on of a "First Source Hiring Agreement". Evaluation of bidder's
responsiveness to Ordinance No. k032 may be a consideration in the award of a contract.
Violations of this Ordinance may be cco�nsidered cause for annulment of a contract between the
successful bidder and the City of Miami; a)
3. Non -Collusion
Bidder certifies that the only persons interested this Bid are named herein; that no other person has
any interest in this Bid or in the Contract to whi this Bid pertains; that this Bid is made without
connection or arrangement with any other person; 01
4. Drug Free Workplace
The undersigned Bidder hereby certifies that it will provide drug -free workplace program by:
(1) Publishing a statement notifying its employees that �e unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is proited in the Bidder's workplace, and
specifying the actions that will be taken against employees for viola't'ons of such prohibition;
Bid No. 13-14-026 Page 19
00400. PROPOSAL, BID FORM: (Page'4 of14)',:."
(2) Establishing a continuing drug -free awareness program to inform its employees about:
(i) The dangers of drug abuse in the workplace;
(II) The Bidder's policy of maintaining a drug -free workplace;
(ill) Any available drug counseling, rehabilitation, and employee assistance programs; and
(iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the
wb kplace;
(3) Giving all employees engaged in performance of the Contract a copy of the statement required
by subp ragraph (1);
(4) Not eying all employees, in writing, of the statement required by subparagraph (1), that as a
condition of f pioyment on a covered Contract, the employee shall:
(i) Abide b he terms of the statement; and
(ii) Notify the e player in writing of the employee's conviction under a criminal drug statute for a
violation occurring in t e workplace no later than five (5) calendar days after such conviction;
(5) Notifying the C in writing within ten (10) calendar days after receiving notice under
subdivision (4) (ii) above, rom an employee or otherwise receiving actual notice of such conviction.
The notice shall include the osition title of the employee;
(6) Within thirty (30) calm r days after receiving notice under subparagraph (4) of a conviction,
taking one of the following acti s with respect to an employee who is convicted of a drug abuse
violation occurring in the workplac
(i) Taking appropriate personnel \ction against such employee, up to and including termination;
or
(ii) Requiring such employee to par icipate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such urposes by a federal, state, or local health, law
enforcement, or other appropriate agency; an
(7) Making a good faith effort to maintain a d ,.g-free workplace program through implementation
of subparagraphs(1) through (6); and
5. Lobbying
The undersigned certifies to the best of his or her knowle. to and belief, that:
(1) No Federal appropriated funds have been paid, o ` will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to in ence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congrb s, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative, agreement, and the extension,
continuation, renewal, amendment, or modification of any Fede I contract, grant, loan, or
cooperative agreement.
Bid No. 13-14-026
Page 20
00400. PROPOSAL B O' FORM: (Page 5 of 14) -..
(2) If any funds other than Federal appropriated funds have been paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
This undersigned shall require that the language of this certification be included in the award
do\uments for "All" sub -awards at all tiers (including subcontracts, sub -grants, and contracts under
gra, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose
acco , nngly.
This cer'ti 'cation is a material representation of fact upon which reliance was placed when this
transactio was made or entered into. Submission of this certification is a pre -requisite for making or
entering into his transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to
file the requir certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 f each such failure.
* Note: each
these instances, "All" in the Final Rule is expected to be clarified to show that it
plies to covered contract/grant transactions over $100,000 (per QMB).
6. Debarment, Suspension nd Other Responsibility Matters
The Bidder certifies to the sst of its knowledge and belief, that it and its principals: •
a. Are not presently debar d, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from coon red transactions by any Federal department or agency.
b. Have not within a three -yearn Qriod preceding this proposal been convicted of or had a civil
judgment rendered against them"pr commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or erforming a public (Federal, State, or local) transaction or
contract under a public transaction; uglation of Federal or State antitrust statutes or falsification
or destruction of records, making false S tements, or receiving stolen property;
c. Are not presently indicted for or otherwis criminally or civily charged by a government entity
(Federal, State, or local) with commission o ny of the offenses enumerated in paragraph 1,b of
this certification; and
d. Have not within a three-year period preceding tli application/proposal had one or more public
transactions (Federal, State, or local) terminated fo'` ause or default.
Where the prospective Bidder is unable to certify to any of the tatements in this certification, such Bidder
shall submit an explanation to the City of Miami.
Bid No. 13-14-026
Page 21
• " '00400. PROPOSAL BID FORM: (Page 6 of 14) '
Attached is a Bid Bond [ 1, Cash [ 1, Money Order [ 1, Unconditional/Irrevocable Letter of Credit [ ],
Treasurer's Check [ ], Bank Draft [ 1, Cashier's Check [ 1, Bid Bond Voucher [ 1 or Certified Check [ ]
Bank of for the sum of
Dollars ($ ).
The ti der shall acknowledge this bid and certifies to the above stated in Part III and IV by signing and
completi gg the spaces provided below.
Firm's Name:
Signature:
Printed Name/Title.
City/State/Zip:
Telephone No.:
Facsimile No.: B-Mail Address:
Social Security
No. or Federal
I.D.No.:
If a partnership, names and addresses of
Dun and
Bradstreet No.:
tners:
(if applicable)
Bid No. 13-14-026
Page 22
00400. PROPOSALBID'FORM:-(Page'7'df 14)
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
, a corporation organized and existing under the laws of the State
of , held on the , _day of , a resolution was duly passed and adopted
authorizing (Name) as (Title) of the corporation to execute
'ds on behalf of the corporation and providing that his/her execution thereof, attested by the secretary of the
corporation, shall be the official act and deed of the corporation, I further certify that said resolution remains in
full ?bce and effect.
N WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
Secretary:
Print:
CERTIFICATE OI ,AUTHORITY
(IF PARTNERSHIP)
I HEREBS'` CERTIFY that at a meeting of the Board of Directors of
, a partnership organized and existing under the laws of the State
of , hId on the __day of , , a resolution was duly passed and adopted
authorizing (Name) as (Title) of the to execute bids on behalf of
the partnership and provides at his/her execution thereof, attested by a partner, shall be the official act and deed of
the partnership.
I further certify that said partnership` reement remains in full force and effect.
IN WITNESS WHEREOF, I ha\
hereunto set my hand this , day of , 20
Partner:
Print:
CERTIPI ATE OF AUTHORITY
(IF J INT VENTURE)
Joint venturers must submit a joint ventu agreement indicating that the person signing this bid is
authorized to sign bid documents on behalf of the joint nture. If there is no joint venture agreement each member
of the joint venture must sign the bid and submit the apopriate Certificate of Authority (corporate, partnership, or
individual).
CERTIFICATE OF AUTHORITY
(IF INDIVIDUAL.
I HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a)
(If Applicable) have ex uted and am bound by the terms of the bid
to which this attestation is attached.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
Signed:
Print:
Bid No. 13-14-026 Page
00400. PROPOSAL BID FORM: (Page '8 of''i41.
NOTARIZATION
) SS:
COUNY OF
Th foregoing instrument was acknowledged before me this day of , 20 , by
, who is personally known to me or who has produced
as identification and who (did / did not) take an oath.
SIGNATURE OF NOTARYUBLIC
STATE OF FLORIDA
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
Bid No. 13-14-026 Page24
00400. PROPOSAL BID FORM: (Page 9 of 14)
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#1. Dr. MLK Jr. Boulevard - N.W. 62 Street from N.W. 5th Place to N.W. 12th Avenue
1
Furnish all equipment, labor and material necessary for complete landscaping services/
including mowing, weeding, edging, trimming and pruning all trees, palms, ground ver
and grass areas inside the medians, blowing, mulching, fertilizing, herbicide sp ing,
insect spraying the entire area, removing Iitter and debris, cutting/trimming es and
palms on a 26 visit maintenance cycle as directed by the City Engine
$
1 visit 26 times a
year
$
2
Furnish all equipment, labor and material necessary for Weekly ' er pick up. Contractor
shall remove all debris (cups, paper trash, bags, bottles, etc. nd trash bags from the
area on the same day of pick up.
$
1 visit 52 times a
year
$
3
Furnish all equipment, labor and material necessary fo 6 visit watering cycles at this
location. Contractor shall supply water.
$
1 visit 26 times a
ear
$
#2. Embankments - The east and west embaa Cments of 1-95 ramps intersecting NM/.
62nd Street
4
Furnish all equipment, labor and materi ecessary for complete landscaping services
including mowing, weeding, edging, ' ming and pruning all trees, palms, ground cover
and grass areas inside the emba ents, mulching, fertilizing, herbicide spraying, insect
spraying the entire area, rem ng litter and debris, cutting/trimming trees and palms on a
26 visit maintenance c ,e as directed by the City Engineer.
$
1 visit 26 times a
year
$
5
Furnish all equipmen , abor and material necessary for Weekly litter pick up Contractor
shall remove all bris (cups, paper trash, bags, bottles, etc.) and trash bags from the
area on the same day of the pickup.
$
1 visit 52 times a
year
$
-
Furnish equipment, labor and material necessary for 26 visit watering cycles at this
locaf . Contractor shall supply water.
$
1 visit 26 times a
year
$
: Butterfly Gardens located east and west of 1-95 and N.W. 54th Street
7
Furnish all equipment, labor and material necessary for complete landscaping services
including mowing, weeding, edging, trimming and pruning all trees, palms, ground cover
and grass areas, red mulching, fertilizing, herbicide spraying, insect spraying the entire
area,. cutting/trimming the trees and palms, installing top soil on a 26 visit maintenance
cycle as directed by the City Engineer.
$
1 visit 26 times a
year
$
Bid No. 13-14-026
Page 25
00400. PROPOSAL BID FORM; (Page 10 of 14)
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52
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nc
a.,# ur!
er ea
IIuvq
times
year
,
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,
I
:�rI•:V�,. ,.1
lI1'� =
a
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N!...•k.,.tv,r'r,"v�r..tuY
an
�
r..:x.'�e,a.z,N1qof..
e en'
��.
$
8
Furnish all equipment, labor and material necessary for Weekly titter pick up. Contraa5r
shall remove all debris (cups, paper trash, bags, bottles, etc.) and trash bags from film
area on the same day of pick up.
$
9
Irrigation System: Inspection and testing of the irrigation system including the lectrical,
plumbing and mechanical components and preparation of a punch list of remmended
repairs 26 visits per year. Refer to Division 2C for additional informatioNOTE: At the
$
1,000 ft.
26 times a
year
$
option of the City, the replacement parts may be paid for from the Upscheduled Additive
Items or provided by the City.
ft4. 118 Traffic Circles (TC) and corresponding traffic isla s/areas and eleven (11)
triangular areas
;
10
Furnish all equipment, labor and material necessary for omplete landscaping services of
116 Traffic Circles (TC) with corresponding traffic isls ds/areas and 11 triangular areas
including mowing, weeding, blowing, trimming all -around cover and grass areas inside the
TC area, mulching, fertilizing, herbicide spray' ., insect spraying the entire area, removing
litter and debris, cutting/trimming trees andalms on a 26 visit maintenance cycle as
directed by the City Engineer. For the brick paver traffic circles and their corresponding
traffic islands/areas shall be weeded.,- eated with herbicide and insecticide and have litter
removed (weekly).
$
1 visit to 118
Traffic
Circles and
11 triangular
areas
26 times a
year
$
11
Furnish all equipment, labor nd material necessary for Weekly litter pick up and
Contractor shall remove at debris (cups, paper trash, bags, bottles, etc.) and trash bags
from the area, the sa eday of the pick up at the TC.
$
1 visit to 118
Traffic
Circles and
11 triangular
areas
52 times a
year
$
12
Furnish a quipment, labor and material necessary for 26 visit watering cycles at the
116 la soaped traffic circles and . Contractor must supply his/hers own water.
$
1 visit to 116
Traffic
Circles and
11 triangular
areas
26 times a
year
$
nscheduled Additive Items in Maintenance Contract (To be used as needed):
$
1,000 square
feet
1
$
:.
,437
Installation of 1,000 square ft. of solid sod St. Augustine "Floratam"— Refer to DIVISION
2B- SODDING on an "as needed" basis.
14
Installation of 100 cubic yard of top soil, 50/50 mix to be place at any of the locations on as
"as needed" basis.
$
100 cubic
yard
N/A
$
Bid No. 13-14-026
Page 26
00400. PROPOSAL BID FORM: (Page 11 of 14)
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15
Install 500 cubic yard of Eucalyptus Mulch Grade "A", at any location, including removal of the
existing mulching, on an "as needed" basis.
$
500 cubic
yards
N/A
$
16
Install 500 cubic yard of `Red" mulch, at any location, including removal of the existi mulching, on
an "as needed" basis.
$
500 cubic
yards
N/A
$
-
17
Furnishing all labor, material and equipment necessary for installing alm trees (6 ft of
grey wood and 4" dbh minimum) including watering and 2 years w- ranty on an "as
needed" basis.
$
5 Palms
removal and
installation
N/A
$
18
Furnishing all labor, material and equipment necessary fo nstalling 5 trees (4" dbh
minimum) including watering and 2 years warranty on as needed" basis.
$
5 Trees
removal and
installation
N/A
$
19
Furnishing all labor, materials and equipment n 'ssary for the planting of 1,000
shrub/plant (2-gal) including removal of dece - ed plant, planting a new one of same
species and size, watering, and mulchin or a one year period, along all locations under
this contract.
$
1,000 plants
removal and
installation
N/A
$
20
Furnishing all labor, materials and-e'quipment necessary for the planting of 1,000
shrub/plant (5-gal) including r- •oval of deceased plant, planting a new one of same
species and size, waterin , and mulching for a one year period, along all locations under
this contract.
$
1,000 plants
removal and
installation
N/A
$ -
21
SPECIAL P ISIONS = Contingency Allowance
6
$
1 tree grate
$15,000
1
$
22
Addi ' e Item 22: 4'x6' Tree Grate#M7222-2 Style STARBURST from IRONSMITH_
R - r to Attachment A.
Bid No. 13-14-026
Page 27
00400. PROPOSAL BID FORM: (Page 12 of 14)
as
gga'y SY' "e2-33Y%-�f` -4t'r -`
.� _,�� _�f'Sl"1'�.
E .'. 34'xf "ram+" rs -
_
tgrs.'t
Quantity
ftf
�
Gost
I iY ti-,a'
€ 00402 SC H k,DI E OIL SID X'RIC S P 'I
Lrnek3�
►moo
x �
_ 109. Page 4 0# �, ����
..--'
! D
Egy m GSM 10
.. ,e
<._....,a �r\
Uns heduled Additive Items: At the option of the City, the price below for the items
identA by the City Engineer may be added to the scope of work.
23
Agave or ntury Plant — 5 gal.
24
Midnight — Wi Wedelia, Wedelia trilobata — 2 gal.
Each
$
25
Mexican Petunia 2 gal.
Each
$
26
Red Mammey Croto 22 gal.
Each
$
27
Cuban Gold Duranta, DGk kanta erecta — 2 gal.
Each
$
28
Copper leaf, Acalypha wil liana — 2 gal.
Each
$
29
Dwarf Pinch Apple Plant — 5 i.
Each
$
30
Shrimp Plant, Justicla brandege a — 2 gal.
Each
$
31
Blueberry Flax Lily, Dlanella tasrnani 2 gal.
Each
$
32
Wild Coffee, Psychotria nervosa — 2 gal: .
Each
$
33
Croton, Codlaeum variegatum -- 2 gal.
Each
$
34
Dwarf Bouganvillea — 5 gal
Each
$
35
African Queen Lilly — 5 gal.
Each
$
36
Limelight Hydrangea Shrub, Hydrangea panlculata ` ,5 gal.
Each
$
37
Philodendron- Xanadu — 5 gal.
Each
$
33
Pink Goldmound Spiraea — 5 gal.
Each
$
34
Arboricola Trinette, Dwarf Schefflera — 2 gal.
Each
$
35
Cocoplum shrub — 2 gal.
Each
$
36
Red Sister Cardyline, Cordyline Fruticosa — 2 gal.
Each
$
37
Grand Crinum Lily — 5 gal.
Each
$
38
Pink Tabebuia Tree - 4" dbh minimum, 14 ft oa min.
Each
$
39
Monstera dellciosa — 5 gal.
Each
$
40
Mexican Washingtonian Palm, Washingtonia robusta - 4" dbh minimum, 14 ft. min.
Each
$
41
Fire Bush, Hamelia patens — 5 gal.
Each
$
42
Green island Ficus, Ficus Macrocarpa — 2 gal.
Each
$
43
Beach Creeper, Coughbush, Ernodea littoral's — 2 gal.
Each
$
Bid No. 13-14-026
00400. PROPOSAL BID FORM: (Page 13 of 14)
44
Dwarf Natal Plum, Carissa macrocarpa (EckIon) — 2 gal.
Each
$
45
Pigmy date palm, Phoenix roebelenfi — 4" dbh minimum, 6ft. grey wood min.
Each
$
4
Bismarck Palm, Bismarckia nobilis— 4" dbh minimum, 6 ft. grey wood min.
Each
$
47
Alexander palms, Archontophoenix alexandre— 4" dbh minimum, 6ft. grey wood min.
Each
$
48
fiver Button Tree, Conocarpus erectus — 4" dbh minimum, 12 ft oa min.
Each
$
49
Fo i ail Palms, Wodyetia bifurcate - 4" dbh minimum, 6ft. grey wood min.
Each
$
50
Chris e as Palm, Adonidia merrillii - 4" dbh minimum, 6ft. grey wood min.
Each
$
51
Florida atch palm, Thrinax radiate - 4" dbh minimum, 6ft. grey wood min.
Each
$
52
Royal Palm,,Roystonea elate - 4" dbh minimum, 6ft. grey wood min.
Each
$
53
Japanese FerTree, Filicium decipiens - 4" dbh minimum, 14 ft oa min.
Each
$
54
Draft Blue paimet�
Sq. Ft.
$
55
Perennial Peanuts, A'r chis glabrata
Sq. Ft.
$
56
One (1) new Ambient 'ght Solar powered controller
1
$
57
One (1) new Solar contr ker. Model LEIT-2 X-CWB with rain sensor
1
$
58
One (1) new Solar controller Model LEIT-6 X-CWB with rain sensor
59
One (1) Solatrol mounting co ` n (838.2 mm)
1
$
60
One (1) new 12" pop up spray h-ad
1
$
61
One (1) new 1/2 " GAL. bubbler
1
$
62
One (1) new remote control gate valy: -1 1/2"
1
$
63
One (1) new remote control gate valve - "
1
$
64
One (1) gate valve per construction plans ` ection C
1
$
65
20 ft. of class 200 PVC or heavier Schedule 1' PVC pipe with fittings — 2"
diameter
20 ft.
$
66
20 ft of class 200 PVC or heavier Schedule 40 P pipe with fittings— 3"
diameter
20 ft
$
67
One (1) new 6" pop up spray head with pressure regul for and check valve w/8Q
nozzle
1
$
68
One (1) new 6" pop up spray head with pressure regulator nd check valve w/8T
nozzle
1
$
69
One (1) new 6" pop up spray head with pressure regulator and heck valve w/8H
nozzle
1
$
70
One (1) new 6" pop up spray head with pressure regulator and the valve
w/10Q nozzle
1
$
71
One (1) new 6" pop up spray head with pressure regulator and check vale
w/10T nozzle
1
$
72
One (1) new 6" pop up spray head with pressure regulator and check valve
w/10H nozzle
1
$
73
One (1) new 6" pop up spray head with pressure regulator and check valve
w/10F nozzle
1
$
74
One (1) new 6" pop up spray head with pressure regulator and check valve
w/12Q nozzle
1
$
75
One (1) new 6" pop up spray head with pressure regulator and check valve
1
$
Unscheduled Additive items: At the option of the City, the price below for the items identified by the City Engineer maadded
to the appropriate Base Bid item for determining the total cost of a Work Order and no additional compensation will be allowed.
Bid No. 13-14-026
Page 29
0400. PROPOSAL BID FORM: (Pacie 14 of 14
SUB -CONTRACTORS
Contractor hall identify below all Sub -Contractors. Categories shall be added as necessary. If no
Subcontracto,q are to be used, insert the word "Self" in the spaces under "Name of Subcontractor", The
work performe by all subcontractors listed below cannot be more than 10% of the total work for this
contract.
SUBCONTRACTOR'S
COUNTY -MUNICIPAL
OCCUPATIONAL
TYPE OF WORK UB-CONTRACTORS LICENSE NUMBER
1. Landscaping
2, Irrigation
3.
4.
5.
6.
7.
NAME OF
Bid No. 13-14-026 Page 30
00410. BID BOND FORM (Page 1 of 3)
Stat of Florida )
County\of Dade) SS
City of IVl'.mi )
KNO ti N ALL PERSONS BY THESE PRESENTS, that as Principal,
as Surety, are held and firmly bound unto The City
of Miami, in the penal m of Dollars ($ ) lawful money of the United States, for the
a ment of which sum II and trulyto be made,we bind ourselves,our heirs, executors,administrators and
payment
successors, jointly and several firmly by these presents.
THE CONDITION OF THI OBLIGATION IS SUCH, that whereas the Principal has submitted the
accompanying bid, dated , 20 , for:
Dr. MLK Jr. Boulevard a e d Traffic Circles Maintenance Contract, M-0109
id No. 13-14-026
NOW THEREFORE:
(a) If the principal shall not withdraw said bid withi . ninety (90) days after date of opening the same, and shall
within ten (10) days after the prescribed forms are •resented to him for signature, enter into a written contract
with the City, in accordance with the bid as acce'ted, and give bond with good and sufficient Surety or
Sureties, as may be required, for the faithful performarita and proper fulfillment of such contract; or,
(b) In the event if the withdrawal of said bid within the perio specified, or the failure to enter into such contract
and give such bond within the time specified, if the princi I shall pay the City the difference between the
amount specified in said bid and the amount for which the Cittmay procure the required work and supplies, if
the latter amount be in excess of the former, then the above obliation shall be void and of no effect, otherwise
to remain in full force and virtue.
Bid No. 13-14-026 Page 31
'Q41 0. BID BOND FORM (Page 2 of 3)
IN WITNESS WHEREOF, the above bound parties have executed this instrument under
their s eral seals, this day of , A. D., 2006,
the nam and corporate seal of each party being hereto affixed and these presents duly
signed by undersigned representative, pursuant to authority of its governing body.
WITNESS: (If S le Ownership,
Partnership, or Ji t Venture,
two (2) Witnesses are required.
If Corporation, Secret ry
only will attest and affix eal.)
PRINCIPAL:
(Name of Firm)
Affix
Seal
(Signature of authorized officer)
(Title)
(Business Address)
City
Zip
State
Surety:
(Corporate Surety)
Affix
Seal
Surety Secretary (Sign ure of Authorized Officer)
(Title)
(BusinesAddress)
City State
Zip
(Name of Local Insurance Agency)
Address
Telephone Number
Bid No. 13-14-026
Page 32
0 10. BID BOND FORM (Page 3 of 3)
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, certify that I am the Secretary of the Corporation
named as Pr gcipal in the within bond; that of said corporation; that I know
his signature, a d the signature hereto is genuine; and that said bond was duly signed, sealed and attested for and in
behalf of said co ooration by authority of its governing body.
STATE OF FLORIDA )
COUNTY OF DADE
City OF MIAMI
SS
(Corporate Seal)
Before me, a N ary Public duly commissioned, and qualified, personally
appeared to me well known, who being by me first duly sworn upon oath, says
that he/she is the attorney -in -fact, for th _ and that he/she has been authorized by
to execute th'- foregoing bond on behalf of the Contractor named therein in favor of The
City of Miami, Florida.
Subscribed and sworn to before me this
INSTRUCTIONS: Bid Bonds
must be accompanied by
a Power of Attorney, in
compliance with
Instructions to Bidders
day of A. D., 20®.
Notary Pu lic, State of Florida at Large
My Co mission Expires:
Bid No. 13-14-026 Page 33
00500. SUPPLEMENT TO BID FORM:
QUESTIONNAIRE
THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID, HOWEVER, SUBMISSION OF
THE FORM OR ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS
DETERMINED IN THE SOLE DISCRETION OF THE CITY, MAY BE SUBMITTED WITHIN SEVEN (7)
ALENDAR DAYS OF THE CITY'S REQUEST. FAILURE TO SUBMIT THE FORM OR ADDITIONAL
I FORMATION UPON REQUEST BY THE CITY SHALL RESULT IN THE REJECTION OF THE BID AS
NO"N, RESPONSIVE.
The undersigned thorized representative of the Bidder certifies the truth and accuracy of all statements and the
answers contained (herein.
1.
How many year has your organization been in business while possessing one of the licenses, certifications,
or registrations?
License/Certification/ -gistration Name and Number # Years
1A. What business are you in `..
2. What is the last project of this natu - that you have completed?
3. Have you ever failed to complete any work a `.rded to you? If so, where and why?
4. Give owner names, addresses and telephone numbe
which you have performed work, where your Surety h intervened to assist in completion of the project,
whether or not a claim was made.
and Surety and project names, for all projects for
5. Give names, addresses and telephone numbers of three individuals, corporations, agencies, or institutions for
which you have performed work:
(name)
(address) (phone #)
(name)
(address) (phone #)
(name)
(address) (phone #)
Bid No, 13-14-026
Page 34
List the following information concerning all contracts in progress as of the date of submission of this bid. (In
case of co -venture, list the information for all co -venturers.)
TOTAL DATE OF % OF
&ME OF OWNER & CONTRACT COMPLETION COMPLETION
PRO ECT PHONE # VALUE PER CONTRACT TO DATE
(Coin inue list on insert sheet, if necessary.)
7. Has a representative of the B dder completely inspected the proposed project and does the Bidder have a
complete plan for its performance?
Yes
No
8. Will you subcontract any part of this ark? If so, provide the following details for each subcontractor(s) that
will perform work in excess of ten perce (10%) of the contract amount. (Attach additional sheets if necessary)
Subcontractor Approx. M \BE Description of Work
Name Percentage Stet)
The foregoing list of Subcontractor(s) may not be arnende• .fter award of the Contract without the prior written
approval of the Contract Administrator, whose approval shall got be unreasonably withheld.
9. What equipment do you own that is available for the Work?
10. What equipment will you purchase for the proposed Work?
11. What equipment will you rent for the proposed Work?
Bid No. 13-14-026
Page 35
12. Sta the name of your proposed project manager and superintendent and give details of his or her
qualifi ations and experience in managing similar work.
13. State the true, exact, correct and complete name of the partnership, corporation or trade name under which
you do business and the acidress of the place of business. (If a corporation, state the name of the president
and secretary. If a partner ip, state the names of all partners. If a trade name, state the names of the
individuals who do business under the trade name).
13,1 The correct name of th
idder is
13.2 The business is a (Sole Proprietorship) (Partnership) (Corporation).
13.3 The address of principal place of siness is
13.4 The names of the corporate officers, ortners, or individuals doing business under a trade name,
are as follows: \
Bid No. 13-14-026 Page 36
13.5 List all organizations which were predecessors to Bidder or in which the principals or officers of the
Bidder were principals or officers.
13.6. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or
against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5)
ears. Include in the description the disposition of each such petition.
13.7. List and desc'i, e all successful Performance or Payment Bond claims made to your surety(ies)
during the last fi (5) years. The list and descriptions should include claims against the bond of the
Bidder and its pre d cessor organization(s).
13.8 List all claims, arbitrations, mediations, ivil actions, administrative hearings and lawsuits brought by
or against the Bidder or its predecessor ganization(s) during the last five (5) years. The list shall
include all case names; case, arbitration o hearing identification numbers; the name of the project
over which the dispute arose; a .descriptio of the subject matter of the dispute; and the final
outcome of the claim.
13.9. List and describe all criminal proceedings or hearings concerning b siness related offenses in which
the Bidder, its principals or officers or predecessor organization(s) we - defendants.
13.10. Has the Bidder, its principals, officers or predecessor organization(s) been debarred or s, spended
from bidding by any government during the last five (5) years? If yes, provide details.
Bid No. 13-14-026 Page 37
13.11 Under what conditions does the Bidder request Change Orders?
13.12. What is the nnature and amount of the three largest change orders submitted by the bidder within the
past five years and their disposition?
Bid No. 13-14-026 Page 38
502. SUPPLEMENT TO BID FORM:
CUSTOMER REFERENCE LISTING (Page 1 of 2)
Contractorssk shall furnish the names, addresses, and telephone numbers of a minimum of five (5) firms or government
organizations for which the Contractor has provided services for projects of similar size, scope and complexity over a
three (3) year)oeriod.
1) Company Name
ddress
Con et Person/Contract Amount
Telepho - No. /Fax No.
2) Company Nam
Address
Contact Person/Contrac mount
Telephone No. /Fax No.
3) Company Name
Address
Contact Person/Contract Amount
Telephone No. /Fax No.
4) Company Name
Address
Contact Person/Contract Amount
Telephone No. /Fax No.
Bid No. 13-14-026
Page 39
�3A502. SUPPLEMENT TO BID FORM:
CUSTOMER REFERENCE LISTING (Page 2 of 2)
Company Name
Address
Contact Person/Contract Amount
Telephone No. /Fax No.
6) mpany Name
Add ss
Contac arson/Contract Amount
Telephone o. /Fax No.
7) Company Name
Address
Contact Person/Contrac Y mount
Telephone No. /Fax No.
8) Company Name
Address
Contact Person/Contract Amount
Telephone No. IFax No.
Bid No. 13-14-026 Page 40
\I ' 00510. OFFICE LOCATION AFFIDAVIT (Page 1 of 2)
Pkse type or print clearly. This Affidavit must be completed in full, signed and notarized ONLY IF YOU
MAI AIN AN OFFICE WITHIN THE CORPORATE LIMITS OF THE CITY OF MIAMI.
Legal Nam of Firm:
Entity Type: heck One) Partnership Sole Proprietorship Corporation
Corporation Docu ent No:
Occupational License
PRESENT
Street Address:
City:
Date Established
Date of Issuance
TiriPoRatelatira ISSTOMMATMArtfitt-
s tat
How long at this location:
PREVIOUS
Street Address:
City:
State
According to Section 18-85 of the City of Miami \ ,de, as amended:
How long at this location:
,mft7M113
"...if the amount of a bid submitted by a b der who maintains a local office is not more
than ten percent in excess of the lowest other responsive and responsible bidder, such
local bidder may be offered the opportunity if accepting the contract at the low bid
amount."
The intention of this section is to benefit local bona fide bidder proposers to promote economic development
within the corporate limits of the City of Miami.
I (we) certify, under penalty of perjury, that the office location of our i(m has not been established with the sole
purpose of obtaining the advantage granted bona fide local bidders/proposa s by this section. 00510.
Bid No. 13-14-026
Page 41
OFFICE LOCATION AFFIDAVIT (Page 2 of 2)
Authorize Signature
Print Name
(Corporate Sea Title
Authorized Sinature
Authorized Signature
Print Name
Title
Authorized Signature
(Must be signed by the co1Q orate secretary of a Corporation or one general partner of a partnership or the proprietor
of a sole proprietorship or all)9artners of a joint venture.)
NOTARIZATION
STATE OF FLORIDA, COUNTY OF MEAMI-DADE
That:
acknowledged the foregoing instrument as his/N r act and deed.
PU
personally appeared before me and
That he/she has produced as identification.
NOTARYIC:
My Commission E Aires:
Please submit with your bid copies of Occupational Licen e, professional and/or trade License to verify local
status. The City of Miami also reserves the right to request copy of the corporate charter, corporate income
tax filing return and any other documents(s) to verify the locat . n of the firm's office.
BId No. 13-14-026
Page 42
CONTRACT
By and Between
CITY OF MIAMI
And
(Bidder)
This AGREEME cl (hereinafter "Agreement") , is made and entered into this _ day of
2014, but effe tive beginning ten (10) days after Notice to Proceed is issued by the
Department's Director, in ac ordance with the Contract Term set forth below in Article 7 (the "Effective
Date"), by and between the Ci of Miami, Florida, a municipal corporation of the State of Florida, whose
principal address is 444 S.W. 2nd Avenue, 10th Floor, Miami, Florida 33130 (the "City"), and
, whose p ncipal address is , (the "Contractor").
WITNESSETH:
WHEREAS, pursuant to Resolution No. , adopted by the Miami City Commission on
, 2011, the City Commissio accepted the competitive bid of to
provide landscaping and irrigation maintenance ‘at City (the "Work"), and authorized the City Manager to
enter into an agreement for the Work with the Co , ractor for a period of one (1) year, (365 calendar days),
with up to four (4) additional one (1) year optiok to renew the term. The City Commission further
authorized the City Manager or his Designee to execute said options to renew subject to the availability of
funding and Contractor's performance.
NOW, THEREFORE, in consideration of the fore ing recitals (ail of which are adopted as an
integral part of this Agreement), and the promises and coviants contained herein, and other good and
valuable consideration, the receipt of which are hereby acknowledged, the parties hereto mutually agree as
follows:
ARTICLE 1. SCOPE OF WORK: The Contractor shall furnish allbor, materials and equipment and
perform all the work in the manner and form provided by this Agree ent and the Contract Documents,
attached hereto and made part hereof, for complete storm sewer mainter� nce SOUTH of Flagler Street to
city limits, for the Contract Term set forth in Article 7 below and for the proje6 entitled:
Dr. MLK Jr. BOULEVARD AND TRAFFIC CIRCLES MAINTENANCE ONTRACT, M-0109.
ARTICLE 2. THE CONTRACT SUM: The City shall pay to the Contractor, fort faithful performance of
the Contract, in lawful money of the United States, and subject to additions and de uctions and based on
unit prices (where applicable), all as provided in the Proposal attached hereto'snd other Contract
Documents attached hereto as Exhibit "C", the annual sum of
The City Manager or his Designee, at their discretion, may exercise four (4) additional one year options
to renew and the funding shall be as follows:
Bid No. 13-14-026 Page 43
The first option to renew in the annual amount of during Fiscal Year
`fhe second option to renew in the annual amount of during Fiscal Year
Tha third option to renew in the annual amount of during Fiscal Year
The urth and final option to renew in the annual amount of during Fiscal Year
ARTICL PARTIAL AND FINAL PAYMENTS: In accordance with the provisions fully set forth in the
"General Cnditions" of the "Specifications" in the Proposal attached hereto, and subject to additions and
deductions a •rovided, the City shall pay the Contractor as follows:
(a) 0 ` or before the 10th day of each calendar month, the City shall make partial payments to
the Contractor on e basis of the estimate of work performed by the Contractor during the preceding
calendar month, duly ertified and approved by the City's Project Manager.
(b) Upon subm'ssion by the Contractor of evidence satisfactory to the City that all payrolls,
material bills and other cost incurred by the Contractor in connection with the construction of the work have
been paid in full, and also, fter all guarantees that may be required in the Specifications or by the
Contractor have been furnishe and are found acceptable by the City, final payment on account of this
Agreement shall be made within 'xty (60) days after completion by the Contractor of all work covered by
this Agreement and acceptance of s ®ch work by the City.
ARTICLE 4. TIME OF COMPLEI IQN: The Contractor shall commence the work to be
performed under this Agreement and the Coktract Documents within the number of consecutive days after
the date of written notice from the Director of th Department of Public Works to begin work as noted in the
Proposal, and shall fully complete the Contract cope of Work in accordance with this Agreement and the
Contract Documents within the number of calenda ays as set forth in the Proposal.
It is mutually agreed between the parties hereto, that 1me is of the essence of this Agreement, and, in the
event that construction of the work is not completed whin the time herein specified, it is agreed that from
the compensation otherwise to be paid to the Contractor, the City may retain for each day thereafter,
Sundays and holidays included, that the work remains u completed, the sum set forth in the General
Conditions of the Specifications, as modified by Division 2 - pecial Provisions, which sum represents the
actual damage(s) which the City of Miami, Florida, will have sus ined per day by failure of the Contractor to
complete the work within the time stipulated, and this sum is Qot a penalty, but will be the liquidated
damage(s) that City will have sustained in event of such default by f e Contractor.
ARTICLE 5. ADDITIONAL BOND: It is further mutually agreed
at any time after the execution of this Agreement and the Performa
incorporated herein as Attachment "A", when required for its faithful perform
surety or sureties upon such bond to be unsatisfactory, or if, for any reason, in
such bond ceases to be adequate to cover the performance of the work, th
expense, within five (5) days after receipt of notice from the Engineer so to do, furni
bonds in such form and amount, and with such surety or sureties as shall be satis
such event, no further payment to the Contractor shall be deemed to be due under
such new or additional security for the faithful performance of the work shall be furnish
form satisfactory to the City.
etween the parties hereto, that if,
e Bond hereto attached and
nce, the City shall deem the
e opinion of the Engineer;
Contractor shall, at his
h an additional bond or
ctory to the City. In
is Agreement until
d in manner and
ARTICLE 6. CONTRACT DOCUMENTS: All of the documents hereinafter listed form th = Contract
and they are as fully as part of the Contract as if attached to this Agreement, or repeated in this Agreent:
Bid No. 13-14-026
Page 44
ADVERTISEMENT FOR BIDS
PROPOSAL
BID BOND
CONTRACT
PAYMENT AND PERFORMANCE BOND
MAINTENANCE PERFORMANCE BOND
INSTRUCTIONS TO BIDDERS
SPECIFICATIONS
ADDENDA
ANS: N/A
As prepared by C. Diaz -Torres
Entitled: M-0109
ARTICLE 7. THE CONTRA T TERM: The original Contract Term is one (1) year (365 calendar days)
effective ten days after Notice t. roceed is issued by the Department's Director. The City has up to four (4)
options to renew the term of the ntract, each for a period of one (1) year, subject to availability of funds
and Contractor's performance.
ARTICLE 8. CONTINGENCY CLAME: Funding for this Agreement is contingent on the availability of
funds and continued authorization for pro ct activities and is subject to amendment or termination due to
lack of funds, reduction of funds, and/or cha e in regulations, upon thirty (30) days written notice.
ARTICLE 9. NOTICES: Whenever either p'y desires to give notice to the other, such notice must be
in writing, sent by certified United States Mail, O'citstage prepaid, return receipt requested, or by hand -
delivery with a request for a written receipt of acknoOiedgment of delivery, addressed to the party for whom
it is intended at the place last specified. The place r giving notice shall remain the same as set forth
herein until changed in writing in the manner provided in is section. For the present, the parties designate
the following:
For City:
Eduardo Santamaria, P.E., CGC
City of Miami
Director of Public Works
444 SW 2nd Avenue, 8t" Floor
Miami, FL 33130
With copies to:
Calitza Diaz -Torres, Contract Manager
City of Miami
Department of Public Works
444 SW 2nd Avenue, 8t" Floor
Miami, Florida 33130
For Contractor:
Bid No. 13-14-026
Page 45
ARTICLE 10. MATERIALITY AND WAIVER OF BREACH:
City and Contractor agree that each requirement, duty, and obligation set forth in these Contract
Documents is substantial and important to the formation of this Contract and, therefore, is a material
term hereof.
(b) C1t,X's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision
or dification of this Contract. A waiver of any breach of a provision of this Contract shall not be
deem d a waiver of any subsequent breach and shall not be construed to be a modification of the
terms o this Contract.
ARTICLE 11. S/ERANCE: In the event a portion of this Contract is found by a court of competent
jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor
elects to terminate this ontract. An election to terminate this Contract based upon this provision shall be
made within seven (7) da ,s after the finding by the court becomes final.
ARTICLE 12. APPLICABLE LAW AND VENUE:
This Contract shall be enforceabI in Miami -Dade County, Florida, and if legal action is necessary by either
party with respect to the enforcem nt of any or all of the terms or conditions herein exclusive venue for the
enforcement of same shall lie in Mia i-Dade County, Florida. By entering into this Contract, Contractor and
City hereby expressly waive any ri hts either party may have to a trial by jury or to file permissive
counterclaims in any civil litigation relat d to, or arising out of the Project. Contractor shall specifically bind
all subcontractors to the provisions of this ontract. Each party shall bear their own attorney's fees.
ARTICLE 13. AMENDMENTS:
No modification, amendment, or alteration in th\terms or conditions contained herein shall be effective
-unless crsntairred in a written —document prepared ith the same or similar formality as this Contract and
executed by the City Manager and Contractor.
ARTICLE 14. PRIOR AGREEMENTS:
This document incorporates and includes all prior gotiations, correspondence, conversations,
agreements, and understandings applicable to the matters con ined herein and the parties agree that there
are no commitments., agreements or understandings concerning he subject matter of this Contract that are
not contained in this document. Accordingly, the parties agree tha \\no deviation from the terms hereof shall
be predicated upon any prior representations or agreements, wheth r oral or written. It is further agreed
that no modification, amendment or alteration in the terms or condition contained herein shall be effective
unless set forth in writing in accordance with Article 13 above.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on eke day and year first above
written in five (5) counterparts, each of which shall, without proof or accounting fo* the other counterparts,
be deemed an original contract*.
"BECAUSE CONTRACTOR IS A CORPORATION, THERE SHALL BE AT.l'ACHED TO EACH COUNTE'' ART AS
ATTACHMENT "B" A CERTIFIED COPY OF A RESOLUTION OF THE BOARD OF DIRECI`ORS f' THE
CORPORATION, AUTHORIZING THE OFFICER WHO SIGNS THE CONTRACT TO DO SO ON ITS BEHALF.
Bid No. 13-14-026
Page 46
WITNESS: (If Corporation, CONTRACTOR:
ttach Seal and Attest by Secretary)
BY:
Print Name:
Corporate Secret y
(SEAL)
Party of the second part
BY:
Print Name :
Print Title:
(Employer Tax I.D. Number)
THE CITY OF MIAMI, FLORIDA,
a municipal corporation,
Party of the first part
ATTEST: BY:
City Clerk City Manager
RESOLUTION NO.
BId No. 13-14-026
Page 47
APPROVE` AS TO
ENGINEERI G:
APPROVED AS TO INSURANCE
REQUIREMENTS:
Director, Public Works Director, Risk Management
APPROVED AS TO FORM AND
CORRECTNESS
City Attorney
Bid No. 13-14-026 Page 48
00710. FORM OF PERFORMANCE BOND (Page 1of 3)
BY THIS BOND, We , as Principal, hereinafter called
Contractor, and as Surety
, are bound to the City of Miami, Florida, as Obligee,
here' fter called City, in the amount of Dollars ($ ) for the payment
whereof ontractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and several
WHER S, Contractor has by written agreement entered into a Contract, Bid/Contract No: 13-14-026,
awarded the
incorporated herein did made a part hereof, and specifically include provision for liquidated damages, and other
damages identified, and`for the purposes of this Bond are hereafter referred to as the "Contract";
day of , 20 , with City which Contract Documents are by reference
THE CONDITION OF THIS B
ND is that if Contractor:
1. Performs the C� tract between Contractor and City for construction of
, the Contract being made a part of this Bond by
reference, at the times and i �e manner prescribed in the Contract; and
2. Pays City all losses, liquidated dmages, expenses, costs and attorney's fees including appellate proceedings,
that City sustains as a result of def ult by Contractor under the Contract; and
3. Performs the guarantee of all Work nd materials furnished under the Contract for the time specified in the
Contract; then THIS BOND IS VOID, HERWISE IT REMAINS IN FULL FORCE AND EFFECT.
4. Whenever Contractor shall be, and declar d by City to be, in default under the Contract, City having performed
City obligations thereunder, the Surety may promptly remedy the default, or shall promptly:
4.1. Complete the Project in accordance ith the terms and conditions of the Contract Documents; or
Bid No. 13-14-026 Page 49
00710. FORM OF PERFORMANCE BOND (Page 2 of 3)
4.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the
Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City
elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a
contract between such Bidder and City, and make available as work progresses (even though there
should be a default or a succession of defaults under the Contract or Contracts of completion
arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the
Contract Price; but not exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the
Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor
der the Contract and any amendments thereto, less the amount properly paid by City to
Co tractor.
No right of acti•r shall accrue on this bond to or for the use of any person or corporation other than City
named herein.
The Surety hereby v9 ives notice of and agrees that any changes in or under the Contract Documents and
compliance or noncom' ance with any formalities connected with the Contract or the changes does not affect
Surety's obligation under t3. is Bond.
Signed and sealed this
day of , 20
Bid No. 13-14-026
Page 50
00710. FORM OF PERFORMANCE BOND (Page 3of 3)
WIT ESSES:
Sec -tary By:
(CORPORATE AL)
(Name of Corporation)
(Signature)
(Print Name and Title)
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney -in -Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
Bid No. 13-14-026
Page 51
00720. FORM OF PAYMENT BOND (Page 1of 3)
BY THIS BOND, We , as Principal, hereinafter called
Cont ctor, and , as Surety, are bound to the City of Miami, Florida, as Obligee,
hereina t r called City, in the amount of Dollars ($ ) for the
payment Niereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally.
WHERE S, Contractor has by written agreement entered into a Contract, Bid/Contract No. 13-14-026,
awarded the day of , 20 , with City which Contract Documents are by reference
incorporated herein a ymade a part hereof, and specifically include provision for liquidated damages, and other
damages identified, and f rethe purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BODiis that if Contractor:
1. Pays City all losses, liquid toed damages, expenses, costs and attorney's fees including appellate proceedings,
that City sustains because oNeefault by Contractor under the Contract; and
2. Promptly makes payments to all laimants as defined by Florida Statute 255.05(1) for all labor, materials and
supplies used directly or indirectly I Contractor in the performance of the Contract;
THEN CONTRACTOR'S OBLIGATION,SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE
AND EFFECT SUBJECT, HOWEVER, 1 Q THE FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who 's not in privity with Contractor and who has not received payment
for its labor, materials, or supplies all, within forty-five (45) days after beginning to furnish labor,
materials, or supplies for the prosecuti o. of the work, furnish to Contractor a notice that he intends to
look to the bond for protection.
2.2. A claimant who is not in privity with Contra tor and who has not received payment for its labor,
materials, or supplies shall, within ninety
Bid No. 13-14-026
Page 52
00720. FORM OF PAYMENT BOND (Page 2 of 3)
(90) days after performance of the labor or after complete delivery of the materials or supplies,
deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of
the materials or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety
unless the notices stated under the preceding conditions (2.1) and (2.2) have been given.
2.4. y action under this Bond must be instituted in accordance with the longer of the applicable Notice
an Time Limitations provisions prescribed in Section 255.05(2), or Section 95,11,Florida Statutes.
The Surety her by waives notice of and agrees that any changes in or under the Contract Documents and
compliance or no ompliance with any formalities connected with the Contract or the changes does not affect
the Surety's obligat o,n under this Bond.
Signed and sealed this day of , 20
ATTEST:
(Secretary)
(Corporate Seal)
Contractor
(Name of Corporation)
(Signature)
(Print Name and Title)
day of
, 20
Bid No. 13-14-026
Page 53
0 720. FORM OF PAYMENT BOND (Page 3 of 3)
IN TH PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney -in -Fact
Address:
(Street)
(City/State/Zip Code)
• Telephone No.:
Bid No. 13-14-026
Page 54
N1721. CERTIFICATE AS TO CORPORATE PRINCIPAL
, certify that I am the Secretary of the corporation named
as Principin the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that
who signed the Bond(s) on behalf of the Principal, was then of
said corporation, that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was
(were) duly signed, ealed and attested to on behalf of said corporation by authority of its governing body.
Secretary (an beh..f of)
Corporation
STATE OF FLORIDA
SS
(SEAL)
COUNTY OF MIAMI-DADE )
Before me, a Notary
Pubi duly commissioned, qualified and acting personally, appeared
\\\sto me well known, who being by me first duly sworn upon oath says
that he/she has been authorized to execute t foregoing Performance and Payment Bond (Performance Bond and
Payment Bond) on behalf of Contractor named threin in favor of City.
Subscribed and Sworn to before me this
My commission expires;
ay of , 20
Nota Public, State of Florida at Large
Bonded
Bid No. 13-14-026
Page 55
00735. PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 1 of 2)
Date of Issue
Issuing Bank's No.
Beneficiary: Applicant:
City of Miami
444 SW 2nd Avenue
Miami, Florida 33130
Amount:
in United States Funds
Expiry:
(Date)
Bid/Contract Number
We hereby authorize you o draw on
of and for the account of
(Bank, issuer name)
by order
(branch . dress)
ontractor, applicant, customer)
up to an aggregate amount, in United States unds, of available by your drafts at sight,
accompanied by:
1. A signed statement from the City Manager c his authorized designee, that the drawing is due to default in
performance of certain obligations on the 0 t of (contractor, applicant, customer)
agreed upon by and between the City of Mia i, Florida and -(contractor, applicant,
customer), pursuant to Bid/Contract No. for (name of project) and Section 255.05,
Florida Statutes.
Drafts must be drawn and negotiated not later than
(expiration date)
Bid No. 13-14-026
Page 56
0073'5. PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 2 of 2)
Drafts mud bear the clause: "Drawn under Letter of Credit No. (Number), of
(Bank name) dated
This Letter of Crblit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami
with written noticegQf our intent to terminate the credit herein extended, which notice must be provided at least thirty
(30) days prior to th\expiration date of the original term hereof or any renewed one (1) year term. Notification to the
City that this Letter of edit will expire prior to performance of the Contractor's obligations will be deemed a default.
This Letter of Credit set forth in full the terms of our undertaking, and such undertaking shall not in any way be
modified, or amplified by r erence to any documents, instrument, or agreement referred to herein or to which this
Letter of Credit is referred or his Letter of Credit relates, and any such reference shall not be deemed to incorporate
herein by reference any docum nt, instrument, or agreement.
We hereby agree with the drawer endorsers, and bona fide holders of all drafts drawn under and in compliance with
the terms of this credit that such drat will be duly honored upon presentation to the drawee.
Obligations under this Letter of Credi hall be released one (1) year after the Final Completion of the Project by the
(contract , applicant, customer)
sto
This Credit is subject to the "Uniform Cu s and Practice for Documentary Credits," International Chamber of
Commerce (1993 revision), Publication No. 500 nd to the provisions of Florida law. If a conflict between the Uniform
Customs and Practice for Documentary Credits= d Florida law should arise, Florida law shall prevail. If a conflict
between the law of another state or country and Flo?!.a law should arise, Florida law shall prevail.
Authorized Signature
Bid No. 13-14-026 Page.57
00800. GENERAL CONDITIONS:
1. Contract Documents;
1.1. The formal solicitation, Bidder's Response, any addenda issued, the Contract Documents, and all
subsequent work order and purchase orders shall constitute the entire Contract, unless modified in
accordance with any ensuing Contract, Amendment or Addenda.
1.2so The Contract Documents, along with all documents that make up and constitute the Contract, shall be
followed in strict accordance as to Work, performance, material except when the City may authorize, in
writing, an exception.
1.3. contractor shall not proceed with any Work when In doubt as to the Work, and shall seek clarification
froiR Project Manager,
2. Intention of itv:
It is the intentCity to describe in the Contract Documents a functionally complete Scope of Work to be
performed in acc rdance with the Contract Documents and in accordance with all codes and regulations
governing the Wor Any Work, materials or equipment that may reasonably be inferred from the Contract
Documents as being equired to produce the intended result shall be supplied by Contractor whether or not
specifically stated. W n words, which have a well-known technical or trade meaning are used to describe
work, materials or equip, ent, such words shall be interpreted in accordance with that meaning. City shall
have no duties other than those duties and obligations expressly set forth within the Contract Documents.
Please refer to the Pu .Uc Works Department - STANDARD CONTRACT DOCUMENTS AND
SPECIFICATIONS FOR PUBLIC WORKS PROJECTS.
3. Terms of the Contract
The successful bidder shall be requir'd to enter into a contract with the City of Miami, which shall include but
not limited to, the following terms:
The term of the Contract shall be for an 'tial term of one (1) year, commencing three (3) calendar days after
Notice To Proceed. The City shall have the option to extend the Contract for four (4) additional one (1) year
term periods each by giving the Bidder at leas thirty (30) days prior written notice.
Extension of the term of the Contract beyond the ' itial period is an option to the City to be exercised in its sole
discretion, and which does not confer any rights u qn the Bidder, and shall be based on availability of funding
and contractor's performance.
The City shall have the right to terminate the Contract, tqr any reason whatsoever and at any time, upon thirty
(30) days prior notice to the bidder.
The City reserves the right to automatically extend this conk ct for up to one hundred twenty (120) calendar
days beyond the stated contract term in order to provide Citt with continual service while a new contract is
being solicited, evaluated, and/or awarded. If the right Is exercise , , the City shall notify the Bidder, in writing, of
its intent to extend the contract at the same price, termsd conditions for a specific number of
days. Additional extensions over the first one hundred twenty (120)\\glay extension may occur, tf, the City and
the Successful Bidder/Proposer are in mutual agreement of such exteh ions.
Bid No. 13-14-026 Page 58
4. Preliminary Matters:
4.1 Within ten (10) days after the award of the Contract the City shall hold a kick-off meeting with the
Contractor. The City may require that the Sub -Contractors also attend this meeting.
Within five (5) calendar days prior to the kickoff meeting described in Section 4.1, Contractor shall
submit to the Contract Administrator for the Contract Administrator 's review and acceptance:
4.2.1. A detailed maintenance plan in a format acceptable to the City:
The maintenance plan shall indicate the start and completion dates of the various
tasks for each Work Site and shall include a narrative of the procedures to be used
and a list of all equipment to be used in the performance of the Work.
The maintenance plan must be updated to reflect any changes and submitted for
approval to the Contract Administrator.
Approval of the maintenance plan by the Contract Administrator shall not relieve the
Contractor of the sole responsibility and liability for the performance of the Work.
5. Performance Bond and Pa ent Bond:
Within fifteen (15) calendar d.. s of being notified of the award, Contractor shall furnish a Performance Bond
and a Payment Bond containing II the provisions in the forms attached hereto
5.1. Each Bond shall be in the ount of one hundred percent (100%) of the Contract Price guaranteeing
to City the completion and pee ormance of the Work covered in such Contract as well as full payment
of all suppliers, laborers, or subcontractors employed pursuant to this Project. Each Bond shall be
with a Surety, which is qualified pursuant to Article 5, below.
5.2. Each Bond shall continue in effector one year after Final Completion and acceptance of the Work
with liability equal to one hundred pert nt (100%) of the Contract sum, or an additional bond shall be
conditioned that Contractor will, upon iotification by City, correct any defective or faulty work or
materials which appear within one year aft Final Completion of the Contract.
5.3. Pursuant to the requirements of Section 255. O 5(1)(a), Florida Statutes, as may be amended from time
to time, Contractor shall ensure that the bon s) referenced above shall be recorded in the public
records of Miami -Dade County and provide City lth evidence of such recording.
5.4. Alternate Form of Security:
In lieu of a Performance Bond and a Payment Bo , Contractor may furnish alternate forms of
security, which may be in the form of cash, mone order, certified check, cashier's check or
unconditional letter of credit in the form attached hereto s Form 00735. Such alternate forms of
security shall be subject to the prior approval of City and for ame purpose and shall be subject to the
same conditions as those applicable above and shall be held ,y City for one year after completion and
acceptance of the Work.
Bid No. 13-14-026
Page 59
6. Qualification of Surety:
6.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars
($500,000.00):
6.1.1. Each bond must be executed by a surety company of recognized standing, authorized to do
business in the State of Florida as surety, having a resident agent in the State of Florida and
having been in business with a record of successful continuous operation for at least five (5)
years.
6.1.2. The Surety shall hold a current certificate of authority as acceptable surety on federal bonds in
accordance with United States Department of Treasury Circular 570, Current Revisions. If the
amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to
qualify, the net retention of the Surety shall not exceed the underwriting limitation in the
circular, and the excess risks must be protected by coinsurance, reinsurance, or other
ethods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR
SeRtion 223.10, Section 223.111). Further, the Surety shall provide City with evidence
satisfactory to City, that such excess risk has been protected in an acceptable manner.
6.1.3. The ay,will accept a surety bond from a company with a rating of B+ or better for bonds up to
$2 millio\ provided, however, that if any surety company appears on the watch list that is
published arterly by Intercom of the Office of the Florida Insurance Commissioner, the City
shall review d either accept or reject the surety company based on the financial information
available to the City. A surety company that is rejected by the City may be substituted by the
Bidder or propos r with a surety company acceptable to the City, only if the bid amount does
not increase. The slowing sets forth, in general, the acceptable parameters for bonds:
Policy- Financial Holders
Amount of Bond
Ratings Cate iory
500,001 to 1,000,000 B+ Class
1,000,001 to 2,000,000 B+ Class II
2,000,001 to 5,000,000 A Class ....III
5,000,001 to 10,000,000 A Class ... IV
10,000,001 to 25,000,000 Class .... V
25,000,001 to 50,000,000 A `. Class ...VI
50,000,001 or more A Class .. VII
6.2. For projects of $500,000.00 or less, City may accept a Bi• Bond, Performance Bond and Payment
Bond from a Surety which has twice the minimum surplu , and capital required by the Florida
Insurance Code at the time the invitation to bid is issued, if the urety is otherwise in compliance with
the provisions of the Florida Insurance Code, and if the sure company holds a currently valid
certificate of authority issued by the United States Department of th Treasury under Section 9304 to
9308 of Title 31 of the United States Code, as may be amended fro time to time. A Certificate and'
Affidavit so certifying should be submitted with the Bid Bond and also kith the Performance Bond and
Payment Bond.
6.3. More stringent requirements of any grantor agency are set forth within the S plemental Conditions. If
there are no more stringent requirements, the provisions of this section shall a fly.
7. Indemnification:
7.1 The Licensee shall indemnify, protect, defend, release, and hold' City, its officers, of`icials, employees,
agents, representatives, and servants (collectively, the "Indemnitees") harmless from and against all elms, damages,
liabilities, civil actions, statutory or similar claims, injuries and losses, including but not limited to reason le attorneys'
fees and court costs, incurred by any and all of the lndemnitees in relation to Licensee's Scope of Work at
"the
Bid No. 13-14-026
Page 60
Property, incurred to the' Property or to anyone on the Property as a result of negligent actions or omissions taken by
the Licensee, any of its agents, employees, representatives, contractors, sub -contractors, or consultants performing
the Scope of Work or any other activities on Licensee's behalf or even if It Is alleged that the City, its officials and/or
employees were negligent, unless such injuries or damages are ultimately proven to be the result of grossly negligent
or willful acts or omissions on the part of the City, its officials and/or employees. Licensee hereby voluntarily and
k owingly waives any and all claims against the Indemnitees for personal injuries or property damages sustained by
the icensee, its agents, employees, representatives, contractors, sub -contractors or consultants arising out of or
resat cl to the activities undertaken by the Licensee, its agents, employees, representatives, contractors, sub-
contraotors, or consultants upon the Property or in connection with the purpose and releases the Indemnities from any
and all baims and liabilities in connection therewith. This indemnity provision shall be construed as being in accord
with §725..Q6 and §725.08, Fla. Stat., commence on the Effective Date and shall survive the termination or expiration of
this Agreeth nt, as applicable. Licensee acknowledges that the grant of this Agreement is good, separate and distinct
consideration afforded by the City for this Indemnification.
7.2 TMe indemnification provided above shall obligate Contractor to defend at its own expense to and
th4gh appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's
optio?, any and all claims of liability and all suits and actions of every name and description covered by
Section\7.1 above which may be brought against City whether performed by Contractor, or persons
employe or utilized by Contractor.
8. Insurance Re
uiremen
8.1. Without limiting any of the other obligations or liabilities of Contractor, Contractor shall provide, pay for,
and maintain in fore\ until all of its Work to be performed under this Contract has been completed and
accepted by City (or fb such duration as is otherwise specified hereinafter), the insurance coverages
set forth herein.
8.1.1. Workers' Compens tion insurance to apply for all employees in compliance with the "Workers'
Compensation Law" of the State of Florida and all applicable federal laws. In addition, the
policy(ies) must include.
8.1.1.1. Employers' Liability wi a limit of One Million Dollars ($1,000,000.00) Dollars each bodily
injury caused by an accident, each accident. One Million Dollars ($1,000,000.00) Dollars
each bodily injury cau ed by disease, each employee. One Million Dollars
($1,000,000.00 Dollars eac'�bodily injury caused by disease, policy limit.
8.1.1.2 Waiver of subrogation
8.1.2, Comprehensive General Liability with inimum limits of One Million Dollars ($1,000,000.00)
per occurrence, combined single limit Bodily Injury Liability and Property Damage Liability.
General Aggregate Limit of Two Million ollars ($2,000,000.00), Coverage must be afforded
on a form no more restrictive than the lat t edition of the Comprehensive General Liability
policy, without restrictive endorsements, as ft ed by the Insurance Services Office, and must
include:
[ X ] 8.1.2.1. Premises and/or Operations.
[ X ] 8.1.2.2. Independent Contractors.
[ ] 8.1.2.3. Products and/or Completed Operations {or contracts with an Aggregate Limit
of Two Million Dollars ($2,000,000.00) p r project. Contractor shall maintain
in force until at least three years after co letion of all work required under
the Contract, coverage for Products and GC mpleted Operations, including
Broad Form Property Damage.
[ ] 8.1.2.4. Explosion, Collapse and Underground Coverages.
[ ] 8.1.2.5. Broad Form Property Damage.
[ ] 8.1.2.6. Broad Form Contractual Coverage applicable to this specific Contract, including
any hold harmless and/or indemnification agreement. \
Bid No. 13-14-026 Page 61
[ X ] 8.1.2.7. Personal Injury Coverage with Employee and Contractual Exclusions removed,
with minimum limits of coverage equal to those required for Bodily Injury Liability
and Property Damage Liability.
[ X ] 8.1.2.8, City is to be expressly included as an Additional Insured with respect to liability
arising out of operations performed for City by or on behalf of Contractor or acts
or omissions of Contractor in connection with general supervision of such
operation.
[ ] 8.1.2.9. Employee included as insured.
\ [ X ] 8,1.2.10. Contractual Liability.
[ X ] 8,1.2.11. Waiver of Subrogation.
[\X ] 8.1.2.12. Personal and Advertising Injury.
[ X\ 8.1,2,13. Loading and Unloading.
[
X ] `a.1.2.14. Mobile Equipment (Contractor's Equipment) whether owned, leased, borrowed
or rented by Contractor or employees of the Contractor.
8.1.3. Business t utomobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per
occurrence combined single limit for Bodily Injury Liability and Property Damage Liability.
Coverage m st be afforded on a form no more restrictive than the latest edition of the
Business Auto: obile Liability policy, without restrictive endorsements, as filed by the
Insurance ServO• s Office, and must include:
7.1.3.1. Own e Vehicles.
7.1,3.2. Hired an Non -Owned Vehicles.
7.1.3.3. Employers Non -Ownership.
7,1.3.4 Employees in l ded as insured
7.1,3.5 City of Miami asAdditional Insured
[X ] 8.1.4. Umbrella Policy
7,1.4.1. Bodily injury and prodcrty damage liability with limits of Two Million Dollars
(S2,000,000) each occu` fence and an aggregate limit of Two Million Dollars
($2,000,000).
7,1.4.2. Products/Completed operat}Ans aggregate limit of Two Million Dollars
($2,000,000).
Excess coverage over the policies as follows:
41* Commercial General Liability
$Business Automobile Liability
8.1.5. Installation Floater for the installation of machinery and/o equipment into an existing structure
is required. The coverage shall be "All Risk" coverage inclu ing installation and transit for 100
percent of the "installed replacement cost value," covering `Qity as a named insured, with a
deductible of not more than Five Thousand Dollars ($5,000.00) ach claim.
8.1.5.1. Cessation of Insurance --Coverage is not to ceas and is to remain in force
(subject to cancellation notice) until final acceptance y City.
8.1,5.2. Flood Insurance --When the machinery or equipme,t is located within an
identified special flood hazard area, flood insurance m est be afforded for :the
lesser of the total insurable value of such buildings Qr structure, or, ;the
maximum amount of flood insurance coverage available\nder the National
Flood Program. \
Bid No. 13-14-026
Page 62
`[ X ] 8.1.5. Owners Contractors Protective — City of Miami — Limits of Liability for Bodily injury & Property Damage
Liability shall be in the amounts of $1,000,000.00 for each occurrence and $1,000,000.00 in the
aggregate
A_ _ _ _
8.1.6 Employer's Liability — Limits of Liability
$500,000 for bodily injury caused by accident, each accident
$500,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
[ ] 8.1 Marine General Liability, including coverage for protection and liability in the amount of $1,000,000
[ X ] 8.1.8 Pollution Liability in the amount of $1,000,000
[ ] 8.1.9 nes Act coverage for captain and crew
8.2. If th initial insurance expires prior to the completion of the work, renewal copies of policies shall be
furnis d at least thirty (30) days prior to the date of their expiration.
8.3. Notice o\Cancellation and/or Restriction --The pollcy(ies) must be endorsed to provide City with at
least thirty ( 0) days notice of cancellation and/or restriction.
sh
8.4. Contractor furnish to the Public Works Department Certificates of Insurance or endorsements
evidencing the i urance coverage specified above within fifteen (15) calendar days after notification
of award of the 02ntract. The required Certificates of Insurance shall name the types of policies
provided, refer speblically to this Contract, and state that such insurance is as required by this
Contract.
8.5. The official title of the byvner is the City of Miami, Florida. This official title shall be used in all
insurance documentation.
9. Labor and Materials:
9.1. Unless otherwise provided herein Contractor shall provide and pay for all materials, labor, water,
diesel, tools, equipment, light, pow transportation and other facilities and services necessary for the
proper execution and completion of 'the Work, whether temporary or permanent and whether or not
incorporated or to be incorporated in th\Work.
9.2. Contractor shall at all times enforce st l t discipline and good order among its employees and
subcontractors at the Project site and shall N t employ on the Project any unfit person or anyone not
skilled in the work to which they are assigned.
10. General Requirements
10.1. The employee(s) of the Contractor shall be considk ed to be at all times its employee(s), and not an
employee(s) or agent(s) of the City or any of its depar ents.
10.2. The Contractor agrees that the Contractor will at all t'mes employ, maintain and assign to the
performance of the Project a sufficient number of comp tent and qualified personnel to meet the
requirements of the Work to be performed. The Contractor sh II have employed at the time of bidding
sufficient numbers of competent and qualified employees to m t the requirements of the Work to be
performed, and upon request by the City, the Contractor shall pro ee a list of these employees.
10.3. The Contractor agrees to adjust staffing levels or to replace any staFf personnel if so ordered by the
City, should the City make a determination, in its sole discretion, that s id staffing is unacceptable or
that any individual is not performing in a manner consistent with the requir ents for such a position.
10.4. The Contractor represents that its staff personnel have the proper skiff , training, background,
knowledge, experience, rights, authorizations, integrity, character and lice ses as necessary to
perform the Work, in a competent and professional manner.
10.5. The Contractor shall at all times cooperate with the City and coordinate its respeci e Work efforts to
most effectively and efficiently progress the performance of the Work.
10.7. The Contractor shall be responsible for the good condition of the Work or materials until rmal release
from his obligations under the terms of this Contract.
Bid No. 13-14-026 Page 63
10.8. ' Contractor 'shall bear all losses resulting to him on account -of the amount or character of'the Work, 'or
the character of the ground, being different from what he anticipated.
10.9 The Contractor shall at all times conduct the Work in such manner and in such sequence as will insure
the least practicable local interference.
11. Worker's Identification
he Contractor's employees, who include any subcontractor, shall wear an identification card provided by the
Cor. tf\actor. The identification card shall bear the employee's picture, name, title and name of the employer.
Failure by a Contractor's employee to wear such identification may result in his removal from the Work until
such tir�i as the identification card is obtained and worn. Such removal shall not act as a basis for the
Contract° to submit a claim for an extension of time.
12. Royalties and atents:
All fees, royaltie and claims for any invention, or pretended inventions, or patent of any article, material,
arrangement, appliance, or method that may be used upon or in any manner be connected with the
construction of the rk or appurtenances, are hereby included in the prices stipulated in this Contract for said
Work.
13. Weather:
No extensions to the Contra t Period will be granted for weather related delays unless by a hurricane, City
declared emergency or other ' currences that result in the City issuing a Stop Work Order.
14. Permits, Licenses and Impact Fees:
14.1 Except as otherwise provided witn the Supplemental Conditions, all permits and licenses required by
federal, state or local laws, rule and regulations necessary for the prosecution of the Work
undertaken by Contractor pursuant tb this Contract shall be secured and paid for by Contractor. It Is
Contractor's responsibility to have and Taintain appropriate Certificate(s) of Competency, valid for the
Work to be performed and valid for the ja' 'sdiction in which the Work is to be performed for all persons
working on the Project for whom a Certifica e of Competency is required,
14.2. Impact fees levied by the City and/or Miami- de County shall be paid by Contractor. Contractor shall
be reimbursed only for the actual amount of thh impact fee levied by the municipality as evidenced by
an invoice or other acceptable documentatio issued by the municipality. Reimbursement to
Contractor in no event shall include profit or overhee d of Contractor.
15. Resolution of Disputes:
15.1 To prevent all disputes and litigation, it is agreed by the arties hereto that the Public Works Director
shall decide all questions, claims, difficulties and disputes b whatever nature which may arise relative
to the technical interpretation of the Contract Documents d fulfillment of this Contract as to the
character, quality, amount and value of any work done andaterials furnished, or proposed to be
done or furnished under or, by reason of, the Contract Doc�u'ments and Contract Administrator's
estimates and decisions upon all claims, questions, difficulties and disputes shall be final and binding
to the extent provided in Article 15.2. Any claim, question, diffic, ty or dispute which cannot be
resolved by mutual agreement of City and Contractor shall be submi t d to the City in writing within
twenty-one (21) calendar days. Unless a different period of time is set th herein, the Public Works
Director shall notify the Contractor in writing of his/her decision within twe ty-one (21) calendar days
from the date of the submission of the claim, question, difficulty or dispute, nless the Public Works
Director requires additional time to gather information or allow the partie to provide additional
information. All non -technical administrative disputes shall be determin by the Contract
Administrator pursuant to the time periods provided herein. During the pendency f any dispute and
after a determination thereof, Contractor, and City shall act in good faith to mitig to any potential
damages Including utilization of construction schedule changes and alternate means o •onstruction.
15.2. In the event the determination of a dispute under this Article is unacceptable to either part hereto,the
party objecting to the determination must notify the other party in writing within ten (10) days receipt
Bid No. 13-14-026 Page 64
of the written determination. The notice must state the basis • of the objection and must be
accompanied by a statement that any Contract Value adjustment claimed is the entire adjustment to
which the objecting party has reason to believe it is entitled to as a result of the determination. Within
sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address
all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall
be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties
retain all their legal rights and remedies provided under State law. A party objecting to a determination
specifically waives all of its rights provided hereunder, including its rights and remedies under State
law, if said party fails to comply in strict accordance with the requirements of this Article.
16. Insp ction of Work:
16.1 The City shall at all times have access to the Work, and Contractor shall provide proper facilities for
such access and for inspection.
16.1. Reexamination of any of the Work may be ordered by the City with prior written approval by
the Contract Administrator, and if so ordered, the Work must be uncovered by Contractor. If
uch Work is found to be in accordance with the Contract Documents, City shall pay the cost
o eexamination and replacement by means of a Change Order. If such Work is not in
acc' :dance with the Contract Documents, Contractor shall pay such cost.
16.2. Inspectors shall have no authority to permit deviations from, nor to relax any of the provisions of the
Contract Docum., ts, nor to delay the Contract by failure to inspect the materials and work with
reasonable The prom pthcb s without the written permission or instruction of the City.
16.3. payment of any kripensation, whatever may be its character or form, or the giving of any gratuity
or the granting of any for by Contractor to any inspector, directly or indirectly, is strictly prohibited,
and any such act on the pa, t of Contractor will constitute a breach of this Contract.
17. Authority Of The City Project Manage
17.1. The Contract Administrator here y authorizes the Project Manager to determine, all questions of any
nature whatsoever arising out of, der or in connection with, or in any way relating to or on account of
the Work, and questions as to the in rpretation of the Work to be performed.
17.2. The Contractor shall be bound by al determinations or orders of the Project Manager and shall
promptly respond to requests of the Prot ct Manager, including the withdrawal or modification of any
previous order, regardless of whether the diNntractor agrees with the Project Manager's determination
or requests. Where requests are made oral('y, the Project Manager will follow up in writing, as soon
thereafter as is practicable.
17.3. The Project Manager shall have authority to act n behalf of the City to the extent provided by the
Contract, unless otherwise modified in writing by th City. All instructions to the Contractor shall be
issued in writing. All instructions to the Contractor sh ll be issued through the Contract Administrator
or the Project Manager .
17.4. The Project Manager shall have access to the Work Site( ) at all times. The Contractor shall provide
safe facilities for such access so the Project Manager may p rform their functions under the Contract.
The Project Manager will make periodic visits to the Work Si to become generally familiar with the
progress and quality of the Work, and to determine if the Work \s proceeding in accordance with the
Contract Documents.
17,5. The Project Manager will not be responsible for Work means, me'f$ods, techniques, sequences or
procedures, or for safety precautions and programs in connection vith the Work, and will not be
responsible for the Contractor's failure to carry out the Work in accordant with the Contract.
17.6. The Project Manager will have authority to reject Work that does no conform to the Contract
requirements, whenever, in his or her opinion, it is considered necessary r advisable to insure the
proper implementation of the Contract. Neither The Project Manager's aut ority to act under this
paragraph, nor any decision made by him in good faith either to exercise or of to exercise such
authority, shall give rise to any duty or responsibility of the Project Manager to tie Contractor, any
subcontractor, supplier or any of their agents, employees, or any other person performing any of the
Work, \\
Bid No, 13-14-026 Page 65
17.7. All interpretations and recommendations of the Project Manager shall be consistent with the intent of
the Contract.
17.8. The Project Manager will not be responsible for the acts or omissions of the Contractor, any Sub -
Contractor, or any of their agents or employees, or any other persons performing any of the Work.
18. \ Superintendence and Supervision:
1. Contractor shall keep on the Work during its progress, a full-time competent English speaking
superintendent and any necessary assistants, all satisfactory to the City. The superintendent shall not
be changed except with the written consent of the City, unless the superintendent proves to be
unsatisfactory to Contractor and ceases to be in its employ. The superintendent shall represent
"ontractor and all directions given to the superintendent shall be as binding as if given to Contractor
ad will be confirmed in writing by the City upon the written request of Contractor. Contractor shall
giv efficient supervision to the Work, using its best skill and attention. The City shall be provided
telephone number(s) for the superintendent where the superintendent can be contacted during normal
workinhours as well as after hours for emergencies.
18.2. If in theurse of prosecuting the Work, the Contractor finds any issues or conditions affecting the
performanc of the Work, it is their duty to immediately inform the Project Manager, in writing, and the
Project Manager will promptly review the same. Any Work done after such discovery, until authorized,
will be done at ontractor's sole risk.
18.3. Contractor shall ` pervise and direct the Work competently and efficiently, devoting such attention
thereto and apply' • such skills and expertise as may be necessary to perform the Work in
accordance with the Contract Documents. Contractor shall be solely responsible for the means,
methods, techniques, s'yquences and procedures of construction.
18.4 Contractor shall provide 24-hour a day, 7 day a week emergency contact numbers for the
superintendent and the sup intendent's supervisor.
19. Methods Of Performing The Work
19.1. If, the Project Manager reasonably determines that the Work is not such as to insure its completion
within the approved schedule, or\f, in the opinion of the Project Manager, the Contractor is not
proceeding with the Work diligently�yr expeditiously or Is not performing all or any part of the Work
according to the progress schedule a Qepted by or determined by the Project Manager, the Project
Manager shall have the right to order thb Contractor to do either or both of the following: (1) improve
its work force; and/or (2) improve Its erformance in accordance with the schedule to insure
completion of the Work within the specified chedule. The Contractor shall immediately comply with
such orders at no additional cost to the City. hhe" City at its sole option may also have Work performed
by a third party contractor and deduct such cost'ft om any monies due the Contractor.
19.2. Where materials or equipment are transported in\e performance of the Work, vehicles shall not be
loaded beyond the capacity recommended by the vecle manufacturer or permitted by Federal, State
or local law(s). When it is necessary to cross curbing ksidewalks, protection against damage shall be
provided by the Contractor and any damaged curbing, pass areas, sidewalks or other areas shall be
repaired at the expense of the Contractor to the satisfactio'h of the Project Manager.
20. City's Right to Terminate Contract:
20.1. If Contractor fails to begin the Work within fifteen (15) calendar lays after the commencement date as
indicated in the Notice to Proceed, or fails to perform the Work \i, h sufficient workers and equipment
or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work
unsuitably, or cause it to be rejected as defective and unsuitable, or hall discontinue the prosecution
of the Work pursuant to the accepted schedule or if Contractor shall f ;I to perform any material term
set forth in the Contract Documents or if Contractor shall become insolve t or be declared bankrupt, or
commit any act of bankruptcy or insolvency, or shall make an assignmen for the benefit of creditors,
or from any other cause whatsoever shall not carry on the Work in an ac gptable manner, Contract
Administrator may give notice in writing to Contractor and its Surety of such 4Iay, neglect or default,
specifying the same. If Contractor, within a period of five (5) calendar days after\such notice, shall not
proceed in accordance therewith, the City will terminate the services of Contractoiexclude Contractor
from the Work Site(s) and take the prosecution of the Work out of the hands Qf Contractor, and
Bid No. 13-14-026 Page 6
'appropriate or use .any or' all materials and equipment on the Project site as may be suitable'and
acceptable. In such case, Contractor shall not be entitled to receive any further payment until the
Work is completed. In addition City may enter into an agreement for the completion of the Work
according to the terms and provisions of the Contract Documents, or use such other methods as in
City's sole opinion shall be required for the completion of the Work in an acceptable manner. All
damages, costs and charges incurred by City, together with the costs of completing the Work, shall be
deducted from any monies due or which may become due to Contractor. In case the damages and
expenses so incurred by City shall exceed the unpaid balance, then Contractor shall be liable and
shall pay to City the amount of said excess. 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
t rmination for convenience of the City of Miami.
20.2. If ter notice of termination of Contractor's right to proceed, it is determined for any reason that
Cont ctor was not in default, the rights and obligations of City and Contractor shall be the same as if
the no 'Qe of termination had been issued pursuant to the Termination for Convenience clause as set
forth in A'ricle 20.3 below.
20.3. This Contt may be terminated for convenience in writing by the City Manager or the City
Commission on ten (10) days written notice to Contractor (delivered by certified mail, return receipt
requested, han\delivery or courier) of intent to terminate and the date on which such termination
becomes effective In such case, Contractor shall be paid for all work executed and expenses
incurred prior to ter ination. Payment shall include reasonable profit for work/services satisfactorily
performed. No paym nt shall be made for profit for work/services, which have not been performed,
20.4. Upon receipt of Notice o Termination pursuant to the above, Contractor shall promptly discontinue all
affected work unless the otice of Termination directs otherwise and deliver or otherwise make
available to City all data, wings, specifications, reports, estimates, summaries and such other
information as may have been squired by the Contract Documents whether completed or in process.
21. Assignment:
Neither party hereto shall assign the Contracts r any subcontract in whole or in part without the written consent
of the other, nor shall Contractor assign any onies due or to become due to it hereunder, without the
previous written consent of the City Commission.
22. Contractor's Use Of Work Site(s)
22.1. Limitations may be placed on the Contracto use of the Work Site and such limitations will be
identified by the City.
22.2. The Contractor shall limit its use of the Work Site( ), so as minimize impact and disruption to the
surrounding areas and residents
21.2.1 The Contractor shall:
a. Confine operations at the Work Site to the areas per`, itted by the Project Manager; not disturb
portions of the Work Site beyond the specified areas; c form to Work Site rules and
b. Assume all responsibility for its tools, equipment an•\�materials, including any materials
purchased for the Work, and its vehicles while performiN Work for the City and/or while
parked at a City facility. The City assumes no liability for dar ge to the items specified in this
paragraph.
c. Access to and egress from the Work Site(s) shall be subject to the approval of the Contract
Administrator or the Project Manager
23. Interfering Structures and Property
Take necessary precautions to prevent damage to existing structures and property when ccessing the Work
Site(s). The Contractor is solely responsible for any damage to personal, City or other publiN roperty.
24. Site Investigation and Representation
24.1 The Contractor acknowledges that it has satisfied itself as to the nature and location of ,he Work, the
general and local conditions, particularly those bearing upon availability of transportatioh,disposal,
Bid No. 13-14-026 Page67
handling and storage of materials, availability of labor, water, electric power, roads, and uncertainties
of weather, the conformation and conditions at the ground, the type of equipment and facilities needed
preliminary to and during the prosecution of the Work and all other matters which can in any way affect
the Work or the cost thereof under the Contract Documents.
24.2 The Contractor further acknowledges that he has satisfied himself as to the character, quality, and
quantity of surface and subsurface materials to be encountered from inspecting the site and from
evaluating information derived from exploratory work that may have been done by the City or included
in the Contract Documents. Any failure by the Contractor to acquaint himself with all the available
information will not relieve him from responsibility for properly estimating the difficulty or cost thereof
under the Contract Documents.
25. Contractor's Responsibility for Damages and Accidents:
Contractor hall be responsible for all materials, equipment and supplies pertaining to the Work. The City
assumes no sponsibility or liability in the event any such materials, equipment and supplies are lost, stolen,
damaged or de troyed.
26. Accidents
The Contractor shall\provide such equipment and facilities as are necessary or required, in the case of
rvice to persons who may be injured during the Project duration. The Contractor shall
also comply with the OS. requirements as defined in the United States Labor Code 29 CFR 1926.50.
In addition, the Contractor \ ust report immediately to the Project Manager every accident to persons or
damage to property, and shalim\urnish in writing full information, including testimony of witnesses regarding any
and ail accidents.
accidents, for first aid
27. Safety Precautions
27.1. Contractor shall be solely respoOle for initiating, maintaining and supervising all safety precautions
and programs in connection with th Project. Contractor shall take all necessary precautions for the
safety of, and shall provide the neceary protection to prevent damage, injury or loss to:
27.1.1.All employees on the Work Site ) and other persons who may be affected thereby;
27.1.2 Other property at the Work Site(s or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structur and utilities not designated for removal, relocation or
replacement in the course of cons Diction.
27.2. Contractor shall designate a responsible membbC of its organization at the Work Site(s) whose duty
shall be the prevention of accidents, This per on shall be Contractor's superintendent unless
otherwise designated in writing by Contractor to City.
27.3. Contractor shall comply with all applicable laws, ordinan ks, rules, regulations and orders of any public
body having jurisdiction for the safety of persons or property or to protect them from damage, injury or
loss; and shall erect and maintain all necessary safeguards r such safety and protection. Contractor
shall notify owners of adjacent property and utilities when pros cution of the work may affect them. All
damage, injury or loss to any property referred to in the Co ract Documents, caused directly or
indirectly, in whole or in part, by Contractor, any Subcontrac r or anyone directly or indirectly
employed by any of them or anyone for whose acts any of them m ,�yy be liable, shall be remedied by
Contractor. Contractor's duties and responsibilities for the safety ark protection of the Work shall
continue until such time as all the Work is completed the City has ssued a notice to City and
Contractor a notice of Final Acceptance.
27.4 Contractor must adhere to the applicable environmental protection guidelin for the duration of the
Contract. If hazardous waste materials are used, detected or generated a any time, the Project
Manager must be immediately notified of each and every occurrence. The C titractor shall comply
with all codes, ordinances, rules, orders and other legal requirements of public Nthorities (including
OSHA, EPA, DERM, the City, Miami -Dade County, State of Florida, and Florida Burbling Code), which
bear on the performance of the Work. \\
Bid No. 13-14-026 Page 68 \
27.5. The Contractor shall take the responsibility to ensure that all Work is performed using adequate
safeguards.
27.6 If an emergency condition should develop during the Work, the Contractor must immediately notify the
Project Manager of each and every occurrence. The Contractor should also recommend any
appropriate course(s) of action to the Project Manager.
28. W' ranty of Materials:
Cont .ctor warrants to City that all materials furnished under this Contract will be new unless otherwise
specified and that all of the Work will be of good quality, free from defects and in conformance with the
Contract l ocuments. All Work not conforming to these requirements, including substitutions not properly
approved a authorized, may be considered defective. If required by the Project Manager, Contractor shall
furnish satisfab ory evidence as to the kind and quality of materials and equipment. This warranty is not limited
by any other pro 'sions within the Contract Documents.
29. Manufacturer's Inst actions
29.1. The Contracto hall:
29.1.1. Comply ith manufacturer's requirements for the handling, delivery and use of all materials,
Where rep ired by the Contract Documents, Contractor shall submit manufacturer's printed
instructions nd MSDS documents to the City.
29.1.2. Comply with l e manufacturer's applicable instructions and recommendations for the
performance of ££ae Work, to the extent that these instructions and recommendations are
more explicit or ma stringent than requirements indicated in the Contract.
29.1.3. Inspect materials prio to use and reject materials not meeting the requirements of the
Contract Documents.
30. Manufacturer's Warranty
Contractor shall provide all manufacturers' ware Les, All warranties, expressed and/or implied, shall be made
available to the City for material and equipment cook ed by this Contract. All material and equipment furnished
shall be fully guaranteed by the successful Bidder ag, st factory defects and workmanship. At no expense to
the City, the Contractor shall correct any and all ap,rent and latent defects that may occur within the
manufacturer's standard warranty. The Supplemental Co ditions of the Contract Documents may supersede
the manufacturer's standard warranty. Manufacturer's war nties will become effective upon final completion
of the Project.
31. Defective Work:
31.1. The Project Manager shall have the authority to reject or di pprove work which the Project Manager
finds to be not in compliance with the Contract Documents. If quired by Project Manager, Contractor
shall promptly either remove or correct all defective Work. Cont ctor shall bear all direct, indirect and
consequential costs of such corrections including cost of materials, quipment, and personnel.
31.2. Should Contractor fail or refuse to remove or correct any defective ork or to make any necessary
repairs in accordance with the requirements of the Contract Docume s within the time indicated in
writing by the Project Manager, the City shall have the authority to ca� e the defective Work to be
corrected, or make such repairs as may be necessary at Contractor's expe se. Any expense incurred
by City in making such corrections or repairs, shall be paid for out of any ,onies due or which may
become due to Contractor. In the event of failure of Contractor to make all nessary repairs promptly
and fully, City may declare Contractor in default.
32. Taxes:
Contractor shall pay all applicable sales, consumer, use and other taxes required by la Contractor is
responsible for reviewing the pertinent state statutes involving state taxes and complying with a \requirements.
33. Subcontracts
33.1. Contractor shall not employ any subcontractor against whom City may have a reasonable bjection.
Contractor shall not be required to employ any subcontractor against whom Contractor has a
reasonable objection.
Bid No. 13-14-026 Page 69
33:2. • Contractor shall be fully responsible for all acts and omissions of its subcontractors and of persons
directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be
liable to the same extent that Contractor is responsible for the acts and omissions of persons directly
employed by it. Nothing in the Contract Documents shall create any contractual relationship between
any subcontractor and City or any obligation on the part of City to pay or to see the payment of any
monies due any subcontractor. The City may furnish to any subcontractor evidence of amounts paid to
Contractor on account of specific Work performed.
33.3. Contractor agrees to bind specifically every subcontractor to the applicable terms and conditions of the
ontract Documents for the benefit of City.
33.4 Cn`tractor shall complete Sub -Contractors' form in the Proposal.
33.5. Multi tter subcontracting is not permitted. Contractor shall not authorize subcontractors to further
subcon`k act any portions of the Work.
33.6 The work performed by all subcontractors shall be no more than 10% of the total work for this
Contract.
34. Separate Contracts:
34.1. City reserves the`ryy'ght to let other contracts in connection with this Work. Contractor shall afford other
persons reasonable opportunity for the execution of their work and shall properly connect and
coordinate this Work Mh theirs.
34.3. Contractor shall conduct "I s operations and take all reasonable steps to coordinate the prosecution of
the Work so as to treat no interference or impact on the public or businesses. Should such
interference or impact occur, ontractor shall be liable for the cost of such interference or impact.
35. Continuing the Work:
Contractor shall carry on the Work and adre to the progress schedule during all disputes or disagreements
with City, including disputes or disagreeme is concerning a request for a Change Order, a request for a
change in the Contract Value or Contract T m. The Work shall not be delayed or postponed pending
resolution of any disputes or disagreements.
36. Changes in the Work or Terms of Contract Documents:
36.1. Without invalidating the Contract, City reserves (id shall have the right, from time to time to make
such increases, decreases or other changes in ti)�� character or quantity of the Work as may be
considered necessary or desirable to complete fully alid acceptably the Work in a satisfactory manner.
Any extra or additional work within the scope of this +contract must be accomplished by means of
appropriate Field Orders or Change Orders.
36.2. Any changes to the terms of the Contract Documents m\ st be contained in a written document,
executed by the parties hereto, with the same formality and o qual dignity prior to the initiation of any
work reflecting such change. This section shall not prohibit the 'ssuance of Change Orders executed
only by City as hereinafter provided.
37. Supplemental Instructions:
The Project Manager shall have the right to approve and issue Supplemental Instr\uctions setting forth written
orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such
Supplemental Instructions involve rio change in the Contract Value or the Contract Te
38. Field Directives
The Project Manager may at times issue field directives to the Contractor based on visits °t the Project Site.
Such Field Directives shall be issued in writing and the Contractor shall be required to omply with the
directive. Where the Contractor believes that the directive is outside the Scope of the Work, the Contractor
shall, within 48 hours, notify the Project Manager that the Work is outside the Scope of the Wor At that time
the Field Directive may be rescinded or the Contractor may be required to submit a request for a ciTnge to the
Bid No. 13-14-026 Page 70
Contract. Where the Contractor is notified of the City's position that °the Work is within the scope and the
Contractor disagrees, the Contractor shall notify the Project Manager and the Contract Administrator that the
Contractor reserves the right to make a claim for the time and monies based on the Field Directive. At no time
shall the Contractor refuse to comply with the directive. Failure to comply with the directive may result in a
determination that the Contractor is in default of the Contract. The contractor will take direction only from the
Project Manager, Director of Public Works, Assistant Director of Public Works or the City Manager. The
contractor will not take direction from elected officials or other City personnel.
39. C ' an Orders:
39.1 Changes in the quantity or character of the Work within the scope of the Work which are not properly
the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in
e line item prices, Contract value, or the Contract Term, shall be authorized only by Change Orders
approved in advance and issued in accordance with the provisions of the City.
39.2. All ccllanges to construction contracts must be approved in advance in accordance with the value of the
Chan Order or the calculated value of the time extension. All Change Orders with a value of
$25,00 or more shall be approved in advance by the City Commission. All Change Orders with a
value of I s than $25,000 shall be approved in advance by the City Manager or his designee.
39.3. In the event tisfactory adjustment cannot be reached for any item requiring a change in the Contract
Price or Contra, t Time, and a Change Order has not been issued, City reserves the right at its sole
option to either terminate the Contract as it applies to the items in question and make such
arrangements as ay be deemed necessary to complete the disputed work; or submit the matter in
dispute as set forth n Article 15 hereof. During the pendency of the dispute, and upon receipt of a
Change Order appro d by City, Contractor shall promptly proceed with the change in the Work
involved and advise th Project Manager and Contract Administrator in writing within seven (7)
calendar days of Contrac QQr's agreement or disagreement with the method, if any, provided in the
Change Order for determinIng the proposed adjustment in the line item pricing, Contract Value or
Contract Term.
39.4. Under circumstances determine necessary by City, Change Orders may be issued unilaterally by
City.
40. Value of Change Order Work:
40.1. The value of any work covered by a Chfnge Order or of any claim for an increase or decrease in the
Contract Value shall be determined in one the following ways:
40.1.1. By mutual acceptance of an increase or decrease in line item price(s) which Contractor and
City acknowledge contains a compo�ent for overhead and profit.
40.1.2. By mutual acceptance of a lump sum which Contractor and City acknowledge contains a
component for overhead and .profit.
40.1.3. The addition of new line item prices.
41. No Damages for Delay:
No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City
by reason of any delays except as provided herein. Contractor shall ,ot be entitled to an increase in the
Contract Value or payment or compensation of any kind from City for directs indirect, consequential, impact or
other costs, expenses or damages, including but not limited to costs of ac eleration or inefficiency, arising
because of delay, disruption, interference or hindrance from any cause wh soever, whether such delay,
disruption, interference or hindrance be reasonable or unreasonable, forese able or unforeseeable,. or
avoidable or unavoidable; provided, however, that this provision shall not preclud recovery of damages by
Contractor for actual delays due solely to fraud, bad faith or active interference on the rt of City,
42. Force Majeure
42.1 Should any failure to perform on the part of Contractor be due to a condition of foremajeure as that
term is interpreted under Florida law, the City may allow an extension of ti e reasonably
commensurate with the cause of such failure to perform or cure.
Bid No. 13-14-026
Page 71
42.2 If the Contractor is delayed in performing any obligation Under this Contract due to a force majeure
condition, the Contractor shall request a revision of the schedule to the City within two (2) working
days of said force majeure occurrence. Any revision of the schedule shall be subject to mutual
agreement and shall not be cause for any claim by the Contractor for extra compensation unless
additional work is required. Does Not Include inclement weather except as permitted by Florida law
or the acts or omissions of Sub -Contractors, etc.
43. No Interest
Any monies not paid by City when claimed to be due to Contractor under this Agreement, including, but not
ted to, any and all claims for contract damages of any type, shall not be subject to interest including, but not
limii dd to prejudgment interest. However, the provisions of Section 218.74(4), Florida Statutes as such relates
to the ayment of interest, shall apply to valid and proper invoices.
44. Material afety Data Sheets and Product Data
44.1 Con actor shall submit four copies of the Material Safety Data Sheets (MSDS) and other of product
data 0 r all materials to be used in the performance of the Work. Each copy must be marked to
identify�pplicable products, and other data. Contractor shall supplement manufacturer's standard
data to pr�ivide information unique to the Work.
44.2 Contractor all submit only pertinent MSDS and product data information. Submittals shall be
marked to id tify pertinent products, with references to the specifications and the Contract
Documents.
44.3 The City may rejects aterials to be used in the performance of the Work where the MSDS and product
data submitted resul'n the City determining that the materials do not meet the requirements of the
Contract
45. Stop Work Order
45.1. The City may, at any time, by written order to the Contractor, require the Contractor to stop all,. or any
part, of the Work for a period f up to ninety (90) days (or any lesser period), commencing no sooner
than the date the order is deliv ed to the Contractor, and for any further period to which the parties
may agree. Any such order shal \e specifically identified as a "Stop Work Order" issued pursuant to
this paragraph. Within the period o ninety (90) days (or the lesser period specified) after a Stop Work
Order is delivered to the Contractor, 'br within any extension to which the parties have agreed the City
shall either:
43.1.1. Cancel the Stop Work Order; or
43.1.2. Terminate the. Work covered by such order as provided in Article 20.3.
45.2, If a Stop Work Order issued under this Article i \canceled or the period of the order or any extension
thereof expires, the Contractor shall resume the 'Qrk without compensation
46. Cleaning Up; City's Right to Clean Up;
Contractor shall at all times keep the premises free from accumation of waste materials or rubbish caused by
its operations. At the completion of the Work, Contractor shall re ove all its waste materials and rubbish from
and about the Work Site(s) as well as its tools, equipment, machine y and surplus materials. If Contractor fails
to clean up during the prosecution of the Work or at the completion 6 the Work, City may do so and the cost
thereof shall be charged to Contractor, If a dispute arises between Contractor and separate contractors as to
their responsibility for cleaning up, City may clean up and charge e cost thereof to the contractors
responsible therefore as the City shall determine to be just.
47. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act:
Contractor shall not unlawfully discriminate against any person in its operations knd activities or in its use or
expenditure of funds in fulfilling its obligations under this Agreement. Contractor shX affirmatively comply with
all applicable provisions of the Americans with Disabilities Act (ADA) in the course :providing any services
funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and
all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to
ensure nondiscrimination in employment against disabled persons.
Bid No. 13-14-026
Page 72
Contractor's decisions regarding the delivery of services under this Agre&rherit shall be made without regard t®
or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical
or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service
delivery.
48\
Contingency Allowance
The City has established a Contingency Allowance for this Project, which shall be reflected in the total contract
sum. This allowance account is for use at the sole discretion of the City and shall only be distributed through
the issuance of a change order approved by the City. Contractor has no entitlement to these funds as a result
o`t e award of the Contract by the City.
49. Pay ent and Performance Bond
A 100°) ayment and performance bond is required for this project. Refer to Section 008000, Article 4.
50. Davis Bacon Act
This project is not subject to the Davis Bacon Act.
51. Pricing and Pavme,t
Bidders shall include gtheir bid all taxes, insurances, social security, workman's compensation, and any other
benefits normally paid ley the bidder to its employees. No overtime will be authorized by the City which
exceeds the rates quotedd\'n this solicitation or not authorized by the City. Payments will be made monthly, in
arrears, for services rend red the previous month, upon submission of property certified invoices and/or
approved inspection reports. II such information shall be provided to the City Engineer for his/her approval in
advance of payment. The contractor shall pay his/her employees performing work under this contract not less
than the federal minimum wage in effect at the time of the contract.
52. Materials and Equipment
The bidder shall furnish, at his/her own xpense, all equipment, materials or supplies, including disposal fees,
trash bags, oil, water, etc. necessary fo completion of all the services specified in this bid. The equipment
shall include but not be limited to landsca 'ng equipment, bucket trucks, wood chipper, dump trucks, crane,
etc. all as necessary to complete the work. he item price must include the disposal of all debris and litter
collected by the scope of this contract and no dditional compensation will be allowed. The contractor is not
allowed to use the City's rights of ways for storage of any material related to this contract.
53. Method of Award
This contract may be awarded to the two (2) lowest , ost responsive and responsible bidders for all the Bid
Items included in this contract, and whose bid conforms o the specifications and is most advantageous to the
City.
Award shall be based upon the pricing indicated on the Bid Fb m, pursuant to the Specifications. The City may
select two (2) bidders, with the lowest deemed the "primar vendor" and the next lowest the "secondary
vendor", in the order of overall lowest prices provided to the C. Should the primary vendor not be able to
provide the necessary service at the time needed or the required v�Jgrk� is beyond the ability or expertise of the
primary vendor or the primary vendor fails to perform as per Sec tl n 7 of the Public Works Construction
Standards, the City has the option to select the secondary vendor whom will be offered the work to complete in
a timely manner,
The City additionally reserves the option to obtain quotes from either of the . warded vendor(s) for a specific
project(s) prior to the provision of the same. Should the City determined the pri ' ry vendor's quote too high or
incomplete, the City has the right to obtain a quote from the secondary vendor, irh\order to obtain the required
service in the most expedient manner and at the lowest possible.
54. Additions/Deletions of Services Required
Although this contract identifies specific terms and special conditions for work, it is `hereby agreed and
understood that any other services may be added/deleted to/from this contract at the option\f the City or any
government agency may utilize the same terms, conditions, and pricing by approval from the b'L,dder. The City
of Miami will not be responsible for any agency outside the City of Miami. `
Bid No. 13-14-026
Page 73
When an addition to the contract is required, the successful bidder under this contract shall be invited to submit
price quotes for any new service. If the quotes are comparable with market prices offered for similar work as
described in this contract, they shall be added to the contract whichever is in the best interest of the City of
Miami and an addendum and a separate purchase order or change order shall be issued by the City.
55. Estimated Quantities
ngineering estimated quantities or estimated dollar value are provided for bidder's guidance only. No
g arantee is expressed or implied as to quantities that will be purchased during the contract period. The City is
no obligated to place an order for any given amount subsequent to the award of this bid. Said engineering
esti to may be used by the City for purposes of determining the low bidder meeting specifications. The City
resery s the right to acquire additional quantities at the prices bid or at lower prices.
56. Emergen\ / Disaster Performance
In the even of a hurricane or other emergency or disaster situation, the successful bidder(s) shall provide the
City with theommodities/services defined within the scope of work for this bid at the price contained within
his/her bid ami nt. Further, the successful bidder shall deliver/perform for the City on a priority basis during
such times of eergency.
57. Contract Hierarchy
All of the documents 'i,Q corporated by the Contract Documents shall govern this Project. Where there is a
conflict between any prb ision set forth within the Contract Documents and a more stringent state or federal
provision which is applicable to the Contract Documents exists, the more stringent provision shall prevail. The
order of hierarchy within fke Contract Documents shall be the Contract, Scope of Work, Supplemental
Conditions, General Conditionand last shall be the Instructions to Bidders.
58. Third Party Beneficiaries
Neither Contractor nor the City int nds to directly or substantially benefit a third party by this Contract.
Therefore, the parties agree that they are no third party beneficiaries to this Contract and that no third party
shall be entitled to assert a claim aga'ln®st either of them based upon this Contract. The parties expressly
acknowledge that it is not their intent to cY ate any rights or obligations in any third person or entity under this
Contract.
59. Warranty, Fitness for Purpose
The contractor warrants the materials supplied an the work performed under this contract conform to
warranty materials provided and work performed for\ nne (1) year from date of completion.
In addition to all other warranties that may be supplied 'byy the bidder, the bidder shall warrant its products
and/or service against faulty labor and/or defective materN for a minimum period of one (1) year after the
date of acceptance of the labor, materials and/or equipmen y the City. This warranty requirement shall
remain in force for the full one (1) year period; regardless of likether the contractor is under contract with the
City at the time of any defect. Any payment by the City on behalkaf the goods or services received from the
contractor does not constitute a waiver of these warranty provisioh .
The contractor shall be responsible for promptly correcting any deficiency, at no cost to the City, within five (5)
calendar days after the City notifies the contractor of such deficiency in riting. If the contractor fails to honor
the warranty and/or fails to correct or replace the defective work or items 4hin the period specified, the City
may, at its discretion, notify the contractor, in writing, that the bidder may be ebarred as a City
bidder/proposer and/or subject to contractual default if the corrections or reply ements are not completed to
the satisfaction of the City within ten (10) calendar days of receipt of the notice.1f the contractor fails to satisfy
the warranty within the period specified in the notice, the City may (a) place the co tractor in defaults of its ;
contract, and/or (b) procure the products or services from another contractor and ch ge the contractor for any
additional costs that are incurred by the City for this work or items; either through a cre it memorandum or
through invoicing.
Bid No. 13-14-026 page 74
• 01000 SUPPLEMENTAL CONDITIONS
1. \SCOPE OF WORK:
Th \project consists of complete landscaping maintenance services for the following locations: #1.)
the Dr. MLK'\J,c. Boulevard located along N.W. 62 Street between N.W. 5th Place to N.W. 12th Avenue, #2).
the east and w st embankments of 1-95 ramps intersecting N.W. 62nd Street, #3). the Butterfly Gardens
located east and west of 1-95 and N.W. 54th Street and #4). 118 Traffic Circles and its corresponding round
about areas and/ or\\traffic separators located at each intersection. There are 116 landscaped traffic circles
and 2 completely brio ed, refer to Division 2D for locations. In addition, there will be irrigation services for
the Butterfly Gardens complete landscaping service consists off but is not limited to mowing, weeding,
edging, pruning, trimminN racking, blowing, litter pick up (weekly), mulching, herbicide and insecticide., etc.
on a 26 visit per year ba .'s; litter pick up (cups, paper trash, bags, bottles, etc.) on a weekly basis. In
addition, there will be maim ance services to the irrigation system at the Butterfly Gardens and planting
shrubs and trees as required.
The work performed by th subcontractors cannot be more than 10% of the total work specified in
this contract.
Although there is no pre -bid meting, the contractor must become familiar with the project site and
the existing facilities for preparation of a b . proposal.
NOTE: Additional locations in the City of Mia i for landscaping and irrigation services may be added to this
contract as the maintenance responsibihities are transfer to the Public Works Department. The City
reserves the right to add and subtract of the above mentioned work site location types at its
discretion.
2. QUALITY ASSURANCE
The contractor's superintendent shall be well verged in appropriate maintenance operations and
procedures. All employees shall be competent and skilled i their particular job in order to insure that they
properly perform the work assigned.
All work shall be performed using superior maintenanceandards and techniques. The contractor
shall inform the City two weeks before each clean up work. The ntractor agrees to on -site inspection by
the City Engineer, Project Manager or designated representative.
3. DESCRIPTION OF WORK
Refer to Section 00100- General Instruction to Bidders. All maintenance services shall be on a contract
basis for one (1) year with the option to extend for four (4) additional one ar term periods. This contract
may have additional locations for right of way near these location and shall bpriced equal as the scope of
work in the proposal bid items.
• Dr. MLK JR. Boulevard: bi-weekly landscaping maintenance consist' of mowing, weeding,
edging, pruning, trimming, racking, blowing, litter pick up (weekly), mulching, herbicide and
insecticide; new planting of shrubs (2 and 5 gal.), replacement of the existi landscaping as per
construction plan (Refer to Division 5), mulching using red mulch, install'ng solid sod and
watering new planting according to Division 2A and 2B; adding top soil 50-50. In addition there
will be repairs and replacement to the existing tree grates. In addition, monthly watering will: be
required.
Bid No. 13-14-026 page 75
• The east and west embankments of 1-95 ramps intersecting N.W. 62nd Street: lai-weekly
landscaping maintenance consisting of mowing, weeding, trimming, blowing, pruning, edging,
s\\\\\
racking, herbicide spraying, insect spraying, and weekly litter pick.
• Irrigation system at Butterfly Garden: Due to its accessible location, the irrigation system may be
frequently damaged. The Contractor is responsible to conduct a bi-weekly inspection of the
irrigation system and replace all damaged components. The system consists of underground
PVC piping, plastic spray head, valves, adjustable sensors and two water meters. Refer to
Division 2C. for a comprehensive description of the system. The irrigation system must be
fully functional at all times.
• tterfl Gardens: bi-weekly landscaping and irrigation maintenance consisting of mowing,
weeding, edging, pruning, trimming, racking, blowing, litter pick up (weekly), mulching, herbicide
and i secticide spraying, and weekly litter pick up at both islands; new planting of shrubs (2 and
5 gal.), replacement of the existing landscaping as per construction plan (Refer to Division 5),
mulching sing red mulch, installing solid sod and watering new planting according to Division 2A
and 2B; ageing top soil 50-50.
• 116 Traffic Circles (with landscaping) and 11 triangular areas: bi-weekly landscaping
maintenance coQnsisting of mowing, weeding, edging, pruning, trimming, racking, blowing,
mulching, herbicitt and insecticide, and weekly litter pick; new planting of shrubs (2 and 5 gal.),
replacement of th existing landscaping as per construction plan (Refer to Division 2D for
locations), mulching mg red mulch, installing solid sod and watering new planting according to
Division 2A and 2B; aing top soil 50-50. In addition there will be repairs and replacement to
the existing tree grates. Ih addition, monthly watering will be required. Refer to Division 2D for a
list of 116 traffic circles to b maintained in this contract.
• 2 Traffic Circles (with brick vers): bi-weekly maintenance consisting of weeding, blowing,
pruning, racking, herbicide and i ►sect spraying, and weekly litter pick up. Refer to Division 2D for
locations.
• Tree Planting: "as needed" this item i\cludes the planting, watering, staking, mulching using red
mulch, top soil, etc. and the mainteknce of the proposed trees for a period of one year as
warrantee for its survival. The tree sNcimen shall be determined in the field by the City
Engineer. A minimum of 4" d.b.h. is requNd for new trees. If the proposed tree dies for lack of
proper maintenance by contractor, then theree shall be replaced at no cost to the City of Miami.
Refer to Division 2A —Planting.
• Mulching: At all locations, the contractor shall us mulch as indicated by City Engineer.
• Sodding: this item is for furnishing all labor, mat rial and equipment necessary to install 1,000
square feet of St. Augustine Grass (Floratam) Solidod as per Division 2B. The locations are to
be determined by the City Engineer.
• Contingency Allowance: this fund shall be used to pay farany contingency item that is not part of
the project at the sole discretion of the City.
• Unscheduled Additive Items: At the option of the City, the p' ce below for the items identified by
the City Engineer may be added to the appropriate Base Bid i '4m for determining the total cost of
a Work Order and no additional compensation will be allowed.
The Contractor shall submit for the City's review and approval, a schedule o work describing in detail the
times and dates in which the various tasks required are to be performed. Said s hedule shall be provided 5
days after the pre -construction conference.
4. FENCING AROUND EXCAVATION
At the close of the work day, holidays, and weekdays, the Contractor shall inst' 1 a fence (min. 4 ft.
height) around the perimeter of all excavations. An adequate number of fe e posts shall be
installed to maintain the fence in an upright and taut position. Any variance from his requirement
Bid No. 13-14-026 Page 76
must be approved by the City Engineer. All cost for this requirement shall be considered incidental
to the work and no additional compensation will be allowed.
PROVIDING ACCESS TO RESIDENCES AND BUSINESS ESTABLISHMENTS
uring construction of the improvement, safe access shall be provided by the Contractor to the
e rance of all residences and business establishments. Methods to be used shall be determined
by te Contractor with the approval of the Engineer.
6. PERMIT\S
The Depart ent of Public Works will issue a "no -fee" landscaping permit for this project,
The Contractor ill be required to obtain the "no -fee" excavation permit from the Roadway/ Plans
Development Se On of the Department of Public Works prior to the start of any construction as well
as a Maintenance of Traffic (MOT) permit.
7. MAINTENANCE OF L, NDSCAPING
Existing trees on private prbperty and in the public right of way are to be protected. Trimming of tress
will not be allowed without prior approval from the Engineer. The services of a licensed landscape
contractor shall be retained for ny trimming which is allowed and for all planting and transplanting of
trees as indicated by the Engineer
Landscaping and Structures existin on private property adjacent to the proposed work are to be
maintained and any replacement sh It be of equal or better quality. Cost for maintenance of
landscaping shall be considered as Inc'gental of the job and no additional compensation will be
allowed.
8. ROOT GUARD
Shade trees planted within the public right-of—wy and within close proximity of sidewalks or curbs
will require root barriers, i.e., sections of metal pie or root deflectors under the product name of
"Root Solutions", or approved equal.
9. PLANTING — See attached Division 2A.
10. SODDING — See attached Division 2B.
11. IRRIGATION — See attached Division 2C.
12. TERMS OF THE CONTRACT AND EXTENSIONS
The successful bidder shall be required to enter into a contract with th City of Miami, which shall
include but not limited to, the following terms:
1. The term of the Contract shall be for an initial term of one (1) years, ommencing ten (10)
days after Notice To Proceed. The City shall have the option to extend \�,e Contract for four
(4) additional one (1) year term periods each by giving the Bidder at leapt thirty (30) days
prior written notice.
Bid No. 13-14-026 Page 77
2. Extension of the term of the Contract beyond the initial period is an option to the City to be
exercised in its sole discretion, and which does not confer any rights upon the Bidder, and
shall be based on availability of funding and contractor's performance.
3. The City shall have the right to terminate the Contract, for any reason whatsoever at nay
time, upon thirty (30) days prior notice to the bidder.
4. The City shall have the right to include additional locations and they shall be subject to the
same bid price amount and scope of work as described herein.
13. ICING AND PAYMENT
Bidders shah include in their bid all taxes, insurances, social security, workman's compensation, and any
other benefits ormally paid by the bidder to its employees. No overtime will be authorized by the City
which exceeds ,he rates quoted in this solicitation or not authorized by the City. Payments will be made
monthly, in arrear�ys for services rendered the previous month, upon submission of property certified invoices
and/or approved in, ection reports. All such information shall be provided to the City Engineer for his/her
approval in advance payment. The contractor shall pay his/her employees performing work under this
contract not less than thh'federal minimum wage in effect at the time of the contract.
14. MATERIALS AND EUIPMENT
The bidder shall furnish, at his1ther own expense, all equipment, materials or supplies, including disposal
fees, trash bags, oil, water, etc. necessary for completion of all the services specified in this bid. The
equipment shall include but not be\I,[mited to landscaping equipment, bucket trucks, wood chipper, dump
trucks, crane, etc. all as necessary fi complete the work. The item price must include the disposal of all
debris and litter collected by the scope this contract and no additional compensation will be allowed. The
contractor is not allowed to use the City's`rights of ways for storage of any material related to this contract.
The contractor shall provide for his/hers own\vater.
15. TRAFFIC CIRCLES
The 118 locations for all traffic circles to be maintahed under this contract are listed in Division 2D. Other
locations may be added by City Engineer. The price\ o be used shall be according with the approved bid
item prices and no additional compensation will be alio d.
16. ENVIRONMENTAL PROTECTION
Contractor shall comply with Chapter 17, Environmental Prservation of Miami City Code, and City
Ordinance 12636 and 13085. Any violation of this Code the ctractor will be sole responsible for the
damages and no additional charges will be allowed.
17. CODE COMPLIANCE
All Work shall comply with the Florida Building Code, City of Miami Code, and mi-Dade County Code. Contractor
shall comply with the requirements of Section 114 of the Clean Air Act and Section 08 of the Federal Water Pollution
Control Act as well as any other requirements specified in the Contract Documents.
18 PROPER EQUIPMENT AND OPERATION
The contractor shall comply with the National Environmental Policy Act (NEPA) and Noise Cot of regulation, local;and
The City Code.
Bid No. 13-14-026 Page 78
ATTACHMENT A
Technical Specifications and Drawings
Division 2A- PLANTING
• D'vviision 2B — SODDING
• DiA'on 2C — IRRIGATION
• Divisio D — TRAFFIC CIRCLE AND TRIANGLE AREA LOCATIONS
• Planting P ocedures Details- Misc. 17-293
• Butterfly Garth s Construction Plans
• Dr. MLK Jr. Blvd. Q\onstruction Plans
• Tree Grate Details
• Dr. MLK Jr. Sign
• PW Construction Sign — c. 35-89-5
Bid No. 13-14-026
Page 79
DIVISION 2A -`PLANTING
2A.01PLANTING GENERAL
Th�Contractor shall furnish all labor, materials, and equipment, watering and related work required
to c mplete the work in accordance with the contract documents and specifications.
I. SCHED LING OF WORK: The work shall be as coordinated with other contractors as to prevent
any confli s as to scheduling with others.
II. PERSONNEL; All planting shall be performed by personnel familiar with planting procedures and
under the supervision of a qualified planting foreman who is to be available at the jobsite during the
course of the wo?k.
III. PROTECTION OF TILITIES AND STRUCTURES: Prior to the preparation of planting areas or
plant pits, the Contrallor shall ascertain the location of all electrical cables, all conduits, all utility
lines, oil tanks and supply lines, so that proper precautions may be taken not to disturb or damage
any subsurface improvements. In the event any are uncovered, the Contractor shall promptly notify
the City Engineer, who shall arrange to relocate the plant material, if possible, The Contractor shall
be responsible for any damag to utilities and structures and shall properly maintain the protection of
same.
IV. CLEAN UP:
A. If the Contractor fails to clean up, th_ City may do so and the cost thereof shall be charged to the
Contractor.
V. SUBMITTALS:
A. Unit Prices: The unit prices bid will serve as !qe basis for any required addition or deletion to the
Contract.
B. Materials: Submit four samples each with corres' onding certificates of compliance from the
product manufacturer or supplier for planting soil, rtilizer (analysis card), mulch, galvanized
steel banding, turn buckles, guy wires and painted sal yple of wood braces. Submit these within
thirty (30) days after award of Contract.
C. Schedule: A detailed sequence of planting shall be subm'1ted to the City by the Contractor.
Submit revised schedule when departure from same is necess . y
D. Maintenance Guidelines: Submit detailed maintenance guidelines ,overing fertilization, watering,
spraying, trimming, mulching, and any other pertinent issues relate to landscape work required
to ensure viability of plant material. Submit maintenance guidelines si (60) days after award of
Contract for review by the City or his representatives.
2A.02 MATERIALS
I, COMMERCIAL FERTILIZER:
Rid No. 13-14-026 Page 80
A. Shall be delivered to the site in the original unopened containers, each bearing the
manufacturer's analysis.
B. Fertilizer shall be Mix #5024 (10.5.8) as supplied by ATLANTIC-FLORIDA EAST COAST
FERTILIZER & CHEMICAL, unless noted otherwise, or equal.
II. PLANT MATERIAL:
A. Words "Plant Materials" or "Plants" refer to and include trees, palms, shrubs, and groundcovers.
B. PIkt species shall conform to those indicated on the drawings and in these Specifications.
C. Plart\s shall be sound, healthy, vigorous, free from plant diseases, insect pests, or their eggs and
shall have healthy normal root systems. Plants shall be nursery grown stock, except for site
transpl rated material or freshly dug, balled and burlap plants.
D. All plant shall have been transplanted or root pruned at least once in the three years previous to
contract d fie. Root bound container plants will not be accepted.
E. Collected pas shall be heeled in the nursery for no less than three months prior to final
planting.
F. All plant material ►Yot otherwise specified as being Florida Fancy of Specimen shall be Florida
No. 1 or better quaalty graded in accordance with "Grades and Standards for Nursery Plants"
published by the Stat of Florida Department of Agriculture.
G. Caliper measurement, h ,i ht measurement, height relation to caliper, spread, bare root and ball
dimensions, number of c es, types of vines and ground covers, etc., shall conform to the
applicable standards givenn "USA Standard for Nursery Stock 260.1", sponsored by the
"American Association of Nurserymen, Inc." A minimum of 4" d.b.h., diameter at breast height, is
required for new trees/palms.
H. Plants specified shall be used, su stitutes will not be allowed unless sufficient evidence is
submitted in writing, indicating plant navailability. The Contractor is to submit suggested listing
of substitutes for review and comme t�by the City Engineer. No substitutions shall be made
unless approved in writing. Said substitutes shall be submitted no less than five (5) days after
Award of Contract.
I. Any materials and/or work may be rejected i , in the opinion of the City Engineer such does not
meet the requirements of these Specifications. All rejected materials shall be promptly removed
form the site by the Contractor at his expense.
J. Plants existing on the site and transplanted by the Contractor shall be subject to Contractor's
Guarantee.
K. Plants used where symmetry is required shall be matched nearly as possible. The Contractor
shall tag all trees and palms at the nursery for review bythe City Engineer. The tagging for
review shall be made no less than forty five (45) days prior to�ttle projected installation date. All
material shall be clearly identified by the use of colored vinyl tape The Contractor shall tag 10%
more than the quantities• required and give five (5) days notice mini um prior to nursery visit.
III. SOIL MOIST POLYMERS
Bid No. 13-14-026
Page 81
Provide Soil Moist acrylic copolymers at the rate specified in 28.03.I►I.F to each planting pit/tree or palm
planting location. Contact: Nursery and Landscape Supply (305) 235-9311 or Terra International (305)
� 247-1521.
`
IV\ LANTING SOIL: Shall be as follows:
50% Muck
50% oarse Silica Sand
V. MULCH:§hall be as indicated in the Bid proposal, or Eucalyptus Mulch Grade "A" delivered to the site in
sealed and\ arked bags, or approved equal.
2A 03 EXECUTI N
I. SHIPMENT ANDFLIVERY:
A. The Contractor hall notify the City Engineer 48 hours in advance, when plant material is to be
delivered.
B. Plant material shall e protected from weather, adequately packed to prevent breakage and
drying out during trans!
C. Plants shall not be planted n job until they have been inspected at receiving site, and accepted
by the City Engineer. Plants hick do hot meet specifications for quality herein stated, or plants
that show improper handling, kcarrive on site in an unsatisfactory condition shall be rejected.
Rejected plants shall immediatelley be removed, disposed of by the Contractor and approved
nursery stock of like variety, and age shall be replaced by him without additional
compensation.
D. Final acceptance of plant material will be`given only after material is planted and after meeting
requirements prescribed herein.
II. GUYING AND STAKING:
A. All guying and staking shall be indicated in the Specifi at►ons.
la
B. It shall be the Contractor's responsibility to prevent p is from falling of being blown over, to
restraighten and replace all plants which are damage.
Plants blown over by high winds shall not be caused for additib al expense to the City, but shall
be the responsibility of the Contractor. Damaged plants shall be .placed by the Contractor at no
additional expense to the City, except the Contractor shall not be Id responsible for the loss or
death of any tree, shrub or plant , after being properly planted, as a��sult of hail storms, lighting,
flood, fire or other acts of providence beyond his control.
III. PLANTING OF TREES AND PALMS:
A. Except as otherwise specified, the Contractor's work shall conform to acceed horticultural
practices as used in the trade. \
Bid No. 13-14-026 Page 82
B. Plants shall be -protected upon arrival at the site by being thoroughly watered and properly
maintained until planted. Plants shall be planted within 24 hours after arriving at site, At all times,
workmanlike methods customarily in good horticultural practice shall be exercised.
C. Before digging holes or beds, the location and/or arrangement of the planting shall be staked by
the Contractor and accepted by the City Engineer. The staking should be ready for inspection at
least FIVE (5) days prior to the projected planting date. The stakes shall be #7 Rebar, at least
8" in length and painted with bright red paint.
D. The\existence and location of underground utilities if shown on the plans are not guaranteed and
shall }e investigated and verified in the field by the vicinity of existing structures and utilities shall
be car ully done..
The Contractor shall be held responsible for any damage to, and for maintenance and
protections�for existing utilities and structures.
E. All circular pits v ith vertical sides shall be excavated to sizes and depth as shown in the
Specifications (Mi . 17-293-4) and backfilled with planting soil.
The contractor shall t t fill all tree/palm pits with water before planting to assure proper drainage
and that percolation is vailable. Pits which are found not to be adequately draining shall be
backfilled with coarse gr oel or crushed rock. No allowances will be made for lost plants due to
improper drainage.
F. Backfill with the specified planG'ng soil mix and incorporate a minimum 6 ounces to 9 ounces of
Soil Moist acrylic copolymers venly spread around and adjacent to the rootball mid -way in
depth.
The final level of the ground and that f the sod shall conform to the surrounding grade.
G. The plants shall be set on prepared plan i g soil backfill brought to a height permitting planting at
the same depth the plants grew in the nurs ry.
Upright plants shall be kept in a vertical posit' n. All plants shall be handled by earthy ball only.
Handling by the plant itself will be caused for rej ction of such plants.
H. After placing the plant in the pit, the backfill shal e watered and firmly tampered to ensure
backfill mixture in and about all the roots. All backfi 1 mixture shall be such that no plants will
settle lower than the depth indicated on the drawings.
I. After filling half way on the earth ball, the burlap shall be loosened and laid back off the top of the
ball, or if too bulky, cut away and removed, after which the glance of the pit shall be backfilled
and tamped.
J. All plants shall be thoroughly watered at time of planting and kept dequately watered until time
of acceptance. The Contractor shall provide the means where water es are not available.
K. Apply fertilizer to planting beds and saucer areas as follows:
Trees: One pound per inch trunk diameter. Spread fertilizer evenly about t e base.
Thoroughly water plants before and after fertilization then mulch.
Bid No. 13-14-026 Pag�83
L. Three (3) inches of imu/ch'shall be placed between and around all plant material within 24 hours'
after any planting. For individual plants, the mulch shall be spread to cover the saucer area.
When in place, the mulch is to be watered thoroughly.
M. Pruning shall be done at the time of planting and with due regarded to the natural form and
growth characteristics of each species. All cuts over inch diameter shall be painted with an
acceptable tree wound dressing. Trees with pruned terminal leaders will not be accepted.
N. During the course of planting, excess and waste materials shall be removed daily. All reasonable
precautions shall be taken to avoid damage to all structures and plants. When planting in an area
that has been completed, the area shall be thoroughly cleaned up.
IV. MAINTE NCE PRIOR TO INSPECTION FOR ACCEPTANCE:
ainte
A. M nce shall begin immediately after each plant is planted and shall continue throughout
the course of operations on the site.
1. Plants shbe watered by hose soaking thoroughly each day for the first two weeks (14
calendar da and every other day for the following two week period. Soaking then shall
continue on a ice weekly basis for another period of three weeks, amounting to a total of 45
days after install on. At the end of this hose soaking period, earth saucers shall be collapsed
leaving the guying d/or staking in place, in accordance with these specifications.
B. Plant maintenance shall l elude watering, pruning, spaying, dusting, weeding, cultivating,
mulching, tightening, staking, fertilizing and repairing of braces and guys, replacement of sick or
dead plants, resetting plants t proper grades or upright position and restoration of the planting
saucer, and all other care needed for the planting saucer, and all other care needed for proper
growth of the plants.
All trees and palms shall be watered b > and hosing as follows:
Once a day for the first three weeks after \planting and three timesper week thereafter until
inspection for acceptance.
C. Spraying and Dusting: During the maintenance pe)'iod and up the issuance of certificate of final
acceptance, the Contractor shall do all seasonal spying and/or dusting of plant material. The
materials and methods shall be in accordance with h'hest standard nursery practices and in
accordance with all regulatory agencies having jurisdictio
D. Protection: Planting areas and plants shall be protected against trespassing and damage. If any
plants become damaged or injured, they shall be treated or r laced as directed. No work shall
be done within or over planting areas or adjacent to plants ithout proper safeguards and
protection.
E. Damage resulting from erosion, gullies, washouts or other causes shall be repaired by filling with
topsoil, tamping and re -fertilizing by the Contractor at his expense if suc'l damage occurs prior to
acceptance by the City Engineer.
V. INSPECTION FOR ACCEPTANCE
Bid No. 13-14-026 Page 84\
A. Upon completion of all planting, an inspection for acceptance of work will be held. The Contractor
shall notify the City Engineer for scheduling of the inspection five (5) days prior to the anticipated
inspection date. Partially completed portions will not be inspected.
It is the Contractor's responsibility to ensure that the work is completed and ready for inspection
before calling for same.
At the time of acceptance for inspection, if the materials are in whole or in substantially
acceptance, a written notice will be given by City Engineer that the guarantee period begins from
the date of the inspection.
C. In ease substantial numbers of plants are sick or dead at the time of inspection, acceptance will
not 'e granted and the Contractor's responsibility for maintenance of all the plants shall be
extended until replacements are made.
Replacements shall conform in all respects to the specifications for new plants and shall be
planted in fie same manner. Said replacements are to be made within five (5) days of said
inspection.
D. After the inspectinn for acceptance is made and the work is found to be acceptable, the
Contractor shall continue to hand water all trees and palms three times a week for four (4)
weeks.
VI. PLANT GUARANTEE AND REPLACEMENT
A. Guarantee: All plant materials including site relocated material by the selected contractor shall be
guaranteed for a period of one ye ,C after the date of inspection for acceptance. All plant materials
shall be alive and in satisfactory grove h at the end of the guarantee period. Should the City decide to
purchase the trees, plants and shrub described under the Proposal Unscheduled Additive Items
from an outside vendor, the contractor l only be responsible for the planting. Only then, the plant
guarantee will not be applicable to the sele ted bidder.
B. Replacements: During the guarantee period there shall be monthly inspections between the
Contractor and the City or his representative to liscertain the viability of the plant material. Any plant
that is missing, dead or fails to become establishe due to Contractor's negligence shall be replaced
at no cost to the Owner within ten (10) days after th monthly inspection; -
At the end of the guarantee period, the Contractor sh I notify the City that the project is ready for
final inspection. Any plant that is not alive or fails to sh w satisfactory growth or is missing due to
Contractor's negligence will be removed and replaced at n, cost to the Owner. All replacement after
the final inspection shall carry a six (6) months replacementuarantee. Replacements shall be made
within ten (10) days after final inspection.
C. Materials and Operations: All replacements shall be plants of the ame kind and size specified in the
Plant Schedule. They shall be furnished and planted as speci 'ed with the cost borne by the
Contractor. Please refer to the attached plant schedule.
D. Watering Schedule: Refer to previous Sections.
E. Planting list and quantities for this project. The prices listed for the Unscheduled Additive Items in
the Proposal Pages may be utilized, as directed by the City Engineer as reference only and no
additional compensation shall be allowed.
Bid No. 13-14-026 Fag4.85
DIVISION 2B
SODDING
2B.01 SODDING GENERAL
The other Contract Documents complement the requirements of this section.
SCHEDULING OF WORK: The work shall be as coordinated with other Contractors as to prevent any
nflicts in scheduling with others.
II, PERSQNNEL: All planting shall be performed by personnel familiar with planting procedures and under
the supla.rvision of a qualified planting foreman.
III, PROTECT' N OF UTILITIES AND STRUCTURES: Prior to the preparation of sodding areas, the
Contractor shascertain the location of all electrical cables. All conduits, all utility lines, oil tanks and
supply lines, sb,, that proper precautions may be taken not to disturb or damage any surface
improvements. T`- Contractor shall be responsible for any damage to utilities and structures and shall
properly maintain the protection of same.
IV. CLEAN UP:
A. The Contractor at all times shall keep the premises free form accumulation of waste materials or
rubbish caused by his operations. At the completion of the work, he shall remove all waste materials
and rubbish from the projec ite as well as all his tools, construction equipment, machinery and
surplus materials and shall clew \all surfaces and leave the project site "broom clean".
B. If the Contractor fails to clean up,'t\e Owner may do so and the cost thereof shall be charged to the
Contractor.
V. SUBMITTALS: Submit samples of planting Q,1 blanket mix and four (4) samples each of the Certificates
of Compliance, fertilizer analysis tags, and sod certification.
war
Provide said submittals thirty (30) days after A eof Contract.
2B.02 MATERIALS
I. SOIL BLANKET: As supplied by MORRIS MAGIC SOIL or�kqual. Soil shall be 40% everglades peat and
60% fine lawn sand thoroughly mixed. No site mixing shall be\ Hawed,
II. COMMERCIAL FERTILIZER: Mix #2024 (10.8.6) as supplied by ATLANTIC - FLORIDA EAST COAST
FERTILIZER & CHEMICAL, or equal. Fertilizer shall be delivered tb site in unopened containers which
shall bear manufacturer's guaranteed statement of analysis or manufacturer's Certificate of
Compliance covering analysis. Furnish guarantee statement of certificat of compliance to the Owner or
his representatives.
III. SOD:
A, Sod shall be St. Augustine Grass (Floratam) Solid Sod.
B. All sod shall be of firm texture, having a compacted growth and good root a'e�velopment. Sod
shall contain no weeds or objection vegetation, and be free from fungus, vermik or diseases.
Before being cut and lifted, sod shall be mowed three (3) times with the final mown. c not mote
than a week before cutting into uniform dimensions. Certifications as to type of grass and other
requirements shall be made and submitted to the Owner or his representative.
Bid No. 13-14-026 Page 86
TV. SAND: Provide clean, fine sand.
V. WATER: Potable. The Contractor is responsible for providing water even if none is available on the site,
', .03 EXECUTION
I. ENERAL: Fine grades all lawn and planting areas,
II. SO ING: Under this section, the Contractor shall perform the preparation of the areas to be sodded as
herei specified,
A. T , Contractor shall remove all existing grasses and weeds from the areas to be sodded.
The Cont ctor shall smooth out all areas to establish an even grade for sod planting. All areas shall
be gra d to drain.
B. Remove all ock or foreign material one inch or greater in diameter and lay 2 inches of soil
blanket unifor N ly and thoroughly incorporated into top most 4 inches of soil.
C. Surface shall be •lied to achieve a smooth, even shape and grade. During the rolling, all
depressions caused .y settlement or rolling shall be filled with by additional topsoil and the
surface shall be regrad and rolled until presenting a smooth and even finish.
D. The Contractor should call an inspection for approval of graded areas prior to sodding.
E. Water the soil 24 hours prior to s`gdding.
F. Sod panels shall be laid tightly toge Der with staggered joints so as to make a solid lawn area.
Immediately following sod laying, the wn areas shall be rolled with a lawn roller customarily
used for such purposes, and then thorou rly watered immediately. During delivery, prior to and
during the planting of the lawn area, the so panels shall at all times be properly protected from
excessive drying and unnecessary exposureV the roots to the sun, All sod shall be stacked
during construction and planting, so as not to b damaged by sweating or excessive heat and
moisture.
G. After sod has been planted and rolled, thoroughly ter and fertilize at the rate of ten (10)
pounds per 1,000 square feet of area. Thoroughly water I sodded areas.
H. The finished level of sod areas after rolling and tamping shall e 1/z inch below the top of abutting
paved areas.
I. During the sodding operations, excess and waste materials ' all be removed daily. All
reasonable precautions shall be taken to avoid damage to all str ctures and plants. When
sodding in an area has been completed, the area shall be thoroughlyeaned up.
ITT. MAINTENANCE PRIOR TO INSPECTION FOR ACCEPTANCE:
Maintenance shall begin immediately after sodding is executed and shall continueaccordance
with the following requirements:
B(d No. 13-14-026
Page 87
A. The Contractor shall be held responsible for maintenance of sodded areas, including watering,
spraying, weeding, mowing and replanting as necessary to establish a uniform stand of the
specific grass and until acceptance. After the grass has started, all areas and parts of areas
which fail to show a uniform stand of grass, for any reason whatsoever, shall be replanted,
repeatedly if necessary, until all sodded areas are covered with satisfactory growth of grass.
Sodded areas shall be protected against trespassing damage. If any sod becomes damaged or
injured, it shall be replaced as directed. No work shall be done within or over sodded areas
without proper safeguards and protection.
C. Watering of all non -irrigated sodded areas shall be done from a watering truck, no temporary
irrigathQn heads will be allowed. All sodded areas are to be watered to provide at least one (1)
inch of water per week in biweekly applications. Watering is to continue until inspection for
acceptanC�is made and approved by the Owner. All watering is to be done in the presence of
the Owner at- his representative.
D. Damage resultin'g form erosion, gullies, washouts or other causes shall be repaired by filling with
lawn sand, tamping refertilizing and resodding by the Contractor at his expense if such damage
occurs prior to acceptance.
IV. INSPECTION FOR ACCEPTA
A. Upon completion of all soddih operations, an inspection for acceptance of work will be held. The
Contractor shall notify the Ow�-r or his representatives for scheduling of the inspection ten (10)
days prior to the anticipated inspection date.
B. At the time of acceptance inspection, if the materials are in whole or in substantially acceptance,
a written notice will be given by the Owner or his representative to the Contractor that the
guarantee period begins from date of inspection.
C. In case substantial areas of sod are sickly or dead at the time of inspection, acceptance will not
be granted and the Contractor's responsibilit(or maintenance of all the sodded areas shall be
extended until replacements are made. Reply cements shall conform in all respects to the
specifications for new sod and shall be planted ine same manner.
V. SOD GUARANTEE AND REPLACEMENT:
A. Guarantee: Sod shall be guaranteed for a period of ninety (90) ds after the date of inspection for
acceptance under Paragraph IV of this Section, and shall be alivepd in satisfactory growth at the
end of the guarantee period.
B. Replacement: During the guarantee period the Owner and the Contractor shall schedule monthly
inspections. Any sod that is dead or not in satisfactory condition shall be eplaced within ten (10)
days of the inspection.
At the end of the guarantee period a final inspection will be held, the Contracto shall then proceed
to replace sod that is dead or not in satisfactory condition, said replacement shall rry a ninety (90)
days replacement guarantee.
Bid No. 13-14-026 Page 88
C. All non -irrigated sodded areas shall be watered as described under 2B.03.JII.C. for four (4) weeks
after the inspection for acceptance. All watering to be done in the presence of the Owner or his
representative.
D. Materials and Operations: All replacements shall be sod of the same kind as specified in these
Specifications. It shall be furnished and planted as specified with the cost borne by the Contractor at
no additional cost to the Owner.
VI. MAI TENANCE GUIDELINES:
The Cont ctor shall supply the Owner with a detailed maintenance schedule for, all sodded areas thirty
(30) days a t-r Award of Contract.
Bid No. 13-14-026 Page 89
DIVISION 2C
IRRIGATION
IRRIGATION TECHNICAL SPECIFICATIONS AND DETAILS (EXISTING SYSTEM)
SYSTEM DESCRIPTION:
This is a fully automatic system - Solatrol solar powered controllers is recommended. Emitters are BIBCO turf
Ikubblers. They are spaced approximately 5 ft on center. These are pressure regulated emitters that screw into
a 4andard %z" FIP PVC fitting. The emitter tube comes to the surface. This system can be observed in
opertion. There is no sprinkler equipment above ground to sustain damage from mowers, o weed eaters.
2. SYSTEM PIPE:
All pipe is lass 200 PVC or heavier. System main is Schedule 40 PVC pipe. All fittings are solvent weld Sch.
40 fittings u e less otherwise indicated in these specifications. Bell and 0 ring main is class 200 fittings and pipe
ends shall be leaned with an all purpose pipe cleaner prior to applying glue. Main is a minimum 36" of cover;
all other pipe is minimum 8" of cover. See detail for correct depth so that emitter tube is at surface following
installation. Backfi�shall be free of debris or sharp objects. No rock larger than 1/2" shall be in contact with PVC
lines anywhere. All pipes above ground are galvanized, copper, bronze or welded ductile iron.
3. SLEEVES:
All pipes under paving / Oks are sleeved with schedule 40 PVC pipe. Replacement of any sleeves installed
under roadways, shall be irlpected as per local codes for proper earth compaction around sleeves. Road
sleeves extend two feet beyond edge of road. Walk sleeves extend one foot into landscape area.
4. CONTROLLERS:
If replacement is necessary, a Sol VI LEIT 8000 solar powered controller will be installed. Pedestal
installation as per manufacturer's recommendations.
5. CONTROL WIRE:
Installed as recommended by the controlle \sianufacturer. Control wire shall be UL approved, solid core, PE or
PVC covered irrigation control wire. Use 14,ge control and 12 gage ground wire. All splices and connections
at valves to be made with .3M brand DBY Diret Burial Splice Kit. All wire to be brought back to controllers. All
wire to be encased in UL approved PVC conduitVire pull junction boxes are utilized and installed a maximum
of 190' apart and placed in 10" Carson or other appr\oved valve boxes. Replacement of any conduit installation
under the pavement shall be by pulling under the pa' •ment rather than opening a trench.
6. WATER SOURCE:
City water meters are existing. Meters are assumed to be 1/2" meters. The City is responsible for paying the
irrigation water bill.
7. BACKFLOW PREVENTION:
A Pressure Vacuum Breaker — Wilkins Model 720A with ball shut ff valves installed from the factory (or equal)
Backflow Prevention Assembly installed as per local code at the war source, between the meter and the
electric master valve.
8. MASTER CONTROL VALVE:
Presumed to be existing.
9. ELECTRIC CONTROL VALVES:
Hardie (Irritrol) 100FC series 24 volt electric valves or Rainbird PGA electric valy s. Valves are equipped with
Solatrol solenoid as required to operate with the Solatrol controller. All valves are ftvsed in 16" x 12"
rectangular Carson. 1419E valve boxes or larger as required and installed as per details.
Bid No. 13-14-026 Page 90
DIVISION 2C
IRRIGATION
RRIGATION TECHNICAL SPECIFICATIONS AND DETAILS (EXISTING SYSTEM)
0. REPAIRS AROUND EXISTING TREES:
Trenches in and around existing trees must be hand dug. Extreme care must be used to prevent damage to
he root system of existing trees. Roots larger than 1 '/" in diameter shall not be cut. Soil beneath roots must
bexcavated so that the sprinkler lines can be carefully placed through and beneath the existing roots, at the
proper depth, as called for in the specifications. Backfilling in these areas shall be done by washing the soil
back iQto the trenches to prevent forming of any air pockets around the existing root system.
11. WORKAI ILITY:
Due to its Qcessible location, the irrigation system may be frequently damaged. The Contractor is responsible
to conduct a b\i-weekly inspection of the irrigation system and replace all damaged components. The irrigation
system must fully functional at all times.
Bid No. 13-14-026 Page 91
DIVISION 2D
TRAFFIC CIRCLES AND
TRIANGLE AREAS
T v 118 Traffic Circle locations to be maintained are listed below. There are 116 Traffic Circles with
lan iscaped areas. There are two (2) Traffic Circle locations with brick pavers are located at SW 24 Ave &
SW '4\\4 St and SW 29 Ave & SW 11 St. And there are eleven (11) triangular areas to be landscaped.
Locati&ns may be added or removed at the discression of the City Engineer.
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SW 20t \Road/5th ave
3
yes
yes
No
yes
2
SW 20th Ro d/7th ave
3
yes
yes
1 Welcome
Sign
yes
3
SW 22nd Road/ h ave
3
yes
yes
No
yes
5
SW 23rd Road/7th a
3
yes
yes
No
yes
6
SW 24th Road/9th ave
3
yes
yes
1 Welcome
Sign
yes
7
SW 25th Road/4th ave
3
yes
yes
1 Welcome
Sign
y es
8
SW 25th Road/5th ave
yes
yes
No
yes
9
SW 25th Road/2nd ave
3
yes
yes
1 Welcome
Sign
yes
9
SW 26th Road/2nd ave
3
y s
yes
1 Welcome
Sign
yes
10
SW 26th Road/7th ave
3
yes
yes
No
yes
11
SW 27th Road/4th ave
3
yes
`yes
No
yes
12
SW 28th Road/2nd ave
3
yes
yes
1 Welcome
Sign
yes
13
SW 28th Road/5th ave
3
yes
yes
No
yes
14
SW 28th Road/7th ave
3
yes
yes
Welcome
Sign
yes
15
SW 29th Road/4th ave
3
yes
yes
2 W come
Si
yes
16
SW 31 st Road/4th ave
3
yes
yes
No
yes
17
S.Miami ave/15th rd
3
yes
yes
No
yes
Bid No. 13-14-026
Page 92
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vi� A _."�i3
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Yes
Yes
No
18
SW 18th ave/24th terr
4
9
SW 18th ave/22nd Terr
4
Yes
Yes
yes
No shrubs
20\
SW 19th ave/23rd st
4
Yes
Yes
No
Yes
21
W 19th ave/24th st
4
Yes
Yes
No
Yes
22
SW 1st ave/24th terr
4
4
23
SW 23rd ve/24th terr
4
Yes
Yes
Yes
No shrubs
24
SW 24th ave/ 4th st
4
Yes
Yes
No
Yes
25
SW 24th ave/25th , t
4
Yes
Yes
No
Yes
26
SW 24th avel26th st
4
No
No
Yes
Yes
27
SW 24th ave/27th st
4
No
Yes
Yes
Tree only
28
SW 24th ave/22nd terr
\ 4
\
Yes
No
No
Yes
29
SW 25th ave/23rd st
Yes
Yes
No
Yes
30
SW 25th ave/24th terr
4
\Yes
Yes
No
Yes
T4!
ri Ai �
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SW 16th ave120th st
mac.
3
_._,
Yes
__ ._
Ye
F
sj _
No
Yes
32
SW 16th ave/19th st
3
Yes
Yes
No
Yes
33
SW 16th Ave/SW 11 th st
3
Yes
Yes
Yes
Yes
34
SW 18th ave/SW 13th st
3
Yes
X
Yes
Yes
35
SW 16th ct/23rd st
3
Yes
Yes
No
\
`�
`
Yes
Bid No. 13-14-026
Page 93
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6
SW 18th ave/16th st
4
Yes
Yes
No
Yes
37\
SW 19th ave/17th st
4
Yes
Yes
No
Yes
38
W 19th ave/19th st
4
Yes
Yes
Yes 1 wood
sign
Yes
39
SW 9th ave/21 st st
4
No
No
No
Yes
40
SW 21 suave/16th st
4
Yes
Yes
No
Yes
41
SW 23rd A 11 th st
4
No
No
No
Yes
42
SW 23rd ave/20st
4
No
No
No
Yes
43
SW 24th ave/10th st
4
Yes
Yes
No
only 1 palm
tree
44
SW 24th ave/14th st
4
Yes
No
No
No
45
SW 24th ave/16th st
4
Yes
Yes
No
No
46
SW 24th ave/18th st\
No
No
No
Yes
r f
is
.�-�= .�
47
NE Bayshore ct/73rd st
5
No
No
4
Yes
48
Belle Meade Isle Dr/NE 8th
ct
5
No
�No
4
Yes
49
NW 50th St/ NW 10th ave
5
No
N
4
Yes
50
NW 20th st/4th ct
5
No
Yes
No
Yes
51
NW 4th ave/15th st
5
No
Yes
N
Yes
52
NE 5th ave/77th st
5
No
Yes
No
NA
Bid No. 13-14-026
53
5
55
NE 5th ave/56th st
NE 6th ct/56th st
.Bayshore Dr/ NE 57th st
2
56
NE th ct/59th st
2
57
N.Baysfl\ore Dr/ NE 59th st
2
No
Yes
No
Yes
No
Yes
No
Tree only
Tree only
Tree only
No
Tree only
No
Tree only
Wit,
_
P.6`•.!'......_
l'S'-:
58
maima
SW 29th ave/10t st
4
�n_
Yes
_ .-3,' M13
No
No
Yes
59
SW 29th ave/11 th st
4
Yes
No
No
Yes
60
SW 29th ave/14th st
4
Yes
No
No
Yes
61
SW 31st ave/14th st
4
Yes
No
No
Yes
62
SW 16th terr/Coral Gate Dr
4
Yes
No
No
Yes
63
SW 17th st/Coral Gate Dr
4
Yes
No
No
Yes
64
SW 21 st st/Coral Gate Dr
4
\Yes
No
Yes
Yes
65
SW 32nd ct/18th st
4
YX
No
No
Yes
66
SW 33rd ave/21 st st
4
Yes
No
No
Yes
67
SW 37th ave/20th st
(Entrance)
4
No
es
No
Yes
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—
68
Tigertail/Crystal Ct
2
No
No
No
Plant only
69
Tigertail/Calusa St
2
No
No
No
Yes
70
Morris Ln./S of Tigertail
2
No
No
No
\ Yes
71
End of Rockerman Road/E
of S. Bayshore
2
No
Yes
No
\Yes
�\
72
Lime Ct/E of Virginia St.
2
No
No
No
Yes\
Bid No. 13-14-026
Page 95
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dk �is i' .-.If1"
'-
1 73
Irvington Ave West to SW
37th Ave
2
No
No
No
Yes
74
Battersea Road/Surrey Dr.
2
No
Yes
No
Yes
75\
Battersea Road/Cultry Dr.
2
No
No
No
Yes
76
attersea Road/Mayfair Dr
2
No
Yes
No
Yes
77
En f Battersea
Road/lkisc. Bay
2
No
No
No
big tree only
78
End o ewart Road/Bisc.
Bay
2
No
No
No
Yes
79
Franklin Ave/ laza St.
2
Yes
No
Yes
Yes
80
Franklin Ave/Ro I Rd
2
Yes
No
Yes
Yes
81
Virginia St/Shipping A \e
2
Yes
No
No
Yes
-,
��
��
3�
82
_
NW 39th avel2nd st
4\\
�,
Yes
No
Yes
Yes
83
NW 39th ave/3rd st
4 \
Yes
No
Yes
Yes
84
NW 40th ct/5th st
4
s
No
Yes
Yes
85
NW 58th ave/2nd st
4
Yes
No
Yes
Yes
86
NW 63rd ave/2nd st
4
Yes
\No
Yes
Yes
87
SW 40th avel2nd terr
4
Yes
No
No
No
88
SW 43rd ave/5th terr
4
Yes
No
No
No
89
SW 45th ave/4th st
4
Yes
No
o
Yes
90
SW 47th ave/2nd st
4
Yes
No
Yes
Yes
91
SW 47th ave/5th st
4
Yes
No
Yes
Yes
Yes
\\:92
SW 48th ave/4th st
4
Yes
No
No
93
SW 48th ave/5th terr
4
Yes
No
Yes
Bid No. 13-14-026
Page 96
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94
SW 51 st ct/6th st
4
Yes
No
No
Shrubs only
95
SW 53rd Ave/SW 6th St
4
Yes
Yes
Yes
No
96
W 53rd Ave and SW 4th
4
Yes
Yes
Yes
Only Trees
97
SW ' nd ave/5th st
4
Yes
No
Yes
Yes
98
SW 55th A ve/5th Terrace
4
Yes
Yes
Yes
Yes
99
SW 68th ave 3rd st
4
Yes
No
Yes
Yes
100
SW 59th ave/4t` st
4
Yes
No
Yes
Only shrubs
101
SW 63rd ave/4th s
4
Yes
Yes
No
Only 1 tree
102
SW 65th ave/4th st
4
Yes
Yes
No
No
103
SW 66th Ave/2nd St
4
No
Yes
No
Trees only
104
SW 68th ave/4th st
4
Yes
Yes
No
Yes
105
SW 68th ave/6th st
4
Yes
Yes
Yes
Yes
106
NW 47th ave/4th st •
4
Yes
No
Yes
Yes
107
SW 63rd ct/2nd st
4
o
Yes
Yes
Only Trees
108
SW 63rd ct/6th St
4
No
Yes
No
1 tree
109
NW 62nd Ave/2nd St
4
Yes
o
No
Yes
110
NW 66th ave/2nd st
4
No
Yes
No
Tree only
111
SW 62nd ave/6th st
4
Yes
No
Yes
Only Shrubs
112
Tamiami Canal Road/ SW
6th St
4
Yes
No
No
No
113
Ave Tamiami Blvd/ SW 72nd
4
Yes
Yes
No
Trees only
114
Ave Flagami Blvd./ SW 72nd
4
Yes
Yes
No
No
115
Flagami Blvd./ SW 4th St
4
Yes
Yes
No
No
116
Tamiami Blvd/ SW 4th St
4
Yes
Yes
Yes
Ye'
Bid No. 13-14-026
Page 97
The 11 triangle areas to be included in this contract are.
. SW Flagami Blvd and SW 8th Street
SW Tamiami Blvd and SW 8th Street
W 73rd Ct and SW 8th Street
4. N 15th St and 8th Ave
5. NW 3th Ave and North of NW 7th Street
6. NW N. 11verDrand 22' PL
7. NW 14th btw S River Dr and 20th Ct
8. NW 28th Ave rid NW 14th St
9, NW 14th St btw River Dr and 20th Ct
W. SW 31st Ave and S
11. SW 31st Ave and S
5th Street
th Street
Bid No. 13-14-026 Page 98