HomeMy WebLinkAboutInvitation for BidADDENDUM NO. 3
December 6, 2017
Invitation for Bid (IFB) No. 717381, for US-1 Landscape Maintenance
TO: ALL PROSPECTIVE BIDDERS:
The following changes. additions: clarifications, and deletions amend the IFB documents of the above
captioned IFB, and shall become an integral part of the Contract Documents. Words and/cr figures
stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining
provisions are now in effect and remain unchanged. Please note the contents herein and reflect same
on the documents you have on hand.
A. Attachment B - Price Schedule has been deleted in its entirety, and replaced with Attachment
B — Revised Price Schedule (12-6-17).
B. The following are the City's responses to the questions received from prospective Bidders:
Q1. US1, SW 27° Avenue and SRO are all Federal Highways, will Maintenance of Traffic ('MOT"). in
addition to the Florida Depa rnent of Transportation ("FDOT") permits be required to perform regular
or additional services. and are any other permits required frorn the Federal Highway office?
Al. No.
Q2. Currently. the area of the "pink wall' on US-1 can only be done on Saturdays due to weekday traffic,
will that still be the case on this contract?
A2. Yes.
Q3. Please clarify areas included for maintenance along 27'' Avenue. Is it both right of ways (swales),
and the medians?
A3. Yes, maintenance along 27th Avenue is for both.
Q4. Pursuant to item 7, Litter and Debris Pick-up, is Successful Bidder responsible for illegal dumping,
storm debris, excessive litter, and 2) will there be additional compensation for these call -outs if
scheduled maintenance and litter control were performed?
A4. This is an additional cost, at the discretion of the Engineer/Project Manager Call -outs are separate
from the scheduled litter control and will be negotiated accordingly.
Q5. Is Successful Bidder responsible for the protection of planting areas and plants from car accidents,
or other incidents out of Successful Bidder's control?
A5. Pursuant to Section 3.2, under Section IL, Guying and Staking. "Damaged plants shalt be
replaced by the Successful Bidder {s) at no additional expense to the City, except the
Successful Bidder (s) 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".
Q6. Is Successful Bidder responsible for damages/loss due to wash -cuts to plant material prior to
acceptance by City's Project Manager or designee?
A6. Yes.
Q7. Is the Successful Bidder responsible for relocated material for a period of one (1) year after date of
inspection for acceptance?
A7. Yes, all plant material to include relocated plant material is to be guaranteed for one (1) year
from the date of acceptance.
Q8. is watering of all non -irrigated sodded areas done weekly. bi-weekly, or as directed by the City's
Project Manager or designee?
A8, Pursuant to Section 3,3, under Section III (C), Maintenance Prior to Inspection for
Acceptance, "Watering of all non -irrigated sodded areas shall be done from a watering truck,
no temporary irrigation heads wilt be allowed. All sodded areas are to be watered to provide
at least one (1) inch of water per week in bi-weekly applications. Watering is to continue until
inspection for acceptance is made and approved by the City's Project manager or designee.
All watering is to be done in the presence of the City's Project manager or designee".
Q9. Will Attachment B-Price Schedule be provided in excel format?
A9. No. However, see Item A regarding Revised Price Schedule.
Q10, Pursuant to line 52, can the City provide a total square footage of all landscaped areas included in
this IFB?
A10. No, this information is not available at this time.
Q11. Pursuant to line 53, is the price per application, or per tree/palm?
Alt The price is per tree/palm.
Q12. Is the bid submittal location City of Miami -City Clerk. 3500 Pan American Drive, Miami. FL 33133?
Al2. Yes. Keep in mind submittal deadline is Wednesday, December 13, 2017, 2:OOPM.
nnie Perez, CPPO, Directpt2
City of Miami Department of Procurement
c: IFB File
U5-1
LANDSCAPING MAItITENANCE
Addendum 3
Bid No.: 717381
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ADDENDUM NO. 2
Invitation for Bid {IFS) No. 717381, US-1 Landscape Maintenance
TO: ALL PROSPECTIVE BIDDERS:
DRNILIJ ALEWISO
Mititagcr
December 1, 2017
The following changes, additions. clarifications, and deletions amend the IFB documents of the above
captioned IFB, and shall become an integral part of the Contract Documents, Words and/or figures
stricken through shall be deleted. Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged Please note the contents herein and
reflect same on the documents you have on hand.
The duo date for this IFB has been extended to Wednesday. December 13, 2017, 2:00PM.
ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME.
APIpb
Go. IFB Fite
l'a,4e I
Sincerely,
nie Perez, CPPO
irector/Chief Procurement Officer
Tit Riami
ANNI E. I't REL_, LAT.) DANIEL 1. AI t)N'O
(.-111Sr w°�"::.t IE'iitittii E)r :i t`U' rail 1::(ALE,t�F.Y
ADDENDUM NO, 1
IFB No. 717381 November 20, 2017
Invitation for Bid (IFB) for US-1 Landscape Maintenance
TO: ALL PROSPECTIVE BIDDERS:
The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned
IFB, and shall become an integral part of the Contract Documents. Words and/or figures stricken through
shall be deleted. Underscored words andlor figures shall be added. The remaining provisions are now in
effect and remain unchanged. Please note the contents herein and reflect same on the documents you have
on hand.
Section 2.13, Bid Bond has been revised to include the following language.
All Responses to this IFB shall be in Hard Copy Format as defined in Section 1.60, Preparation of Resoonses
(Hardcopy Format), and delivered to the Hard Copy Submittal Location on the front cover.
Ali 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. 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, or by money order, certified check, cashier's
check, Uncondtionalilrrevacable Letter of Credit. treasurer's check or bank draft of any national or state bank (United
States), in the amount of five percent (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 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) calendar days after the award and Successful Bidder's
acceptance of award. If ninety (90) calendar 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
AP/ppb
Cc: IFB File
Sincerely,j/
i f
nnie Perez. CPPO
Director/Chief Procurement Officer
Page 1
City of Miami
Invitation for Bid (IFB)
Web Site Address:
Procurement Department
Miami Riverside Center
444 SW 21d Avenue, 6," Floor
Miami, Florida 33130
r, rr •rp rl
IFBNumber:
Title:
Issue Date/Time:
IFBClosing Date/Time:
Pre-Bid/Pre-Proposal Conference:
Pre-Bid/Pre-Proposal Date/Time:
Pre-Bid/Pre-Proposal Location:
Deadline for Request for Clarification:
Contracting Officer:
Hard Copy Submittal Location:
Contracting Officer E-Mail Address:
Contracting Officer Facsimile:
717381,3
Invitation for Bid for US-1 Landscape
Maintenance
06-DEC-2017
13-DEC-2017 @ 14:00:00
None
November 27, 2017 @ 5:00 PM
Bethel, Pearl
City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
PBethel@miamigov,com
(305)400-5340
Page I of 52
Certification Statement
Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and
retain a copy for your files. Prices should include all costs, including transportation to destination. The
City reserves the right to accept or reject all or any part of this subrnission. Prices should be firm for a
minimum of 180 days following the time set for closing of the submissions.
In the event of errors in extension of totals, the unit prices shall govern in determining the quoted
prices.
We (I) certify that we have read your solicitation, completed the necessary documents. and propose to
furnish and deliver, F.O.B. DESTINATION, the items or services specified herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as set in section
18-107 or Ordinance No. 12271.
Alt exceptions to this submission have been documented in the section below (refer to paragraph and
section).
EXCEPTIONS:
We (I) certify that any and all information contained in this submission is true: and we (I) further certify
that this submission is made without prior understanding. agreement, or connection with any
corporation. firm, or person submitting a submission for the same materials, supplies. equipment. or
service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and
conditions of this solicitation and certify that 1 am authorized to sign this submission for the submittnr.
Please print the following and sign your name:
PROPOSER NAME.
ADDRESS•
PHONE: FAX.
EMAIL: CELL(Optional)•
SIGNED BY.
TITLE: DATE:
FAILURE TO COMPLETE, SIGN, AND RETjJRN THIS FARM SHALL DISQUALIFY THIS
RESPONSE.
Page 2 of 52
Certifications
Legal Name of Firm:
Entity Type: Partnership, Sole Proprietorship. Corporation, etc.
Year Established:
Office Location: City of Miami, Miami -Dade County, or Other
FEI/EIN No.:
Occupational / Business License Number:
Occupational / Business License Issuing Agency:
Occupational / Business License Expiration Date:
Will Subcontractor(s) be used? (Yes or No) If _yes, provide Subcontractor(s) information on Attachment
C - Supplement to Bid. The Work performed by all Subcontractors listed cannot be more than ten
percent (10%) of the total Work for this Contract.
Please list and acknowledge all addendum / addenda received. List the addendum / addenda number and
date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum / addenda was / were issued, please
insert N/A.
If Bidder has a Local Office, as defined under Chapter 18 / Articlle III, Section 18-73 of the City Code,
has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office
Certification" forth located in the Header / Attachments Section of this solicitation? (Yes or No)
Page 3 of 52
Line: 1
Description; Bidders are not required to enter a unit price on this line. Bidders shall submit their
prices on Attachment B - Price Sheet, located in the Header/Attachments Section of this
Solicitation in the OracleliSuppiier Sourcing System.
Category: 98852-00
Unit of Measure: Dollar
Unit Price: $ Number of Units; 1 Total: $
Page 4 of 52
Invitation for Bid (1FB) 717381,3
Table of Contents
Terms and Conditions 6
1. General Conditions 6
1.1. GENERAL TERMS AND CONDITIONS 6
2. Special Conditions 25
2.1. PURPOSE 25
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFOR;MIATION/CLARIFICATION 25
2.3. PRE-BID/PRE-PROPOSAL CONFERENCE 25
2.4. TERM OF CONTRACT 25
2.5. CONDITIONS FOR RENEWAL 25
2.6. BIDDERS MINIMUM QLAL.II' /CATIONS 25
2.7. SUBCONTRACTOR(S) 26
2,8. REFERENCES 27
2.9. ,METHOD OF AWARD 27
2.10, TIE BIDS 27
2.11. INSURANCE REQUIREMENT'S 28
2.12. ADDITIONS/DELETIONS OF LOCATIONS/ITEMS/PRODUCTS!SERVICES/VENDORS 30
2.13. BID BOND 30
2,14. PERFORMANCE BOND 30
2.15. CITY OF MIAMI LIVING WAGE ORDINANCE 31
2.16. PRICE ADJUSTMENTS 31
2.17. PROJECT MANAGER 32
2.18. LABOR, SUPERVISION. AND EQUIPMENT 32
2.19. PERSONNEL 32
2.20. SUPERVISION 32
2.21. INVOICING 32
2.22. METHOD OF PAYMENT 33
2.23. NON -APPROPRIATION OF FUNDS 33
2.24. QUALITY OF WORK 33
2.25. COMPLETE PROJECT REQUIRED 33
2.26. RESPONSE TIME 33
2.27. FAILURE TO PERFORM , 34
2.28. USE OF PREMIS1S 34
2.29. PUBLIC CONVENIENCE AND SAFETY 34
2.30. SAFETY MEASURES 34
2.31. DAMAGES TO PUBLIC/PRIVATE PROPERTY 35
2.32. LIQUIDATED DAMAGES 35
2.33. EMERGENCY/ DISASTER PERFORMANCE 35
2.34. TERMINATION 35
2.35. ADDITIONAL TERMS AND CONDITIONS 36
3. Specifications 37
3.1. SPECIFICATIONS/SCOPE OF WORK 37
3.2. PLANTING 42
3.3. SODDING 48
Page 5of52
Terms and Conditions.
1. General Conditions
Invitation for Bid (IFB) 717381,3
1.1. GENERAL TERMS AND COND€TIONS
Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services
with an estimated aggregate cost of twenty-five thousand dollars ($25,000.00) or more.
Definition: A Formal Solicitation is defined as issuance of an Invitation for Bids. Request for Proposals, Request
for Qualifications. or Request for Letters of Interest pursuant to the City of Adiarni Procurement Code and/or Florida
Law, es amended. Formal Solicitation and Solicitation shall be defined in the same manner herein.
1.1. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this Formal
Solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the
good is made. and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be
fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the
City are found to he defective or does not conform to specifications, the City reserves the right to cancel the order
upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense.
1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation Response shall be
considered an offer on the part of the Bidder/Proposer: such offer shall be deemed accepted upon issuance by the
City of a purchase order.
1.3. ACCEPTANCE/REJECTION - The City reserves the right to accept or reject any or all Responses or parts of
after opening/closing date and request re -issuance on the goods/services described in the Formal Solicitation. In the
event of' such rejection. the Director of Procurement shall notify a!1 affected Bidders;`Proposers and make available a
written explanation For the rejection. The City also reserves the right to reject the Response of any Bidder/Proposer
who has previously failed to properly perform under the terms and conditions of a Contract. to deliver on time
Contracts of a similar nature. and who is not in a position to perform the requirements defined in this 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..
1.4. ADDENDA — It is the Bidder's/Proposer's responsibitity to ensure receipt of all Addenda. Addenda are
available at the City's website at: hup://www.ci.miami.fl.us!procurement
1.5. ALTERNATE RESPONSES WILL NOT BE CONSIDERED.
1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of
the resulting Contract, or anv or all of its right. title or interest herein, without City of Miami's prior written consent.
1.7. ATTORNEY'S FEES - In connection with any litigation. mediation and arbitration arising out of this Contract,
each party shall hear their own attorney's fees through and including appellate litigation and any post judgment
proceedings.
1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide access
at all reasonable times to the C.irv, or to any of its duly authorized representatives, to any books. documents, papers,
and records of Contractor which are directly pertinent to this Formal Solicitation, for the purpose of audit.
examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of
the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final
payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition
shall result in the immediate cancellation of this Contract by the City.
Page 6 of 52
Invitation for Bid (IFB) 717381,3
1.9. AVAILABILITY OF CONTRACT STATE-WI➢E - Any Governmental, not -for profit or
quasi -governmental entity in the State of Florida, may avail itself of this Contract and purchase any and all
goods/services. specified herein from the Successful Bidders) Proposers) at the Contract price(s) established
herein, when permissible by federal, state, and local laws, rules, and regulations.
Each Governmental, not -for -profit or quasi -governmental entity which uses this Forma! Solicitation and resulting
Bid Contract or Agreement will establish its own Contract/Agreement, place its own orders. issue its own purchase
orders. be invoiced there from and make its on, n payments, determine shipping terms and issue its own exemption
certificates as required by the Sucressful Bidders)/Proposer(s).
1.I0. AWARD OF CONTRACT:
A. The Formal Solicitation. Bidder's/Proposer's Response, any Addenda issued, and the purchase order shall
constitute the entire Contract. unless modified in accordance with any ensuing Contract/Agreement, Amendment or
Addenda.
B. The award of a Contract where there are Tie Bids will be decided by the Director of Procurement or designee
in the instance that Tie Bids cant be determined by applying Florida Statute 287.087, Preference to Businesses with
Drug -Free Workplace Programs.
C. The award of this Contract may be preconditioned on the subsequent submission of other documents as
specified in the Special Conditions or Technical Specifications. Bidder'Proposer shall be in default of its contractual
obligation if such documents are not submitted in a timely manner and in the form required by the City. Where
Bidder/Proposer is in default of these contractual requirements. the City. through action taken by the Department of
Procurement, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the
next lowest responsive. responsible Bidder or Proposer most advantageous to the City or re -solicit the City's
requirements. The City, at its sole discretion. may seek monetary restitution from Bidder/Proposer and its
Bid/Proposal bond or guaranty. if applicable. as a result of damages or increased costs sustained as a result of the
Bidder's/Proposer's default.
D. The terra of the Contract shall be specified in one (1) of three (3) documents which shall be issued to the
Successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or Contract
award sheet.
E. The City reserves the right to automatically extend this Contract for up to one hundred twenty (120) calendar
days beyond the stated Contract term in order to provide City departments with continual service and supplies
a new Contract is being solicited, evaluated. and/or awarded. If the right is exercised, the City shall notify the
Bidder/Proposer, in writing. of its intent to extend the Contract at the same price. terms and conditions for a specific
number of days. Additional extensions over the first one hundred twenty (120) calendar day extension may occur,
if, the City and the Successful Bidder/Proposer are in mutual Agreement of such extensions.
F. Where the Contract involves a single shipment of goods to the City, the Contract term shall conclude upon
completion of the expressed or implied warranty periods.
G. The City reserves the right to award the Contract on a split -order. lump sum or individual -item basis. or such
combination as shall best serve the interests of the City unless otherwise specified.
H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the
minimum qualification requirements reflected herein. As a result of a RFP. RFQ. er RFLI. the City reserves the
right to execute or not execute, as applicable. an Agreement with the Proposer, whichever is determined to be in the
City's best interests. Such Agreement will he furnished by the City. will contain certain terms as are in the City's
best interests. and will be subject to approval as to legal form by the City Attorney.
1,11. 13ID BOND / BID SECURITY - A cashier's or certified check. or a Bid Bond signed by a recognized surety
company that is licensed to do business in the Stare of Florida, payable to the City of Miami, for the amount Bid is
Page 7 of 52
Invitation for Bid (IFB) 717381,3
required from all Bidders/Proposers, if so indicated under the Special Conditions. This check or bond guarantees
that a Bidder/Proposer will accept the order or Contract/Agreement. as Bid/Proposal, if it is awarded to
Bidder/Proposer. Bidder/Proposer shall forfeit Bid deposit to the City should City award Contract/Agreement to
Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the right to reject any and all
surety tendered to the City. Bid deposits are returned to Unsuccessful Bidders/Proposers within ten (10) calendar
days after the award and Successful Bidder's/Proposer•s acceptance of award. If sixty (60) calendar days have
passed after the date of the Formal Solicitation closing date. and no Contract has been awarded. all Bid deposits will
be returned on demand.
1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and submitted
accordingly.
I.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/or Ole
an acceptable Performance Bond. when required, as provided herein. shall be just cause for the annulment of the
award and the forfeiture of the Bid Security to the City. which forfeiture shall be considered, not as a penalty. but in
mitigation of damages sustained. Awarcl may then be made to the next lowest responsive, responsible Bidder or
Proposal most advantageous to the City or all Responses may be rejected.
1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any
manufacturers. trade names. or Bidder/Proposer catalog numbers are specified, it is for the purpose of establishing
the type, function, minimum standard of design. efficiency. grade or quality of goods only. When the City does not
wish to rule out other competitors' brands or makes. the phrase "OR EQUAL" is added. When Bidding/Proposing an
approved equal. Bidders/Proposers will submit, with their Response. complete sets of necessary data (factory
information sheets. specifications. brochures. etc.) in order for the City to evaluate and determine the equality of the
item(s) Bid/Proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise
specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the
City. Such samples are to be furnished after Formal Solicitation opening/closing only upon request of the City. If
samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a
formal request Is made.
1.15. CANCELLATION -'Ihe City reserves the right to cancel ail Formal Solicitations before it's opening/closing.
In the event of Bid/Proposal cancellation. the Director of Procurement shall notify all prospective Bidders/Proposers
and make available a written explanation for the cancellation.
1.16. CAPITAL EXPENDITURES - Contractor understands that any capita] expenditures that the firm makes, or
prepares to make. in order to deliver/perform the goods/services required by the City, is a business risk which the
Contractor must assume. The City will not be obligated to reimburse amortized or unantortized capital
expenditures, or to maintain the approved status of any Contractor. If Contractor has been unable to recoup its
capital expenditures during the time it is rendering such goods/services. it shall not have any claim upon the City.
1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable
for, or responsible to. the Bidder/Proposer/Consultant. any Subcontractor/sub-consultant. or to any other person for,
or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable
proceedings or on account of any delay for any cause over which the City has no control.
1.18. COLLUSION -Bidder/Proposer, by submitting a Response, certifies that its Response is made without
previous understanding, Agreement or connection either with any person. firm or corporation submitting a Response
for the same items/services or with the City of Miami's Department of Procurement or initiating department. The
Bidder/Proposer certifies that its Response is fair. without control. collusion. fraud or other illegal action.
Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City -
will investigate all potential situations where collusion may have occurred and the City reserves the right to reject
any and ail Bids/Responses where collusion may have occurred.
Page 8 of 52
Invitation for Bid (IFB) 717381.3
1.19, COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that Contracts
between private entities and local governments are subject to certain laws and regulations. including laws pertaining
to public records. conflict of interest. records keeping, etc. City and Contractor agree to comply with and observe all
applicable laws. codes and ordinances as that may in any way affect the goods or equipment offered. including but
not limited to:
A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of
race, creed, color. national origin. sex. or age with regard to. but not limited to. the following: employment
practices. rate of pay or other compensation methods. and training selection.
B. Occupational, Safety and Health Act (OSHA), as applicahle to this Formal Solicitation.
C. The Stare of Florida Statutes. Section 287.133(31 (A) on Public Entity Crimes.
D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation.
E. Uniform Commercial Code (Florida Statutes, Chapter 672).
F. Americans with Disabilities Act of 1990, as amended.
G. National Institute of Occupational Safety Hazards (NIOSH). as applicable to this Formal Solicitation.
H. National Foi est Products Association (NFPA), as applicable to this Formal Solicitation.
I. City Procurement Ordinance City Code Section 18. Article III.
J. Conflict of Interest. City Code Section 2-611: 61.
K. Cone of Silence. City Code Section 18-74.
L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment.
Lack of knowledge by the Bidder/Proposer will in no way be a cause for relief from responsibility. Non-compliance
with all local, state, and federal directives. orders, and laws may be considered grounds for termination of
Contract(s).
Copies of the City Ordinances may be obtained from tite City Clerk's Office.
1.20. CONE OF SILENCE - Pursuant to Section 18-71 of the City of Miami Code. a "Cone of Silence" is imposed
upon each RFP. RFQ. RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written
recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the
provision of goods and services and public works or improvements for amounts greater than two hundred thousand
dollars ($200,000.00). The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI of IFBs
(Bids) between. among others:
Potential vendors. service providers, Bidders, lobbyists or consultants and the City's professional staff including, but
not limited to. the City Manager and the City Manager's staff; the Mayor. City Commissioners, or their respective
staffs and any member of the respective selection/evaluation: committee.
The provision does not apply to, among other communications:
Oral communications with the City Procurement Staff. provided the communication is limited strictly to ma ers of
process or procedure already contained in the Formal Solicitation document: the provisions of the Cone of Silence
do not apply to oral communications at duly noticed site visitsiinspections, pre -proposal or pre -bid conferences. oral
presentations before selection/evaluation committees. Contract negotiations during any duly noticed public meeting.
or public presentations made to the Miami City Commission during a duly noticed public meeting; or
communications in writing or by email at any time with any City employee. official or member of the City
Commission unless specifically prohibited by the applicable RFP, RFQ. RFLI or IFB (Bid) documents (See Section
2.2 of the Special Conditions); or communications in connection with the collection of industry comments or the
performance of market research regarding a particular RFP, RFQ, RFLI OR 1FB by City Procurement Staff.
Page 9 of 52
Invitation fur Bicl (IFB) 717381,3
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 Ciry Clerk.
In addition to any other penalties provided by law, violation of the Cone of Silence by any Proposer or Bidder shall
render any awarti voidable: A violation by a particular Bidder, Proposer. Offeror, Respondent, lobbyist or
consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal
knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a
complaint with the Ethics Commission. Proposers or Bidders should reference Section 18-74 of the City of Miami
Code for further clarification.
This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code
Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at
305-250 5360, to obtain a copy of same.
1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act
and Public Records Law. If this CorrtractlAgreen.eat contains a confidentiality provision. it shall have no
application when disclosure is required by Florida law or upon court order.
1.22. CONFLICT OF LNTEREST - Bidders/Proposers, by responding to this Formal Solicitation. certify that to
the best of their knowledge or belief. no elected/appoimed 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 CO employee who oavrts, directly or indirectly, an interest of five percent (5%) or
more of the total assets of capital stock in your firm,
A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource which may
be within his/her/its trust. or perform his/her/its duties. to secure a special privilege, benefit. or exemption for
himsedflherselfritself. or others. Biciclearoposer may not disclose or use information nor available to members of
the general public and gained by reason of hislherlits position, except for information relating exclusively to
governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person
or business entity.
B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the
City or any person or agency acting for the Ciry, and has not appeared in representation of any third party before any
board. commission or agency of the City within the past two (2) years. Bidder/Proposer further warrants that
he/she/it is not related, specifically the spouse. son. daughter, parent, brother or sister, to: (i) any member of the
Commission: (ii) the Mayor: (iii) any City employee: or (iv) any member of any board or agency of the City.
C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional
services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law.
Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission en
Ethics.
1.23. COPYRIGHT OR PATENT RIGHTS - Bidders/Proposers warrant that there has been no violation of
copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services
provided as a result of this Formal Solicitation, and Bidders/Proposers agree to hold the City harmless from any and
all liability, loss. or expense occasioned by any such violation,
1.24. COST INCURRED BY BIDDER'PROPOSER - All expenses involved with the preparation and submission
of Responses to the City, or any work performed in connection therewith shall be borne by the
Bidder(s)/Proposer(s).
1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107)
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Invitation for Bid (IFB) 717381,3
A. Authority and requirement to debar and suspe.ad. After reasonable notice to an actual or prospective
Contractual Parry, and after reasonable opportwi!ty for such part: to be heard. the City Manager. after consultation
wn ith the Chief Procurement Officer and the City Attorney. shall have the authority to debar a Contractual Parry. for
the causes listed below, from consideration for award of City Contracts. The debarment shall be for a period of not
fewer than three (3) years. The City Manager shall also have the authority to suspend a Contractual Party from
consideration for award of City Contracts if there is probable cause for debarment, pending the debarment
determination. The authority to debar and suspend Contractors shall he exercised in accordance with regulations
which shall be issued by the Chief Procurement Officer after approval by the City Manager, the City Attorney. and
the City Commission.
B. Causes for debarment or suspensions. Causes for debarment or suspension include the following:
(1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or
private Contract or subcontract. or incident to the performance of such Contract or subcontract.
(2) Conviction under state or federal statutes of embezzlement, theft. forgery, bribery. falsification or
destruction of records. receiving stolen property, or any other offense indicating a lack of business integrity or
business honesty.
(3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposas.
(1) Violation of Contract prow isions. which is regarded by the Chief Procurement Officer to be indicatt..e of
non -responsibility. Such violation may include failure without good cause to perform in accordance with the terms
and conditions of a Contract or to perform within the time limits provided in a Contract. provided that failure to
perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension.
(5) Debarment or suspension of the Contractual Party by any federal. state or other governmental entity.
(6) False certification pursuant to paragraph (c) below.
(7) Found in violation of a zoning ordinance or any other City ordinance or regulation and for which the
violation remains noncompliant.
(8) Found in violation of a inning ordinance or any other City ordinance or regulation and for which a civil
penalty or fine is due and owing to the City.
(9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility
of the Contractual Party performing City Contracts.
C. Certification. All Contracts for goods and services, sales, and leases by the City shall contain a certification
that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the
violations set forth above or debarred or suspended as set forth its paragraph (h) (5).
D. Debarment and suspension decisions. Subject to the provisions of paragraph (A). the City i`lanager shall
render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be
provided promptly to the Contractual Party. along with a notice of said party's right to seek judicial relief.
1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of Florida
debarred ur suspended vendor list may not submit a Response on a Contract to provide goods or services to a public
entity, may not submit a Response on a Contract with a public entity for the construction. or repair of a public
building or public work. may not submit Response on leases of real property to a public entity, may not award or
perform work as a Contractor. supplier. Subcontractor. or consultant under Contract with any public entity, and may
not transact business with any public entity.
1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance. which shall
include any failure on the part of the Successful Bidder/Proposer to accept the award, to furttisls required documents.
and/or to fulfill any portion of this Contract within the time stipulated,
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Invitation for Bid (IFB) 717381.3
Upon default by the Successful Bidder/Proposer to meet any terms of this Agreement, the City will notify the
Bidder/Proposer of the default and will provide the Contractor three (3) calendar days (weekends and holidays
excluded) to remedy the default. Failure on the Contractor's part to correct the default within the required three (3)
calendar clays shall result in the Contract being terminated and upon the City notifying in writing the Contractor of
its intentions and the effective crate of the termination. The following shall constitute default:
A. Failure to perform the work or deliver the goods/services required under the Contract andfor within the time
required or failing to use the Subcontractors, entities and personnel as identified and set forth. and to the degree
specified in the Contract.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure
timely completion.
D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as
nonconforming with the terms of the Contract.
E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making
an assignment for the benefit of creditors, if the insolvency. bankruptcy, or assignment renders the Successful
Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract.
F. Failure to comply with any of the terms of the Contract in any material respect.
All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated,
together with the cost of completing the work, shall be deducted from any monies due or which may become due on
this Contract.
1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is
responsive to the submission requirements outlined in the Formal Solicitation. A 'responsive.' Response is one
which follows the requirements of the Formal Solicitation, includes ail documentation., is submitted in the format
outlined in the Formal Solicitation. is of timely submission, and has appropriate signatures as required on each
document. Failure to comply with these requirements ntav deem a Response non -responsive.
A. Responsible Bidder shall mean a BidderlProposer who has submitted a Bid/Proposal and who has the
capability. as determined under the City Procurement Ordinance, in all respects to fully perform the Contract
requirements, and the integrity and reliability of which give reasonable assurance of good faith and performance.
1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the Response
shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions.
Price discounts off the original prices quoted in the Response will be accepted from Successful
Bidder(s)IProposer(s) during the term oldie Contract. Such discounts shall remain in effect for a minitnum of one
hundred twenty (120) calendar days from approval by the City Commission Any discounts offered by a
manufacturer to BidderlProposer will he passed on to the City.
1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies. errors, or ambiguities in the Formal
Solicitation or Addenda (if any) should be reported in writing to the City's Department of Procurement. Should it be
found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the
purchase agreement (Contract documents), the City will not be responsible for any oral instructions, clarifications,
or other communications.
A. Order of Precedence - Any inconsistency in this Formal Solicitation shall be resolved by giving precedence
to the following documents. the first of such list being the governing documents.
(1) Addenda (as applicable)
(2) Specifications
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Invitation for Bid (IFB) 717381.3
(3) Special Conditions
(4) General Terms and Conditions
1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster
situation. the successful vendor shall provide the City with the commodities/services defined within the scope of this
Formal Solicitation at the price contained within vendor's Response. Further, successful vendor shall
deliver/perform for the City on a priority basis during such times of emergency.
1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of
Miami Formal Solicitation and spat ificaliv this General Conditions Section. Contractors Response and any written.
Agreement entered into by the City of Miami and Contractor in cases involving REPs, RFQs. and RFLIs. and
represents the entire understanding and Agreement between the parties with respect to the subject matter hereof and
supersedes all other negotiations. understanding and representations, if any. made by and between the parties. To the
extent that the Agreement conflicts with. modifies, alters or changes any of the terms and conditions contained in the
Formal Solicitation and/or Response. the Formal Solicitation and then the Response shall control. This Contract may
be modified only by a written Agreement signed by the City of Miami and Contractor.
1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance
only. No guarantee is expressed or implied as to quantities that will be purchased during the Contract period. The
City is not obligated ro place an order for any given amount subsequent to the award of this Contract. Said estimates
may be used by the City for purposes of determining the low Bidder or most advantageous Proposer meeting
specifications. The City reserves the right to acquire additional quantities at the prices Bid/Proposed or at lower
prices in this Formal Solicitation.
1.34. EVALUATION OF RESPONSES
A. Rejection of Responses
The City may reject a Response for any of the following reasons:
(1) Bidder/Proposer fails to acknowledge receipt of Addenda:
(2) Bidder/Proposer misstates or conceals any material fact in the Response:
(3) Response does not conform to the requirements of the Formal Solicitation;
(4) Response requires a conditional award that conflicts with the method of award;
(5) Response does not include required samples, certificates. licenses required: and,
(6) Response was not executed by the Bidder's.Proposer(s) authorized agent.
The foregoing is not an all-inclusive list of reasons for which a Response may be rejected. The City may reject and
re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the
City,
B. Elimination from Consideration
(I) A Contract shall not be awarded to any person or firm which is in arrears ro the City upon any debt or
Contract,, or which is a defaulter as surety or otherwise upon any obligation to the City.
(2) A Contract may not be awarded to any person or firm which has failed to perform under the terms and
conditions of any previous Contract with the City or deliver on time Contracts of a similar nature.
(3) A Contract may not be awarded to any person or firm which has been debarred by the City in accordance
with the City's Debarment and Suspension Ordinance.
C. Determination of Responsibility
(1) Responses will only be considered from entities who are regularly engaged in the business of providing the
goods/equipment'services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a
Page 13 of 52
Ira nation for Bic! (IFB) 717381.3
satisfactory record of performance and integrity: and, have sufficient financial, material, equipment, facility,
personnel resources, and expertise to meet all contactual requirements. The terms "equipment and organization" as
used herein shall be construed to mean a full equipped and well established entity in line with the best industry
practices in the industry as determined by the City.
(2) The City may consider any evidence available regarding the financial. technical and other qualifications
and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental
entity in making the award.
(3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an
authorized representative of a manufacturer or supplier which is the actual source of supply. if required by die
Formal Solicitation,
1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS -
Exceptions to the specifications shall be listed an the Response and shall reference the section. Any exceptions to
the General or Special Conditions shall be cause for the Bid (IFB) to be considered non -responsive. It also may be
cause for a RFP. RFQ. or RFLI to be considered non -responsive: and. if exceptions are taken to the terms and
conditions of the resulting Agreement it may lead to terminating negotiations.
1,36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation. all prices quoted/proposed by
the Bidder/Proposer must be F,O.B, DESTINATION, inside delivery, with all delivery costs and charges included in
the Bid/Proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for
rejection of Bid/Proposal.
1.37. F1Ri4i PRICES - The Bidder/Proposer warrants that prices. terns. and conditions quoted in its Response will
be firm throughout the duration of the Contract unless otherwise specified in the Formal Solicitation. Such prices
will remain firm fur the period of perforniairce or resulting purchase orders or Contracts, which are to be
perforated or supplied over a period of time.
1.38. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida. Article X. Section 24. states that
employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly,
it is the Contractor's and its' Subcontractor(s) responsibility to understand and comply with this Florida
constitutional minimum wage requirement and pay its employees the current established hourly minimum wage rate,
which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners
and clerical workers. CPI -WV. or a successor index as calculated by the United States Department of Labor. Each
adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on
September 30th of each year and rake effect on the following January 1st,
At the time of responding. it is Bidder/Proposer and his/her Subcontractor(s), if applicable. full responsibility to
determine whether any of its employees may he impacted by this Florida Law at any given point in time during the
term of the Contract. If impacted. Bidder/Proposer must furnish employee name(s), job title(s), job description(s),
and current pay rate(s). Failure to submit this information at the time of submitting a Response constitute
Successful Bidder's/Proposers acknowledgement and understanding that the Florida Minimum Wage Law will not
impact its prices throughout the term of Contract and waiver of any contractual price increase request(s). The City
reserves the right to request and Successful Bidder/Proposer must provide for any and all information to make a
wage and contractual price increase(s) determination,
1,39. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws
of the State of Florida. The parties agree that any action. mediation or arbitration arising out of this Contact shall
take place in \ lianti-Dade County. Florida. In any action or proceeding each party shall bear their own respective
attorney's fees.
1.40. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for
convenient reference only and shall not in any mariner be construed as modifying, amending or affecting in any way
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Invitation for Bid (1FB) 717381.3
the expressed terms and provisions hereof.
1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or
entity that performs or assists the City of,llian€i with a function or activity involving the use or disclosure of
"individually identifiable health information (1ii11) and/or Protected Health Information (PHI) shall comply with the
Health Insurance Portability and Accountability- Act (HIPAA) of 1996 and the City of Mianti Privacy Standards.
HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to:
A. Use of information only for performing services required by the Contract or as required by law:
B. Use of appropriate safeguards to prevent non -permitted disclosures:
C. Reporting to the City of Miami of any non -permitted use or disclosure:
D. Assurances that any agents and Subcontractors agree to the saiie restrictions and conditions that apply to the
Bidder/Proposer and reasonable assurances that 111 1 PHI will be held confidential;
E. Making Protected Health Information (PHI) available to the customer:
F. flaking PHI available to the customer for review and Amendment: and incorporating any Amendments
requested by the customer;
G. Making PHlf avai]able to the City of Nlianti for an accounting of disclosures: and
H. Making internal practices. books and records related to PHI available to the City of Miami for compliance
audits,
PHI shall maintain its protected status regardless of the form and method of transmission (paper records. and/or
electronic transfer of data). The Bidder Proposer must give its customers written notice of its privacy informa-ion
practices including specifically. a description of the types of uses and disclosures that would be made with protected
health information.
1.42 INDEMNIFICATION - Contractor shall indemnify. hold.'save harmless and defend at its own costs and
expense the City. its officials, officers, agents, directors, and employees. from liabilities, damages. losses. and costs.
Including. but not limited to reasonable atturney's fees, to the extent caused by the negligence. recklessness or
intentional wrongful misconduct of Contractor and persons employed ur utilized by Contractor in the performance
of this Contract and will indemnify. hold harmless and defend the City. its officials, officers. agents. directors and
employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the
permitted work, even if It is alleged that the City, its officials and,'or employees were negligent. These
indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought
against City by reason of any such claim or demand. Contractor shall, upon written notice from City, resist and
defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees
that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the
responsibility to indemnify. keep and save harmless and defend the City or its officers, employees. agents and
instrumentalities as herein provided.
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 which may be brought against City whether
performed my Contractor. or persons employed or utilized by Contractor.
This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under
the laws of the State of Florida. including without limitation and which conforms to the limitations of §725.06
and/or §725.08, Fla. Statues, as amended from time to time as applicable.
Contractor shall require all Subcontractor Agreements to include a provision that they will indemnify the Cite.
The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may
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Imitation for Bid (1FB) 717381.3
result from anv actions or omissions of the Contractor in which the City participated either through review or
concurrence of the Contractor's actions. In reviewing,. approving or rejecting anv submissions by the Contractor or
other acts of the Contractor, the Chv in no wav assn,mes et- shares anv responsibility or liability of the Contractor or
Sub -Contractor, under this Agreement.
1.43. FORMATION AND DESCRIPTIVE LITERATURE —Bidders/Proposer must furnish all information
requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each
Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and
Rlaterial Safety Data Sheets (\ISDS1 as required. covering the products offered. Reference to literature submitted
with a previous Response or on file with the Buyer will not satisfy this provision.
1.44. INSPECTIONS - The City may. at reasonable times during the term hereof. inspect Contractor's facilities and
perform such tests, as the City deems reasonably necessary. to determine whether the goods and/or services
required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal
Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the
performance of tests or inspections by City representatives, All tests and inspections shall be subject to, and made in
accordance with. the provisions of the City of Miami Ordinance No. 12271 (Section 18-79). as same may be
amended or supplemented from time to time.
1,45. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not
be made available until such time as the City provides notice of a decision or intended decision or within thirty (30)
calendar days after Bid closing. whichever is earlier. Bid:Proposal results will be tabulated and may be furnished
upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are
available on the City's Web Site following recommendation for award.
1.46. INSURANCE - 1,Nirhin ten (10) calendar days after receipt of Notice of Award, the Successful Contractor,
shall furnish Evidence of Insurance to the Department of Procurement, if applicable. Submitted evidence of
coverage shall demonstrate strict compliance to ail requirements listed on the Special Conditions entitled "Insurance
Requirements". The City shall be listed as an "Additional insured."
Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance
certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the
Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit
a corrected certificate to the Cit lithe Contractor fails to submit the required insurance documents in the manner
prescribed in this Solicitation ww i bin fifteen (15) calendar days after receipt Notice of Award, the Contractor shall be
in default of the contractual terms and conditions and shall not be awarded the Contract. Under such circumstances.
the Bidder/Proposer may be prohibited from submitting future Responses to the City. Information regarding any
insurance requirements shall be directed to the Risk Administrator, Department of Risk Management. at 444 SW
2nd Avenue. 9tht Floor, Miami, Florida 33130. 305-416-1604.
The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this
Section remain in effect for the duration of the contractual period: including any and all option terms that may be
granted to the Bidder/Proposer.
1.47. INVOICES - invoices shall contain purchase order number and details of goods and/or services delivered (i.e
quantity, unit price, extended price, etc.): and in compliance with Chapter 218 of the Florida Statutes (Prompt
Payment Act).
1.48. LOCAL PREFERENCE
A. City Code Section 18-85. states. " hen a responsive. responsible non -local Bidder submits the lowest Bid
price. and the Bid submitted by one or more responsive, responsible local Bidders who maintain a local office, as
defined in Section 18-73. is within fifteen percent (15%) of the price submitted by the non -local Bidder, then that
non -local Bidder and each of the aforementioned responsive, responsible local Bidders shall have the opportunity- to
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Invitation for Bid (IFB) 717381,3
submit a best and final Bid equal to or lower than the amount of the low Bid previously submitted by the non -local
Bidder. Contract award shall he made ro the lowest responsive, responsible Bidder submitting the lowest bes: and
final Bid. In the case of a tie in the best and final Bid between a local Bidder and a non -local Bidder. Contract award
shall he made to the local Bidder.'
B. City Code Section 18.86. states. "the RFP. RFLI or RFQ. as applicable. may. in the exercise of the
reasonable professional discretion of the City Manager, director of the using agency, and the Chief Procurement
Officer, include a fig-e percent (5%) evaluation criterion in favor of Proposers who maintain a local office, as defined
in Section 18-73. In such cases, this five percent (5%) evaluation criterion in favor of Proposers who maintain a
local office will be specifically defined in the RFP, RFLI or RFQ, as applicable: otherwise, it will not apply.
1.49.MANUFACTURER'S CERTIFICATION -The City reserves the right to request from Bidders/Proposers a
separate Manufacturer's Certification of all statements trade in the Bid/Proposal. Failure to provide such
certification may result in the rejection of Bid/Proposal or termination of Contract/Agreement, for which the
Bidder/Proposer must bear full liability.
1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No Contract or
understanding to modify this Formal Solicitation and resultant purchase orders or Contracts, if applicable, shall be
binding upon the City unless made in writing by the Director of Procurement of the City of Miami. Florida through
the issuance of a change order. addendum, Amendment, or supplement to the Contract, purchase order or award
sheet as appropriate.
1.51. NO PARTNERSHIP OR JOINT 'VENTURE - Nothing contained in this Contract will he deemed or
construed to create a partnership or _joint venture between the City of and Contractor, or to create any other
similar relationship between the parties.
1.52. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with
specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other
appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with
specifications is public record and open to examination thereto in accordance with Chapter 119. Florida Statutes.
Itetns delivered not conforming to specifications may be rejected and returned at Bidder's'Proposer's expense.
These Iron -conforming items not delivered as per delivery date in the Response and/or Purchase Order may result in
Bidder/Proposer being found in default in which event any and all re -procurement costs may be charged against the
defaulted Contractor. Any violation of these stipulations may also result in the supplier's name being removed from
the City of Miami's Supplier's list.
1.53. NONDISCRIMINATION —Bidder/Proposer agrees that it shall not discriminate as to race. sex. color, age.
religion, national origin. marital .status, or disability in connection with its performance under this Formal
Solicitation. Furthermore, Bidder/Proposer agrees that no otherwise- qualified individual shall solely by reason of
his/her race, sex, color. age, religion, national origin, marital status or disability be excluded from the participation
in, be denied benefits of, or be subjected to, discrimination under any program or activity.
In connection with the conduct of its business, including performance of services and employment of personnel,
Bidder/Proposer shall not discriminate against any person on the basis of race. color, religion, disability, age, sex,
marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity
for employment.
1.54. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best
interest, the City of Miami reserves the right to advertise for. receive. and award additional Contracts for these
herein goods and/or services, and to make use of other competitively Bid (governmental) Contracts, Agreements, or
other similar sources for the purchase of these goods and/or services as may be available.
It is hereby agreed and understood that this Forma] Solicitation does not constitute the exclusive rights of the
Successful Bidder(s)/Proposer(s) to receive all orders that may be generated by the City in conjunction with this
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Invitation for Bid (IFB) 717381,3
Formal Solicitation.
In addition. anv and all commodities. equipment, and services required h\ the City in conjunction with construction
prrtjec is are solicited under a distinctly different solicitation process and shall not be purchased under the terries,
conditions and awards rendered under this solicitation. unless such purchases are determined to be in the best
interest of the City.
1,55. OCCUPATIONAL LICENSE - Any person, firm. corporation orjoint venture. with a business location in
the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational
License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter, Others with a
Location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the
license must he submitted with the Response; however, the City may at its sole option and in its best interest allow
the Bidder/Proposer to supply the license to the City during the evaluation period. but prior to award.
1.56. ONE PROPOSAL - Only one (1) Response from an individual, firm. partnership, corporation orjoint venture
will be considered in response to this Formal Solicitation.
1.57. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records.
files. or any other matter whatsoever which is given by the City to the Successful Bidder/Proposer pursuant to this
Formal Solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for
any other purposes whatsoever without the written consent of the City.
1.58. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or
circumstance shall to anv extent be held invalid, then the remainder of this Contract or the application of such
provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and
each provision of this Contract shall be valid and enforced to the fullest extent permitted by law,
1,59, PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a Performance/Payment
Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the Contract
price.
1.60. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/Proposers are expected to
examine the specifications. required delivery. drawings. and all special and general conditions. All Bid/Proposed
amounts. if required, shall be either typewritten or entered kilt) the space provided with ink. Failure to do so will be
at the Bidder's/Proposer's risk.
A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposer
shall sign the Response and print in ink or type the name of the Bidder/Proposer. address, and telephone number on
the face page and on each continuation sheet thereof on which he/she makes an entry, as required.
B. If so required. the unit price for each unit offered shall be shown. and such price shall include packaging.
handling and shipping. and F.O.B. €Miami delivery inside City premises unless otherwise specified. Bidder/Proposer
shall include in the Response all taxes. insurance. social security, workmen's compensation, and any other benefits
normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit Price"
column for each item. Based upon estimated quantity. an extended price shall be entered in the "Extended Price"
column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will
he presumed correct.
C. The Bidder/Proposer must state a definite time, if required. in calendar days for delivery of' goods andior
services.
D. The Bidder/Proposer should retain a copy of all Response documents for future reference.
E. All Responses, as described, must be fully completed and typed or printed in ink and must be signed in ink
with the firtn's name and by an officer or employee having authority to bind the company or firm by his/her
signature. Bids/Proposals having anv erasures or corrections must be initialed in ink by person signing the Response
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Invitation for Bid (IFB) 717381.3
or the Response may be rejected.
F. Responses are to remain valid for at least one hundred eighty (180) calendar days. Upon award of a
Contract, the content of the Successful Bidder's/Proposer's Response nay be included as part of the Contract, at the
City's discretion.
G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its Response in
hardcopy format. Use of any other forms will result in the rejection of the Response. IF SUBMITTING
1 IARDCOPY FORMAT, THE ORIGINAL, AND TFIREE (3) COPIES OF THESE SETS OF FORMS. UNLESS
OTHERWISE.. SPECIFIED. AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO TUUE CITY
OR YOUR RESPONSE MAY BE DEEMED aNONRESPONSIVE.
1.61. PRICE ADJUSTMENTS — Am price decrease effectuated during the Contract period either by reason of
market change or on the part of the Contractor to other customers shall be passed on to the City of Miami.
1.62. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product
becomes unavailable during the terns of the Contract. the Contractor awarded that hem may arrange with the City`s
authorized representative(s) to supply a substitute product at die awarded price or lower. provided that a sample is
approved in advance of delivery and rhar the new product meets or exceeds all quality requirements,
1.63. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS -
Contractor represents and warrants to the City that it has nor employed or retained any person or company employed
by the City to solicit or secure this Contract and that it has nor offered to pay, paid, or agreed to pay any person any
fee, commission, percentage, brokerage fee. or gift of any kind contingent upon or in connection with, the award of
this Contract.
1.64, PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment: however.
discounts shall not be considered in determining the lowest net cost for Response evaluation purposes.
Bidders/Proposers are required to provide their prompt payment teens {ii the space provided on the Formal
Solicitation. If no prompt payment discount is being offered. the Bidder/Proposer must enter zero (0) for the
percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage. it is understood and
agreed that the terms shall be 2%''n 20 days. effective after receipt of invoice or final acceptance by the City.
whichever is later.
When the City is entitled to a cash discount. the period of computation will commence on the date of delivery. or
receipt of a correctly completed invoice, whichever is later. Ilan adjustment in payment is necessary due to
damage. the cash discount period shall commence on the date final approval for payment is authorized. If a discount
is part of the Contract. but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash
discount with the period commencing on the date it is determined by the City that a cash discount applies.
Price discounts off the original prices quoted on the Price Sheet will be accepted from Successful BirddersiProposers
during the tern of the Contract.
1.65. PROPERTY - Property owned by the City of Mianii is the responsibility of the City of Miami. Such property
furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami.
Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the
Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the
Contractor, In the event than such property is destroyed or declared a total loss. the Contractor shall be responsible
for replacement value of the properly at the current market value. less depreciation of the property, if any.
1,66. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract. ail covenants,
conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties
hereto and their respective heirs, legal representatives, successors and assigns.
1.67. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list
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Invitation for Bid (IFB) 717381,3
following a conviction for a public entity crime may not submit a Response on a Contract to provide any gocds or
services to a public entity. may not submit a Response on a Contract with a public entity For the construction or
repair of a public building or public work. may not submit Responses on leases of real property to a public entity,
may not be awarded or perform work as a Contractor. supplier. Subcontractor. or consultant under a Contract with
any public entity, and may not transact business with any public entity in excess of the threshold amount provided in
Section 287,017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the
convicted vendor list.
1.68. PUBLIC RECORDS - Contractor understands that the public shall have access. at all reasonable times. to all
documents and information pertaining to City Contracts, subject to the provisions of Chapter 119. Florida Statutes.
and City of Miami Code. Section 18. Article Ill. and agrees to allow access by the City and the public to all
documents subject to disclosure under applicable law. Contractor shall adciitiorally comply with the provisions of
Section 119.0701, Florida Statutes. entitled "Contracts; public records". Contractor's failure or refusal ro comply
4vith the provision of this section shall result in the immediate cancellation of this Contract by the City.
1.69. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials
used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be
new. The items Bid/Proposed must be of the latest make or model, of the hest quality. and of the highest grade of
workmanship, unless as otherwise specified in this Solicitation.
1.70. QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality and
tvorkmauship. Materials furnished to complete the service shall be new and of the highest quality except as
otherwise specified in this Solicitation.
1.71. REMEDIES PRIOR TO AWARD (Sec, 18-106) - If prior to Contract award it is determined that a Formal
Solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by
the City Commission, the City Manager or the Chief Procurement Officer. as ma',: be applicable. or revised to
comply wills the law,
1.72. RESOLUTION OF CONTRACT DISPUTES (Sec. 18.105)
A. Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the City Arorney.
small have the authority to resolve controversies between the Contractual Party and the City which arise under, or by
virtue of. a Contract between them; provided that, in cases involving an amount greater than twenty-five thousand
dollars ($25,000.00), the City Commission must approve the City Manager's decision. Such authority extends,
without limitation, to controversies based upon breach of Contract, mistake. misrepresentation or lack of complete
performance. and shall he invoked by a Contractual Party by submission of a protest to the City Manager.
B. Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly
render a written report stating the reasons for the action taken by the City Commission or the City Manager ‘vhich
shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party. along
with a notice of such party's right to seek judicial relief. provided that the protesting party shall not be entitled to
such judicial relief without first having followed the procedure set forth in this section.
1.73. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104)
Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except
for purchases of goods. supplies, equipment. and services, the estimated cost of which does not exceed twenty-five
thousand dollars ($25,000.00).
Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing.
1.Protest of Solicitation.
A. Any prospective Proposer who perceives itself aggrieved in connection with the solicitation of a Contract
niay protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief
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Invitation for Bid (!FB) 717381,3
Procurement Officer within three (3) calendar days after the Request for Proposals. Request for Qualifications or
Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest
is considered filed when received by the Chief Procurement Officer: or
B. Anv prospective Bidder who intends to contest the Solicitation Specifications or a solicitation may protest to
the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement
Officer within three (3) calendar days after the solicitation is published in a newspaper of general circulation. A
notice of intent to file a protest is considered filed when received by the Chief Procurement Officer.
2. Protest of Award.
A. A written notice of intent to file a protest shall be flied with the Chief Procurement Officer within two (2)
calendar days after receipt by the Proposer of the notice of the City Manager's recommendation for award of
Contract. which will be posted on the City of 1liami Department of Procurement website. in the Supplier Corner,
Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's
recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award
Posting Date and Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award
To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the
responsibility of the Bidder/Proposer to check this section of the website daily after Responses are submitted to
receive the notice; or
B. Any actual Responsive and Responsible Bidder whose Bid is Power than that of the recommender) Bidder
may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief
Procurement Officer vyithin two (2) calendar days after receipt by the Bidder of the notice of the City's
determination of non -responsiveness or non -responsibility. The receipt by Bidder of such notice shall be confirmed
by the City by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is
considered filed when received by the Chief Procurement Officer.
C. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within
five (5) calendar days after the dale the notice of protest was filed. A written protest is considered filed when
received by the Chief Procurement Officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning
points in snaking an award determination.
The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation
or the award is based. and shall include all pertinent documents and evidence and shall be accompanied by the
required Filing Fee. This shall form the basis for review of the written protest and no facts. grounds. documentation
or evidence nni contained in the protester's submission to the Chief Procurement Officer at the time of filing the
protest shall he permitted in the consideration of the written protest.
No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed
by this section. the day of the act. event or default from which the designated period of time begins to run shall not
be included. The Iasi day of the period so computed shall be included unless it is a Saturday. Sunday or legal holiday
in which event the period shall run until the end of the next day wyhicltis neither a Saturday. Sunday or legal holiday.
Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing.
D. Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the approval
of the City Manager and the City Attorney. to settle and resolve any written protest. The Chief Procurement Officer
shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said
decisions to the City Commission within thirty (30) calendar days after he/she receives the protest. In cases involving
more than twenty-five thousand dollars ($25,000.00), the decision of the Chief Procurement Officer shall be
submit ted for approval or disapproval thereof to the City Commission after a favorable recommendation by the City
Attorney and the City Manager.
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Invitation for Bid (IFB) 717381.3
E. Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a
protest or the written protest. together with the required Filing Fee. with the Chief Procurement Officer within the
time provided, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The
protesting party shall not he entitled to seek judicial relief without first having followed the procedure set forth in
this section
F. Stay of Procurements during protests. Upon receipt of a written protestfiledpursuant to the requirements of
this section. the City shall not proceed further with the solicitation or with the award of the Contract until the protest
is resolved by the Chief Procurement Officer or the City Commission. unless the City Manager makes a written
determination that the solicitation process or the Contract award must be continued without delay in order to avoid
an immediate and serious danger to the public health, safety or welfare.
G. All costs accruing from a protest shall be assumed by the protestor.
H. Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's
check payable to the City in an amount equal to one percent of the amount of the Bid or Proposed Contract, or five
thousand dollars (S5.000.00), whichever is less, which filing fee shall guarantee the payment of all costs which may
be adjudged against the protestor in anv administrative or court proceeding. If a protest is upheld by the Chief
Procurement Officer and/or the City Commission, as applicable, the filing fee shall he refunded to the protester less
any costs assessed. If the protest is denied, the filing fee shall be forfeited to the City in lieu of payment ofcesis for
the administrative proceedings.
1.74. SAMPLES - Samples of items. when required, must be submitted within the time specified at no expense to
the City. if not destroyed by testing, Bidders)/Proposer(s) will be notified to remove samples, at their expense,
within thirty (30) calendar days after notification. Failure to remove the samples will result in the samples becoming
the properly of the City.
1.75.. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign,
transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign anv portion
of the performance required by this Contract. except under and by virtue of written permission granted by the City
through the proper officials. which may be withheld or conditioned, in the City's sole discretion.
1.76. SERVICE AND WARRANTY —When specified, the Bidder/Proposer shall define all warranty, service and
replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and
service facilities are available, A copy of the manufacturer's warranty. if applicable, should be submitted with your
Response.
1.77, SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental
specification as to anv detail or the omission From it of detailed description concerning any point shall be regarded
as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct
type, size and design are to be used. All workmanship and services is to be first quality.
Ali interpretations of these specifications shall he made upon the basis of this statement.
If your firth has a current Contract with the State of Florida. Department of General Services,, to supply the items on
this solicitation, the bidder/Proposer shall quote nor more than the Contract price: failure to comply with this request
will result in disqualification of Bid/Proposal.
1.78. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the
Oracle System or Responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American
Drive. Miami, Florida 33133-5504. at or before, the specified closing date and time as designated in the IFB. RFP,
RFQ. or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing: however, no
award will be trade at that time.
A. Hardcopy Responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or
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Invitation for Bid (IFB) 717381.3
package must show the hour and date specified for receipt of Responses. the solicitation number and title, and the
name and return address of the Bidder Proposer. Hardcopv Responses not submitted on the requisite Response
Forms may be rejected. Hardcopy Responses received at any other location than the specified shall be deemed
non -responsive.
Directions to City Hall:
FROM THE NORTH: 1-05 SOUTH UNTIL. 1T TURNS INTO US1. USI SOUTH TO 27TH AVE.. TURN LEFT.
PROCEED SOUTH TO SO. BAYSHORE. DR. (3RD TRAFFIC LIGHT). TURN LEFT, l BLOCK TURN RIGHT
ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
FROM THE SOUTH: LSI NORTH TO 27TH AVENUE, TURN RIGHT. PROCEED SOUTH TO 50.
BAYSHORE DR. (3RD TRAFFIC LIGHT). TURN LEFT. 1 BLOCK TURN RIGHT ON PAN AMERICAN DR.
CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING 1S ON RIGHT.
B. Facsimile Responses vvill not he considered.
C. Failure in follows these procedures is cause for rejection of Bid/Proposal.
D. The responsibility for obtaining and submitting a Response on or before the close date is solely and strictly
the responsibility of Bidder/Proposer. The City of Miami is not responsible For delays caused by the United
States mail delivery or caused by any other :occurrence. Responses received after the solicitation closing date and
time will be returned unopened. and will not be considered for award.
E. Late Responses v'. ilI be rejected.
F. All Responses are subject to the conditions specified herein. Those which do not comply with these
conditions are subject to rejection.
G. 11,1odificarion of Responses already submitted will be considered only if received at the City- before the
and date set for closing of solicitation Responses. All modifications must he submitted via the Oracle System or in
writing. Once a solicitation closes (closed date and or time expires). the City will not consider any subsequent
submission which alters the Responses.
H. If hardcopy Responses are submitted at the same time for different solicitations. each Response must be
placed in a separate envelope. box. or package and each envelope. box or package must contain the information
previously stated in I.82.A.
1.79. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government.
Exemption certificates will be provided upon request. Notwithstanding. Bidders/Proposers should he aware of the
fact that ail materials and supplies which are purchased by the Bidder/Proposer for the completion of the Contract is
subject to the Florida Stale Sales Tax in accordance with Section 212.08. Florida Statutes. as amended and all
Arnendra;eias thereto and shall be paid solely by doe Bidder/Proposer.
1.80. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate this
Contract by written notice to the Contractor effective the date specified in the notice should any of the following
apply:
A. The Contractor is determined by the City to be in breach of any of the terms and conditions of the Contract.
B. The City bas determined that such termination will be in the best interest of the City to terminate the Contract
for its own convenience:
C. Funds are not available to cover the cost of the goods and/or services. The Cirv's obligation is continent
upon the availability of appropriate funds.
1.81. TERMS OF PAYMENT - Payment will be made by the City after ;he goods anchor services awarded to a
Bidder!Proposer have been received. inspected. and fount! to comply with award specifications, free of damage or
defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami.
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Invitation for Bid (0FB) 71738 1.3
Payment shall be made after delk erv. within forty •fiy'e (-15) calendar days of receipt of an invoice and authorized
inspection and acc.eptauce of the goocisiser ices and pursuant to Section 218.74. Florida Statutes and other
applictible law.
1.82. TIMELY DELIVERY-'rrime will be of the essence for any orders placed as a result of this solicitation. The
City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within
the time{s) specified on their Response. Deliveries are to be made during regular City business hours unless
otherwise specified in the Special Conditions.
1.83. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the
goods/equiprarent or used the goods. whichever comes first.
1.84. TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to
the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for
"trade secrets."
If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from
Chapter 119 must be submitted in a separate envelope. clearly identified as "TRADE SECRETS EXCEPTION."
with your firm's name and the Solicitation number and title narked on the outside.
Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person.
By your designation of material in your Response as a "trade secret' you agree to indemnify and hold harmless the
City for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by
the City by reason of any legal action challenging your claim.
1.85. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)IProposer(s) )tor
any of hisrher employees shall perform any work or deliver any goods unless a change order or purchase order is
issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid for any work performed
or goods delivered outside the scope o1' the Contract or any work performed by an employee not otherwise
previously authorized.
1.8G. USE OF NAiv1E - The City is not engaged in research for advertising. sales promotion, or other publicity
purposes. No advertising. sales promotion or other publicity materials containing information obtained from this
Solicitation are to be mentioned. or imply the name of the City. without prior express 4vriuetl permission of the City
Manager or the City Commission.
1.87. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, Bidders/Proposers must
indicate any variances from the solicitation specifications ardor conditions. no matter how slight. If variations are
not stated on their Response. it will be assumed that the product fully complies with the Citv's specifications.
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Invitation for Bid (IFB) 717381.3
2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract. for Landscape !Maintenance on US -I, as specified herein,
from a source(s). fully compliant with the terms. conditions and stipulations of the solicitation.
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION
Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the
Procurement Department. Atrn: Pearl Bethel. CPPB: fax: (305) 400-5340 or entail: pberhel@miamigov.com. and a
copy filed with the Office of the City Clerk, pursuant to Section 1.20. Cone of Silence, The solicitation title and
number shall be referenced on all correspondence. Alt questions must be receis-ed no later than November 27. 2017
@ 5;00 PM. All responses to questions will be sent to all prospective bidders/proposers in the form of an
addendum. NO QLESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE.
2.3. PRE-BID/PRE-PROPOSAL CONFERENCE
None
2.4. TERM OF CONTRACT
The Contract shall commence upon the date of notice to award and shall be effective for three (3) years with the
option to renew for two (2) additional one (i) year periods, subject to the availability of funds for succeeding fiscal
years.
Continuation of the Contract beyond the initial period is a City prerogative; not a right of the Bidder. This
prerogative will be exercised only when such continuation is clearly in the best interest of the City.
2.5. CONDITIONS FOR RENEWAL
Each renewal of this Contract is subject to the following:
(1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein;
and
(2) Availability of funds.
2.6. BIDDERS MINIMUM QUALIFICATIONS
Bids will be considered only from firms that are regularly engaged in the business of providing goods andfor
services as described iti this bid: that have a record of performance for five (5) years; and that have
adequate financial support, equipment and organization to insure that they can satisfactorily provide the goods-
andlor services if awarded a Contract under the terms and conditions herein stated. The minimum qualifications for
this bid are that the Successful Bidder shall. as of Bid Due Date:
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Invitation far Bid (1FB) 717381,3
1. Have a current certified license as a General Contractor from the State of Florida, Restricted Use Pesticide
(RLP) license from the Department of Agriculture. AND Miami -Dade County Business Occupational
License in the following trade: Landscaping. Submit copies of licenses with bid. Failure to submit may
deem Bidder non responsive.
2. Have Best Management Practice (Fertilizer Application License) Certification. Florida Nursery Growers
and Landscape Association (FNGLA1 Certification. and International Society of Arboriculture (ISA)
Certification - Submit copies of certifications with bid. Failure to submit may deem Bidder
non -responsive.
3. Have no record of pending lawsuits or criminal activities, and have never been declared bankrupt within the
last three (31 Years.
4. Not have any member. officer. or stockholder that is in arrears or is in default of any debt or Contract
involving the City. is a defaulter Surety otherwise, upon any obligation to the City, and/or has failed to
perform faithfully on any previous Contract with the City,
2.7. SUBCONTRACTOR(S)
As part of its bid. the Bidder is required to identify anv and all Subcontractors that will be used in the performance
of the proposed Contract, their capabilities. experience, and the portion of the Work to he done by the Subcontractor
using Attachment C - Subcontractors. Failure to identify any and all Subcontractors in the bid shall render the bid
non -responsive.
The Bidder shall not. at any time during the tenure of the Contract, subcontract any part of his operations or assign
any portion or part of the Contract to Subcontractor(s) not originally mentioned in their bid, except under and by
virtue of permission ,granted by the City through the proper officials.
Nothing contained in this specification shall be construed as establishing any contractual relationship between any
Subcontractor and the City. The Bidder shall be fully responsible to the City for the acts and omissions of the
Subcontractor and their employees, as for acts and omissions of persons employed by Bidder.
If Bidder does not include anv Subcontractor(s) as part of its bid submittal, it will be construed that Bidder will be
able to handle the entire workload by itself and will not be allowed to subcontract any of the Work unless it request
in writing the hiring of Subcontractors) with the aforementioned requirements attached to its request within
seventy-two (72) hours of considering hiring Suhcontractor(s). The City will grant or deny such request in writing
within forty-eight (48) hours of receiving said request.
The Work perforated by all Subcontractors shall be no more than ten perrent (10%) of the total Work for
this Contract.
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Invitation for Biel (IFB) 717381.3
2.8. REFERENCES
Each bid must be accompanied by three (3) references for Landscaping Contracts from 4yithin the past five (5)
years. (Attachment D Reference Submittal Form) as reflected In the Header/Attributes Section of this solicitation.
which shall include the name of the company, date of contract. description of services pro\ icled, a contact person
and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THESE REFERENCES.
2.9. METHOD OF AWARD
Award of the contract will be made to the three (3) lowest responsive and responsible Bidder(s) on a Primary.
Secondary and Tertiary basis, who bids on all items and whose bid offers the lowest price when all items are added
in the aggregate, using Attachment B - Price Sheet and ‘vho meet the specifications herein. In the event the Primary
vendor is unable to accept a project(s) due to capacity, time constraints, or other reasons acceptable to the City, the
City will offer the project to the Secondary vendor, and so on.
The City additionally reserves the option to obtain quotes from any of the three awarded vendors) for a specific
project(s). services. product, etc.. prior to the provision of the saute. Should the City determine the Primary vendor's
quote is too high or incomplete, the City has the right to obtain a quote from the Secondary or Tertiary vendor. in
order to obtain the required service in the most expedient manner and at the lowest possible price.
The City reserves the right to accept or reject any or all bids or part of bids, waive informalities and re -bid these
services specified herein.
2.10. TIE BIDS
Whenever two (2) or more bids which are equal with respect to price. quality and service are received by the City
for the procurement of commodities or contractual services. a bid received from a business that certifies that it has
implemented a drug -free xorkplace program shall he given preference in the award process. Established procedures
for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to
have a drug -free workplace program, a business shall:
(1) Publish a statement notifying employees that the unlawful manufacture. distribution. dispensing, possession. or
use of a controlled substance is prohibited in the workplace anti specifying the action that will be taken against
employees for violations of such prohibition.
(2) Inform employees about the dangers of drug abuse in the workplace. the business' policy of maintaining a
drug -free workplace. any available drug counseling, rehabilitation. and employee assistance programs, and the
penalties Mat may be imposed upon employees for drug abuse violations.
(3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of
the statement specified in subsection (1).
(4) In the statement specified in subsection (I). notify the employees that. as a condition of working on the
commodities or contractual services that are under bid. the employee will abide by the terms of the statement and
will notify the employer of any con% iction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or
of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later
than five (5) calendar days after such conviction.
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Invitation for Bid (1FB) 717381.3
(5) Impose a sanction on. ar require the satisfactory participation in a drug abuse assistance or rehabilitation
program. if such is available in the employee's community. by any employee who is so convicted.
(6) 1llake a good faith effort to continue to maintain a drug -free ‘vorkplace through implementation of this Sec ion.
2.11. INSURANCE REQUIREMENTS
INDEMNIFICATION
Successful Bidder shall indemnify. kohl / save harmless and defend at its own costs and expense, the City and its
officials. from and against any and all claims. liabilities. losses. and causes of action, which may arise out of
Successful Bidder's performance under the provisions of the Contract, including all acts or omissions to act on the
part of Successful Bidder. including any person performing under this Contract for or on Successful Bidder's behalf.
pro' bled that any such claims, liabilities. losses and causes ofsuch action are not attributable to the negligence or
misconduct of the City and. from and against any orders, judgments or decrees which may be entered and which
may result from this Contract, unless attributable to the negligence or misconduct of the City, and from and against
all costs. attorneys fees. expenses and liabilities incurred in the defense of any such claim, or the investigation
thereof.
The Successful Bidder shall furnish to the City of Miami. c/o Procurement Department, 444 SW 2nd Avenue. 6th
Floor. Miami. Florida 33130: Certificate(s) of Insurance Fyhich indicates that insurance coverage has been obtained
yvhich meets the requirements outlined below:
INSURANCE REQUIREMENTS FOR US-1 LANDSCAPE MAINTENANCE
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence - $ 1,000,000.00
General Aggregate Limit - $ 2,000,000.00
Products/Completed Operations - $ 1,000,000.00
Personal and Advertising Injury - $ 1,000,000.00
B. Endorsements Required
City of Miami listed as an additional insured
Contingent and Contractual Liability
Premises and Operations Liability
Explosion. Collapse and Underground Hazard
Primary Insurance Clause Endorsement
Herbicide and Pesticide Coverage
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Invitation for Bid (1FB) 717381,3
IL Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto
including Hired. Borrowed or Non -Owned Autos
Any One Accident: $ 1,000,000.00
B. Endorsements Required
City of Miami listed as an additional insured
III. Worker's Compensation
Limits of Liability
Statutory - State of Florida
Waiver of subrogation
Employer's Liability
A. Limits of Liability
S 100,000,00 for bodily injury caused by an accident. each accident
S 100.000.00 for bodily injury caused by disease, each employee
S 500,000.00 for bodily injury caused by disease, policy limit
IV. Umbrella Liability
Each Occurrence - $ 1,000,000.00
Policy Aggregate - $ 1,000,000.00
City of Miami listed as an additional insured.
Excess Follow Form over all applicable liability policies contained herein.
The above policies shall provide the City of Miami with written notice of cancellation or material change
from the insurer not less than thirty (30) days prior to any such cancellation or material change, or in
accordance to policy provisions.
Companies authorized to do business in the State of Florida. with the following qualifications, shall issue all
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Invitation for Bid (IFB) 717381,3
insurance policies required above:
The company must be rated no Tess than "A-" as to management, and no less than "Class V" as to Financial
Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New
Jersey, or its equivalent. All policies and for certificates of insurance are subject to review and verification by
Risk Management prior to insurance approval.
2.12. ADDITIONS/DELETIONS OF LOCATIONS/ITEMS/PRODUCTS/SERVICES/VENDORS
Although this solicitation identifies specific locationslitemsiproducts;services is be perforated. i. is hereby agreed
and understood that any facility/location/item/product/service may be ac'dedrdeleted to/froth this Contract at the sole
discretion of the City. 41 her, an addition to the Contract is required, tl:e Successful Bidtier(s) under this Contact
shall be invited to submit price quotes for I, ; •ations/iterns/pr cili is/services. if these quotes are
comparable with market prices offered for similar locations/items/products;services, they shall be added to the
Contract whichever is in the best interest of the City and an addendum and a separate purchase order shall be issued
by the City.
If additional vendors are required to perform the duties described within the Scope of Work, vendors will
be required to meet the minimum qualifications contained in Section 2.6. Bickers I4 linintum Qualifications. The
addition of vendors will be at the sole discretion of the City.
2.13. BID BOND
All Responses to this IFB shall be in Hard Copy Format as defined in Section 1.60. Preparation of Responses
(Hardcopy Format). and delivered to the Hard Copy Suomittal Location on the front cover.
All bids shall be accompanied by either an original Bid Bond executed b:. a Surety Company that is licensed to do
business in the State of Florida. having a resident agent in the State of Florida and having been in business tia ith a
record of successful continuous operation for at least five (5) years, or by money order. certified check. cashier's
check, Unconditional/Irrevocable Letter of Credit. treasurer's check or bank draft of arty national or state bank
(United States), in the amount of five percent (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 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) calendar days after the
award and Successful Bidder's acceptance of award. If ninety (90) calendar 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,
2.14. PERFORMANCE BOND
Within fifteen (15) working days following notice of award by the City, the Successful Bidder shall furnish to the
City of Miami, a Performance Bond in the total amount of the annual Cost to the City for the period of the contract
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Im itation for Bid (IFB) 717381,3
(to be determined at the time of award). The Performance Bond can be in the form of a Cashier's Check. made
payable to the City of Miami: a bond ti+.ritten by a surety company authorized to do business in the State of Florida
and shall comply with State Statute 237 0935: or an Irrevocable Letter of Credit. If the latter is chosen, it must be
vv,riuent on a bank located in Miami -Dade County. be in tlteamount of the annual contract and should clearly and
expressly state that it cannot be revoked until express written approval has been given by the City of Miami. The
City. to draw on same, would merely have to give written notice to the bank with a copy to the Successful Bidder.
Note: Please see Attachment F, Sample of Performance Bond forms to be submitted after award.
2.15. CITY OF MIAMI LIVING WAGE ORDINANCE
The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total Contract value
exceeding $100,000.00 annually. and that have been competitively solicited and awarded on. or after January 1,
2017 by the City.
"Service Contract" means a Contract to pro` ide services to the City, excluding, however, professional services as
defined by the "Consultants Competitive Negotiation Act" set forth in F.S. 9 287.055. and Section 18-87 of the City
Code, andior the other exclusions provided by Section 18-557 of the City Code. Section 18-557, City of Miami
Living Wage Ordinance. is attached as Attachment A. Please see provisions in Attachment A.
If a solicitation requires services, effective on January 1. 2017. Successful Bidder's must pay to all its employees,
who provide services. a living wage of no less than $15.00 per hour without health benefits; or a wage of no less
than S 13.19 an hour, with health benefits.
This language is only a summary of the key provisions of the City of ivlianii Living Wage Ordinance. Please review
Attachment A. attached hereto, for a complete and thorough description of the City of Miami Living Wage
Ordinance.
2.16. PRICE ADJUSTMENTS
Prices quoted shall be firm for the first year of the initial contract term (one year). No price increases shall he
accepted or considered during year one. Thereafter, additional years or renewal which may be approved by the City
shall be subject to price adjustments based on the Consumer Price Index (CPI) -Ali Urban Consumers. Miami -Fort
Lauderdale, FL. All Items.
Any requested adjustments shall be fully documented and submitted to the City at feast sixty (60) days prior to the
contract year end date. Any approved price adjustments shall become effective on the beginning of the date of the
approved contract renewal.
The City may, after examination. refuse to accept the adjusted costs if they are not properly documented, or are
considered to be excessive, or if decreases are considered to be insufficient. In the event the City does not wish to
accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City. the Contract will be
considered cancelled on the scheduled expiration date.
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Invitation for Bid (IFB) 717381,3
2.17. PROJECT MANAGER
Upon award, Successful Bidder shall report and work directly with Raphael Gonzalez, Public Works Operations
Coordinator. or designee. who shall he designated as the Project ;v1anager for the City.
2.18. LABOR, SUPERVISION, AND EQUIPMENT
The Successful Bidder(s) shall furnish, at his/her own expense. all labor. supervision, supplies, and equipment
necessary for satisfactory completion of all the services as specified in the IFB. All equipment shall be maintained in
an efficient and safe operating condition while performing work under the contract. Equipment must have all proper
safety devices required by law Nvhich shall be properly maintained and in use at all times. To this regard, the City
reserves the right to request a list of such items for approval of use. It may require a change of designated item(s)
that are deemed by the City as unsafe or which may create an uncomfortable environment and/or service to City
employees or patrons.
Successful Bidder(s) shall be soleiv responsible for the equipment used on this contract. TheCitywill provide
- Bidder(s) it not J
any storage facilities for said equipment or supplies.
2.19. PERSONNEL
The Successful Bidder(s) shall be deemed to represent that it has. or will have upon the award of the contract, all
necessary personnel required to perform all services arising from the award of the contract.
Ail services required herein shall he performed by the Successful Bidder(s) and all personnel engaged in performing
the services shall he qualified to perform such services
2.20. SUPERVISION
Successful Bidder shad keep on the work site during its progress. a full-time competent English speaking Supervisor
and any necessary assistants, all satisfactory to the City. The Supervisor shall not be changed except with the written
consent of the City. unless the Supervisor proves to be unsatisfactory to Successful Bidder and ceases to be in Ps
employ. The Supervisor shall represent Successful Bidder and all directions given to the Supervisor shall be binding
as if given to Successful Bidder and will be confirmed in writing by the City upon the written request of Successful
Bidder. The City shall be provided telephone number(s) and email(s) for the Supervisor, where the Supervisor can
be contacted during regular business hours (Monday - Friday, 8:00 a.m. to 5:00 p.m.). as well as after hours for
emergencies.
2.21. INVOICING
The City's Finance Department requires that original invoices be forwarded to a prescribed address as denoted in
every Purchase Order. However, Successful Bidder (s) shall forward a hardcopy of any original invoice to the City
Project Manager. Invoices shall include the following information at a minimum:
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Invitation for Bid (IFB) 717381.3
Description of service:
Unit and total cost:
Purchase Order Number:
Address for which the services related to rhr invoice ;were performed;
Invoice number; and
Time period of service.
2.22. METHOD OF PAYMENT
Payment will be trade within forty-five (45) days. in accordance with Florida Statutes Sections 218.73 and 218.74
of the Prompt Payment Act for services rendered the previous month, upon submission of properly
certified/approved invoices. All such information shall be provided to the City Project Manager,
The City will pay the contract price minus any liquidated damages and/or other damages to the Successful Bidder
upon completion and acceptance. Damages caused by the Successful Bidder's employees shall be estimated by the
City Project 1`vlanager and computed actual costs of repairs shall be deducted from the Successful Bidders iota;
monthly billing.
2.23. NON -APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal
period for payments due under this Contract, the City. upon written notice to the Successful Bidder(s) or his
assignee of such occurrence. shall have the unqualified right to terminate the Contract without any penalty or
expense to the City. No guarantee. warranty or representation is made that any Project(s) will be awarded tc any
firm(s).
2.24. QUALITY OF WORK
All Work shall be performed using superior maintenance standards and techniques. The frequencies established for
repetitive maintenance tasks are minimum frequencies. which may be increased. as deemed necessary. by the City.
2.25. COMPLETE PROJECT REQUIRED
These specifications describe the various items or classes of Work required. enumerating and defining the extent of
saute necessary. Failure to list any item or classes under scope of the several sections shall not relieve the Successful
Bidder from furnishing. installing or perforating such Work where required by any part of these specifications, or
necessary to the satisfactory completion of the project.
2.26. RESPONSE TIME
A four (4) hour response time is required. Failure to respond to a service call within the specified time will result in
the Primary Vendor paving any and all costs associated with the repairs performed by a Secondary or Tertiary
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Invitation for Bid (IFB) 717381,3
Vendor,
2.27. FAILURE TO PERFORM
Should the Successful Bidder(s) fail to perform in full accordance, at any time. with the specifications as cited in this
IFB. Successful Bidder(s) may be determined to he in default of the contract. Successful Bidder(s) shall be required
to have sufficient equipment. supplies. and materials. at all times. At no time shall the Successful Bidder(s) be paid
for any day that his/her personnel fail to show up to a location or fail to perform in full accordance with the
specifications and to the satisfaction of the Project Manager. Should this occur. the City will deduct liquidated
damages as indicated under said provision. Should the Successful Bidder(s) fail to perform in accordance with the
contract as determined solely by the City. the City shall make the determination to deem the Successful Bidder(s) in
default. The City shall be the sole judge of non-performance, failure to perform, and default of contract. The date of
termination shall be stated in the written notice.
Should it not be possible to reach the Successful Bidder or Successful Bidder's Supervisor and/or should remedial
action not be taken within forty-eight (48) hours of any failure to perform according to specifications. the City
reserves the right to declare the Successful Bidder in default of the contract or make appropriate reductions in the
contract payment.
2.28. USE OF PREMISIS
The Successful Bidder shall confine his/her equipment,, apparatus, the storage of materials. and the operation of
his/her workmen to the limits indicated by law, ordinances, permits, or direction of the Project Manager. and shall
not unreasonably encumber the premises with his/her materials. The Successful Bidder shall take all measures
necessary to protect his/her own materials.
2.29. PUBLIC CONVENIENCE AND SAFETY
The Successful Bidder shall conduct his Work so as to interfere as little as possible with private business and public
travel. Successful Bidder shall, at their mvn expense, whenever necessary or required, maintain barricades, maintain
lights, and take such other precautions, as may be necessary. to protect life and property. Successful Bidder shall be
liable for all damages occasioned in any way by his.'her actions or neglect, or that of his/her agents or employees.
The Successful Bidder shall meet the following noise abatement performance standards for all equipment: bets°, een
the hours of 7:00 a.m. and 6:00 pin,. noise levels shall net exceed 80 cIBA at the nearest residential or commercial
property lire. Operation of equipment should be avoided between the hours of 6:00 p.m. and 7:00 a.m., bur if
required. the noise level shall not exceed 65 dBA,
2.30. SAFETY MEASURES
Successful Bidder shall take all necessary precautions for the safety of employees. and shall erect and properly
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Invitation for Bid 1IFB) 717381.3
maintain at all times all necessary safeguards for the protection of the employees and the public. Successful Bidder
shall obtain the proper lane closure permits through the Florida Department of Transportation (FDOT) when
performing maintenance and shall be in compliance with ail Maintenance of Traffic (MOT) standards.
Danger signs warning against hazards created by his/her operation and Work in progress must be posted, All
employees of Successful Bidder shall wear safety glasses or goggles, appropriate clothing. and hearing protection
when and wherever applicable. The Successful Bidder shall use only equipment that is in safe operating order and
condition, Successful Bidder shall be especially careful when servicing property, and when pedestrians and vehicles
are in close proximity - Work shall cease until it is safe to proceed.
2.31. DAMAGES TO PI.JBLIC/PRIVATE PROPERTY
The Successful Bidder shall carry out the Work with such care and methods as not to result in damage to public or
private property adjacent to the Work. Any damage caused by the Successful Bidder(s) shall be reported to the
Project Manager in writing. Should any public or private property be damaged or destroyed. the Successful
Bidder(s). at his/her expense, shall repair or stake restoration as is practical and acceptable to the City and/or owners
of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one month frcm date
damage was done).
2,32. LIQUIDATED DAMAGES
Failure to complete the Project in accordance with the specifications and to the satisfaction of the City within the
time stated. shall result in liquidated damages being assessed against the Successful Bidder. The Successful Bidder
shall be subject to an assessment of liquidated damages in the amount of one hundred dollars($100.00) for each and
every calendar day that the V'ork remains incomplete (not ro exceed the total amount of she Contract), as
compensation due to the City for loss of use and for additional costs incurred by the City. due to such
non -completion of the Work. The City shall have the right to deduct said liquidated damages from any amount due
or that may become due to the Successful Bidder under this agreement, or to invoice the Successful Bidder for such
damages if the costs incurred exceed the amount due to the Successful Bidder.
2.33. EMERGENCY / DISASTER PERFORMANCE
In the event of a hurrir-ane or other emergency or disaster situation. the Successful Bidder (s) shall provide the City
with the commodities -services defined within die scope of this Solicitation at the price containers within Successful
Bidder's response. Further, Successful Bidder shall deliver/perform for the City on a priority basis during such
tittles of emergency.
2.34. TERMINATION
A. FOR DEFAULT
If Successful Bidder defaults in its performance under this Contract and does not cure the default within thirty
(30) calendar days after written notice of default. the City Manager may terminate this Contract. in whole or in part.
upon written notice without penalry to the City of Miami. In such event the Successful Bidder shall be liable for
damages. including the excess cost of procuring similar supplies or services: provided that if. (1) it is determined for
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Invitation for Bid (IFB) 717381,3
any reason that the Successful Bidder was not in default or (2) the Successful Bidder's failure to perform is without
his or his Subcontractor's control, fault or negligence. the termination will he deemed to be a termination for the
convenience of the City of iNliaml.
B. FOR CONVENIENCE
The City Manager may terminate this Contract. in \a ladle or in parr, upon thirty (30) calendar days prior written
notice when it is in the best interest of the City of Miami. If this Contract is for supplies. products. equipment. or
software, and so terminated for the convenience by the City of Miami. the Successful Bidder wil! be compensated in
accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated,
the City of ;Miami shall be liable only fur payment in accordance with the payment provisions of the Contract for
those services rendered prior to termination.
2.35. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included as part of your solicitation response shall be evaluated or considered.
and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this
solicitation. If submitted either purposely, through intent or design. or inadvertently, appearing separately in
transmittal letters. specifications. literature, price lists or warranties. it is understood and agreed that the General
Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that
the Bitider(s) authorized signature affixed to the Bidder(s) acknowledgment form attests to this.
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invitation for Bid (IFB) 717381,3
3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
The City of Miami ("City") on behalf of the Public bVorks Department ("Public Works") is soliciting bids for US-1
Landscape Maintenance Services. The Successful Bidder shall furnish all labor, supervision. vehicles, tools,
transportation, supplies, fuel. equipment, and materials as required to perform complete landscaping maintenance,
The Successful Bidder shall perform the landscaping maintenance services on the medians located on US-1 between
the 1-95 Southbound exit and SW 37th Avenue. In addition. maintenance shall also include the strip cif land berwveen
the wall. curb. and trellis located on the US-1 Northbound lane between Vizcaya and SW 19tht Avenue and the I-95
Embankments located between SW 32nd Road and west of South Miami Avenue; State Road ("S.R.") 9/SW 27
Avenue from SW 28th Lane to the SW 8th Street right-of-way.
Locations:
The Successful Bidder, at a minimum. shall perform the following services in accordance with the frequencies
indicated on Attachment E-Sample Work Schedule in the 1-1eaderf.Attach«tents Section of the IFB.
US-1 Between I-95 Southbound exit and SW 37 Ave.
Mowing. weeding, trimming. debris and litter pick up. sweeping, fertilizing, herbicide and insect spraying. edging
and pruning, re -installing root guards, removing dead trees, and fronds, as well as lower branches. removal of all
undesirable plants, and invasive exotic plant materials. In addition to watering. and mulching of the medians.
Strip of land by the wall and on the trellis
Mowing. a eeding, trimming, debris and liner pick-up. sweeping, herbicide and insect spraying,
I-95 EmbatJGments:
Mowing, weeding, trimming, debris and litter pick-up, sweeping, herbicide, and insect spraying.
S.R 9/SW 27 Avenue from SW 28th Lane to the SW 8th Streetrigitt-of —way:
Mowing. wweeding, trimming, debris and litter pick up. swweeping, fertilizing, herbicide and insect spraying. edging
and pruning, re -installing root guards, removing dead trees. and fronds, as well as lower branches. removal of all
undesirable plants. and invasive exotic plant materials. In addition tow watering, and mulching of the medians
Tasks:
The Successful Bidder shall perform the above task in accordance with industry standards, in addition. to the
specifications below:
1.) Mowing:
Mowing shall be performed in a manner consistent kvith landscape maintenance industry standards that ensures
smooth surface appearance without scalping or leaving any uncut grass.
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Invitation for Bid (!FB) 717381.3
a. All stowing equipment shall be equipped with adjustable and functional discharge chutes. Discharge chutes
shall be angled dow n+v and as necessary to prevent the discharge of clippings or other generated debris into
pedestrian areas, roadways, or other areas that may cause damage or injury to persons or property. Discharge chutes
shall be adjusted downward at a minununt 35 degree angle from horizontal when conducting mowing operat:-ons
along medians and roadway edges.
b. Ali mowers must be adjustable and adjusted to the proper crating height and level for the kind of grass and
current condition. Mower- blade height adjustment is to be measured from a level floor surface to the parallel and
level plane of the nroaver blade.
c. Ali mower blades are to be sharp enough to cut. rather than to tear grass blades.
d. All liner and debris is to be removed from grass before mowing to avoid items that may be propelled by mower
hlades.
e. Mowing Nvi!1 he done carefully so as not to damage tree hark, tree supports or shrubs, intrude into ground cover
beds. damage sodded berms. sprinkler heads. valves. manifolds. time clocks. curbs, or other items within or adjacent
to the maintenance area.
f. Grass clippings or debris caused by mowing or trimming shall be removed from adjacent walks. streets, drives.
gutters, and curbs or surfaces on the same day as mowed or trimmed. Nothing shall be allowed to stay in the vicinity
of a storm water inlet/catch basin(s) nor be allowed to enter into any inlet. catch basin or body of water. Failure to
follow these requirements may result in termination of the Agreement.
g. Mowing shall not be done when weather or conditions will result in uneven cutting.
h. Grass shall not be mowed iower than two (2) inches in height. Cut heights should be set to remove half (1.2) of
the blade height. not to exceed three quarter (3/4) of the blade height. with an average maintained height of three (3)
to four (4) inches.
Note: Excess clippings shall be removed from roadways and sidewalks. Under no circumstances are excess
clippings to be placed on, near, or in a catch basin. storm drain. or water body.
2.) Trimming and Edging:
Trimming:
a. Grass shall be trimmed during, or as an immediate operation following. mowing. Trimming may be
accomplished by hand or hand fish line cutting machines. Successful Bidder shall use special care when trimming
around trees to limit damage to bark surface and/or the living cambium ]ayerbenearh, and when trimming around
sprinkler heads and other irrigation system fixtures to assure their proper water delivery function.
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Invitation for Bid (1FB) 717381.3
Elfin:
a. Mechanical edging of all turf edges aitutting sidewalks. and flush paved surfaces, including all road curbs.
drives, etc., will be done during or as an immediate operation following the mowing for the cycle as follows: turf
will be edged approximately eighteen (18) inches outside and around all trees that are in lawn areas, or as directed
by City Project Manager or designee. Turf will be edged approximately ten (10) inches out from the drip line of
shrubs and hedges. Turf edging at shrub beds. flower beds, ground cover beds, hedges, or around trees (where
"edging" rather than 'trimming" is directed) shall be edged with a manual or mechanical edger to a neat vertical
uniform line. Dirt and debris produced by edging or trimming will be removed and swept from adjacent hard
surfaces including but not limited to roadways. sidewalks, and trails during or as an immediate operation following
the mowing.
b.. Chemical Edging: Chemical application may be used as an alternative to mechanical edging to kill weeds and
trier in and around areas such as planters. areas adjacent to buildings. trees. fence lines. sprinkler heads, and cement
medians (concrete divider isles). Prior to application of chemicals, all areas shall be trimmed to proper mowing
height. Chemicals shall be applied in a manner to limit drift to three (3) inches on either side of the application line.
Successful Bidderis responsible for replacement of all damaged sod at Successful Bidder's cost and City shall not be
financially responsible for replacement of sod damaged by Successful Bidder. !Isar' replacement is not complete
within one week of written notification. City may replace and deduct the cost of replacement from the next invoice.
3.) Weed Control:
a. '4Veetls are to he mechanically or chemically removed from medians. strip of land by wall, and ort trellis,
embankments, and right-of-ways.
h. Successful Bidder may use contact herbicides for killing spots of weeds in St. Augustine grasses, with written
permission from the City Project Manager or designee.
i,)Sbt'ub and Hedge Care:
Shrubs and hedges shall be maintained in a healthy. growing correct color condition and in the shape and area
specified. or as specifically directed by City designee.
Successful Bidder shall prune all shrubs and hedges including, but not limited to. the removal of dead and/or broken
branches, suckers or sprouts. branches that may hang over walkways. grow through fences or obscure roadway
vision. Pruning shall be performed to have shrubs appear orderly and neat at all times.
All pruning will be accomplished in accordance with standard industry practices using the appropriate pruning tools
for the task at hand. Machetes and axes shall not be used in pruning operations.
5.) Mulch;
Mulch shall be added in accordance with Attachment E. Schedule: of Activities. Spanish Gold or Eucalyptus Mulch
shall be applied three (3) inches thick. however, no mulch shall be placed around the immediate base of shrub
stems.. Beds shall be clean of weeds before new mulch is applied. Beds may be cultivated to help achieve this depth
prior to application of new mulch. Mulch shall not be placed closer than five (5) inches from the base of trees or
palms.
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invitation for Bid (1FB) 717381.3
6.) Tree Care:
All tree work shall be supervised by au international Society of Arboriculture (ISA) or National Arborist
Association (NAA) certified arborist. All work shall be performed in accordance with guidelines set forth in the
latest editions (SANS) Z133.1 and ANSI 1300 (Safety and Pruning Standards) as published by the American
National Standards Institute. Under all circumstances, this work should be performed so as to ensure the highest
possible value for each tree is maintained. based on the International Society of Arboriculture (ISA) Standard
Valuation Guidelines. Other Standards of practice as published by the United States Department of Agriculture
("USDA"). Florida Department of Agriculture and Consumer Services - Division of Forestry. and/or University of
Florida/Florida Cooperative Extension Service - institute cf Food and Agriculture Sciences. may be referenced when
local conditions are not specifically addressed by the NAA or ISA guidelines. Successful Bidder shall possess a ISA
certification or have a Supervisor with ISA certification. and have a tree trimmer licensed employee with a valid
Miami -Dade County issued Tree Trimmer License and shall at all times have a Tree Trimmer Licensed employee on
the job site during tree trimming operations. Successful Bidder, at all times. shall be in compliance with
Miami -Dade County standards and requirements as they pertain to Tree Trimming.
Palm Trees
Dead fronds from palm trees shall be removed from the ground as they fall. Sabals and 'Washington Palms shall be
thinned of dead or dying fronds twice annually with one (1) with one pruning cycle to occur in June and one (1) to
occur in November. With the exception of seed pods. no healthy green fronds are to be removed wwithout prior
written approval from the City Project Manager or designee,
Shade Trees
Shade Trees including but not limited to Oaks, Mahogany's. Gumbo Limbos. Ficus. etc. shall be pruned as
necessary to remove sucker growth and to maintain clear visibility between grade and a height of at least eight (8)
feet. All damaged, dead or diseased limbs resulting from weather or pests shall be removed innmediately. One (1)
time per year. Successful Bidder shall shape shade trees to ensure a neat and uniform appearance.
Accent Trees
Accent Trees including but not limited to Cattley Guava, Ligustrum. Oleander Standards. etc. shall be pruned by
thinning to maintain shape of tree every other month.
7.) Utter and Debris Pick-up:
Litter removal from medians. strip of land by wall, and on trellis. embankments, and right-of-ways shall be
completed prior to each mowing operation on the same day.
a. Litter is to be removed entirely from the sites and disposed of in accordance with City of Miami and
Miami -Dade County Ordinances, at Successful Bidder's expense (no dumping an City property shall be permitted),
b. City retains the right to request debris removal upon a finding by City staff that such services are necessary.
8.) Additional Services:
In addition to the required services. the City may on an "as needed' basis require the Successful Bidder to perform
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Invitation for Bid (IFS) 717381,3
the below services. When required, the Project ))Manager or designee will request a quote based on pricing provided
for the additional services.
•
•
Tree/Patin stump removal
Sodding
Planting of Trees/Palms
Planting of shrubs
Watering
These services shall be provided in accordance with industry standards, in addition to the specifications below:
Planting o€Trees/Palms: See Section 3.2,
Sodding: See Section 3.3.
Tree Removal: Successful Bidder (s) shall supply labor. supervision, tools. and equipment for removal and proper
disposal of trees. All removals shall include stump grinding or stump removal \,here appropriate.
Tree Standing: Upon request of City Project Manager or designee in writing. Successful Bidder shall supply labor,
supervision. tools, and equipment to re -stand. guy and stake any trees that are leaning or have fallen and are
considered to be salvageable.
General use of Chemical Pest Control: Shrub. Tree. Groundcover Insect Control: Shrub, tree, and groundcover
insect control shall be provided for insects identified by Successful Bidder or City staff as problematic and shall be
treated as needed upon approval of the Cite Project Manager or designee. Some specific insects to be controlled
include but are not limited to aphids. scale, white fly, and grasshoppers. In addition, the following guidelines shall
be adhered to when performing pest control:
a. Ali work involving the use of chemicals shall be in compliance with all federal. state and local laws and will
be accomplished by or under the direction of a person holding a valid Florida Certified Pesticide Applicators
License. Application shall he in strict accordance with all governing regulations.
b. Material Data Safety Sheets (MSDS) sheets for all proposed chemicals to include, commercial name,
application rates and type of usage shall be submitted to the City Project Manager or designee for approval ar the
beginning of this Agreement. All proposed chemicals shall be approved by the Florida Department of Agriculture.
No work shall begin until written approval of use is obtained front the City Project Manager or designee.
C. Chemicals shall only be applied by or under the supervision of those persons processing a valid Florida
Certified Pesticide Applicators License. Applications shall be in strict accordance with all governing regulations.
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Invitation for Bid (IFB) 717381.3
cl. Records must be kept and retained (with copies provided to the City in application report) as prescribed by
law for the use of pesticides of all operations stating dales, times. methods of applications, chemical formulations,
applicators names and weather conditions.
e. Chemicals shall be applied when air current are still and using methods preventing drifting onto adjacent
property and preventing any toxic exposure to persons whether or not they are in or near the project. No spray
applications are permitted when prevailing wind speeds exceed five (5) miles per hour,
Note: Any sail. sod or plants contaminated or damaged by misuse of chemicals on the sites will be removed and
replaced. with such removal and replacement cost paid for by the Successful. Bidder (s).
Environmental] Protection: Successful Bidder (s) shall comply Chapter 17, Environmental Preservation of
Miami City Code. and City Ordinance 12636 and 13033. Any violations of this Code by Successful Bidder (si wi]i
automatically prompt the damages to be bourne by Successful Bidder (s) and no additional charges will be allowed.
Code Compliance: All Work shall comply with the South Florida Building Code, City of Miami Code, and
I'viianti-Dade County Code. Successful Bidder (s) 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 IFS.
Proper Equipment and Operation: The Successful Bidder is) shall comply with the National Environmental
Policy Act (NEPA) and Noise Control regulation - County and City Code.
Permits: The Department of Public Works will issue a Tree Permit for any removal. trimming and installation of
trees and paints.
3.2. PLANTING
PLANTING GENERAL
The Successful Bidder (s) shall provide all labor, supervision. materials, and equipment, watering and related
services required to complete the work in accordance with the Contract Documents and specifications. The work
shall be coordinated with other Contractors as to prevent any conflicts as.to scheduling with others. The Successful
Bidder (s) is prohibited from blocking traffic during peak traffic hours (i.e.. any time prior to 9:30am and any time
after 3:30pm).
11.PERSONNEL: All planting shall be performed by personnel familiar with planting procedures and under the
supervision of a certified landscaper who is to be present at the jobsite during the course of the work.
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Invitation for Bid (IFB) 717381,3
III.PROTECTION OF UTILITIES AND STRUCTURES: Prior to the preparation of planting areas or plant pits.
the Successful Bidder (s) shall ascertain the location of all electrical cables. conduits. utility limes. oil tanks and
supply lines, so that proper precautions may he taken not to disturb or damage any subsurface improvements. In the
event any are uncovered, the Successful Bidder (s) shall promptly notify the Project Manager or designee, who shall
arrange to relocate the plant material. if possible. The Successful Bidder (s) shall be responsible for any damage
caused to utilities and structures. as a result of Successful Bidder (s) performing services without due care, and shall
properly maintain the protection or sauce,
IV.CLEAN UP: If the Successful Bidder (s) fails to clean up, the City may, do so and the cost thereof shall he
charged to the Successful Bidder (s).
V.SUBMITTALS:
A.Cnit Prices: The unit prices bid will serve as the basis for any required additional service to the Contract.
S.Materials: Submit four (4) 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 %sires and painted s.auiple of vt oad braces. Submit these within thirty (30) calendar days after award of Contract.
C.Schedule: A derailed sequence of planting shall be submitted to the City by the Successful Bidder (s). Submit
revised schedule when departure from saute 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) calendar days after award of Contract for review by the City.
MATERIALS
I. COMMERCIAL FERTILIZER:
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 approved equal.
1I. PLANT MATERIAL:
A,Worcls "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, 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
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Invitation for Bid (IFB) 717381,3
burlap plants.
D.All plants shall have been transplanted or root pruned at least once in the three (3) years previous to Contract
effective date. Root bound container plants will not be accepted.
E.Collected palms shall be heeled in the nursery for no less than three (3) 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.".
H.Plants specified shall be used. Substitutes will not be allowed unless sufficient evidence is submitted in writing,
indicating plant unavailability. The Successful Bidder (s) is to submit suggested listing of substitutes for review and
comment by the City's Project Manager or designee. No substitutions shall be made unless approved in writing_ Said
substitutes shall be submitted no less than five (5) calendar days after award of Contract.
I.Any materials and work may be rejected if; in the sole discretion of the City's Project Manager or designee, such
does not meet the requirements of these specifications. All rejected materials shall be promptly removed from the
site by the Successful Bidder (s) at their expense.
J.Plants existing on the sire and transplanted by the Successful Bidder (s) shall be subject to Successful Bidder's
guarantee.
K.P]anis used where symmetry is required shall be matched as nearly as possible. The Successful Bidder (s) shall
tag all trees and palms at the nursery for review by the City's Project Manager or designee. The tagging for review
shall be made no less than forty-five (45) calendar days prior to the projected installation date. All material shall be
clearly identified by the use of colored vinyl tapes. The Successful Bidder (s) shall tag ten percent (10%) more than
the quantities required, and give five (5) calendar days minimum notice prior to nursery visit.
111.SOIL MOIST POLYMERS: Provide Soil Moist acrylic copolymers to each planting pit/tree or palm planting
location. Contact: Nursery and Landscape Supply (305) 235-9311 or Terra International (305) 2,17-1521.
IV.PLANTING SOIL:
Provide planting soil which contents include:
50`i% Muck
50% Coarse Silica Sand
Or as indicated in the Landscape Plans.
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Invitation for Bid (II;B) 717381,3
V.MULCH: Shall be as indicated in the bid, or Eucalypts Mulch Grade "A." delivered to the site in sealed and
marked hags., or approved equal.
EXECUTION
I. SHIPMENT AND DELIVERY:
A.The Successful Bidder (s) shall notify the City's Project Manager or designee forty-eight (48) hours in advance,
prior to delivery of plant material.
B.Plairt material shall he protected from weather. adequately packed to prevent breakage and drying out during
transit.
C.Plants shall not be planted until they have been inspected at receiving site. and accepted by the City's Project
Manager or designee. Plans which do not tweet specifications for duality 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 Successful Bidder (s), and approved nursery stock of like variety. size and age shall be
replaced by Successful Bidder (s) vy ithout 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.AII guying and staking shall be indicated in the Specifications.
B.It shall be the Successful Bidders responsibility to prevent plants from falling or being blown over, to straighten
and replace all plants which are damaged. Plants blown over by high winds shall not be cause for additional
expense to the City, and shall be the responsibility of the Successful Bidder (s). Damaged plants shall be replaced
by the Successful Bidder (s) at no additional expense to the City. except the Successful Bidder (s) shall not ba 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 Successful Bidder's work shall conform to accepted horticultural practices as
used in the trade.
B.Plants shall he protected upon arrival at the site by being thoroughly watered and properly maintained until
planted. Plants shall he planted within twenty-four (24) hours after arriving at site. At all times. proper horticultural
practices of performing the Work shall be exercised.
C.Before digging holes or beds, the Location and arrangement of the planting shall be staked by the Successful
Bidder (s) and accepted by the City's Project Manager or designee. The staking should be ready for inspection at
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Invitation for Bid (IFB) 717381.3
least five (5) days prior to the projected planting date. The stakes shall be 47 Rebar. at least 18" in length and
painted kr,ith bright real 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
Successful Bidder (s) shall be held responsible for any damage to. and for maintenance and protections for existing
utilities and structures.
F.All circular pits with vertical sides shall be excavated to sizes and depth as shown in the Specifications (Misc.
17-2993-4) and backfilled with planting soil. The Successful Bidder (s) shall test fill ail 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 dire 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 root ball 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 he 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.
11.After placing the plant its 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.
l.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. cui away and removed. after which the balance of the pit shall be backfilled and tamped.
j.All plants shall be thoroughly watered al time of planting and kept adequately watered until time of acceptance.
The Successful Bidder (s) shall provide the means where water lines are not available.
K. Apply fertilizer to planting beds and saucer areas as follows:
1.Trees: One (1) pound per inch trunk diameter. Spread fertilizer evenly about the base away from trunk diameter.
2.Thoroughly water plants before and after fertilization then mulch.
L.Three (3) inches of mulch shall be placed between and around all plant material within twenty-four (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 he watered thoroughly.
? l.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 bz inch diameter shall be painted with an acceptable tree wound dressing. Trees with
pruned terminal leaders will not be accepted.
N.Durirtg the course of planting, excess and waste materials shall be removed daily. All reasonable precautions
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In\ Ration for Bid (IFB) 717381.3
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.
1V. MAINTENANCE PRIOR TO INSPECTION FOR ACCEPTANCE:
i\, Maintenance shall begin immediately after each plant (1 gal. shrub and 3 gal shrub) is planted and shall continue
throughout the course of operations on the site.
1. Watering Plants shall be watered by hose soaking thoroughly each day for the first two (2) weeks (fourteen (14)
calendar days) and every other day for the following two (2) week period. Soaking then shall continue on a twice
weekly basis for another period of three (3) weeks, amounting to a total of forty-five (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, spraying. dusting, weeding, cultivating, mulching, tightening.
staking. fertilizing and repairing of braces and goys, 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 al] other care needed for proper growth of the plants.
1. Watering ,.\I] Trees and Palms shall be watered by hand hosing as follows: once a day for the first three (3) weeks
after planting and three (3) 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
Successful Bidder (s) 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 Successful Bidder (s) at his expense if such damage occurs prior to acceptance by the City's
Project Manager or designee,
V. INSPECTION FOR ACCEPTANCE:
A.lipon completion plait planting. an inspection for acceptance -of work will he held. The Successful Bidder (s)
shall notify the Project Manager or designee for scheduling of the inspection five (5) days prior to the anticipated
inspection date. Partially completed portions will not be inspected. It is the Successful Bidder'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 he given by the Project Manager and/or City Engineer that the guarantee period begins from the date of
the inspection.
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Invitation for Bid (IFB) 717381.3
C.ln case substantial numbers of plants are sick or dead at the time of inspection, acceptance will not be granted and
the Successful Bidder'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 Successful Bidder (s) shall
continue to hand water all trees and palms three (3) times a week for four (-1) weeks.
VI. PLANT GUARANTEE AND REPLACEMENT:
A.Cuarantee:: All plant materials including site relocated material by the Successful Bidder (s) shall be guaranteed
for a period of one (1) 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 Additional Services from an outside vendor. the Successful Bidder (s) will only be
responsible for the planting. Only then, will the plant guarantee not be applicable to the Successful Bidder (s).
B.Replacetnents: During the guarantee period, there shall he monthly inspections between the Successful Bidder (s)
and the City Project Manager or designee to ascertain the viability of the plant material. Any plant that is missing.
dead or Mils to become established due to Successful Bidder's negligence shall be replaced at no cost to the City
within ten (ID) days after the monthly inspection, At the end of the guarantee period. the Successful Bidder (s) shalI
notify the City's Project Manager or designee that the project is ready for final inspection. Any plant that is nor alive
or ]'ails to show satisfactory growth or is missing due to Successful Bidder's negligence will he removed and
replaced at no cost to the City. 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.Ilaterials and Operations: All replacements shall be plants of the same kind and size specified in the Plant
Schedule. Plants shall be furnished and planted as specified with the cost borne by the Successful Bidder (s). 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 Additional Services on Attachment B:
Price Schedule shall he utilized, as directed by the Project Manager or designee when quoting on requested A
dclitinna] Services.
3.3. SODDING
SODDING
1, SCHEDULING OF WORK: The work shall be as coordinated with other Contractors as to prevent any
conflicts in scheduling with others.
II. PERSONNEL: Ali planting shall he performed by personnel familiar with planting procedures and under the
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1n� ration for Bid (IFB) 717381.3
supervision of a qualified planting foreman.
III. PROTECTION OF UTILITIES AND STRUCTURES: Prior to the preparation of sodding areas, the
Successful Bidder (s) 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 nor to disturb or damage any surface improvements. The
Successful Bidder (s) shall be responsible for any damage to utilities and structures and shall properly maintain the
protection of same.
IV. CLEAN UP:
A. The Successful Bidder (s) at all times shall keep the premises free form accumulation of waste materials or
rubbish caused by his operations. At the compietion of the «ork, Successful Bidder (s) shall remove all waste
materials and rubbish from the project site as well as all tools, construction equipment, machinery and surplus
materials and shall clean all surfaces and leave the project site "broom clean".
B. If the Successful Bidder (s) fails to clean up, the City may do so and the cost thereof shall be charged tc the
Successful Bidder (s).
V. SUBMITTALS: Submit samples of pluming 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.
MATERIALS
I. SOIL BLANKET: As supplied by 14IORRIS MAGIC SOIL or equal. Soil shall be 40% everglades peat and 60%
fine lawn sand thoroughly mixed. No site mixing shall be allowed.
11. 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 manufacturers Certificate of Compliance covering analysis.
Furnish guarantee statement of certificate of compliance to the City's Project Manager or designee.
III. SOD:
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Invitation for Bid (IFB) 717381,3
A. Replacement sod shall be St. Augustine Crass (Florararn) 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 nor more than a week before cutting into uniform dimensions.
Certifications as to type of grass and other requirements shall be made and submitted ro the City's Project Manager
or designee.
IV. SAND: Provide clean, fine sand.
V. WATER: Potable. The Successful Bidder (s) are responsible for providing water even if none is available on
the site.
EXECUTION
1. GENERAL: Fine grades all lawn and planting areas.
II. SODDING: Under this section. the Successful Bidder (s) shall perform the preparation of the areas to be sodded
as herein specified
A. Successful Bidder (s) shall remove all existing grasses and weeds from the areas to be sodded. The Successful
Bidder (s) shall smooth out all areas to establish an even grade for sod planting. Ail areas shall be graded ro drain.
B. Successful Bidder (s) shall remove all rock or foreign material one inch or greater in diameter and lay two (2)
inches of soil blanket uniformly and thoroughly incorporated into top most four (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 additional topsoil and the surface shall he regraded and rolled until
presenting a smooth and even finish.
D. Successful Bidder (s) shall call City's Project Manager or designee for an inspection for approval of graded areas
prior to sodding.
E. Water the soil twenty-four (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
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Invitation for Bid (IFB) 717381.3
following surd laving. the lawn areas shall he rolled w ith a lawn roller customarily used for such purposes. and then
thoroughly uaiered immediately. During delivery. prior to and during the plantin of the lawn area. the sod oanels
shall ai 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
rnoisture.
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 V inch below the top of abutting paved areas.
1. 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:
A. The Successful Bidder (s) 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 by the City's Project Manager or designee. 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 front a watering truck, no temporary irrigation heads
10yi11 be allowed. Al! sodded areas are to be watered to provide at least one (1) inch of water per week in bi-weekly
applications. ‘Vatering is to continue until inspection for acceptance is made and approved by the City's Project
Manager or designee. All watering is to be done in the presence of the City's Project Manager or designee.
D. Damage resulting from erosion. gullies. washouts or other causes shall be repaired by filling with lawn sand.
Tamping, refertilizing and resoclding by the Successful Bidder (s) shall be at the expense of the Successful Bidder
(s) 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 Successful
Page 51 of 52
Invitation for Bid (IFB) 717381,3
Bidder (s) shall notify the City's Project Manager or designee for scheduling of the inspection ten (10) calendar 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 City's Project Manager- or designee to the Successful Bidder (s) 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 he granted and
the Successful Bidder'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
saute manner.
V. SOD GUARANTEE AND REPLACEMENT:
A. Guarantee: Sod shall be guaranteed for a period of ninety (90) calendar 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 City's Project Manager or designee and the Successful Bidder (s)
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 Successful Bidder (s) shall then proceed to
replace sod that is dead or not in satisfactory condition, said replacement shall carry a ninety (90) days replacement
guarantee.
C. All non -irrigated sodded areas shall be watered as described under 2B.03.111.C. for four (4) weeks after the
inspection for acceptance. All watering to be done in the presence of the City's Project Manager or designee 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 Successful Bidder (s) at no additional cost to
the City.
VI. MANTENANCE GUIDELINES: The Successful Bidder (s) shall supply the City's Project Manager or designee
with a detailed maintenance schedule for all sodded areas thirty (30) calendar days after Award of Contract.
Page 52 of 52
ATTACHMENT A
CITY OF MIAMI LIVING WAGE ORDINANCE
ARTICLE X. - LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY
EMPLOYEES.
Footnotes:
--- (9) ---
Sec. 18-556. - Definitions.
City means the government of the City of Miami or any authorized agents, any board, agency; commission,
department. or other entity thereof, or any successor thereto.
Contract means any contract to provide services to the city in which the tctai value of the contract exceeds
St 00,000.00 per year.
Contractor means any "for profit" individual, business entity, corporation, partnershir, limited liability
company, joint venture, or similar business entity which meets the following criteria:
(1) The contractor is paid in whole or part from one or more of the city's general funds, capital project funds.
special revenue Funds, or any other funds. including, but not limited to, grants, donations, and the like.
whether by competitive bid process, requests for proposals, or some other form of competitive
solicitation, negotiation, or agreement, or any other decision to enter into a contract: and
The contractor is engaged in the business of or part of a contract to provide services for the benefit of
the city. This section shall apply to employees of the contractor who spend the majority of their time on
covered City of Miarni service contracts. If the contract is for both goods and services it shall only apply
to the services portion of such contract. This section shall not apply to contracts which are prrnariiy for
the sale or leasing of goods. Goods are defined in section 18-73 of the City Code.
Covered employee means anyone employed by the city working more than 35 hours per week or any service
contractor employee, working full or part-time. with or without benefits. that is involved in providing services under
the service contractor's contract with the city.
Covered employer means the, city and any and all service contractors and subcontractors of a service
contractor.
(2)
Living wage means a wage that is as defined in section 18-557 of gills Code. The living wage may be adjusted
once annually by an arnount equivalent to the cost of living adjustment for h,liami-Dade County as published by
the United States Department of Labor, Bureau of Labor Statistics. Language so stating will be included in all
request for proposals, or other competitive solicitation documents. issued by the city for the procurement of
services (unless the living wage provisions are excluded as provided in section 18-557 herein).
New service contracts means those having contracts competitively solicited and awarded on or after January
1, 2017.
Page 1
(31
Service coiitract means a contract to provide services to the city excluding. however, professional services
as defined by the "Consultants Competitive Negotiation Act" set forth in F S. § 287.055. and section 18-87 of the
City Cod and -or the other exclusions provided by section 18-557 of the Cit,r Code.
(Ord. No. 12787, § 2. 4-6-06; Ord.. No. 13648, § 2, 11-17-16)
Sec. 18-557. - Living wage.
(a) Living wage paid.
(1) New service contractors. All new service contracts shall pay to all its employees who provide covered
services a living wage of no less than $ 15.00 per hour without heath benef ts; or a wage of no less than
$ t3.19 an hour with health benefits as defined in this section unless otherwise excluded pursuant to this
article.
(2) Existing service contracts Service contracts awarded and effective or competitively soticitec prior to
January 1, 2017, shall not be subject to the payment of the living wage set forth in this section and shall
continue to be governed by the terms and conditions of the respective solicitation and resulting
contractual documents, when applicable_
The living wage provisions shall apply to all contracts covered by this section unless specifically'
excluded by one or more subsections below:
a. The living wage provision is disallowed by a federal or state law or regulation, grant requirements,
or by a contract the city is accessing by "piggybacking". and which contract does not include a living
wage provision.
b. Funding sources fo- the contract disallow the livingg..wage provision or provide contradictory funding
requirements, or are contained in a contract awarded or solicited orior to the effective date of
January 1. 2017, and which contract includes renewals or extensions.
c. Profession ai service contracts awarded under the "Consultants Competitive Negotiation Act". F.S.
§ 287.055, for the professional services within the scope of the practice of architecture, professional
engineering, landscape architecture, registered surveying. and or mapping:
d. The living wage provision is waved by the city commission by resolution, prior to issuance of the
competitive solicitation document, upon written recommendation of the city manager or authorized
designee. when the city commission finds it is in the best interest(s) of the city to approve such
waiver, in which case the living wage provision shall not apply in the competitive solicitation
document: or
e. AI responsible wage constriction contracts covered by section 18-120 of this Code.
(4) City employees. For covered employees of the city, the city will begin to pay the living wage on a phase -
in basis over a nine-year period beginning with the 2006-2007 city budget year to be implemented in the
2014-2015 fiscal year. The city manager, in his sole discretion, without further city commission approval.
shall have the option to consider whether it in the city's best interest to complete the phase-ir payment
of living wage to city employees on a four-year period. Thereafter, the living wage to be paid by the city
shall he subject to negotiations within the collective bargaining structure.
(b) Health benefits. eligibility period. For a covered employer to comply with this article by choosing to pay the
lower wage scale available when a covered employer also provides a standard health benefit pian. such
health benefit plant shall consist of a payment of at least S1.81 per hour toward the provision of health benefits
for covered employees and their dependents and shall be approved by the city.
if the health benefit plan of the covered employer requires an initial period of employment for a new employee
to be eligible for health benefits (the "eligitt . .: od"). a covered employer may qualify to pay the $13.199 per
hour wave scale for a terra not to exceed the .•'nioyee's eligibility period, provided the new employee wilt
be paid health benefits upon completion of the e. , :,•'. j period, which period shall not exceed 90 days.
(c) Certification required before payment. Any and all service contracts subject to this article shall be void. and
no funds may be released. unless prior to entering any such contract with the city, the service contractor
certifies to the city that it will pay each of its covered employees no less than the living wage. A copy of this
Page 2
certi€icate MUST. be made available to the public upon requesst. The certificate, at a minimum. must include
the following:
(1) The name, address. and phone number of the employer, a contact person, and the specific project for
which the service contract is sought:
(2) The amount of the service contract and the city department the contract will serve.
t3) A brief description of the project or service provided;
(4) A statement of the Triage levels for at covered employees: and
(5) A commitment to pay all covered employees the living wage.
(d) Observation of other laws. Every covered employee shall be paid without subsequent deduction or rebate on
any account (except as such payroll deductions as are directed or permitted by law or by a collective
bargaining agreement). The service contractor shall pay covered employees wage rates in accordance with
federal and all other applicable laws such as overtime and similar wage Taws.
(e) Posting. A copy of the living wage rate shall be kept posted by the service contractor subject to this article,
at the site cif the work in a prominent place where it can easily be seen and read by the covered eri^ployees
and shall be supplied to such employees within a reasonable time after a request to do so Additionally,
service contractors subject to this article; shall furnish a copy of the requirements of this article to any entity
submitting a bid for a subcontract on any service contract subject to this article.
Posting requirements will not be required where the service contractor subject to this article, prints the
followrig statements on the front of the covered employee's first paycheck and every six months thereafter, "You
are required by the City of ;Miami Living Wage Ordinance to be paid a living wage. If you do not believe, you are
being paid at the living wage rate, contact your employer, an attorney or the City of fbtiami." All notices will be
printed in English, Spanish and Creole.
(f) Collective bargaining_ Nothing in this article shall be read to require or authorize any service contractor
subject to this article. to reduce wages set by a collective bargaining agreement or as required under any
prevailing wage law.
(Ord. No. 12787, § 2: 4-6-06: Ord. No. 13110, § 2, 10-22-00; Ord. No. 13405. § 2, 9-28-13:
Ord. No. 13648, § 2, 11-17-16)
Sec. 18-558. - Implementation.
(a) Maintenance of payroll records. Each service contractor to which living wage requirements apply, as
described in this article, shall maintain payroll record for all covered employees and basic records relating
thereto and shell preserve ther,i for a period of three years from the date of termination or expiration of the
service contract. The records shall contain:
(-I) The name and address of each covered employee;
(2) The job title and classification:
(3) The number of hours worked each day:
(4) The gross wages earned and deductions made;
(5) Annual wages paid;
(6) A copy of the social security returns and evidence of payment thereof;
(7) A record of fringe benefit payments incleding contributions to approved plans: and
(8) Any other data or information the city shall require from time to time.
(b) Repert;ng payroll. Every six months the service contractor to which living wage requrements apply as
described in this article. shall file with the citys procurement director a listing of all covered employees
together with a certification of compliance with this article. Upon request from the city, the service contractor
shall produce for inspection and copying its payrc€l records for any or all of its covered employees for any
Page 3
period covered by the service contract. Tic city may examine payroll records as needed to ensure
compliance
(Ord, No. 12787, § 2, 4-6-Ot3; Ord. No. 13110. § 2, 10-22-09)
Sec. 18-559. - Compliance and enforcement.
(a) Service contractor (o cooperate_ The service contractor shall permit city employees. agents. or
representatives to observe work being performed at, in or on the project or matter for which the service
contractor has a contract. The city representatives may examine the books and records of the service
contractor relating to the employment and payroll of covered employees and may survey covered employees
to determine if the service contractor is in compliance with the provisions of this article.
ib? Complaint proceiytir->> 17c1 sanctions. An employee who believes that he?she is a covered employee of a
service contractor at the service contractor is or was not compiying with the requirements of this article
has a right to file a with the procurement director of the city. Such complaints may be made at ary
time and shall be „ , : itc?i': within a reasonahIe period of time by tre city, Written and oral statements by
any such employee treated as confidental and shall not be disclosed without the written consent of
the employee to the ex.::: o;ved by the Florida Statutes.
(c) Private right of action mainat service contractor Any covered erlpioye.e or former covered employee of a
service contractor may, instead of utilizing the city administrative procedure set forth in this article, but not in
addition to such procedure, brine an action by filing suit against the service contractor in any court of
competent jurisdiction to enforce the provisions of this article and may be awarded back pay. benefits:
attorney's fees, and costs. The applicable statute of limitations for such a claim will be two years as provided
in F.S. § 95.11(4)(c) as may be amended from lime to time for an action for payment of wages. The court
may also; impose sanctions on the service contractor. including those oersons or entities aiding or abetting
the service contractor, to include wage restitution to the affected covered employee and damages payable
to the covered employee in the su i'. of up to S500.CO for each week the service contractor is found to have
violated this. article.
(d) Sanctions against r:netractors. For violations of this article. the city shall sanction a service contractor
by requinnc the serv:_ e :iintractor to pay wage restitution at its expense for each affected employee. The
city may also sanction ..ervice contractor in at least one cf the following additional ways:
(1)
(e)
(f)
(g)
The city may impose darnayes in the sum of S500.00 for each week for each covered employee found
to have not been paid in accordance with this article:
(2) The city may suspend or terminate payment under the service contract or terminate the contract with
the service contractor: and
(3) 'The city may declare the service contractor ineligible for future service contracts for three years or until
ail penalties and restitution have been paid in full. whichever is longer. In addition. any employer shall
be ineligible for a service contract where principal officers of such employer were principal officers of a
service contractor who has been declared inelic ible under ibis article.
(4) If the contract has been awarded under the city procurement ordinance: the city may debar or suspend
the contractor as provided therein.
Puhirc record of sanctions. All such sanctions recommended or imposed shall be a matter of public record.
Sanctions for aiding and abetting. The sanctions contained in this article shall also apply to any party or
parties aiding and abetting in any violation of this article.
Retaliation and discrimination barred. A service contractor shall not discharge. reduce the compensation, or
otherwise discnmirate against any covered employee for making a complaint to the city, or otherwise
asserting his or her rights under this article. participating in any of its proceedings or using any civil remedies
to enforce his or her rights order this article. Allegations of retaliation or discrimination, if found true in a city
administrative proceeding or by a court of competent jurisdiction. shall result in an order of restitution and
reinstatement of a discharged covered employee with back pay to the date of the violation or such other relief
as deemed appropriate
Page 4
(11) ROMOCik:..3 herein ;r-ecf ie No reiredy set forti, in this article i to he exclusive or a prerequsite
for asserting a claim for relief to enforce the rights Linde, this article or in a court o law. This article shall not
be construed to limit an errployee's rght to bring a common taw cause of action for wrongful terminatmn:
(Ord. No. 12787, § 2, 4-6-06: Ord. No. 13648, § 2, 11-17-16)
Sec 18-560. - Employers receiving direct tax abatement or subsidy.
The city reserves the right to impose the wage requirements of his article on or after January 1: 20'17
on any employer as a condition of that employer receiving a direct tax abatement oc subsidy from the city
(Ord. No. 13648, § 2, 11-17-16)
Secs. 18-561-18-599. - Reserved.
Page 5
ir87 i 732 L. US 1LANNI'AF7.1o‘iNTFNAN'.!,
A —,TACHMENT P., PrAltS1.1 PRICE SCHEDULE ;12-6-17)
tELA /1/381. US - 1 LANDSCAPE MAINTENANCE
Line No. f.7.e :,,...ripbur
r•-:i...inti•,•
item Cost 1
i
mowing and Edging; Ail -inclusive p! T.,: roc furnishing all lor, equipment, and
:als neces1,,iry for mown. edg ng, tr mining hedges, trimming branchns,
.irig, s..veepirie, and picking up all grass clippings, and bags within, And
Q'T! ...',2 landscaped med:an•-. along US-1 between SW 37tn Avenalt. and
StiV Of land 10Cated Li._ ' ..!1,'.! wall and curb, of the us••i northbound
outside lano between vis„ a , •., =:',;.• 1`,,, 19th Avenue. and fraill131.1ing thP, 1 95
ernbankment,.., and S.R. 9,• :.,"•' 2 ' .). .a. ,,.: • from SW 23th l.=1,11? t S'W St,1 Street
right•ofway. Litiel remova : ....-- a:i fur 1 al E,Ii, plant be...1., a d ansihriated
rigiii-ofrway arms shall 1.-J. ,:;,riltori prior to each frowinr, operation on the
same day
26 tirrict, pe• year
•
S
t
Pruning and Thinning of Trees/Palms: Ail-incLis.ve price for furnishing ail
la aor. equipment, and materials necessary for pruning and thinning of trees,
paIms., plants, and the init:al thinning and shaping of existing trees as noted in
these specifications, within and on the landscape medians of US-1 between
%ke 310-1 Avenue, and I-95. a ,,d a stop of land located between the wall and
curb, of the. US-1 notthboirnd outside lon4 between Vizcaya and $W 19th
Avenue, the 1-95 ernbankaleiits, and 5.R. 9I55V 27 Avenue fi ern SW 28th Lane
to SW 8th Street right-of-way_
Annually (1 time
per year
.
3
Weeding of Pluming Beds: All-li; . • r,rit:e for furnishing all labor,
e,:- ,..r...: t i .1 , • ,... .•:,-:.. ,. • ;•„ . ! rire weeding of planting beds as noted
ifl Uq2ie, spezili,,,a,.:::: -. vitr e; -,-:.:*a landscaped medians on he US-1
between SW 37t'l A.P?.!1.02, and - )1, aud a strip of land located between the
wall and curb of the LiS-1 northbound outside lane between Vizcaya and SW
112tri Avenue, and de 1-95 embankments, and S.R. 9/SW 27 Avenue from 28th
Lane to SW 8th Street right-of-way.
25 tirrv2... r.;,.J1. ya
9
4
Mulching; All -Inclusive price for furnishing all labor, equipment, and materiats
necessary to install 3 lor.hes of spanish Gold mulch or Eucalyptus mulch
around each tree, Palm, and planting bed as noted in these specifications
within. and on the lard:a:aped medians on US-1 ttetween SW 37th Avenue and
1-95. a 5tr4) Offend located between the wati ,r: .. ,,ob of the US-1 northbound
outside lane between Vizciiya and SW 19th Av.i. a 2 , ::-,d 1-95 embankments,
and S.R. 9/SW 27th Avenue. from SW 28th Lana za SW 31h Street right of- way.
Every Two
Months lE times
per year)
_
Clean -Up and Litter Removal; All inclusive price for furnishing all labor,
equipment. and materials neceesary to clean up, remove litter, and p/operty
dispose of the litter :removed as noted in these specifications, within and on
the land;caped medians on JS-1 between SW 37th Avenue and 1-95, a strip of
Ia;rd located between the wail and curb of US-1 northbound outside lane
between Viicaya and SW1,90 Avenuw, the 1-95 embankments, and S.R.'9/SW
27 Avenue from SW 28th Lane to SW 8 Street right-of-way.
26 times per year
6
Contingency Allowance (Additinnal Services) for the duration of the contract.
No Bid Item
51.00,-00
Total Bid (Lines 1-61
$ -
ADDITIONAL SERVlCES. In 3dditi011 to the required services, the Citi in,n on an "as needed" basis require the Successful
)iidder to per4cii nr the. below services. When required. the Project Manager or designee will reque.st a quote based en pecing!
rrcvided in: -Me additional services.
7
1.Ga lion Shrubs, Burnish ell necessary labor, materials. water. fuel, tools, and
equipment for performing the planting of 1 gallon sly ubs . Water and fertilize
accordiNly. Planting shall be coordinated with the Ciry Engineerand Project
rlanager and no additional co.mpensatron will be aliewed.
5
1E3,-717331, 1.15,-1 LANr:scAPE RITENANCE
rLine Flo.
Lau,ci,ptro,1
QLn:,r 1*.ern Cost
8
3 Oallor, St's:ult.:. Frir-_,h, all ner.- .. , ,r' : , 7 , ', ,'..:1. tlie.l, tOdi.. A 117;
qquip,oent for pet furn,ng :he pr,,,r: ,.., ...! t .: , . , ,r-• irl„.,. ,..",.nter and fartiii20
AcCortfiogly. Planting Irrali be coordr,ar,-,,rl ,...0 , . ' ' C, C_ity briginei,,- aivi Pruieet
41afriarrgrar and rata additionai conip.: ita...urr ,.s ,i Oc :Wowed
fach
9
/ Gollorri 5hrubs. Furnish all necessary labor, J»ateria Is, water, hrel, look, and
aquipment for perform/1.g the planting of 7 gairon shrubs V•iara.±r and fertilize
accordinglY Planting 'Ala!! be coordinated with the City Enginear and Project
ManagE-t and no additional compeosark:r wht ne allowed.
Each
5..
10
Furnish all 110lly labor, mater,als. water, fuel, toots, and oquipment for
performing the planting of Pink Crape Myrtle -Largerstroemaa irdiza
musSogeo' - 30 gal.
Each
S -
11
Furni7,11 all necessary labor, materials, v.,:ttel., fuel, tools, and equipment for
performing the oiantIng of Florida Iter,a1 Palm - Roy slonea elata - Field Grown
20r-2.2' CON
Each
$
all net labOr, MaTeriais, wi-oer, fuel., tools, and equipment for
performing the planting of tive Oak ,1.:..ruer-cus yirgliaiana- 4"Dbh/6-7' CT/20'-
221-1F/12'SPR.
Each
-
I.curnish
r:Liini)h all necessary rahe,-, materials, water, fuel, tools, and equipment for
performing the panting of Wes: Indian tvlahog:hrly - Swietenia mahagoni -
Field Gro..volF Lill,: 18'.-22'FIT-3'-1(Y SPP/5'0..
Each
ForWnil ,:i if 1":;.7CUSS,11 y labor, materials. u„,afer, fuel, tools. and equipment for
performieg the planting of Sher Buttonwood tree - CI.3nocrp,4s erectus
• ,aii iceos - 30 i. M::1 2'' DBH.
Eaeb
15
L.-
Furnish all necesrtar / labor. mate -rat:. ‘44,17:2!, fuel, tools, aid equipment for
p'erforming the plant:rig of Green Bi.i...tonwiood troo - Conocarptis 16 OAH
Field Grown.
''':' :1
16
Furnish all necessary labor, matei jai., water, fuel, nols, and equipment for
performing the planting of Addenidia Palm, b.' Single hunk 100 gal.
Eac .,
$-
17
f unlash all necessary labor. materials, water, fuel, tools, and equipment for
perfoi ming the planting of Pygmy date polio Fibiln 1.6/6r'' - 45 8al.
Each
13
Furnish all necessary labor, mateiials. water, fuel, tools, and equipment for
pe,fortring the planting of latropha Tree Form, .latropha beriandleri 45 gal.
Each5
19
Furnish all necessai y labor, materiall, ,vater, foe!, tools, and equ'ipment for
performing the planting of 5eagrapo bush -25 gal. 6" l-t-h- hill, heavy
Each
20
l'urnish all netek,aly labor, M3teriais, water, fuel, tool, and equipment for
oerforming the planting of Mer.ljc,rol Date palm - Bare
Ront/Graeo01/Single/20',24' HT
Each
..'
21
Furnish all necessary labor, materials, water, fuel, torais, and equipment for
performing the planting of Bird of Paradise - 47,,C1123" 10'hr
Each
22
FurtliSh il1 n,2ces:ory labor, materiak, water. %rel, tools, and eq,),priltant for
00'10n-fling the Planting of Fa<tair palm - 30 G single B'ht.
Each
23
F-'urni.r.r.11 al necessary labor, mater lairs, Wa ter, fael, tools, and equipment for
p-eforrnlitt; the planting of Alexander palm- 14' OAH Simile trunk - 30. gat.
Each
_
24
Furni5b ail necessary labor, mate.nals, water, fuel, tools, and equipment for
performing the planting of Pitch Apple- Standard 12-14' 1-11/6.8' SPR/3" CAL.
Each
5
25
Furnish all necessary lanor, oriaterials. water, fuel, tools. and equip:gent for
performing the piloting or sunup Limbo- 14-16' HT1.6-8.5PRI5'CT,'F'teld
Grower
Each
-
26
Furnish all recessary labor, materials wain, fuel. tools. and equipment for
performing the plantieg of Pigeon PI om-Stamfarri i2'- 14" HT/ 4 -6' 5PR/3' CAL.
Eh
5
27
Furnish all nere,.11, labor, ma rei lak, ,.....Larr.er, fuel, tools, and emapment for
per forming the plan' Mg )f Pink Tiumpet Tree - a betabia he terophylla - 16'
Oikbr, r3. or Rie Id 6r(Mrf.
Each
IFB7i 7381. US-1 LA1,1(.1.1:F. majj-r[j.jaNra
in Nc.
1-1;ecription
Quantity !tern C0'317
23
r-,,iiii;Jii all necessary la boi , rtariai:; viate,.. f ,i71 t-.7:;•••1;:, ar'r! equipment or
peifOreing the Ortetiqg or Y,:lIfy..., Tr i.iiipc ,. •.:;• - ratmbriia radii - 15" a•-1,
riC.'1" Field (..;town,
Ear.it S
29
timinti all oe.(e,,,,Ny lobe!, cr." t0rt.:{1'.., ,....3rai-, 1 uni, tOnli. Anil it..q apini tit for
pe;ti.7.iming the piantalg •jf Aj.v-,g.?, pair,•; _ .,,c;,(np421- nu - ,45 gjoin 2
rAil.Each
30
5urr.;it all neresiary labor, air t•.•• I.; , ,ynter. fuel, too , and equipment !Of
perfpi min, the planting of 6.1117F1, .•. :'.-:i r -.-13sitart:kia ;while, "Silver"- 20'
OAH
Each
31,
Furnish all neca.s:;ary iaoor, mate: •,i• - ',r. fuel, tool, and coif pment for
performing I he planting of Ca1117:i,tii Palm - Sabal palmetto- 100 gal. Min 2"
fali1-1.
Eacn
32
Furnish all nticessary labor, matevals, water, fuel', toci, and ermipment for
performing the planting of. '0i/cm-di:if Palm - Ptychospei ma mac:art/4M -100
gal. Isalli 2" D81-1.
Each
-
33
St. Augustine e-ira:r.• if•Im'atain) - 2500 Squa I e fuot pi ir.'e for fornishi.tg all labor,
material arid ••muipment iiece;sacr to instal and to water for °Ira (1) week per
planting sperificat'ons
2500 5q. Ft.
-
34
Erei.ting, stiaarrginCI ''rating fakir oxing trees and palms ;fallen by traffic
accidents, high vvinds, or °the! forcel - furnishing all labor, materials and
equipment necessary to ere'•i% ,1-11,‹ and brace any e.xiiting tree/ palm
(Including digging uniler•ne ':, tree. filling the area with treated planting 7,ol1,
bracing tree with 4 llx .1 ' •,....- . 0;:-.1; :-i. r , •-•••:E ;; : !...-.: by C.;ty. (0' - 15' ovEi i11
height).
Each
•
35
Erectliv, staking and :7i :1Y,I.tei fallen ;,, ;.- ' -;•, • . nad palms tralicn 'ay traffic
acrldents, high winds: or othor forci-- ._ • f-.•: ill labor, materiak and
equipment rincessary t 7 •-t• : t _.-7. + .: .._ • ,-' '-.!' ;on --g treef palm
!including digging unt•.-; -,.., ; :, • • - ,, • -.,, qi..- a; ;n ,s-hi treated pia Ming ioa,
bracing toe with -t"x 4' tvt,,-. : .' :.:,„ R.:; c; •,:-ted i.ry City (15' -40' overall
heightli
Each
$
3,6
Env...ring. stakilig n nd b••acing Wien c;ic..srin-,t tree; and palms (fallen by traffic
aczidents. high winds, or -edict forzes) - fornishirg Fin labor, materials aad
equipment noceary to erect, stake arid brace any exi;tinF, trete! palm
Om:Wiling digging underneath trec,. filling the Area with treated planting soil,
bracing tree with 4"v 4" wood boards, as directed by City. 01i - 50' overall
height)
Each
S.
37
Stump Pernoval.Furillah all lalaor. materials and eqi..innient necessary to
remove, haul 'In ttinlp Siti,. ?TIC! di ipose, of tree/palm shomps, including root
balls. finish grading, any size at various locations if near' and as diiecter
by the City Project Maiinger or designee.
Each
as
Mulching: Fallich all labor, equipment:and mate; ials ilOce.;saiy to irvitall 3" of
Span sh Gold inuid I around each tree. palm, and planting beds as noted in
the;e specifications within and on the tandcaped mAians on US -I between
Sw 37th Ainirue ai-id I-97i. 3 :trip Of land it;:f.A!.iil beti,..d,7en the ,,viii and curt,
northbound LiS-Ibetwitien SW 13th .4yenue and ;-95, the 1-95 embankments.
and S.P. 9/SW 27 Avenue from SW 28tti Lane to SW 3th Street right-of-way.
This work is every 6 months.
Each
5.
39
Water frock' Furnish ail labor materials and equipment necessary to provide
water for the entire length of the medial (15, 278 ft.), the wall portion (1,200
ft.} , the i--95 embankments : 49360 t.q. ft.), and 3.R. 9/SW 27 Avenue from
SW 2i3th Lane to SW 8th Street right-of-way, A.s necessary and as directed by
the City.
Each
40
Too Soil: Puraish all labor, material and equipment necesstary to install (Gal
c.ibic y.trds of for tiled top soil (50153), a; necessary and as itrocted by the
City,
Each
lBII731, US-1 I.,',Nosc Apt- MAIN ri.SNAff.:E
IT
ii. ne 1,,,,_
i_.
a I
ii2.,,..,.c.,r,k,,
Quanto...,
t..,,,r.,-,At
-, - : ...i Pe,orcide Appicati.,,ins Fr.-ar turf. Planting bed'... 'nil Shr-,..b.s: far
MI al ,mi i-, i ii ,oal..r. equi:titie,11 and 111,1,.,2; la I i nere ss,r y for rho fert,Il?amr,tri
ond chemical pesticide applica•ion of all turf, planting beds. and shrubs at;
ra-ated ri these .,,.pecn. 'union --., within ind 911 thrila,4-.4.--ipi2ci rnui...liari, aa ....'S. 1
own SW --.'Ih ,aavenue and 1-95, a stare of :and Irtcated am ween the ,vall
and curb or the US-1 northbound outside lone between Vizcaya tine SW 19th
Avenue. northbound US-1 between SiN 19th Avenue, rho l-riS e11h1rrid-ne2b,„
and S.R. 9/S3s'i, 21 Avenue rf ,-.411 SW 23tri Lane to S' 80i Street •ight-ot- wri., ,ts
micessaty anti as directed by the City.
Per So Ft.
42
Pert iiii a than .inn Pestpide Applic:afions for Trees and Palms: Furnish all laltai,
Q:litiptile.Fit and materials net esf,ary for the fertilization and chemical pestic.d
application of all tl'10 iar (I par,olL as FV,‘teff in the at sore:if:car .01, within and
an the landscaped medians on US- 1 -.......,..,-. .- ..-.,- tad !-:95.. a strap
of land located between the wall ;Me -J.l', A I i. ..`: H,. • : • . -I 1.,'I :)utSidc:
lane between '.,iscaya and SVil 19th 4nue, the 1.,y: ,,, , .,::_: :. .:_,_ :_,aj s,n,
9/Stti .17 Avenue from 511..r 2f11tt 1..a. 7o tO ti'vt., Sit, Street i.st,,h! -:-: ‘.. -,,, as
ice..;:.ary and ar..citrectna by- the. i...t-‘i
i
-Ear,h
, -
Furnial all labor. Initti dais and ectaipinent rleCO:if,af y for the planting crf d
:;h:.)Cle tor (;icqd GrGWiliStilrdardf4" 03ii/Iti-13'1"6-8.'SPH/5'CT)) including
le-novad of stair a. alalting a new one of sante species, mulching. and
wafriiiig for 0 elr (11 vrear period, along Me entire length of the inedian at
locations approved by City Engineerand/oi Priarect Manage' only.
Each
5 _
44
Furnish all labor. ;11.11'0136k And Elr.':'i-,,li!_ n ;`.:ras,•ary far the planting of a
shade tree (100 ci1.) including r...- :-..,. : a! s•timp, planting a new one ot same
Tecire;, mulchind, and watering far a :•.:,-'..2 .,--.r period, along the entire length
of the median at locations approved by C:f; Engineer and/or Project Ma11a4er
only
Earh
-
4s
Furnish all labor. materials 3;1J ei:;uipment it .cossary for the plaittiN of a palm
tree. (17,,1.,,1 Grown/Min. liy 61,1/Mai1.ed and Bo t,1ped/t1ingle-8' and/or 15-2..1'
CT) includirg removal of stump, planting a nevi. one of same species, Mulching,
and watering for a one (1) year period, along the entire length of the median
at locations approved by City Engfileet and/or Project %la:lager only.
Each
$ .
46
rut ilish aH labor, materials and equipment necessary for the planting, of a pAim
tree (45 gal) including renariva1 of stUillp. pldrviiii a new one of same species,
moiching.. and watieng for a one (I) year period, along the entire length of
the rnerfaan at locations approwci by City Engineer: ard/or Prolezt Manager
only.
tach
S -
47
rnsta4a titan of 150 linear ft:5...A of roc! bar rior der Pth- 13,f11.e in No. 33
Linear foot
48
Furnish ail tabor., ma1orials and edur)nent necessary tar removing a deceased
or damaged shade trees (a° - 15' ounce ii heig!tr) inrhirring rco-noval of sturnp,
trunk, crcti.vir and roots and restoration of the area_
Each
-
49
Furnish :all iabor, rraterrais and equipment nocasary for !removing a deceased
or darnairci shade trees (lb' • 40' overall height) including removal of stump
trunk, C/17,Wi, ,irld roils and restoration of the Are;L
Each
S
SO
Furnish All labor, ma teriali and equipment necessary for removing a deceased
cr damageo r..ha de uro.2s (41' - 60' overall height) including removal of stump,
trunk, crc.r.r.--, and (00U drd restoration of the ,P ea.
Each
5 -
Si
Furnish ail 30t,.3, mate:liars and equipment necii.,::Iiy for removing 3 de:rased
or damaged palm M. - 15 merall he leti including removal of stump, trunk,
trown and roots and restoration of the area_
Each
52
Furnish at! labor . material; and equipment necessary for removing a deceasod
or damaged palm 11.6' - 40' overall height r Mc hiding removal Of stump.. truni,
crown end root; and restoration of the :area.
cacti
L___
S
U L3''173 t, iJ t ia`I[:>CAPt. MAIN rENANCE
I_Iaif!t'JO
1%,?Sri,,17a.i:l:'.
Quart!
I tllt C.c it.
51
a I ; -;
,:,
.
r.•i y't:,.--
r. 3c•.
.. - ..
. .,i
- - t e[1,1 ]si ',::e, _...
.,Ii . -•-arskr c,i
rescuing a deceased
) :I= _comb, trunk,
=anti
5
54
E!.
the -.i.U_
_. .le I,: -_
'.?';), land r:N
I 4J" •g 71 I -f;f:- t0
,. , ;rInn
Cubic TAO
0
iFB717381, US-1 Landscape Maintenance
Attachment G — Subcontractors
Name of Subcontractor
Approximate
Percentage of
Work to be
performed
Certification/License
No. (if applicable)
Description of Work
Notes:
1. The Work performed by Subcontractors listed cannot be more than ten percent (1 g%) of the total
Work for this Contract.
2. The foregoing list of Subcontractor(s) may not be amended after award of the Contract without
the prior written approval of the City's Project Manager identified in the solicitation, whose
approval will not be unreasonably withheld.
IFB717381, US-1 Landscape Maintenance
ATTACHMENT D
PAST PERFORMANCE REFERENCE SUBMITTAL FORM:
US-1 Landscape Maintenance
FIRM NAME:
Reference
Section
Summarized Requirements: Refer to the details in Section 2, Special Conditions, Sub -section 2.8 to
verify that the information provided will suffice as proof of meeting the requirements of this
solicitation.
Section 2, 2.8
Past Performance Reference Check #1
Company/Organization Name:
Address:
Contact Person:
Contact Phone Number:
Contact E-mail (if applicable):
Date of Contract:
Section 2, 2.8
Past Performance Reference Check #2
Company/Organization Name:
Address:
Contact Person:
Contact Phone Number:
Contact E-mail (if applicable):
Date of Contract:
Section 2, 2.8
Past Performance Reference Check #3
Company/Organization Name:
Address:
Contact Person:
Contact Phone Number:
Contact E-mail (if applicable):
Date of Contract:
January
US-11. Landscape Maintenance
SampleForm
Sunday
7
x4.
2
28
Monday
Tued
Wednesday
i
Complete Landscape Complete Landscape
Maintenance Maintenance
8 9
Litter Control Litter Control
2 .2
716
Complete Landscape Complete Landscape
Maintenance
Litter Control
Maintenance
23
Litter Control
30
31
'rhursday
25
Saturday
.12 13
2 0
2 t)27
Sunday
11.
13
25
Monfhy
Tuesday
edne5day
Complete Landscape Complete Landscape
Maintenance Maintenance
2.
Litter Control
Litter Control
20
Complete Landscape Complete Landscape
Maintenance Maintenance
26 2 7
Litter Control Litter Control
21
Th irsday
1.5
22
Friday
9
Saturday
3
10
17
2.1.E
March
Sunday
2 5
Tuesday
'tiVedrresday
Complete Landscape Complete Landscape
Maintenance Maintenance
5
Litter Control
Litter Control
1. "2 1•4
Complete Landscape Complete Landscape
Maintenance Maintenance
29 20
Litter Control Litter Control
-26 27
Thursday
7
s
14 15
2.
Friday
9
Saturday
:1 7
2
ATTACHMENT F, SAMPLE. PERFORMANCE BOND FORM
FORM OF PERFORMANCE BOND (Page 1 of 2)
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 ($ ) 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. IFB No: 717381,
awarded the day of , 2017, 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 US-1 Landscape Maintenance,
the Contract being made a part of this Bond by reference, at the tames 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 hereunder, 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
ATTACHMENT F, SAMPLE PERFORMANCE BOND FORM
FORM OF PERFORMANCE BOND (Page 2 of 2)
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 , 2017.
WITNESSES: NAME OF CORPORATION:
(Secretary)
(CORPORATE SEAL)
By:
(Signature)
(Print Name and Title)
IN THE PRESENCE OF: INSURANCE COMPANY:
(Agent and Attorney -in -Fact)
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
ATTACHMENT F, SAMPLE PERFORMANCE BOND FORM
FORM OF PAYMENT BOND (Page 1 of 2)
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
($ ) 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, IFB. No. 717381,
awarded the day of , 2017, with City which Contract Documents are by
reference incorporated herein and made a part hereof, and specifically include provis?on 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(1for 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)
calendar 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 (90) calendar 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.
ATTACHMENT F, SAMPLE PERFORMANCE BOND FORM
FORM OF PAYMENT BOND (Page 2 of 2)
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 , 2017.
(Secretary)
(CORPORATE SEAL)
CONTRACTOR:
(Signature)
(Print Name and Title)
IN THE PRESENCE OF: INSURANCE COMPANY:
(Agent and Attorney -in -Fact)
Address:
(Street)
(City/State/Zip Code)
Telephone No.: