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 lFB 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
provisicns 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 271h Avenue and SP9 are all Fedora[ HighhRys, will Maintenance of Traffic (:MOT"). in
addition to the Florida Depa rnent of Transportation ("FDOT") permits be required to perform regular
or add;tiona! services. and are any other permits required f oin 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 2V' Avenue. Is it both right of ways (swales),
and the medians?
A3. Yes, maintenance along 27" 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 later 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 II., 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) shalt 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 SUCce5SfUl Bidder responsible for damages/loss due to gash -outs 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 13, under Section III (C), Maintenance Prior to Inspection for
Acceptance, "Watering of all non -irrigated sodded areas shall be done from a orate, ing truck,
no temporary irrigation heads will be allowed. All sodded areas are to be watered to provide
at least one (1 ) inch of water Per week in 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".
09. Will Attachment B -Price Schedule be provided in excel format?
A9. No. However, see Item A regarding Revised Price Schedule.
Ql0. Pursuant to line 52, can the City provide a total square footage of all landscaped areas included in
this IFB?
Al 0. No, this information is not available at this time.
Q11. pursuant to line 53, is the price per application, or per treelpalm?
All. The price is per treelpalm.
Q12. Is the bid submittal location City of Miami -City Clerk, 3500 Pan American Drive, Miami. FL 33133?
Al 2. Yes. Keep in mind submittal deadline is Wednesday, December 13, 2017, 2:OOPM.
nnie Perez, CPPO, Directpt
City of Miami Department of Procurement
c; IFS File
US -1 Addendum 3 Bid No.: 717381
LANDSCAPING MAINTENANCE
TlJtv of �ialni
ANNIF 111-ffl-Z. t. PPO DANIL-1 J. ALI-ONSO
December 1, 20117
ADDENDUM N10. 2
Invitation for Bid (IFS) No. 717381, US -1 Landscape Maintenance
TO: ALL PROSPECTIVE BIDDERS:
The following changes, additions. clarifications, and deletions amend the IFB documents of the above
captioned IFS, 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 docurnents you have on hand,
The duo date for this IFB has been extended to Wednesday, December 13, 2017, 2:OOPM,
ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN TN` SAME.
Sincerely,
"p,
Perez, CPPD
Director/Chief Procurement Officer
A P/p b
Co. IFB Fife
C J17Cr k'^,; `::;IE'�,It3etii E)3�f1t<T
of Afiami
o, E;I
ADDENDUM NQ. 1
IFB No. 717381 November 20, 2017
Invitation for Bid IFB for U>-1 Landscape Maintenance
TO: ALL PROSPECTIVE BIDDERS:
The following changes, additions, clarifications, and deletions amend the lF'B documents of the above captioned
IFB, and shall become ar integral kart of the Contract Documents. Words and/or figures stricken through
shall be deleted, Underscc)red words and/,or figures shall be added. The remaining provisions are now in
effect and remain unchanged. Please note fhe convents herein and reflect sarne on the documents you have
on hand.
Section 2.13, Bid Bond ;has been revised to include the following language.
Al[Res to this IFB shall be in Hard Cony Format as defined in Section 1.fiQ. Preparation of Responses
hiardco Format and delivered to the Hard Copy Submittal Location on the front caner.
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. hating 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, Uncond tionalilrrevocable Letter of Credit, treasurer's cheek 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) calendardays 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 demend
AP!pob
Cc IFB File
Sincerely,
A / !
i
C' 1/ �
i e Perez. CPPO
Director/Chief Procurement Officer
Pa' -,e I
V. City of Miami
EtAitInvitation for Bid (IFB)
F
* iRCiAi l *�
Procurement Department
Miami Riverside Center
444 SW 21d Avenue, 61" Floor
Miami, Florida 33130
Web Site Address: , 'r -I-,- . -or. q 'r p ill
IFBNumber: 7173813
Title: Invitation for Bid for US -1 Landscape
Maintenance
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:
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)900-5340
Noe I of 52
Certification Statement
Please quote on this form, if applicable, net prices for the items) listed. Return signed original and
retain a copy for your files. Prices should include all costs. including transportation to destination. The
City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a
minimum of 180 days following the time set for closing of the submissions.
In the event of errors in extension of totals, the unit prices shall govern in determining the quoted
prices.
We (I) certify that we have read your solicitation, completed the necessary documents. and propose to
furnish and deliver, F.O.B. DESTINATION, the items or services specified herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as set in section
18-107 or Ordinance No. 12271.
All exceptions to this submission have been documented in the section below (refer to paragraph and
section).
EXCEPTIONS:
We (1) certify that any and all information contained in this submission is true: and we (1) 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 submitter.
Please print the following and sign your name:
PROPOSER NAME:
ADDRESS:
PHONE:
EMAIL:
SIGNED BY:
TITLE:
FAX:
CELL(Optional):
DATE:
FAILURE TO COMPLETE. SIGN. AND RETURN THIS �'OF 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 l Business License Issuing Agency
Occupational I 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, 7/1107). If no addendum / addenda was i were issued, please
insert N/A.
If Bidder has a Local Office, as del'ined under Chapter 181 Articile 111, 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" form 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 OracleliSupplier Sourcing System.
Category: 98852-00
Unit of Measure: Dollar
Unit Price: $ Number of Units: 1 Total: $
Pale 4 of 52
Invitation for Bic! (IFB) 7173813
Table of Contents
Termsand Conditions......................................................................................................................................................6
i. General Conditions............................................................................................................................................6
1.1. GENERAL TERMS AND CONDITIONS.............................................................................................6
2. Special Condiiions...........................................................................................................................................25
2. L PURPOSE ........................ •..................--......................................_..............._...................................25
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIHCATION .........................................................................................................25
2.3. PRE-BID/PRE-PROPOSAL CONFERENCE ......................................................................................25
24. TERM OF CONTRACT.......................................................................................................................25
2.5. CONDITIONS FOR REN17WAL........................................................................................................25
2.6. BIDDERS Iv1INIMUN1 QUALU 1C'ATIONS.......................................................................................25
2.7. SUBCONTRACTOR(S) .......................................................................................................................26
2.8. REFERENCES...................................................................................................
....... ....................27
2.9. NIETHOD OF AWARD........................................................................................................................27
2.10. TIE BIDS.............................................................................................................................................27
2.11. INSURANCE REQUIREMENTS......................................................................................................28
2.12. ADDITIONS/DELETIONS OF LOCATIONS/ITEMS/PRODUCTS!SERVICES/VENDORS
.......30
2.13. BID BOND..........................................................................................................................................30
2.14. PERFORANIANCE BOND..................................................................................................................30
2.15. CITY OF MIAMI LIVING WAGE ORDINANCE...........................................................................31
2.16. PRICE ADJUSTMENTS ....................................................................................................................31
2.17. PROJECT MANACER.......................................................................................................................32
2.18. LABOR, SUPERVISION. AND EQUIPMENT....................................
—'........................................ 32
2.19. PERSONNEL......................................................................................................................................32
2.20. SUPERVISION...................................................................................................................................32
2.21. INVOICING..............................................................................................................32
2.22. NIETHOD 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 PERFORNI............... ........ ......... —.—..........................................
.... ,.,.................. ........ 34
2.28. USE OF PREMISIS............................................................................................................................34
2.29. PUBLIC CONVENIENCE AND SAFETY.......................................................................................34
2.30. SAFETY MEASURES.......................................................................................................................34
2.31. DAMAGES TO PUBLICIPRIVATE PROPERTY..._........................................................................35
2.32. LIQUIDATED DAMAGES.............................................................
,................................................. 35
2.33. EMERGENCY/ DISASTER PERFORMANCE ..... ---- .... ---
................ ............... ........ ............. 35
2.34. TERMINATION.................................................................................................................................35
235. ADDITIONAL TERNIS AND CONDITIONS...................................................................................36
3. Specifications ............... ................ ................. — ....... ....... .............
....37
3.1. SPECIFICATIONS/SCOPE OF WORK .... ......... ..... --- ............ _.
... ......,.........,................. ................ 37
3.2. PLANTING....................................................................................................................
......................... 42
3.3. SODDING.............................................................................................................................................d8
Page 5 of 52
Invitation for Bid (1F13) 717381,3
Terms and Conditions.
1. General Conditions
1.1. GENERAL TERMS AND COND€TIONS
Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services
with all estimated aggregate cost of twenty-five thousand dollars (525,000.00) 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 Nliaml Procurement Code and/or Florida
Law, as 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 accapted 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 evert file goods/equipment supplied iu the
City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order
upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense.
1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation Response shall be
considered an offer on the part of the Bidder/Proposer; such offer shall be deemed accepted upon issuance by the
Citv of a purchase order.
1.3. ACCEPTANCEIREJECTION - 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 kidder/Proposer
who has previously failed to properly perform under the terms and conditions of a Contract. to deliver on titre
Contracts of a similar nature. and who is not in a position to perform the requirements defined in this Formal
Solicitation. The Cliv further reserves lite right to waive any irregulartties or minor informalities or technicalities in
anv or all Responses and may, at its discretion, re -issue this Formal Solicitation..
1.4. ADDENDA — It is the Bidder's/Proposer's responsibility to ensure receipt of all Addenda. Addenda are
available at the City's website at: lttip://wav%v.ci.miami.fl.us/procureinent
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 Contraci, or any or all of its right, title or interest herein, without City of Miami's prior written consent.
1.7. ATTORNEY'S FEES - Iit connection with any litigation, mediation and arbitration arising out of this Contract,
each party shail 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 [tip Cit t , or to any of its duly authorized representatives, to any books. documents, papers,
and records of Contractor wl;ich 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-WIDE - Any Governmental, not -for profit or
quasi-gavernmenta€ 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-governmemal entity which uses this Formal Solicitation and resulting
Bid Contract or Agreement will establish its own Contract/Agreerent, place its own orders. issue its own purchase
orders. be invoiced there from and make its o�%n payments, determine shipping terms and issue its ow'n exemption
certificates as re(JUired by the Sucressftal Bidders)/Proposer(s).
1.I0. AWARD OF CONTRACT:
A. The Formal Solicitation. Bidcler's/Proposer's Response, any Addenda issued, and the purchase order shall
constitute the entire Contract. unless mollified ail accordance with any ensuing Comract/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 can t be determined by applying Florida Statute 287.037, Preference to Businesses with
Drug -Free Workplace Programs.
C. The award of this Contract may be preconditioned on the subsegtient submission of other documents as
specified in the Special Conditions or Technical Specifications. Bidder'Proposer shall he 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 retluiremems, the City. through action taken by the Deparunent 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, ma -v seek monetary restitution from B€aider/Proposer and its
Bid/Proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the
BiddeCs/Propnser's default.
D. The terin of [lie 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, Citv 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 Citv departments with continual service and supplies 7xhile
a new Contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify tl:e
Bidder/Proposer, in writing, of its imem to extend the Contract at the same price. terms and conditions for a specific
number of days. Additional extensions over the first one hundred tea enty (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 €nd€vidual-item basis. or such
combination as shall best serve the interests of the City unless otherwise specified.
H. A ContracllAgreement 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. or RFLI. the City reserves the
right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the
Cav's best interests. Such Agreement will be furnished by the City, will contain certain terms as are in the City's
best interests. and will be subject to approval as to legal form by the City attorney.
1.11. BID BOND / BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety
company that is licenser) to do business in the State of Florida, payable to the City of Miami, for the amount Bid is
Page 7 of 52
Invitation for Bid (IFB) 717381,3
required front all Bidders/Proposers, if so indicated under the Special Conditions. This cheek 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 rite Citi should City award Con tract'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
bays after the award and Successful Bidder's/Proposer's acceptance of award. if sixty (60) calendar days have
passed after (lie 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 andior file
all acceptable Performance Bond. when required, as provided herein. shall bejust cause for the annulment of the
award and the forfeiture of tite Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in
iniiigatiou of damages sustained. Aware] 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 navies, makes, models, names of any
manufacturers, trade names. or Bldder!Proposer catalog numbers are specified, it is for the purpose of establishing
the type, function, minimum standard of design. efficiency. gracle or quality of goods only. When the City does not
wish to ride out other competitors' brands or inalies. the phrase "OR EQUAL" is added. When Bidding/Proposing an
approved equal. Bidders/Proposers will submit, with their Response, complete ser; of necessary data (factory
information sheets. specifications. brochures, etc.) in order for the City to evaluate and determine the equality of the
Iteni(s) Bid/Proposed. The City shall be due sole judge of equality and its decision shall be final. finless otherwise
specified, evidence in the form of samples may be requested if the proposed brand is other that) specified by the
City. Stroh samples are to be furnished after Formal Solicitation opening/closing only upon request of the City. If
samples should he requested, such samples must be received by the City no later than seven (7) calendar days after a
furmal request Is made.
1.15. CANCELLATION - The City reserves the right to cancel all Formai Solicitations before it's open ing)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 capital expenditures that the firm makes, or
prepares to stake. in order to deliver/perform the goods/services required by the City, is a business risk which the
Contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital
expenditures, or to maintain the approved status of any Contractor if Contractor has been unable to recoup its
capital expenditures during the tune 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 anv 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 R?sponse
for the same items/services or with the City of Nliarni'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 Lasts. The City
will investigate all potential situations where collusion may have occurred and the City reserves the right to reject
any and all Bids/Resporises where collusion may have occurred.
Page 8 of 52
Invitation for Bid (IFA) 717381.3
1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that Colnracrs
betNti0011 private entities and local goyernm('nis are sul)ject to certain laws and regulations. including laws pertaining
to public records. conflict of interest, records keepiltg, etc. City and Contractor agree to comply with and obsz�rve all
applicable lays. codes and ordinances as that play in any %vav affect the goods or equipment offered. including but
not limited to:
A. Executive Order 11216, whicli prohibits discriminailon 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, Safetv and Health Act (OSHA), as applicable to this Formal Solicitation,
C. The State of Florida Statutes. Section 287.133(3) (A) on Public Entity Crimes.
D. Enviromnent Protection Agency (EPA), as applicahle 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. Naiional Fot est Products Associaiian (NFPA). as applicable to this Formal Solicitation.
I. City Procurement Ordlltance City Code Section L8. Article 111.
J. Conflict of Interest. City Cade Section 2-611; 61.
K. Cone of Silence. City Code Section 18-74.
L. The Florida Statutes Sections 218.73 and 218.71 on Prompt Payrnent.
Lack of knowledge by the Bidder/Proposer will in do way be a cause for relief from responsibility. Non-compliance
With all local, state, and federal directives, eaters, and laws may be considered grounds for termination of
ContraCt(s).
Copies of the City Ordinances may be obtained from the City Clerk"s Office.
1.20. CONE OF SILENCE - Pursuant to Section 18-7-1 of the City of ;Miami Code. a "Cone of Silence" is i:tiposed
upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the [rine the City Manager issues a ,vritten
recommendation to the Itiliami City Commission. The Cotte of Silence shall be applicable only to Contracts for the
provision of goods and services and public works or improvements for amounis greater that; m o hundred thousand
dollars ($200,000.00). The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or 1173s
(Bids) between. among others:
Potential vendors, service providers, Bidders, lobbyists or consultants and the City's professional staff inclucing, but
not limited to. the City Manager and the City Manager's staff: tho iblayor. City Commissioners, or their respective
staffs and an 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 or
process or procedure already contained in the Formal Solicliation document: the provisions of the Cone of Silence
do not apply to oral cotnmunications at duly noticed site visits/ inspections, pre -proposal or pre-bid conferences. oral
presentations before selection/evaluation committees. Contract negotiations during any duly noticed public meeting,
or public presentations made to the Miami City Commission during a duly noticed public meeting; or
communications in writing or by email at any time with any City employee. official or member of the City
Commission unless specifically prohibited by the applicable RFP, RFQ. RFLI or IFB (Bid) documents (See Section
22 of the Special Conditions); or comIll utlicatiMIS in connection with the collection of industry comments or the
performance of markei research regarding a particular RFP, RFQ, RFLI OR lFB by City Procurement Staff.
Page 9 of 52
Invitation for Bid (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 anv pCrsorr spun request. The City shall respond in writing and file a copy %%ith the Office of
the City Clerk. which shall he made available to any person upon request. Written communications may be in the
form of e-mail, vvith a copy to the Office of the City Clerk.
In addition to any other penalties provided by law, violation of the Cone of Silence by any Proposer or Bidder shall
render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or
consultant shall subject same to potential penalties purSuant to the City Code. Any person having personal
knowledge of a violation of these prop inions shall report such violation to the State Attorney and/or may file a
complaint .viih the Ethics Commission. Proposers or Bidders should reference Section 18-71 of the City of ivlianii
Code for further clarification.
This laruguage is only a sununary of the key proyisicns of the Cane of Silence. Please review City of'Mianri 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 sul3division, the City of l/liami is subject to the Florida Sunshine Act
and Public Records Law. If this Contraci/Agreement contains a confidentiality provision, it shall have no
application when disclosure is required by Florida lacy or upon tours order.
1.22. CONFLICT OF INTEREST - Bidders/Proposers, by responding to this Formal Solicitation. certify that to
the best of their knowledge or belief. nn elected/appointed official or employee of the City of Miami is financially
interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation_ Aviv 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 anv Cdty employee who oasns, directly or indirectly, an interest of five percent (5°a) or
more of the total assets of capital stock in your firm,
A. Bidder/Proposer further agrees not to use or attempt to o.se any knowledge, property or resource which may
be within lids/her/its trust, or perform his/her/its duties. to secure a special privilege, benefit. or exemption for
luimselfiherselfritself. or others. Bicdder.'Proposer may not clisclose or use information not available to members of
the general public and gained by reason of hisllrerlits position, except for information relating exclusively to
governmental practices, for hisfhe flits personal gain or benefit or for the personal ,gain or benefit of any other person
or business entity.
B. Bidder/Proposer hereby acknowledges that heislre/it has not contracted or transacted any business with the
City or any person or agency acting for the City, and has not appeared in mpresenration of any third party before any
board, commission or agency of the City within the past two (2) years. Bidder/Proposer further warrants that
heislre/it is not related, specifically the spouse. son. daughter, parent, brother or sister, to: (i) any member of the
Commission: (d!) the Mayor: (iii)anv City employee: or (N) any member of any board or agency of rhe City.
C. A violation of this section may subject the Bidder/Proposer to immediate terrnication of any professional
services agreemem with the City. inrpesition of the maximum fine and/or aiiv penalties allowed by law.
Addidonallv. violations nuav, be considered by and subject to action by the Miami -Dade County Commission on
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 holt] the City harmless from any and
all liability, loss. or expense occasioned by any such violation,
1.2411. COST INCURRED BY BIDDER'PROPOSER - All expenses involved avid; the preparation and subinission
of Responses to the City. or any work performed in connection therewith shall be borne by the
Bidders)/Proposer(s).
1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107)
Page 10 of 52
Invitation for Bid (IFB) 717381,3
A. Authority and requirement to debar and suspe.icl. Afier reisonahle notice to all actual or prospective
Contractual Parry, and after reasonable opporti.r.�ny for such part,: to be heard. the City \tanager, after consuitwion
wn ith rhe Chief Procurement Officer an(': chi° City Attorney, shall have the authority to debar a Contractual Part)-. for
the causes listed below. frons consideration for award of Citv Contracts. The debarment shall be for a period of not
fewer than three (3) veal's. The City Manager shall also have the authority to suspend a Cnmractual Party from
consideration for award of City Contracts if there is probable cause for debarment, pending the debarment
deternninatiott. The authority to debar and suspend Contractors shall he exercised iii accordance with regulatiot!s
which shall be issued by the Chief Pracuremeni Officer after approval by the City Nlanager, tine City attorney, and
the City Commission.
B. Causes for debarment or suspension. Causes for debarment or suspension include the following:
(1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or
private Contract or subcontract. or incident to the performance of succi Contract or subcontract.
(2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or
destruction of records, receive ing stoles property, or arty other offense indicating a lack of business inregrity ir•
business honesty,
(3) Cnnvirtinn under stat+., or federal antitrust statutes arising out of the submission of Bids or Proposa s.
(1) Violation of Contract prow inions. which is regarded by tho Chief Procurement Officer to be indicaw.e of
non-responsihihiv. Stich violation ivav include failure w lthoui goad 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 m
perform caused by acts beyond the couirol of a party shall not be considered a basis for debarment or suspension.
(5) Debarment or suspension of the Contractual Partv by any federal. state or other governmental entity.
(6) False certification pursutim to paragraph (c) belowu.
(7) Found urs 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 Toning ordinance or arty other City ordi+lance or regulation and for which a civil
penalty or fine is due and ming to [lie City.
(9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility
of the Co11lrac1ua1 Party performing City Comracts.
C. Certification. All Contracts for goods and services, sales, and leases by the City shall contain a certification
that neither the Contractual Party nor anv of its principal owners or personnel have been convicted of any of the
violations set forth above or debarred or suspended as set forth in paragraph (b) (5).
D. Debarment and suspension decisions. Subject to the provisions of paragraph (A). the City Manager shall
render a written decision stating the reasons for the debarment or suspension. A copy, of the decision shall be
provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief.
1.26. DEBARREDISUSPENDED VENDORS —At) entity or affiliate who has been placed on the State of Florida
debarred or suspended vendor list may not submit a Response on a Contract to provide goods or services to a public:
entity, may not submit a Response on a Contract with a public entity for the construction Of repair of a public
building or puhlie 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 cerisuhant under Contract with anv public entity, and may
not transact business with arty public entity.
1.27. DEFAULT/FAILURE TO PERFOR-M - The City small be ilia sale judge of nonperfortnalice. which shall
include any failure on the part of tine Successful Bidder/Proposer to accept the award, to furnish required documents.
acid/or to fulfill atny portion of this Contract wvithin the time stipulated.
Page 11 of 52
Invitation for Bid (IFPS) 717381.3
Upon default by the Successful Bidder/Proposer to meet anv terms of this Agreement, the City will notify the
Bidder/Proposer of the default and will provide the Contractor three (3) calendar days (weekendsan(] holidays
excluded) to remedy the default. Failure on the Contractor's part to correct the default within, the required three (3)
calendar days shall result its they Contract being terminated and upon the City notifying in writing the Contractor of
its intentions and the effective date of the terinination. The following shall constitute default:
A. Failure to perform the work or deliver the goods/services required under the Conn -act and/or within the time
required or failing to use the Subcontractors, entities and personnel as identified and set forth. and to the degree
specified in the Contract.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment or v ith 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 shaking
an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the Successful
BidderlProposer incapable of performing the work in accordance with aiid as reclt0r ed 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 die or which may become clue on
this Contract.
1.28. DETERMINATION OF RESPONSIVENESS - Each Response tt ill be reviewed to determine if it is
responsive to the submission requirements outlined in the Formal Solicitation. A 'respomive" Response is one
which follows the requirements of the Formal Solicitation, includes all documentation.. is submitted in the forst
outlined in the Formal Solicitation. is of timely subn-ission, and has appropriate signatures as required ort each
document. Failure to comply with these requirements nnav deem a Response non-responsive.
A. Responsible Bidder shall mean a Bidder/Proposer 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
rerltiirernents, 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 offerer! 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 q iotM in the Response will be accepted frons Successful
Bidder(s)IProposer(s) during the term of the Contract. Such discounts shall remain in effect for a minimum of one
hundred twenty (120) calendar days fr'oin approval by the City Comrnaission Arnv discounts offered by a
manufacturer to Bidder/Proposer will be passed oil to the City.
1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formai
Solicitation or Addenda (if any) should be reported in wriring to the Citv's Department of Proctirement. 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 Grill 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
Page 12 of 52
Invitation for Bid (IFB) 717331.3
(3) Special Conditions
(4) General Terms and Condkions
1.31. EMERGENCY 1 DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster
ShLlil inrl, the successful vendor shall provide the City with the coniniodhies/services defined within the scop` of this
Formal Solic€nation at the price contained within venclor's Response. Furiher, successful vendor shall
deliver/perform for the Citv on a priority basis durithg such times of emergency.
1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Biel Contract or Agreement consists of this City of
Miami Formal Solicitation and spec ifically this General Comlitions Section. Contractors Response and any written.
Agreement entered into by the Citv of Miami and Contractor in cases involving RFPs, RFQs. and RFLls. and
represents the entire understands ig and Agreement between the parties with respect to the subject matter thereof and
supersedes all other negotiations, understanding and representations, if any. made by and between the parties. To the
extent that the Agreement conflicts 4%ith, modifies, alters or changes any of the terms and Conditions contained in the
Formal Solicitation anchor Response. the Formal Solicitation and then the Response slhall control. This Contract may
be mortified 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 pt.rchased during the Contract period. The
City is not obligated to place an order for ally given athloulht subsequent to the award of this Contract. Said estimates
may be use(] by the Citv for purposas of determining the low Bidder car host advantageous Proposer meeting
specifications. The City reserves the right to ac:it ire additional quantities at the prices Bid/Proposed or at to=.ver
prices in this Formal Solicitation.
1.31. EVALUATION OF RESPONSES
A. Rejection of Responses
The Ciiv may reject it 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,
(G) Response ;vas not executed by the Bidder's.Proposer(s) authorized agent.
The foregoing is not all call -inclusive list of reasons for which a Response nhay be rejected. The City may reject and
re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the
City.
B. Elimination from Consideration;
(1) A Contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or
Contract.. or which is a defaulter as surety or otherwise upon any obligation to the City.
(2) A Contract may not be awarded to any person or firm which has failed to perform under the terms and
conditions of any previous Contract with tate City or deliver on time Contracts of a spmilar 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 onfv be considered from end€ties who are regularly engaged in the business of providing the
goods/equipment/services requin?d by the Formai Solicitation. Bidder/Proposer must be able to denlonstraw a
Page 13 of 52
Invitation for Dir! (IFB) 717381.3
satisfactory record of performance and integrity; and. have sufficient financial, material, equipment, facility,
personnel resources. and expertise to meet all contractual requirements. The ternis "equipment and organiZa-ion" as
used herein shall be construed to mean a Fulh equipped and weil established entity in line with the best inrlusrry
practices in the industry as determined by the City.
(2) The Citv niay cun.sifter anv evidence available regarding the Financial. technical and other qua] ifications
'Incl abilities of a Bidder/Proposer, including past performance (experience) vuitll the City or any other governmental
entity in making the aware).
(3) The City may require the Didder(s)/Proposer(s) to show proof that they have been designated as an
authorized represelirative of a manufacturer or supplier which is the actual source of supply. if required by the
Formal Solicitation.
1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS -
Exceptions to the specifications shall be, listed oil the Response and shall reference the section. Any exceptimis to
the General or Special Conditions shall be cause for the ;Bid (IFS) to be considered non-responsive. It also may be
cause for a RFP. RFQ. or RFLI to be consideree? 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 iliust be l",O.B, DESTINATION inside delivery, With all delivery costs and charges included iri
the Did/Proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for
rejection of Bid!Proposal.
1.37. FIRM PRICES - The Bidder/Proposer warrants that prices. terms. arid conditions quoted in its Response will
be firm throughout the duration of the Contract unless otherwise specified in the Formal Solicitation. Such prices
will remain firm for the period of perfon-,iance or resulting purchase orders or Contracts, which are to be
performed of sup;llied over a period of time.
11.38. 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' SLIIKOntract`7r(s) responsibility to understand and coniply with this Florida
constitutional rliiiiiirtuni wage requirement and pay its employees the current established hourly minimum wage Cate,
which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners
and clerical v%orkers. CPI -%V. or a successor' index as calculated by the United States Department of Labor. Each
adjUSted inininium wage rate calculated shall be determined and published by the Agency Workforce Innovation on
September 30th of each year and take effect on the following January Ist.
At the time of responding. it is Bidder/Proposer and his'lier Subcontractor(s). if applicable, full responsibility to
determine Whether all,, of its employees may he impacted by this Florida Law at any given point its time during the
terns 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 tinie of submitting a Response constitute
Successful Bidder's/Proposers acknowled;einent and understanding that the Florida Mininium k%'age Law Nail] nor
impact its prices throughout the tern of Contract acid waiver of any contractual price increase request(s). T''ie Ck-,
reserves the right to request and Successful Bidder/Proposer must provide for any and all information to snake a
wage and conir Wal price irlcrease(s) determination,
1,39. GOVERNING LAW AND VENUE - The vandiiy and effect of this Contract shall be governed by the laws
of the State of Florida. The parties agree that any action. mediation or arbitration arising out of this Contract shall
take place in %liami-Dade County. Florida. In any action or proceeding each party shall bear their oven respective
attorney's fees.
1.40. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for
convenietir reference only and shall not its any niamier be construed as modifying, amending or affecting in ally way
Page 14 of 52
Invitation for Bid (IFB) 717381.3
the expressed ternis and provisions hereof.
1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Anv person or
enilty that performs or assi.sis the City of Miami with a function or activity involving the use or disclosure of
"individually identifiable health information (11111) and/or Protected Health Information (PHI) shall comply with the
Health 111SUrance Portability an(] Accountabiliiv Act (HIPAA) of 1996 and the City of Miami Privacy Standards.
HIPAA mandates for privacy, security and elecurorric transfer standards. which include but are not limited to:
A. Use of information only For performing services require(! by the Contract or as required by law:
B. Use of appropriate safeguards to prevent non -permitted disclosures:
C. Deporting to the City of NIianii of any non -permitted use or disclosure:
D. Assurances that anv agents and Subcontractors agree to the sante restrictions and conditions that app/ -V to the
Bidder/Proposer and reasonable assurances that Ill 111PH1 %4 i11 be held ronrfidenrial:
E. ,Making Protected Health hiformation Wl10 available to the customer:
F. /flaking PHI available to the custorler for review and Antendinent: and incorporating any Amendments
requested by the customer;
G. Making P11 If mailable to the City of Miami for an accounting of disclosures: and
H. Making internal practices. books and records related to PHI available to the City of Miami for compliance
audits.
PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or
electronic transfer of data). The Bidden -Proposer must give its customers written notice of its privacy inforina-ion
practices including specifically. a description of the types of uses and disclosures that tvauld be made with protected
health information.
1.42 INDEIVINIFICATION - Contractor shall indemnify. liold.'save harniless and (defend at its own costs and
expense the City, its officials, offire.is, agents, directors, and employees. from liabilities, damages. losses. and costs,
includinn, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness r;r
intentional wrongful Misconduct of Contractor and persons emplaned or utilized by Contractor in the performance
of this Conhract and will indemniiv. hold harmless and defend the City, its officials, officers. agents. directors and
enipioyees against, any civil actions, statutory or similar Maims, injuries or daniages arising or resulrin,g from the
permitted work, even if It is alleged that the City, its officials and,'or employees were negligent. These
indemnifications shall survive the terin of this Contract. In the event that any action or proceeding is brought
against City by reason of any such clafnt or demand. Contractor shall, uport written notice from City, resist and
defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and sgrees
that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way I'mit the
respousibilicv to indemnify. keep and save harmless and defend the Ciiv or its officers, erttployees. agents and
lnstrunientalNes as herein provided.
The indemnification provided above shall obligate Contractor to defend at its oktn expense to and through appellate.
supplemental or bankruptcy proceeding. or to provide for such defense, ai City's option. any and all claims of
liability and all suits and actions of ever% name and description which may be brought against City whether
performed ijy Contractor. or persons empluye d or utilize[! by Contractor.
This indemliiy %will SLINK -0 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 Citi.
The Contractor agrees and recognizes that the Ciiv shall not be held liable or responsible for any claims which may
Page 15 of 52
In%itation for Bid 013) 717381.3
result from anv actions or omissions of the Contractor ill which the Citv participated either through review or
concurrence of the Contractor's ucti+fns. In reviewwiiip. approving or rejecting anv submissions by the Contracior or
other acts of ill( -Contractor, the Chv in no wwav assumes cr snares anv responsibility or liaMity of the Contractor or
Sub -Contractor, under this Agreement.
1.43, FORMATION AND DESCRIPTIVE LITERATURE — BidderslProposer must furnish all information;
requested ill the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each
Balder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and
Material Safety Data Sheets {-%ISDS) as required. covering the products offered. Reference to literature subn1itted
with a previous Response or on file with the Buyer will not satisfy this provision..
1.44. INSPECTIONS - The City inav, at reasonable times during the terns hereof. inspect Contractor's facilities and
perform such tests, as the Cit-, deems reasonably necessary, to determine whether the goods and/or services
required to he 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 trade in
accordance with. the provisions of the Citv or lVhami Ordinance No. 12271 (Section 18-79). as sante may be
amended or supplemented from time to time.
1,45. INSPECTION OF RESPONSE - Responses rece;ved by the City pursuatlt ro a Formal Solicitation will not
be made available until such rime as the City provides notice of a decision or intended decision or within thirry (30)
calendar days after Bid closing. wvhichev^r is earlier. Bid.Troposil results will he 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 - �w,ithin len (10) calendar clays after receipt of Notice of Award, the Successful Contractor,
shall furnish Evidence of Insurance to Ille Department of Procurement, if applicable. Submitted evidence of
coverage shall demonstrate strict compliance to all requirements listed oil 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
certiflcate is received within the specified time frame but not in the manner prescribed in this Solicitation the
Comracror shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to subunit
a corrected certificate to the Citi.. If the Contractor fails to subunit the required insurance documents in the aranner
prescribed in this Solicitation ww i hill fil'reen (1 a) 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 io the City. Inforr-cation regarding any
insurance requirements shall be directed to the Risk Administraiar, Department of Risk Management, at 444 SW
2nd Avenue. 9th Floor, /Miami, Florida 33130. 305-416-1604.
The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this
Sec-tlon remain in effect for the duration or 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. Citv Code Section 18-85. states. -v.hen a responsive. responsible non-focal Bidder submits the lowvesr 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 %vithin fifteen percent (15"t,) of the price subrnined by the non -local Bidder, then that
non -local Bidder and each of the aforementioned responsive, responsible local Bidders shall have the opportunity- to
Page 16 of 52
Invitation for Bid (IFB) 717:181,3
submit a best and final Bic] equal to or lower titan the amount of the low Bid previously submitted by the non -local
Bidder. Contract award shall be made to the lowest responsive, respor:sible Bidder submittloo the lowest bes- and
final Bic], In the case of a tie in the hest and final Bid Letu:een a local Bidder and a non local Badder. Contract award
shall he oracle to the local Bidder."
B. City Code Section IS 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 fire 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`/6) evaluation criterion in favor of Proposers who maintain a
local office will be specifically defined in the RPP, RFL/ or RFQ, as applicable: otherwise, it will not apply.
1.49. MANUFACTURER'S CERTIFICATION -The City reserves the right to request froth Bidders/Proposers a
separate klanufacturer's Certification of all statements trade in the Bid/Proposal. Failure to provide such
certification may result in the rejection of Bicir'Proposal or termination of Contract/Agreement, for which the
Bidder'Proposer must beat full liability.
1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No Contract er
understanding to modify this Formal Solicitation and resultant purchase orders or Contracts, if applicable, shall be
binding upon the City unless made in writinh by the Director of Procurement of the City of Miami, Florida through
the issuance of a change order. addenclun), Amencirient, or supplement to the Contract, purchase order or award
sheet as appropriate.
1.51. NO PARTNERSHIP OR JOINT VENTURE - Nothing conralned in this Contract will be deemed or
construed to create a partnership ar joint venture between the City of Nlianii 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
specifiratious is public record and open to exanthtation thereto in accordance with Chapter 119, Florida Statutes.
Items deli4 erect not conforming to specifications may be rejected and returned at Bidder's/Proposer's expense.
These tion -conforming items riot delivered as per delivery date in the Response andlor Purchase Order may rmuh in
Bidder/Proposer being found in default in which event any and all re -procurement costs maybe charged against the
defaulted Contractor. Any violation of these stipulations may also result it,, 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 subjetaed to, discrimination under any program or activity.
In connection dict the conduct of its business, including performance of services and employment of personnel,
Bidder/Proposer shall not discriminate against any person on the bas`s of :ace. color, religion, disability, age, sex,
marital status or national origin. All persons having appropriate qualifications shall be afferded 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 artdror services as may be available.
It is hereby agreed and understood that this Formal Solicitation does not constitute the exclusive rights of the
Successful Bidders)/Proposer(s) to receive all orders that may be generated by the City in conjunction with this
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Invitation for Bid (IM 717381,
Formal Solicitation.
Its addition. anv and all commodities, equipment, anal ser% ic•r s required by the City in conjunction with consir action
projects are Solicited under a distinctly differetit solicitation process and shall not be purchased under the Cercus,
conditions and awards rendered undo this solicitation. unless such purchases are determined to be in the best
interest of the City.
1,55. OCCUPATIONAL LICENSE - Any person, firm. corporation orjobit censure. With a business location in
the Citv of kliami and is submittinIg a Response under this Formal Solicitation shall meet the City's Occupatiunal
License Tax requirements in accordance with Chapter 31.1. Article I of the City of �Llia€tai Charter, Others with a
lOCatiotl autside the City af,Nlialni shall meet their local Occupational License Tax requirements. A copy of the
license must be submitted with the Response; howcvPr, 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) Respouse from an individual, firm. partnership, corporation or joint venture
will Ile considered in response to this Formal Solicitation.
1.57. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records.
riles. 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 BidderfProposer for
any other purposes whatsoever- %%iihout the written consent of Ilse City.
1.58. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or
circtlnistauce shall to any extent be held invalid, then the remainder of this Contract or the application of such
provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and
each proyisinr€ of this Contract steal I be valid and enforced to the fullest extent permitted by law,
1,59, PERFORMANCLlPAYMENT BOND —A Contractor may be required to furnish a Performance/Payment
Fond as part of the requirer:x-ns Of this CUntract, ill an aruount equal to arse hundred percent (100%) of the Contract
price.
1.60. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/proposers are expected to
examine the specifications, required deldyery. drawings. and all special and general conditions. All Bid/Proposed
atuounts, if required, shall be either typewritten or emered into the space provided with ink. Failtire to do so will be
at the Bidder's/Proposer's risk.
A. Each Bidder/Proposer sliall furnish [lie information required iri 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 oil 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 packag:rg.
handling and shipping, and F.O.B. N anti delivery inside City premises unless otherwise specified. Bidder/R-oposer
shall include in the Response all raxes. insurance. social security, workmen's coniperisailm-, and anv other benzfits
normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "knit Price"
colLunn frrr each item. Based upon estimated quantity. all extended price shall be entered in the "Extended Price"
column for each item offered. In case of a n
discrepa.y between Elie unit price and extended price, the unit price will
be preSLIMPd correct.
C. The Bidder/Proposer must slate a defirlie tune, if required, in calendar days for delivery of goods andlor
ser'v"ices.
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 printer] in ink and must be signed in ink
with rhe firm's name and by an officer or employee having authority to bind the conipanv oi- firm by his/her
signature. Bids/Proposals having anv erasures or corrections must be initialed in ink by person signing the Response
Page l8 of a?
Invitation for Bid (IFB) 717381.3
or the Response may be rejected.
F. Responses are to remain valid for ai least one hundred eighty (180) calendar days. Upon award of a
Contract. ilhe content of the Successful Bidder's/Proposer's Response may be included as pati of the Contract. at the
City's discretion.
G, The City of Nliami's Response Corms 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 SUBNIITTINC
I IARDCOPY FORMAT, THE ORICINAL AND TF[RLE (3) COPIES OF TI{ESE SETS OF FOR,NlS, UNLESS
OTHERWISE SPECIFIED, AND ANY RE=QUIRED ATTACH1tENTS MUST BE RETURNED TO T1IE CITY
OR YOUR RESPONSE: NJAY BE DEERI::D NON RESPONSIVE.
1.61. PRICE ADJUSTMENTS — An% price decrease effectuated during the Contract period either by reason of
market change or on the part of the Contractor to other rustamers shall he passed on to the City of [Miami.
1.62. PRODUCT SUBSTITUTES - In the event a particular awarded and appro%ed manufacturer's product
becomes unavailable during the terns of the Contract. the Con.ractor awarded that item may arrange with the City's
authorized represemative(s) to supple a substitute product at the awarded price or lox%er. provided that a samo[e is
approved in advance of delivery and that the neve product meets or exceeds all quality requirements.
1.63. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PR--kC,TICE PROHIBITIONS -
Contractor represents and warrants to the City that it has not employed or retained any person or company employed
by the City to solicit or sectire this Contract and that it has [not offered to pay, paid, or agreed to pav 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 cliscaunt for prompt pad menti however,
discounts shall not be considered in determining the lowest net cost for Response evaluation purposes.
Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal
Solicitation. If no prompt payment discount is being offered. the Bidder/Proposer must enter aero (0) for the
percentage [[!%count to indicate tno cliscaunt. If the Bldder!Proposer fails to eater a percentage. it is understocci and
agree(] that the terms shall be 2`16 20 clays, effective after receipt of invoice or final acceptance by the City.
'`whichever is later.
When the City is entitled to a cash discounr. the period of computation will commence on the date of deliver,:. or
receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary clue to
damage, the cash discount period shall commence on the date final approval for payment is authorized, If a discouhht
is part of the Contract. but the invoice dues 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 BirldersiProposers
during the term of the Contract.
1.65. PROPERTY - Property owned by the City of Miami is the responsibility of the City of k1laml. Such property
fUrtliShe(1 to a Contractor for repair, modification, stutly, etc., shall remain the property of the City of Miami.
Damages to such praperty 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
Contrac(or, In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible
for replacement value of the property at the current market value, less depreciation of the property, if any.
1,66. PROVISIONS BINDING - Except as otherwise express).v provided in the resulting Contract, all covenants,
conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties
hereto and their respective heirs, legal represenladves, 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
follov. ing 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 Wilding or public work, may not submit Responses on leases of real property to a public entity,
niav 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 thiriv-six (35) moml_s front 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
docuniews and information pertaining to City Contracts, subject to the provisions of Ch2pter 119. Florida Statutes.
and City of Miami Code. Section 18. Article [II. and agrees to allow access by the City and the public to all
documents subject to disclosure under applicable la -,v. Contractor shall addiQorall.v comply with the provisions of
Section 119.070 1, Florida Starutes, untitled "Contracts; public records", Contractor's failure or refusal ro comply
with the provision OF this section shall result in the ininlediatP cancellation of this Co Tract by the City.
1.69. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials
used in the nhanufactUring OF constrttctioit of supplies, materials, or equipment covered by this solicitation shall be
new. The items Bid/Proposed must he of the latest make or model, of the best quality. and of tlhe highest gra'3e of
workmanship, unless as otherwise specified in this Sclic iwioih,
1.70. QUALITY OF WORKISERVICES - The work/services perfornied trust be of the highest quality and
workmanship. Materials furnished to complete the service shall be ne%t and of rhe highest quality except as
Otherwise specified in this Solicitation.
1.71. REMEDIES PRIOR TO AWARD (Sec, 18-106) - If prior to Conti -act award it is determined that a Formal
Solicitation or proposed award is in violatinrh of law, then tlhe solicitation or proposed award shall be cancelled by
the Cit••v Commission. the Cit_ti Nlanager or the Chief ProCnrenlent Officer. as ma,,: be applicable. or revised to
cotupl%will the law,
1.72. RESOLUTION OF CONTRACT DISPUTES (Sec. 19.105)
A. Authority to resolve Contract disputr�s. The City klanager. after obtaining the approval of the City Ar.orney.
shall have the authority to resolve controversies between the Contractual Party and the City which arise under, or by
virtue of. a Contract between them; provided that, in cases involving an amount greater than 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 be invoked by a Contractual Party by submission of a protest to the City Manager.
B. Contract dispute decisions. If a dispute is not resolved by mutual consent, rile City Manager shall promptly
render a written report stating the reasons for the action taken by Cite City Commission or the City (Manager which
shall be final and conclusive. A copy of the decision shall be lmtnecliately provided to the protesting party. along
witi a notice of such party's right to seek judicial relief. provided that the protesting party shall not be entitled io
such judicial relief without first having Followed the procedure set forth in this section.
1.73. RESOLUTION OF PROTESTED SOLICITA'T'IONS AND AWARDS (Sec, 18-101)
Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except
for purchases of ,goods, supplies, equipmt tit, and services, the estimated cost of which does not exceed twenty-five
thousand dollars (`525,000.00).
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
may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief
Page 20 of 52
Imitation for Bid (IFB) 717381.3
Procttreuitt nit Offict'r within three (3) calendar days after the Request for Proposals. Request for Qualifications or
Requesi for Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest
is consido d filed wvhenr received by the Chief Procureint'nt Officer: or
B. Any prospective Bidder who intends to contest the Solicitation Specifications or a solicitation rnav protest to
the Chief Procurement Officer. A wriiien notice of intent to file a protest shall be flied with the Chief Procurement
Officer wvithin 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 PrOCUI-enlent Officer.
2. Protest of Award.
A. A written notice of intent to file a protest shall be filed with the Chief Procureinent 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 ort the City of 1liaini Department of Procurement website, in the Supplier Corner,
Current Solicitations and Notice of Recommendation of Award Section. 'Fine novice of the City Manager's
recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award
Postinp Bate 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 rite suppliers name. It shall be the
responsibility of the BicldenTroposer to check this section of the website daily after Responses are submitted io
receive the notice; or
B. Any actual Responsive and Responsible Bidder whose Bid is Power than that of the recommender] Bic!der
may protest to the Chief PrnCtlreinem Officer. A written notice of intent to file a protest steal' be filed with the Chief
Procurement Officer wvithin two (2) calendar days after receipt by the Bidder of the notice of the City's
determination of nun -responsiveness or nun-responsibilii%. The receipt by Bidder of sucih notice shall be confirmed
by the City by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of indent to file a protest is
considered filed where received by the Chief Procurement Officer.
C. A written Invest based on any of the foregoing muss be submitted to the Chief Procurement Officer within
five (5) calendar days after the date the notice of protest was riled. 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 ww•ritmn protest shall state wviih particularity the specific facts and law upon wiucln the protest of the colic taJor.
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 rewlew of the written protest and no facts. grounds. documentation
or evidence not contained in the protester's submission to tl;e Chief Procuremem Officer at the time of filing it,,e
protest shall lie permitted in the consideration of -the writien protest.
No tittle will be added to the above limits for service by mail. In computing any period of time prescribed or a owed
by this section. the day of tile act, event or default front which the designates] period of time begins to run shall not
be included. The last day of the period so computed shall be inclydecl unless it is a Saturday. Sunday or legal holiday
in which event the period shall run until the enol of the next day which is neither a Saturday. Sundav or legal holiday.
Intermediate Saturdays, Sundays artcl 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 [lie City Attorney, to settle and resolve any written protest. The Chief Procurement Officer
shall obtain the requisite: approvals and communicate said decision to the protesting party and shall submit said
decision to the City Commission within thirty (30) calendar days after lie/she receives the protest. Iii cases involving
more than twenty-five thousand dollars ($25,000,00), the decision of the Chief Procurement Officer shall be
subnih feel for approval or disapproval thereof to the City Commission after a faw orable recommendation by the City
Attorney an(] the City Manager.
Page 21 of 52
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
tinac prow: ided, shall constitute a forfeiture of such parh;'s righi io file a protest pursuant to this sec= -ion. The
protesting party shall not he entitiesl to seek judicial relief without first raving followed the procedure set forth in
this section
F. Stay of Procurements during protests. Upon receipt of a written protest `ilod pw suant to the requirements of
this section, the City shall not proceed further wvith the solicitation or with the awa:-d of the Conti -act until the protest
is resolved by the Chief Procurement Officer or the City Commission. unless the City Manager makes a wvritien
determination that the solicitation process Or the Contract 1w,vard 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 pitvable to the City in an amount equal to one percent of rile amount of the Bid or Proposed Contract, or five
thousand dollars (S5.000.00), vw-hicliever is less, M-fth filing fee shall guarantee the payment of all costs wvhfch may
be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the Chief
PrncurPmPnr OffirPr andlor the City Commiission, as apphrahte, 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 of ccsis for
the administrative proceedings.
1.74. SAMPLES - Samples of items. when required, must be submitted within the time specified at no expense to
the Citv. if not destroyed by testing, Bidder(s)/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 ORASSIGNING RESPONSIBILITIES - Contractor shall riot sell, assign,
transfer or suhcomract at any time during the term of the Contract, or any part of its operations, or assign any portion
of the performance required by this Contract, except under and by virtue of written permission granted by the Citv
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"Proposei- must explain on the Response to what extent m arranty and
service facilities are available, A copy of the manufacturer's warranty. if applicable, should be submitted wirh You].
Response.
1.77, SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental
specification as to anv detail or the omission from ii of detailed description concerning any point shall be regarded
as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct
type, size and design are to be used, All workmanship and services is to be first quality.
All interpretations of these specifications shall be made upon the basis of this statement.
If your 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 not 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 33133-5501, at or before, the specified closing date and time as designated in the lFB, RFP,
RFQ, or I�FLI, NO EXCEPIJONS. Bidders/Proposers are Welcome to attend the solicitation closing: however, no
award will be made at that tithe.
A. Hardcopy Responses shall be enclose(] in a sealed envelope, box package. The face of the envelope, box or
Page 22 of 52
Invitation for Bic] (IFB) 717381.3
package most show the hour all(] Clare specified for rerreipt or Responses. the sOliCilatioil Ilnnlber Ill(] title, and the
name and return address of the Bidd(,r Proposes. Hardcopy Responses not submitted on the requisite Respotse
Forms nlav be rejected. f lardcopy R(,lwnses ret -ivied at any other location than the specified sllall be deemed
non-respotlsive.
Directions to City Hail:
FRONT THE NORTH: I-95 SOUTH UNTIL 1T TURINS INTO USI. USI S0UT11 TO 27TH AVE.. TURN LEFT.
PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT). TURIN LEFT, l BLOCK TURN RIGIHT
ON PAN ANIERICAN DR. CITY HALL IS AT THE END OF PAN AIIERIC`N DR. PARKING IS ON +.RIGHT.
FROM THE SOUTH: USI NORTH TO 27TH AVENUE, TURN RIGHT. PROCEED SOUTH TO SO.
BAYSHORE DR. (3RD TRAFFIC LIGHT). TURN LEFT. 1 FLOCK TURN RIGHT ON PAN WERiCAN DR.
CITY HALL IS AT THE END OF PAN AIIFRICAiN DR. PARKING 1S ON RIf�HT.
B. Facsimile Responses will not he considered.
C. Failtti•e to follow these procedures N cause for rejection of Bid/Proposal.
D. The responsibility for obtaining and submitting a Response on oi- before the close date is solely and strictly
[lie responsihility of Bidder;'Proposer. The City of ivlianli is not responsible for delays caused by the United
States mail delivery or caused by any other OCCUr-rence. Responses received after the solicitation closing date and
time will be returned unopened. and will not be considered for ax+.ard.
E. Late Responses will be rejected.
F. All Responses are subject io the conditions specifi,d herein. Those which do nor comply %'vith these
conditions are subjec:t m rejection.
G. Modification of Responses already stibrt,ltted will be considerec] only if recpl�ed at the City- before til? :idle
and nate set for- clnsing of solicitation Responses, All modifications must he submined via the Oracle System or in
writing. Once a solicitation closes (closed (late ancl/or time expires). the City will not consider am subsequent
submission which alters the Responses.
H. If hardcopy Responses are subinhiecl 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 mast contain tte information
pi-eviausly stated in I.82.A.
1.79. TAXES - The City of Miami is exempt frons any taxes imposed by the State and/or Federal Government.
Exemption certificates will be provided up.ln request. Notwithstanding. Bidders/Proposers should he aware of the
fact that ail tziaterials 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 arnended and all
Amendwen-is thereto and sllall he paid solely by rhe Bind; r/Proposer.
1.80. TERMINATION -Tire City ::%Ianager on behalf of the City of Miami reserves the right to terminate this
Contract by v%ritten notice to the Contractor effective the date specified in tile notice should any of the follo%%ing
apply:
A. The Contractor is determinrd by the City to be in breach of any of the ternis and conditions of the Co,nract.
B. The City has determined that suds teroliilation will be in the best interest of the City to terminate the Contract
for its own convenience:
C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is Contin ern
upon the availability of appropriate funds.
1.81. TERMS OF PAYMENT - Payment a ill be made by the City after the goods and,,or services awarded to a
Bidder!Proposer have been received, inspected, and founts to comply with award specifications, free of damage or
defect, and properly invoiced. No advance payments of any kind «ill be made by the City of Mialni.
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Invitation for Bid (IFB) 717381.3
Payment shall be made after delis ery. within forry fire (15) calendar dans of receipt of an invoice and authorized
inspectioii and acceptairce of the goocis,'sen ices anti pursuant to Section 218.74. Florida Statutes and other
applictible law.
1.82, TIMELY DELIVERY - Tinte krill be of the essence for any orders placed as a result of this solicitation. The
City reserves the right to cancel suets orders, or 111 !.tart thereof, without obligation, if delivery is not made within
the time(s) specified on their Resparise. 1)(diyeries are to be made during regular City business hours utlless
otherwise specified in the Special Conditions.
1.83. TITLE - Title to the goods or equinnx nt shall not pass to the City until after the City has accepted the
goods/equipraJell t or used the gnods. w hichcver comes first.
1.84. TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to
the Ciiy are subject to public disclosure pursuant io Chapter 119, Florida Statutes. An exception may be made for
"made secrets."
If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from
Chapter 119 trust be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION,"
with your firm's name and the Solicitatian number and title marked on the outside.
Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person.
By your desiguation of material in your Response as a "trade secret" you agree to indeinnify and hold harmless the
City for any award to a plaintiff for da€Wages, costs or attorney's fees and for costs and attorney's fees incurred by
the City by reason of any legal action challet)ging your clahn.
1,85. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)IProposer(s) nor
any of hisrher employe --es shall perform any work or deliver any goods unless a change order or pUrchase order is
issued and received by the Contractnr. The qualified Bidders)/Proposer(s) shall not be paid for anv work performed
or gnocls cle livered outside the scope oi` the Contract or any work performed by an employee not ollierwise
previously authorizer).
1.86. USE OF NAME -The City is not engaged in research for advertising, sales promotion, or other publicity
Purposes. No advertising. sales promotion or other publicity materials containing infonWation obtained from this
Solicitaiton are to be mentioned, or imply the name of the City. without prior express writlea permission of the City
t4lanager or the City Commission.
1.87. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, BidderslProposers must
indicate anv variances from the solicitation specifications and/or conditions. no matter' how slight. If variant ns are
not stater) on their Response. it %k ill be assumed that the product fully complies wvith the Cirv's specifications.
Page 24 of 52
Invitation for Bid (IFB) 7173131.3
2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract. for Landscape !klaintenance on US -1, as specified herein,
from a sotn-ce(s), fully compliant With [lie terms. conditions and stipulations of the solicitation.
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATIONICLARIFICATION
Any questions oi- clarifications concerning this solicitation shall be submitted by email or facsimile to the
Procureniert Department, Atin: Pearl Bethel. CPPB: fax: (305) 400-5340 or entail: pbeihel@miamigov.cortiand a
copy filed with the Office of the Cite Clerk, pursuant to Section 1.20. Cane of Silence. The solicitation title and
number shall be referenced on all correspondence. All questions must be receh ed no later than November 27. 2017
@ 5:047 Plbl. All responses to questions v.,ill be sent to all prospective bidders/proposers in the form of an
addendum. NO QL;ES'I'iONS WILL BE RECFIVED VERBALLY OR AFTER SAID DEADLINE.
2.3. PRE-BIDIPRE-PROPOSAL CONFERENCE
None
2.4. TERM OF CONTRACT
The Contract shall commence upon the date of notice to award and shall he effective for three (3) nears with the
option to renew for t%vu (2) additional ore (i) year periods, subJect to the availability of funds for succeeding fiscal
years.
C.ontinnatiot: 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 he considered only from firms that are regularly engaged in the business of providing goods and/or
services as describer! itt this bid: that hm, e a record of performance for five (5) years: and that have
adequate financial support, equipment and organization to insure that they can satisfactorily provide [lie goods
and/or services if awarded a Contract under the terms and conditions herein stated. The minimum qualifications for
this bid are that the Successfut Bidder shall, as of Bid Due Date:
Mage 25 of 52
invitation for Bid (1FB) 717381,3
1. [lave a current certified license as a General Contractor front the State of Florida, Restricted Use Pesticide
(RUP) license from the Department of Agric-uhure. ANIS Miami -Dade County Business Occupational
License in the following irado� Landscapirig. 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
all([ Landscape Association (FNGLA) Certification. and International Society of Arboricuirure (ISA)
CertlflCatioln - Submit conies of certifications with bid. Failure to submit may deem Bidder
non-responsive.
3. Have no record of pending lawsuits or criminal activities, anti have never been declared bankrupt within the
Inst three (3) vear5.
4Not have airy 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, andlor has failed to
perform faithfully on any previous Contract wlth the City,
2.7. SUBCONTRACTOR(S)
As part of its bill, the Bidder is required ro identifv any and all Subcontractors that will be used in the performance
of the proposed Contract, their capabilities. experience, and the portion of the Work to I)e done by the Subcontractor
using Attachment C - Subcontractors. Failure to identify- any and all Subcontractors in the bid shall render tl�.e 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 Subcontracior(s) not originally mentioned in their bid, except under and by
virtue of permission ,granted by the City through (lie proper officials.
Nothing contained in this specification shall be construed as establishing any contractual relationship between any
Subcontractor and the Cite. 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 any Subcontractor(s) as part of its bid sUbltlittal, it will be construed that Bidder w ll be
able io handle die entire %vorkioad by itself and will not be allowed to subcontract any of tine Work unless it remtest
in writing rite hiring of Subcontracioris) %%iih the aforementioned requirements attached to its request within
seventy-t%vo (72) Bouts of considering hil'ing Subcowractor(s).. The City will grant or deny such request in writing
�witltin forty-eight (48) hours of receiving; said request.
The Work perfornied by all Subcontractors shall be no more than ten percent (1.Qr'/cr) of the total Work Vett
this Contract.
Page 26 of 52
hivitaiion for Bid 013) 717381.3
2.8. REFERENCES
Each bid 1= be accompanied by three (3) references for Landscaping Contracts front within the past fire (5)
years, (Attachment D Reference Sularnittal Form) as reflected in the Heac1er1Anributes SOCHOrt of this solicitation.
which shall inelttde the name of the c:umpatty, bate of contract. description of services prop ided, a contact pe:-snn
an(] the telephone number. NO BID WILL BE CONSIDERED WITHOUT THESE REFERENCES.
2.9. METHOD OF AWARD
Award of the contract will be mace to the three (3) lowest responsive and responsible Bidder(s) on a Primarv.
Seconder- and Tertiary basis, who bids oil all items and whose bid offers the lowest price when all items are added
in the aggregate, using Attachment B - Price Sheet and who meet die specifications herein. In the event the Primary
vendor is unable to accept a project(s) clue 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 vendor(s) for a specific
project(s), services. product, etc.. prior to the provision of the sante. 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 tite most expedient manner and at the lowest possible price.
The City reserves the righr to accept or reject any or all bids or Dart of bids, waive informalities and re -bid these
services specified herein.
2.10. TIE BIDS
Whenever Iwo (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 workplace program shall be given preference in the award process. Established procedures
for processing He bids will be followed if stone of the tied vendors have a drug-free workplace program. In order to
have a drug-free workplace program, a business shall:
(1) Publish astaiement notifying employees that the unlawful nIanufacrure, distribution. dispensing. possession. Or
use of a controlled substance is prokibited in the %%orkplace and specifying the action that will be taken against
employees for violations of such prohibition.
(2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a
drug-free workplace. arty available drug counseling, rehabilitation. and employee assistance programs, and the
penalties that may be imposed upon emplovaes for drug abuse violations.
(3) Give each employee engaged in providing the commodities Or contractual services that are under hid a copy of
ate statement specified in subsection (1).
(4) In the starenient specified in subsection (t), nodfv the eniployees that, as a condition of working on the
commodities or contractual services t hat are under bid, the employee vdill abide by the terms of the statement and
will notifv the employer of a:n coni iction of, or pipa ofguilty or eo[o contendere to, arty 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 fire (5) calendar days after such conviction -
Page 27 of 52
Invitation for Bid (IFB) 717381.3
(5) Impose a sanction on. or require the satisfactory participation in a di-LIGabuseassistance or rehabilitation
program, if such is available in the employee's community. by any employee who is so convicted.
(6) 1% lake a good faith effort to continue to maintain a drug-free \m --place through implementation of this Secron.
2.11, INSURANCE REQUIREMENTS
INDEMNIFICATION
Successful Bidder shall indernnifv. holo I save harmless and defend at its oxen costs and expense, the City and its
officials, from and against all 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 ol Successful Bidder, including any person performing under this Contract for or on Successfid B'idder's behalf.
pro% tded that any such claims, liabilities, losses and causes of such action are not attributable to the negligence or
miscoi3cfuct of the City and, from and against any orders,judgments or decrees which may be entered and tvidCh
niav result from this Contract, unless attributable to the negligence or rniscooduct of the City, and from and against
all costs. attcrueys fees. expenses anct. liabilities incurred in the defense of any such claim, or the in%estioatio:
Thereof.
The Successful Bidder shall furnish io the CitV of Miaini. c/o Procurement Department, 444 SW 2nd Avenue. bth
Floor. Miami. Florida 33130: Certificate (s) of Insurance which indicates that insurance coverage has been obtained
which meets the requirements outlined below:
INSURANCE REQUIREMENTS FOR US -1 LANDSCAPE MAINTENANCE
L 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 - S 1,000,000.00
B. Endorsements Required
City of Miami listed as an additional insured
Contingent and Contractual Liability
Premises and Operations L.'tabilitV
Explosion. Collapse and Underground Hazard
Primary Insurance Clause Endorsement
Herbicide and Pesticide Coverage
Page 28 of 52
]itvitation for Bid (1 FB) 71738 1.3
II. Business Automobile Liability
A. Limits of Liability
Bodily [njury aizd Property Damage Liability
Combined Single Llittit
Any Atito
lnciuding [-fired, Borro%ced or Non-0,,v!,ed ALI105
Any Oae Accident: $ 1,000,000.00
B. Endorserntents Required
City of Mjaii)! listed as an additional instired
III. 'Worker's Compensation
Limits of LhIjilit}
statutory - State of Florida
Waiver of subrOgatioit
Employer's Liability
A. Limits of Liability
S 100.000,00 for bodily injtity caused by an accident, each accident
S 100,000.00 for bodily injury caused by disease, each erztployee
S 500,000.00 for bodily injury catised by disease, policy limit
IV. Umbrella Liability
Each Occurrence - $ 1,000.000.00
Policy Aggregate - 5 1.000,000.00
City of Miami listed as an additional ittsw'edl
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 suclt 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
Page 29 of 52
Imitation for Bid (1FB) 7173131,3
insurance policies required above:
The company must be rated no less than 'W" as to management, and no less than "Class W as to Finmicial
Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company. Oldwick, New
Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by
Risk Management prior to insurance approval.
2.12. ADDITIONS/DELETIONS OF LOCATIONS/ITEMS/PRODUCTS/SERVICES/VENDORS
Although this solicitation identifies specific kwatinns/ileinslproducts,'services to be perforated. i. is hereby agree(]
and undemtood that an%' fa ilily;-locatio:i/ir;nv'l roduct;'service tray be added,,deleted to/front this Contract at the sole
discretion of lite Oily. 41 h -el, an addition rn lh�e Contract is required, the Successful Bidder(s) under this Contact
shall be invited to submit price quotes for I!, ,. 1f these quotes are
corniparable with market prices offered ftfr SiltliiLl3' IOl _ltit)[1Slitems/prt,clucts;services, they shall be added to the
Contract whichever is in the best intert,st of the City anal in addendum and a separate purchase order shall be issued
by the City.
If addit iottal vendors are required to perforn-i the duties described within the Scope of Work, vendors will
be required to meet the tnininttun qualifications contained in Section 2.6. Bidders I4lininlum Qualifications. The
addition of vendors will be at the sole discretion of the City.
2.13. BID BOND
All Responses to his IFB shall be in Hard Copy Format as of lied in Section L.60. Preparation of Res. ons
(Hardcoly Format). and delivrcred to the Hard Copy Stiornittal Location on the froutrover.
All bids shall be accompanied by either an original Bid Bond executed b,. a Su:•et% Corltpany 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 \a 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 any national or state bank
(Unitech States), In the amount of five percent (5%) of the total bid amount, payahle to City of Miami. Florida, and
Conditioned upon the Successful Bidder executing the Contract and providing the required Performance Bond and
Pavmertt Bond art(] 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 tl-e 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 test (10) calendar days after Cite
award and Successful Bidder's acceptance of award. If ninety (00) calendar days have passed after the date of the
formal solicitation closing date. an(] no Contract has been awarded, it]] Bid Deposits will be returned oil demand,
2.14. PERFORMANCE BOND
Within fifteen (la) working days following notice of award by the City, the Successful Bidder shall furnish to the
City of Mianii, a Performance Bond in the total amount of the annual Cost to the City for the period of the contract
Page 30 of 52
InN itation for Bid (IFB) 717381,3
(to be determined at t1w dime of award), The Perforinance Bond can be in the form of a Casliier"s Check. made
payable to the City of \Iiamd: a bond written by a surety company authorized io do business in the State of 1,1orida
and shall coniply with State Statute 237 0935: or an Irrevocable Let(cr of Credit. If the latter is chosen, it must be
written on a bank located in Miami -Bade County. be in the amount of the annual contract and should clearly acid
expressly state that it cannot he 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 Nliarni adopted a Living Wage Ordinance for City Service Contracts with a total Contract value
exceeding $100,000.00 annualty, and that have been conipetitively solicited and awarded en, or after January t
2017 by the City.
"Service Contract" ineans 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 2137.055. and Section 18-87 of the City
Code. and,/or the other exclusions provided by Section 18-557 of the City Code. Section I8-557. City of Miami
Living Wage Ordinance. is attached as Attachment A. Please see provisions in Attacliment 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 wale of no less
than S 13.19 an hour, with health benefits.
This language is only a summary of the key provisions of (lie City of Miami 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 (cine year). No price increases shall be.
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 oil the Consumer Price Index (CPI) -Ali Urban Consumers, Mianii-Fort
Lauderdale, FL. All Items.
Any requested adjustments shall be fully documented and submitted to the City at feast sixty (60) days prior io the
contract year end date. Any approved price adjustments shall become effective on the beginning of the date of the
approved conn -act renewal.
The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, or are
considered to he 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 he
considered cancelled on the scheduled expiration date.
Page 31 of 52
Invitation for Bid (IFB) 717381,3
2.17. PROJECT MANAGER
Upon award, Successful Bidder shall report and work directly �N ith Raphael Gonzalez, Public Works Operations
Coordinator. or designee, who shall be dusignatett as the Project ;Manager 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 shalf be maintained in
an efficient and safe operating condition evhile performing work under the contract. Equipment must have al] proper
safety° devices regtrired by la%ti which 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 approia] of use. It may require a change of designated items)
that are deemed by the City as unsafe or which may create an uncomfortable environment and/or service to City
employees or patrons.
Successful Bidderrs) shall be solei'v responsible for the equips -hent used on this contract. he City will provide
- l I l �=c it wr not
any storage facilities for said equipruent or supplies.
2.19. PERSONNEL
The Successful Bidder(s) shall he 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.
All services required herein shall be performed by the Successful Bidder(s) and all personnel engaged in performing
the services shall be qualified to perforin such services
2.20. SUPERVISION
Successful Bidder shall keep an the work site during its progress. a full-time con petent English speaking Suoervisor
and any necessary assistants, all satisfactory to the City. The Supervisor shall not be changed except with the written
consent of tlw Citv, unless the Supervisor proves to be unsatisfactory to Successful Bidder and ceases to be in its
employ. The Supervisor shall represent Successful Bidder and all directions given to the Supervisor shall be binding
as if given to Successful Bidder and twill be confirmed in writing by the City upon the written request Of SUCCesSfld
Bidder. The City shall be pro% ided telephone number(s) and email(s) for the Supervisor, where the Supervisor cast
be contacted during regular Business hours (NIond2y - Friday, 8:00 a.ttt. to 5:00 p.m.), as well as after hours for
etalergencies.
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 hardcopy of any original invoice to the City
Project Manager. Invoices shall include the following information at a minirrxrm:
Page 32 of 52
Invitation for Bid (IFB) 717381,3
Description of service;
Unit and total cost:
Purchase Order Number;
Address for which the services related to thr imvuice %%cre performed;
Invoice nuntbtT; antd
Time period of service.
2.22. METHOD OF PAYMENT
Payment will be made within foriv -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 subniission of properly
certified/approved invoices, All such information shall be provided to the City Project 114mager,
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 en ployees shall be estimated 17y the
City Project Manager and con;tl:uted actual costs of repairs shall he deducted from the Successful Bidders total
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 [Itis Contract, the City, upon written notice to the Successful Bidder(s) or his
assignee of such occurrence. shall ]nave the unqualified right to terminate the Contract without any penalty or
expense to the City. No guarantee. %varranty 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 mairttemtnce tasks are mloimum frequencies. which may be increased. as deemed necessary, by tho City.
2.25. COMPLETE PROJECT REQUIRED
These specifications describe the various items or classes of Work required. enumerating and defining the extent of
sante necessary. Failure to list any item or classes under scope of the several sections shall not relieve the Successful
Bidder from furnishing, installing or performing such Work where required by any part of these specifications, or
necessary to the satisfactory completion of the project.
2.26. RESPONSE TIME
A four 4hour response time is required. Failure to respond to a service call within the specified time will result in
the Primary Vendor paying any and all costs associated with the repairs performed by a Secondary or Tertiary
Page 33 of 52
Invitation for Bid (IFB) 7173813
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) niay be derermined to he in default of the contract. Successful Bidder(s) shall be required
to have sufficient equipment. supplies. an(] materials, at all times. At no time sltall the Successful Bidder(s) be paid
for any day that his/her personnel fail to slio«- up to a location or fail to perforin 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 deein [lie Successful Bidder(s) Ili
default. The City shall be the sole judge of non-performance, Failure to perform, and default of contract. The elate 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
reser-�es the right to declare the Successful Bidder in default of the contract or make appropriate reductions in the
contract payment.
Z.28. USE OF PREMISIS
The. Successful Bidder sltall confine his/her equipment, apparatus, the storage of niazerials. and the operation r,!
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/Iter 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 ott°,t expense. whenever necessary or required, maintain barricades, maintain
lights, and take such other precautions. as t=.hay be necessary, to protect life and property. Successful Bidder sltall be
liable for all damages occasioned in any way'oy his.'her actions or neglect, or tihat of his/her agents or employees,
Tile Successful Bidder shall meet the fullowhig noise abatement performance standards for all equipment: bets een
the 11oU1'5 of 7:00 a.m. and 6:00 p,m„ noise levels shall not exceed 80 dFA at the nearest residential or commercial
property lite. Operation of equipment should be avoided between the hours of 6:00 p.nh. and 7:00 a.m., bur if
required, ill(, noise level shall not exceed 65 dBA.
2.30. SAFETY MEASURES
Successful Bidder shall take all necessary precautions for the safety of employees, and sltall erect and properly
Page 31 cl 2
Invitation for Bid (IFF;) 717381.3
maintain at all times all necessary safeguards for (lie protection of (lie employees and the public. Successful Bidder
Shall obtain the proper lane closure perrhh't(s through the Florida Department of Transportation (FDOT) when
perfornhing maintenance and shalt be in compliance witli all Maintenance of Traffic (MOT) standards.
Dan ter ss ns warning against hazards created by his/her operation and Work in progress mLISI 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 equipnient that is in safe; operating order and
C011(1111011, SUCCeS5ful Bidder shall he especially careful when ser% icing property. and •whet: pedestrians and vehicles
are in close proximity - Work shall cease until tt is safo to proci;ed.
2.31. DAMAGES TO PUELICPRIVATE PROPERTY
The Successful Bidder shall carry out the Work with such care and methods as riot to rest;]-, in damage to public or
private property adjacent to the Work. Any damage caused by the Successful Bidder(s) slhail be reported to the
Project Manager in writing. Should any public or private property be damaged or destroyed. the Successful
Bidder(s). at itis/her expense, shall repair or make restoration as is practizal and acceptable to the City and/or Owners
of destroyed or damaged property promptly within a reasonable length of time- (Nor to exceed one month from date
damage was done).
2.32. LIQUIDATED DAMAGES
Fitllure to complete the Project in accordance with the specifications and to the satisfaction of the City within t+he
time stated. shall result in liquidated danhages being assessed against the Successful Bidder. The Successful Bidder
shall be 1Al6jcc1 to ail assessment of liquidated damages in the amount of one hundred dollars($ 100.00) for each and
ever v calendar rlav that the Work remains incomplete (not to exceed the total amount of the Contract), as
coim�ernsation due to the Cite for loss of use and for additional costs incurred l v the City. due t(; such
non-conhpletion of the Work. The City shall have the right to deduct said liquidated damages from any amount due
or that niay become due to the Successful Bidder under this agreement, or to invoice the Successful Bidder for such
damages if the costs incurred exceed the alnount clue to the Successful Bidder.
2.33. EMERGENCY / DISASTER PERFORMANCE
In [lie event oI a hurrii-ane or other enlergenfti or diSaS[er Sittlatitin, the Successful Bidder (s) shall provide the City
witi the coninodNes-services defined within the scope of this solicitation at the price containers avithitl Successful
Bidder's response. Further, Successful Bidder shall deliver�perfonn for the City on a priority basis during such
tithes of emergency.
2.31. TERMINATION
A. FOR DEFAULT
If Successful Bidder defaults in its performance under this Contract and does not care the default within thirty
(30) calendar days after written notice of default. the City [/tanager may terminate this Contract. in whole or in part.
upon written notice without penalty to the City- of Miami. In such event the Successful Bidder sliall be liable for
dama ges. includillg the excess cost of procuring similar supplies or services: provided that if, (1) it is deterni4ned for
Page 35 of J-2
Invitation for Bic! (1FB) 717381.3
any reason that the SUf. E°SJful Bidder was not in dvfattlt or (2) the Successful Bidder's failure to perform is without
his Or his Subcontraclor's control, fault or negligence. the termination troill he c?vented to be a termination for the
conven'lerace of the Citv of tNliantl.
B. FOR CONVENIENCE
Tho City Manager may Ierminte this Contract. In �+hole or In par:, 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 will be compensated in
accordance with all agreed ultott acljttstment 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 tvhh the payment provisions of the Contract for
those services rendered prior to termination.
2.35, ADDITIONAL TERIMS AND CONDITIONS
No additional terns and conditiotn included as part of your solicitation response shall be evaluated or considered.
and arty and all such adrdit;onal terms and cnnditdons shall have no force or effect and are inapplicable to this
solicstaticiti. if submitted either purposel'v, thras=h intent or design. or inadvertently, appearing separately in
Mulsmit�al letters, specifications. literature, price lists or warranties. it is understood and agreed that the General
Cotirlitiotis and Special Conditions in Idris solicitation are the only conditions applicable to this solicitation and that
the Bidder(s) autdtorized signature affixed to 1110 Bidder(s) acknowleclument form attests to this.
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Invitation for laid (IFB) 717381,3
3. Specifications
3.1. SPECIFICATIOIwS/SCOPE OF WORK
The City of Miami ("Ciiv") on htahalf of the Public Works Department ("Public Works") is soliciting bids for US -1
Landscape Maintenance Services. The Successful Bidder shall furnish all labor, supervision, vehicles, totals,
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 nn US -I Letween
the 1-95 Southbound exit and Sit` 37th Avenue. In addition. maintenance sliall also include the strip of land LeRveen
the wall. curb. and trellis located or: the US -1 Northbound latae between Vizcava and SW 191h avenue and the I-95
Embankments located betwtieen SW 32nd Road and west of South Miami Avenue; State Road ("S,R.") 9/SW 27
Avenue fron3 SVV 28th Lane to the SW 8th Street right-of-way,
Locations:
The Successful Bidder, at a ntinituum. shall perform the following services in accordance with the frequencies
indicated on Attachment E -Sample Work Schedule in the Header!Attachments Section of the IFB.
US -1 Betwcen I-95 Southbound exit and SW 37 Ave.
Nfowinq. weeding. trimming. rle5ris 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 ort the relli :
Mokwina, a eediilg; [-inuuing, (!Oris and litter pick-up. sweeping, herbicide and insect spraying.
1-95 Embartkriicr)ts:
Nloww ing, weeding. trimming, debris and litter pick-up, sweeping, herbicide, and insect spraying.
S.K. WSW 27 Avenue from SW 28th Lane to the SW 8th Stree right -of —wad:
dowing. wweedino, trimming, debris and liner pick up. sweeping, fertilizing, herbicide and htsect spraying, edging
and pruning, re -installing root guards, removing dead trees, and fronds, as well as ]owwer branches. removal of all
undesirable plants, and invasive exotic plant materials. In addition to 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.) Nlowing�
Mowing shall he performed hi a manner consistent wvith landscape maintenance industry standards that ensures
smooth surface appearance without scalpi;tg or leaving any uncut grass.
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Invitation for Bid (IFB) 717381.3
a. All mowing equipment shall be equippetl with adjustable and functional discharge chutes. Discharge chutes
s I w I I be augled do%%n1\ ard as necessary to prevent the discharge oi' clippings or other generated debris into
pedesirlan areas, roadways, or other areas that may cause damage or injurV to persons or property. Discharge chutes
shall be adjusted down�vvrd at a rninimuni 35 degree angle front horizontal when conducting tttowlng operatz�ons
along niedians and roadwav edges.
h. All mowers must be adjustable and adjusted to the proper cutting height and level for the kind of grass and
current condition. ivlo\%er- blade height adjustment is to lie ineasured from a i vel floor surface to the parallel and
level plane of the nioa%er blade.
C. All mower blades are to be sharp enough to cut, rather than to tear grass blades.
d. All litter and debris is to be removed from grass before snowing to avoid items that may be propelled b}- motr,er
blades.
e. Moving will be done carefully so as not to damage tree bark, 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 cautsetl by niowing or trimming shall be removed from adjacent walks, streets, drives,
gutters, and curbs or- surfaces on the sante day as mowed or trimmed. Nothing shall be allowed to stay in the E icinity
of a storm water inlet catch basin(s) nor be allo4ved to eater into any inlet, catch basin or body of water. Fallure 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 sliall not be stowed iower than tv�o (2) latches 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 (weight. v0th an average maintained height of three (3)
to Four (4) inches.
Note: Excess clippings shall be removed from roa(kti ad's and sideis•alks. Under no circumstances are excess
clipRings tai be placed on, near. or in a catch basin, storm drain. or water bode
2.) Triniming anti Edging
Trinwnling:
a, Grass shall be t°imnied during, or as an hiirnediate operation following. mowing. Trimming may be
accomplished by stand 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 layerbeneath, 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 (IFB) 717381.3
E 1in :
a. Mechanical edging of all turf edges minting sidewalks. and Mash paved surfaces, including all road curbs.
drives, etc., will be [lone [luring oras an inxmediate operation follo%%in- the mowing for the cycle as follows: turf
will be ed9rd approximately eighteen (18) inches outside and around all trees that are in lawn areas, or as directed
by Cite Project Manager or designee. Tui f wilt be. edged approximately ten (10) inches out from the drip line of
sill ubs anei hedges. 'turf edging at shrub I)eds. dower 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 triniming will be removed and swepr from adjacent hard
surfaces, including but not limited to roadways. sidewalks, and trails during or as an immediate operation following
the niowillg.
b. Chemical Edging: Chemical application may be used as an alternative to mechanical edging to kill weeds and
trim in and around areas such as planners, 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. If sod replacement is not complete
within one week of written notification, City may replace and deduct the cost of replacement from the next ln: oice.
3.) Weed Control:
a. Weeds are to, be niecharically or chemically removed from medians, strip of land by wall, and oil trellis,
embankments, and right-of-ways.
h. Successful Bidder may use contact herbicides for killing spots ofweeds in St. Augustine grasses, with %vrit:en
permission from the City Project Manager or designee.
1.) -Shrub acid 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 shrill be performed to have shrubs appear orderly and near a; 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.
Mulch:
Mulch shall be added in accordance %% itch Attachment E. Schedule: of Activities. Spanish Gold or Eucalyptus Mulch
shall be applied three (3) incites thick. however, no mulch shall be placed around the immediate base of shrub
stents. Beds shall be cleats 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 k shall be supervised bw ars 1werntional Society of Arborirtilture (ISA) or ]National Arborist
Association (NA,,I) certified arborist. All wvork shall be perforated in accordance with guidelines set fortis in the
latest editions oFANS1 7133.1 and ANSI A 3011 (Safety and Pruning Standards) as published by the American
National Standards Institute. Ender all circumstances, this work should be performed so as to ensttt°e the highest
possible value for each tree is maimainecl, hased on the International Society of Arboriculture (ISA) Standard
Valuation Guidelines. Odler Standards Of practice as published by the United States Department of Agricul:ure
("USDA"), Florida Department of Agriculture and Consumer Services - Division of Forestry. andlor L'niverslty of
Florida/Florida Cooperative Extension Service - lustitute cf Food and Agriculture Sciences. may be referenced when
local conditions are not specifically adeireswd 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 %% ith a valid
i4tianii-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
Nlianti-Dade County standards and requirements as they pertain to Tree Trimming.
Palin Trees
Dead fronds from palm trees shall be removed from the ground as they fali. Sabals and Washington Palms shall be
thinned of dead or dying fronds twice annually with one (1) with one pruning cycle to occur to June and one (1) to
occur in November. With the exception of seed pods. no healthy green Fronds are to be removed %without prior
written approval from the City Project Manager or designee,
Shade 'Drees
Shade Trees including but atot limited to Oaks, stilahogany'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 immediately. 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, Lig:ustrum. Oleander Standards. etc. shall be pruned by
thinning to maintain shape of tree every other month.
7,) Liner 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 froth the sites and disposed of in accordance with City of Miami and
Nlianii-Dade County Ordinances, at Successful Bidder's expense (no dumping on City property shall be permitted),
City retains the right to request debris removal upon a finding by Cite 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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levitation for Bid (1FB) 7t7381,3
the below services. When required, the Project Manager or designee will request a quote Based on pricing provided
for the additiot.al services.
• 1"ree/Palin stump removal
• Sodding
• Planting of Trees/Palms
• Planting of shrubs
• Watering
These services shall be provided in accordance with industry standards, !it addition to the specifications below:
PIanting o€Trees/Palms: Secy Section 3.2,
Sodding: See Section 3.3.
Tree Removal: Successful Bidder (s) shall supply labor. supervision, tools, and equipment for rernovai and proper
disposal of trees. All reiuovals shall ii7c lade stuittp grinding 01- strnMp removal where appropriate.
Tree Standing: Upon request of City Project Manager nr 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. GFOLIndcoyer 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 Circ Project Nlanager or designee. Some specific insects to be controlled
include but are not lirniied to aphids. scale, white fly, and grasshoppers. In addition, the following guidelines shall
be adhered to when performing pest controi:
a. All work involving the use of chemicals shall be in compliance tivith all federal, state and ]ocai laves and will
be accomplished by or under the direction of a person holding a valid Florida Certified Pesticide Applicators
License. Application shall be in strict accordance v% ith all governing regulations.
b. Material Data Safety Sheets (MSDS) sheets for all proposed chemicals to include, commercial name,
application rates and type of usage shali be submitted to the City Project Nlanager or designee for approval w 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
Certifier) Pesticide Applicators License. Applications shall be in strict accordance with all governing regulations.
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Invitation for Bid (IFB) 7173131.3
d. Records must be kept and retained (,, ith copies provided to the City in application report) as prescribed by
law for the use of pesticides of all operations stating dates, times. methods of applications, chemical fOrIntdatiOns,
applicators names anri %readier conditions.
e. Chemicals shall be applied when air current are stdI anti using methods preventing drifting onto adjacent
property and preventing anv 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 (3) miles per hour,
Note: Any soil, sod or plants contaminated or damaged by misuse of chemicals on the sites will be removed and
replaced. with such removal and replacement cost pair) for by the Successful Bidder (s).
Environmental Protection: Successful Bidder (s) shall comply with Chapter 17, Environmental Preservation of
.Miami Cite Code. and City Ordinance 12636 and 130133. Any violations of this Code by Successful Bidder (si will
autoulatica11-y prompt the damages to be bourne b\ Successful Bidder (s) and no additional charges will be allowed.
Code Compliance: All Work shall comply with th<: South Florida Building Code, City of Miami Code, and
Miami -Dade County Code. Successful Bidder (s) shall comply with the regtHrenients of Section 114 of the Clean
Air Act and Section 308 of the federal Water Pollution Control Act as tveli as any other requirements specified in
the IFS.
Proper Equipment and Operation: The Successful Bidder (s) shall comply vvitlt 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 palms.
3.2, PLANTING
PLANTING GENERAL
The Successful Bidder (s) sliall provide all labor, supervision, marerials, autl equipment, watering and relalee
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 anv conflicts as to scheduling ,with others. The Successful
Bidder (s) is prohibited from blocking traffic (luring peak traffic Hours (i.e.. any time prior to 9:30am and any time
after 3:30pm).
ll.PERSONNEL: All planting shall be performed by personnel familiar vvith puattiug procedures and under the
supervision of a certified landscaper who is to be present at the joibite during the course of the work.
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lnvitarian for Bid (I FB) 717381.3
11I.PROTECTION OF U'T'ILITIES 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 be taken not to disturb or dantage 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) perforating services without due care, and shall
properly tnalwain the protection of Sallie.
IV.CLEAN UP: if the Successful Bidder (s) fails to clean up, the City tnay do so and the cost thereof shall he
Charge(] to the Successful Bidder (s).
V.SUBMITTALS:
A.Unit Prices: The unit prices bid will serve as the basis for any required additional service to the Contract.
B.r4laterials: Stibmit four (4) samples each with corresponding certificates of compliance from tate product
manufacturer or supplier for planting sail, fertilizer (analysis card), mulch, galvanized steel banding. turn buckles.
gnu %t ices and painted sample of kt nod bract's. Submit these within thirty (30) calendar clays after award of Contract.
C.Schedule: A derailed sequence of planting; shall be stlbmftted to the City by the Successful Bidder (s). Submit
revised schedule When departure from sante is necessary,
D.Maintenance Guidelines: Submit detailed maintenance guitlelines covering fertilization, warering, spraying,
trimming, mulching, and any other pertinent issues related to landscape ,.vork required to ensure viability of plant
material. Submit maintenance guidelines sixty (60) calendar days after award of Contract for review by Elie City.
MATERIALS
1. 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.$) as supplied by ATLANTIC -FLORIDA EAST COAST FERTII..IZER &
CHEMICAL, unless noted otherwise, or approved equal.
11. PLANT MATERIAL:
A.Words "Plant Materials" or "Plants" refer to and iltrlucle 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 (1FB) 717381.3
burlap plants.
D.AII plains shall have been transplanted or root pruned at least once in the three (3) years previous to Contract
effective slate. Root bound container plants will not lie accepted.
E.Collected palms shall be heeled in the norseryV for no less than three (3) months prior to final planting.
F.AII plant material not otherwise specified as being Florida Fancy of Specimen shall be Florida No. I 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 n;easurentent. 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 dins after award of Contract.
I.Any materials anti work may be rejected if; h, the sole discretion of the City's Project Manage= or designee, such
clues not meet the requirements of these specifications. All rejected materials shall be promptly removed frori the
site by the Successful Bidder (s) at their expense.
J.Plants existing on the sire and transplanted Ly the SGCCessful. Bidder (s) shall be subject to Successful Bidder's
guarantee.
%.Plants 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 (15) calendar days prior to the projected installation date. All material shall be
clearly identified by the use of colored vinvl tapes. The Successful Bidder (s) small tab ten percent (10%) mare than
the quantities required, and give five (5) calendar days minimum notice prior to nursery visit.
III.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) 217-1521.
IVYLANTING SOIL:
Provide planting soil which contents 'include:
50%Q Muck
50% Coarse Silica Sand
Or as indicated in [lie Landscape Plans.
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Invitation for Bid (IF13) 717381.3
V.MULCH: Shall he as indicated in the bid, or Fucalyptus Mulch Grade "A" deiis eyed to the site in sealed and
marked bags., or approved equal.
EXECUTION
A.The Successful Bidder (s) shall notify the City's Project Manager ar designee forty-eight (48) hours in advance,
prior to delivery of plant material.
B.Plant material shall he protected from weather, adequately packed to prevent breakage and drying out during
transit.
C.Plants shall not be planted until the_ have been inspected at receiving site, and accepted by the City's Project
Manager cr designee. Plants which do not meet specifications for quality herein stated, or plants that show improper
handling, or arrive ort sive in an unsatisft;ctary condition, shall be rejected, Rejected plants shall immediately be
removed. disposed of bti the Successful Bidder (s), and approved nursery stock of like variety. size and age shall be
replaced by Successful Bidder (s) without additional compensation.
D.Final acceptance of plant material will be given only after material is planted and after meeting requirements
prescribed herein.
II. GUYING AND STAKING:
A.AII guying and staking shall be indicated in the Specifications.
B.It shall be the Successful Bidders responsioiiiry to prevent plants from falling or being blown over, to straighter
and replace all plants which are damaged. Plants blown over by high winds shall not be cause for additional
expense to the Cit v, and shall be the responsibility of the Successful Bicldei (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 b` 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 ocher 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 be protected upon arrival ar the site by being thoroughly watered and properly maintained until
planted. Plants shall he planted ti� ithin twenty-fattr (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 (lFB) 717381.3
least five (5) days prior to the projected planting date. The stakes shall be Y7 Rebar, at least 18•' in length and
painted -,Oh bright real pains.
D.The existence and location of underground utilities if shown on the plants 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 Biddet' (s) shall be held responsible for any damage to, and for maintenance and protections for existing
utilities and structures.
F.A11 circular pits with vertical sides shall be excavated to sizes and depth as shown in the Specifications (Misc.
17-293-4) and backfilled w hh planting soil. The Successful Bidder (s) shall test fill ail tree/pale} pits with water
before planting to assure proper drainage and that perrolation is available. Pits which are found not to be adequately
draining shall be backfilled with coarse gravel or crushed rock, No allowances will be made for lost plants due to
unproper drainage.
F.Backlill with the specified planting soil mix and inc91'porate a minimum 6 ounces to 9 ounces of Soil Moist
acrylic copolymers evenly sp•rea(i around and adjacent to the roar 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 be set on prepared planting soil backfill brought to a height permitting planting at die same depth
the plants grew in the nursery. Upright plants shall be kept in a vertical position- All plants shall be handled by
earthy bail only. Handling by the plant itself will be caused for rejection of such plants.
H.After placing the plant in the pit. the backfill shall be ��,xered and firmly tampered to ensure backfill mixture in
and aitout all the roots. All backfill mixture shall be such that no plants will settle lower than the depth indicated on
the drawings.
I.Aher filling half way on the earth ball. the burlap shall be loosened and lard back off the lol) of the ball, or if too
bulky, cm away and removed, after which the balance of the pit shall be backfilled and tamped.
j.All plants shall be thoroughly watered at time of planting and kept adequately watered until time of acceptance.
The Successful Bidder (s) shall provide the nieans where water lines are not available.
K. Apply fertilizer to planting beds and satncer 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 theft mulch.
L.Three (3) inches of mulch shall he placed between and around all plant material within twenty-four (24) hours
after any planting. Cor individual plants, the mulch shall lie spread to cover the saucer area. When in place, the
mulch is to be watered thoroughly.
M.Pruning shall be done at the time of planting and with date 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 w'sih
pruned terminal leaders will not be accepted.
N.Durinag the course of plauiing, excess and waste inaterials shall be removed daily. All reasonable precautions
Page 46 of 52
Im itation for Bid (IFB) 717381,3
shall be Nikon to avoid damage to all structures and plants. When planting it) an area that has been completed. the
area ,hall be thorou,ghiy cleaned up.
1V. MAINTENANCE PRIOR TO INSPECTION FOR ACCEPTANCE:
A. Nlaintenance shall begin ii-anted`€€ately after each plant (I 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 ftrr the first two (2) weeks (fourteen (14)
calendar (lays) 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 forte -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, sprayin;. dusting, xeeding, cultivating, mulching, tightening.
staking. Fertilizing and repairing of braces art(] guys, rep!aceinent of sick or dead plants, resetting plants to proper
grades or upright position and restoration of the planting saucer. and all other care needed for- the planting saucer,
and all oilier care needed for proper growth of the plants.
1. Watering ;All 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 maintecance period and tip 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,Protectioii: 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 plani ng
areas nr adjacent to plants without proper safeguards and protection.
E_Damage resulting from erosion, gullies, washouts or outer 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.Upou completion of all planting, an inspection for acceptance of work wwiil be held. The Successful Bidder (s)
shall notify the Project 1Nlanager or designee for scheduling of the inspection five (5) days prior to the anticipated
inspection (late. 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 it) whole or in substantially acceptance, a written
notice will be given by the Project i'wlanager anchor City Engineer that the guarantee period begins from the (late of
the inspection.
Page 47 of 52
Invitation for Bid (IFB) 717381.3
C.In 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 nea% plants and shall be planted in the
saint, manner, Said replacements are to be glade within five (5) days of said inspection.
D.Afm, the inspection for acceptance is made and th;, \vnrk is found to be. acceptable, the Successful Bidder (s) shall
continue to hand water alI trees and palms three (3) butes a week for four (4) taeeks.
VI. PLANT GUARANTEE AND REPLACEMENT
A.Guaramm 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 all outside vendor. the Successful Bidder (s) will only be
responsible for the planting. Onlv then, will the plant guarantee not he applicable to the Successful Bidder (s).
B.Replarements: During the guarantee period, there shall he monthly inspections between the Successful Bidder (s)
and the City Project tManage_r or designee to ascertain the viability' of the plant material. Any plant that is missing.
dead or fails to become established due to Successful Bidder's negligence shall be replaced at no cost to the City
within ten (M) clays after the monthly inspection. At the end of the guarantee period. the Successful Bidder (s) shall
notify the City's Project Manager or designee that tlhe project is ready for final inspection. Any plant that is nor alive
or rails to slhovv satisfactory growth or is missing clue to Successful Bidder's negligence will be removed and
replaced at no cost to rhe City. All replacement af,er the final inspection shall carry a six (G) months replacement
guarantee:. Replacements shall be made within tett (10) days after final inspection.
CAlaterials and Operations: All replacements shall be plants of The same kind and size specified in tile Plant
Schedule. Plants shall be furnished and planted as specified with the cost borne by the Successful Bidder (s). Please
refer to tite attached plant schedule.
D.Watering Schedule: Refer to previous Sections.
E.Plaming list and quantities for this project. The prices listed for the Additional Services on Attachment B:
Price Schedule shall be utilized, as directed by the Project Manager or designee when quoting on requested A
dditionai 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 Willi otlhers.
If. PERSONNEL.: Ali planting shall be performed by personnel familiar with planting procedures and under the
Page 48 of 52
Ing €ration for Biel (IFB) 717381.3
supervision of a qualified planing foreman.
I1I. 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 not to disturb or damage anti surface improvements. The
Successful Bidder (s) shall be responsible for any damage to utilities and structures and sliall properly rnaintain the
protection of Sallie.
IV. CLEAN UP:
A. The Successful Bidder (s) at alt times small keep the premises free forni accumulation of waste materials or
rubbish caused by his operations. At the cornpietion of the «ark, Successful Bidder (s) shall rernove 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 to the
Successful Bidder (s),
V. SUBMITTALS: Submit samples of p4 nting soil blanket mix and four (4) samples each of the Certificates of
Compliance, fertilizer analysis tugs. and soul certification. Provide said sribrnittals thirty (30) days after Awarcl of
Contract.
Iv1ATERIALS
1. SOIL BLANKET: As supplied by MORRIS MAGIC SOIL or equal. Soil shall be 40`'!� everglades peat and 60%
Pirie lawn sand rhoroughly mixed. No site misting shall be allowed.
11, COMMERCIAL FERTILIZER, P.lix #2021 (10.5.6) as supplied by ATLANTIC - FLORIDA EAST COAST
FERTILIZER & CHEMICAL, or equal. Fertilizer shall be delivered to site in unopened containers which shall bear
nianufacturer'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:
Page 49 of 52
invitation for Bid (IFB) 717381,3
A. Re placerrwnt sod shall be St. Augustine Grass (Florawrtn) 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 furious, vermin or diseases. Before being cut and lifted, sod shall be
mowmd three (3) times with the final mowing nor more than a week before cutting into uniforn7 dimensions.
Certifications as to type of grass and other requiremews shall be made and submitted ro the City's Project Manager
or designee.
IV. SAND: Provide rlean, 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.
11. 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 grassers and weeds from the areas to be sodded. The Successful
Bidder (s) shall SnuoUth out all areas to establish an even grade for sod planting. All areas small be graded to drain.
B. Successful Bidder (s) shall remove all rock or foreign material one inch or greater in dian Teter and lay two {2)
inches of soil blanket uniformly and thoroughly incorporated into top most four (4) inches of soil,
C. Surface shall he rolled w 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 be regraded and rolled until
presenting a smooth and even finish.
D. Successful Bidder (s) shall call City's Project klanager or designee for ail 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
Page 50 of 52
Invitation for Bid (IFB) 7173$1.3
following sod laving. the iauri areas shall be rolled %%i (I a Iak%n roller customarily used for sucli purposes. and then
tIioroughlv uaIered immediately. During delivery, prior to and during the planting of the Iat%n area, the sots oanels
shall at all tunes be properly proiecied front excessive drying and unnecessary exposure of the roots to [lie sun. All
sod shall be stacked during construction and planting, so as not to be damaged by sweating er excessive heat and
moisture.
G. After sod his been planted and rolled, thoroughly water anti 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 a/z 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 tat avoid damage to all structures and planrs. When sodding in an area has been completed. the area
shall be thoroughly cleaned up.
III. MAINTENANCE PRIOR TO INSPECTION FOR ACCEPTANCE: Niiiintenarice shall begin ittimediately
after sodding is executed and shall continue in accordance with the following requirements;
A. The Successful Bidder (s) shall be lield responsible for maintenance of sodded areas. including watering,
spraying. weeding. ntoEring anti 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 uniEn-ni stand of grass. for
any reason t hilsoever. 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. Iran ' v sod becomes daniaged or injured. it shall be
replaced as directed by the City's Project Manager or designee. No ork shall be clone within or over sodded areas
without proper safeguards and protection.
C. Watering of all tion irrigated sodded areas shall be done front a watering truck, no temporary irrigation heads
will be allowed. All sodded areas are to be watered to provide at least one (1) inch of water per week its bi-weekly
applications. Watering is to continue until inspection for acceptance is made ai:d approved by the City's Project
Manager or designee. All Neatering is to be done in the presence of the City's Project N-lanager or designee.
D, Damage resulting frotu erosion, gullies. washouts or other causes sllall be repaired by filling with lawn sand.
Tamping, refertilizing and resodding by [Ile Successful Bidder (s) sllall be at the expense of [Ile Successful Bidder
(s) if such damage orc urs 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) 7173813
Bidder (s) shall notify [lie City's Proeci Alanager 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 writtett notice
will be given by the City's Project Nlar,ager- or desi4ree to the Successful Bidder- (s) that the guarantee period 'begins
from date of inspection.
C. In case substantial areas of sod are sick]y 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
same 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 Nla€tager 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 tate end of the guara€xee 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.I11.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:
Sec. 18-556. - Definitions.
City means the gove;'nr,7e,-,t of ti -e. City of Varr.i or any aut^orized agents, any board, agency, COrTimission,
department. or outer entity thereof, or any successor thereto.
Contract means any contract to provide services to if e city in vvhich the total value of the contras, exceeds
$100.000.00 per year.
Contractor means any "for profit" individual, business entity: corporation: partnership, limited liability
company, joint venture, or similar business entity which meets the following criteria'.
(1 i The contractor Is paid in whole or ,part from one or more of the city's genera( funds, capital project funds.
special revenue Fundy, or any other funds. includirg, but not lin-fled to, grants, donations. and the like.
whether by coy-apelit,ve bid process, requests fear proposals. or some other form of competitive
solicitat on. negotiation, or agreement, or any other derision, to enter into a contract: and
(2) The contractor is engaged n the business of or part of a contract to provide services for the benefit of
the city. This section shall apply to employees of We contractor 0,i�o spend the majority of their time on
covered City of Miami service contracts. If the contract is for both goods and services it shall only apply
to the services portion of such contract. This section shad not apply to contracts which are pr-mariiy for
the sale or leasing pf goods. Goods are defined in section 18-73 of the City Code.
Covered emt_Ioyee 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 4vithout benefits, that is involved in providing services under
the service contractor's contract with the city.
Cowired employer means the city and any and all service contractors and subcontractors of a service
contractor.
Living wage means a wage that is as de`ir ped in section 18-557 of t,nis Code. The living wage may be adjustad
once annually by an amount equivalent to the cost of living adjustment for M ami -Dade County as published by
the United States Departmert 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 pracuremer't of
services (ur'less the living wage provisions are excluded as provided in section 18-507 herein).
PJpw service contracts means those having contracts competitively solicited and awarded on or after January
1, 2017.
Pane 1
Service contract nneans a contract to prov'idle servicea to the (J: y excljdi,hq. however, prc essiona3 serv'ces
as defined by thy' "Consulitan's Coanpetitmu Negotiation Act" set forth in 1= S. y 237.055 and section 18-87 of the
City Code and or We other exclusions provided by section 18-557 of the Cit j Code.
(Ord. No. 12767, § 2. 4-6-06; Ord, No. 13648, § 2, 11-17-16)
Sec. 1 t3-557. - Living wage.
(a) Living wage paid.
(1 ) New service contractors. Ali rev service contracts shall pay to all its employees who provide covered
services a living wage of no less tl•:an ; 15.00 per hour without heath oenef is, or a wage of no less than
S 13,19 an hog. r with health bc:r,ef -,s as defined in this section unless otherwise excluded pursuant to this
article.
12) Existing service contracts Service contracts awarded and offectivo or competitively solicited prior to
January 1, 2017, shaO not be subiect to the payment of the living +mDgo set forth in this section and shall
=Co+hlUhut:, to be governed by the tams and uonditlons of tike respective solicitation and resulting
contractual documents, when applicable_
,3) The living w'arin provisions shall appy to all contracts covered by this section Unless suecificall`y'
excluded by one or more subsections be ow:
a. The living wage provision is disa:!owed by a federal or state law or regulation, grant requirements,
or Iry a contract the city is access ng by "piggybacking". and :;rhich contract does not inc`ude a living
wage provision.
b. Funcing sources fo, tr:e con`sact cdisa'losv the living,. vage provision or provide contradictory funding
requirennents, or are contained ;n a contract awarded or sciici`ecl prior to the effective date of
January 1. 2017: and which contract includes renewals or exterhsions,
c. Professior ai Service contracts am rded Under the "ConsAtants CompetltNe Negotiation flet". F.S-
g 287,0535, for the professional services w 7thin the scope of the practice of architecture, professional
enc ineernig, landscape architecture, regrstcied surveying. and. -or niappiny:
d. The living wage provision is vva ved 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 iriterestts) of the city to approve such
waiver, in which case the lMng wage provision shall not apply �in the competitive sokcitation
document: or
e. Al responsible wpge constr,Xtion contracts covered by section 13-120 of t"rs Code.
(a) City empioyees. For covered employees of the city, the city wili begin to pay the living wage of, a phase-
in basis over a nine-year period beginnir°g with the 2006-2007 city budget year to be irnpiernented in the
2014-2015 fiscal year. The city manager, in his sole discret'on. without f(.,rther city commission approval.
shall have tike option to consider whether it Is in the city's best interest to complete the phase-ir payment
of living iov`age. to city employees on a four-year period. Thereafter, the living wade to be paid by the city
shall be subiect to negotiations within the coilective bargaining structure.
(b) Health berefits. efirgibiGty period. For a covered employer to comply with this article by choosing to pay the
lo°^ver wage scale available when a cov=ered era-iployer also provides a standard health benefit pian. such
health benefit pian shall consist of a payment of at least $1.61 per hour toward the provision of healtih benefits
for covered employees and their dependents and shall be approved by the city.
If the heaT'i benefit plan of the covered e^hnl7yer requires an initiai period of employme,'lt for a neuw employee
to be eligible for health benefits (the. 'Vigit, ;—od"). a covere' employer may quafify to pay the $13,19 per
hour wag¥e scale for a term not to exceed tare 1 eligibiiity per od. provided the new employee will
0o paid thealm benefits upon Completion of the e; , :, '.� period, which period shail 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 relaased. unless prior to entering any such contract with the city, the service contractor
cer.rf:es to the cily W at it will pay each of its covered employees no less than the living wage. A copy of this
Page 2
cCrtltlf,7tE 111USt be niae availaLle to tiie public uncn regUeSt, The certificate, at a nifrimum, rni,lst include
thO PollcrMu '1g:
(1) The name, address. and phone number of the employer, a contact person, and the specific project for
wr vc:h the service contract is sought'"
(2) The amount of the service contract and the city department the contract w11 serve.
(3) A brief description of ;he protect or seyice provided,
(4) A statement of the Pv@g a levels for all covered employees: and
,5) A ronarr.itrnanit to pay ail covered employees the living wage.
(d) Ol s.'rvcafion of other laws. Every covered e.'rployee shat! 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 laves
(e) Posting. A copy of the living wage rate shall be kept pasted by the service contractor subject to this article,
of the site of the ��vork iii a prominent place +A•here it ci.in easily be seer ancf rear; by the ccverr-d eniployees
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 ary entity
submitting a bid for a subcontract on any service contract subject to this artide.
Pos` ng requirements ,vql not be required where the service contractor subject to this article, prints the
folior� r7g sta.u,nlc:nts on the front of the covered e_ ployee'3 first paycheck and every six ironths thereafter. "You
are required by the City of ;JUami Living Waage Oroinance to be paid a living wage. If you do not believe you are
being paid at the living wade rate, contact your employer, an attorney or the City of Miami." All notices will be
printeed in English, Spanish and Creole.
(f) Collective bargairi;ig 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.
(0)rd. No. 12787: § 2: 4-6-00; Ord. No. 13110, § 2, 10-22-00; Ord. No. 13405. § 2, 9-28-13:
Ord. No. 13048, § 2, 11-17-16)
Sec. 18-558. - lmpiemLri:ation.
(a) X-laintenanc e of payroll records, Each service contractor to which living wage requirements apply, as
des, ibecl in this article, shall r1 intair payroll record for all covered employees aid basic records relating
tiaereto and shA preser, e them for a per-od of three years from the date of terinnaton or expiration of the
service contract The records shall coma'n:
(1) The name and address of tach uivered employee;
(2) The job title and ciasslficat-on,
(3) The number of hours worked each day:
(4) The gross wares earred and deductions made;
(5;1 Annual vy age5 paid;
(6) A copy of the social security returns and evidence of payment thereof,
(r) A record of fringe benefit payments [nd(Aing contributions to approved plans, and
(8) Any other data or informat on the city shall require from time to time.
(b) Ref,-,rtrncg payroll. Every six months the service contractor to which living wage regU rerlents aSppiy as
described in this article. shall file with the ctys procurement director a listing of all covered employees
tDCiet`lef W!}ll a certification of compliance +hiitr this article. tJpoil request from the city, the service Corltr actor
shah produce for inspection and copying its payroll records for any or all of its covered employees for any
Page 3
period covered by the service col-itract Tic city may examine payroll records as needed to ensure
compliance
(Ord, No. 12787, § 2. 4-6-06 -1 Ord. No. 13110. § 2, 10-22-09)
Sec. 18-559. - Compliance and enforcement.
(a) Service contractor to cvcperate The service contractor shad permit city employees. agelts. or
re prese n talives to observe work being performed it, in or on the project or matter for which the service
contractor hFs a contract. The city representatives may examine the books and records of the service
contractor relating to the ernployi-lent and payroV of covered employees and may survey covered employees
to d tt,rmine if the service contractor is in ccmplia, nce with the provisions of this article.
(b'� Cc 171J." lot proved - ind sanctrons. An employfie who believes ti,;at he?sloe is a covered employee of a
service corltrictor rat the service contractor is or was not cornpiying :vitl' the requirements of This arx!e
hes a right to file a :v:Ut the procure-er,t director of the city. Such complaints may be made at ar .y
tiilii' and 5'71l tara tc?r: b":iii:l'1 Cr as;.'i'z't'Ie efiCCl of time by ti c city,�l�f'Itt€n and oral Sicitt l`lu�r t5 by
any such: employee ireated as confident sal acrd s:call not tarp Without the written consent of
the err€pioyce to the ex.::: -ivved by the Florida Statutes.
(c) Private right of action a;;ainal service contractor Any covered employee or farmer' covered employee of a
service contractor may, instead of L)Wizing the city administrative procedure set forth in this article, but not in
addl&on to such procedure, bring an action by filing suit against the service contractor in 8,iy court of
competent jurisdiction to enforce the provisions of this article and may be Pwa,ded back pay. benefits,
attorney's fees, and costs. The applicable s`atute of li€wtations for such a claiim will be two ,years as provided
in F.S. § 95.1 1(4)(c) es may be amended from lime to time for an action for payment of wages. The court
n; iy alar, innpose si,icticans on ti -6 service contractor. including those oersor,s or entities aiding or abetting
the service contractor, to include wage restitut*r to the affected covered employee and damages pAyabie
to tl:e covered employee in the su-i, Of up to 5500.00 for each week the service contractor is four -d to have
vioUed thi= article.
(d) S4inctions agains! s,,.,,,;; nr�tractor�s. For violatioos of this arti6o. the city shall sanction a service contractor
by requOring the sere:_ e, ::sntractor to pay wage restitution at its expense for each affected employee. The
city may also Sanction t -service contractor in at least one of the following additional ways:
{ t) The city tray impose damages in the sum of $500,00 for etich week for each covered empioyee f0urtd
to have not been paid in accordance with this art!cie;
(2) The city may suspend or teriminato payment urder Ule service contract or term'nate the contract with
the service contractor: and:
(:3) fhe city may decfare the service contractor ineligible for future service contracts for three years or until
a'l penalties and restitution have been paid in full. whicheve- is banger. In addition. any empiwfer shall
I ineligible for a ser+rce contra: l *here ;principal officers of si_:ch emptor{er were prtr cipal� officers of a
erwce contractor who has beer decl,ired ineli[ ible under til s article.
(4) If the contract Inas been awarded under the c, -y procurement ordinance: the city may debar or sispend
the contractor as provided ti'erein.
(e) Public record o/sanctions. All such sanctions recommended or imposed shall be a matter of public record.
(f) S lncliiixs for aiding and abetting. The sanctions contained in this article shall also apply to any party or
parties aiding and abetting in any violation of this article.
(g)
Retaliation and discriminaboo barred. A service contractor shall not discharge. reduce the compersation, or
otherwise disianmirale against any covered employee for making a complaint to the city, or otherwise
asserting his or her right: under this articBey. part€cipatin:g in zry of its proceedings or using any civil remedies
to enforce his or her rights '.irder ibis article. Allegal:ons of retalv,,ion Cr d:scritnmation, if found true in a city
administrative proceeding or by a court of comroelent Iurisi iction. shall result in an order of rest-,jt(on a'ld
reins'.atem,(.-�)t of a discharged covered eniployee with back pay to the dale of the violation or such Wirer relief
as cleen,ed appropriate
Pace- 4
(h) RE njuc!r*$ t-,ereia Na reinedy Set forll.?, jr) this arde, 10, : � " I. �•.' CC 74' eXCIIUSIve or a prerequsille
for asserting a daim for relief !c enfame the rigNl und-ee this article or in a couirt olaw. This article shah not
be constr--jedl to limit a;l employee's r'ght to bring q com-mon lav-,, causia of action for wrongful ternim.3t.on
(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 hv, nq %A;age retAljremients of t-ils artif:Je on or after January 11 2017
on any eni ployer as a wndjton of that employer receiving a direct tax anjm-p file n t oc subsidy from the city
(Ord. No. 13648: § 2, 11-17-1b)
Secs. 18-561-18-599. - Reserved.
Page 5
€L•,'. P321. US l i. F3f it XIF ?.t„€N TI:NAW.r
A �CHimt-�T P., PE'rfS i; PRdcE SCHEDULE i12-6-171
__e U5 1 L NDSCAPE f:'Ai€'•!TEPIANCIF :
......... ......... ......_.
LirIN I 1. tier,
„lr:r,'-
rel r.o,t
i
I mowing and Edging hll-Ir ckl 'vas {} r foo iuirTlShnig,, all la ior, equlpnte{lt, and,
_
als rlueiu,imilv for I'aow'nh• ede lig, ti av ring herigps tt Il'e-ning hiaorli .:s
- a itln. S'.V pi , d'ld pl, knie up all gra i dippirg3, alio b.iks mthin, aric!
E
�T la d.capt d n d .:n a rag US i between Sled 37th Aaf'!%ii , and I -5S, l
s'f#p land IJtdt d € :. rt lr)HI€ astlS curb, of 4he l S 't Hbrthhoul"i
!
i
I
I
1 Uut5lllt lvl.' t)Ctt1 -n `dig , a ;.. .. ' i91.1' Ae1'.ut'and mi,aull it ilftg thf! ! :15
efilbankment,, •ind S.R. 9; ... _' ,a. .a,.,�., �' fi crn 5'th4 281,h i.a ni to S01 R,, i Street
i
right of•,vay. Lit+ r ret o. luif Sara pl.wtb, ' i .1'.If,.Jhlmted
righl-of-way ar-ms AA! b_� prior tri each mc'ry r• ; opei ation ors the
>ame day
I
26 tart):; pe, year
.S
Pruning and Thinning of Tr ees/Palms Aikivdiise price or furnishing all
i x. egmt;mens rid ma;a Harp tr f }r pr ining and thinning of trees.
,}alms, p :ants, anti the in:t ai thinning and shaping of existing trees as rioted in
I
these ;porificat ovll within and ort lle I ind"Capp medrars of Lis -1 het+ner l
L
h 3'ltll avenue and 195. 95-3A ) stl Ip o1 laird located betv�etn the will and
curb, of the US -1 northbol,-nd clltsid;2 len.! betvseeri 11imayn and SW lath
.Awenuu, the 1-95 enabankill,n;s, and 5.R. 9i S4tJ 27 rAsenue fl crt SW 28th Lane
Annuacy (1 tl:m!a
o SI1 Sth Srrove riuht-of-way _
per year
5
Weediog of Plant;ng [reds: rA!I-i+ I; r;ri(;e for fornhhirg afl labor,
i€ a vVepding of ran =tirr; ;)e° , a, not --d
,
n trai;m sp,,;:fi i.', lard,raped medialis on the US -1
3
IXAIVe�In SIN 37'11 ;' 1e':.., af';l s- ;_, .t'td a strip of lard lova Lad 6.opvt ern the
well and curl) of the LIS -1 nortlH):)und csutAe lane bet,ueen Vita to and SW
19tn fAVenue, and d -e 1-95 ei-lba nkfnerlt,, and S.R, WSW 27 Avenue frow 28ti
i
Lane to Silt/ 8th Strt Lt rid i -Er Way.
}
S
Mulching; All-in:III:;IVe price for hurnljhiiia all laboi, equipment, and ItlaterWs
necessary In install 3 inchas of Spomish; Gold mufch of EuealyptuS much
around etch tr'Fe, palm, and planting bed as noted in these specifications
d
1within. anti on the lantixaped median.; on ifs i t:,..4eenSL{: 37th Avnrue and
11-95. a str'ry of land located belxeen tl-e wat! .t _.:Ib of the US-! northbound
!
joulAk., hie hutxetni Vizc ya and SvV 19th A', r., I-95 embankments,
Every Two
S.R. 91iT*r 27th Avenua frmi 541 28th Lane ..s WJ Sth Street ri ht of way.
Month,, rE t mles
}Iamd
j
per JCaI'j
�? -
Clean dUp and Litter Removals All inclusive price fcr fr:rni:;h!n{ 3!I laocir,
Iequipment. and materia=:s nese: ,ary to clean up, 12rrovE litter, and paop:7rly
iii.;po5c, +)f the litter removed a, noted in theca Specifications, within and ora
:he landscaped medians on .J5-1 between SHf 37th Avef7ue and 1-95, a strip of
€a;id located t)ctxeen the wall and cur') of US -1 narthbound outside lane
)etween vilcatfa and SVV 190 :Avenue', the 1-95 embailk ments, and S.R. 9;SW
27 Avenue from Shia 28th Larsi ;=d SIN S 5tfeet right-of-way.
25 tiTneS p �r year
a Il :
Contingency Allowance (Add;tiopal 5ervfm)far the duration of the comrar-;.
No Bid ltcmi
11;sJ,^a'3
Total Biel (Lines 1-6)
S
ADDITIONAL SERV;CES. In :addition to the required services, the Citi may o:a an •`a5 ne,,&-C basis req:i€re thin Sucressfui
s3idd2r- iu pwi'`os rl the bOew Servtce,.:krhen Yellt++lreh. the Project Marv,:: -'r or dEsignee will regtl-?St. a gmote based en peck -);
a
prr,vi ded IL)rtiw idditirx.il Sel vies. y
allon Shrub-, -urrush .111 necessary labor, rniaterials. water. fuel, idols, and
equiptmont for performing the planting of 1 gallon shrubs. Water and ferlPi2e
7
accordingl'i. Planting shall be coordin.iterl with the Ciry Eng!aieer and Projcc'
mage and nr) additicna€ : coripensatiotl will be 3%Ctvf'd.
' V�FM,
IL
L.�FII
j
IF3i 17331, Li-, I L, A Nj'I*,SCAPE I E
wo 43
t) ,Lr Pu
Q'I a n -1 '.E!V1 C",t
3
,q vi i m! 11 z for p -ii fi :Ilk! l);,; r i,41;_ran#fariiliat
8
P1.inlj,i,,- sIijil be C)(,'l j! rjty ani prulect
arid ^t` ad-dition.,il lii.jrss it :0;)1m!d
ka(h
S111co S'I!ubs, For illAl all lal),*i, motowil, :.ii i iool.S' and
fLkr p9lTOripwg i plamirT of 7 ypAo 7hi and feri
1
9
acccrdingr, PI-joiling -,hall be cewidmiled with tho i Engillk:-.!f and Pli
an'd Ito .3ddlirianal c3llpvIt,.1i -Mil Oe aHr*qd-
Each
Ftvnj,.h all nock, ,my labor, mater als, %oi ftiol, coni i, and orlo'nTient for
10
rkerfo!'Mirki-k zi phiiting uF Pink Claw Nlyri -Largerstronrf;ra iridian
31) gal.
DDI
j S
I'virnish -aO rinre5iafy fabor, material,, vttLi. fuel, tools, iod equipment for
11
perk)!min, the :p1anting of Florido M,01 i - R.),immea elati Field, Grown
1()r_ 22' GIN
Each
'jrnisii all nece,svy labor, maroriais, wa t r, brel, tools, and equipirnent for
12
performlnth,� plini of tive Cr.)r Qijt-cvs virgrliarla- 4"Di CTj2k)'-
2 2, H r/ 12'S P R,
Each
$
rul Ili 'h 0 ric c e is'l ry ia tx - tu na I i, wate:, fu 1? 1, 11 and equipment i
13
1) er Gn r 111 i 1'. g ! h L p i'l 11 " i 11" C." 1 n d iJ! i N? -3 of,,,; n y - S,,,., I o te ii ia ma N g c i i I
I I, keld Gro!,viii"FL111, IS'-22'1FIT_3'_1(' 'Si
FLri ilf nc.cussmy al. -Pr, rnateri>ils. fk:,Il, v)oI.-'. and equipment for
14
peki the i c'lFsilver alid tl'� - '-VTOi e'e'llus
5'-'l iced, - 3h pi. M:n 2" Di
E3.z:b
Furwsha!l neves Ir/ and equip mert for
is
p,.,rl'ormirrg die plint:ng.,316reerl Lite -r-Onoc.irps 1,.'OAJJ
Field Grown.
Fuf r ish all nees. a i y labor, maws m i via t,2,, ft;01, tOls, and e q Uili t for
16
Ile r forriiiii ig the pla n ting of Add(;nidia 11 m. C,' Singl'! h ILI rik - 1 M gill.
Each
Forvish ;ill nlnc5.;-ary lobormaterials , viatcti fuel, tools, arid equipment for
17
IpLArfoi
ming, the plooli OfPy. iny date-, pnk-n. MIJW IGIV, - .15 pal.
Each
burnish all ir-Lcps�,arV labor, niali mratei fuel, tools, and equipmeW for
13
the plantirl. of latirnplia Tree Form, Jalaq)h-i berland'er;,�Sgal.
Each
5
Fumsh III ilucvwily labormazei mtter. hipl, tn,)15, and equ#-i-ient for
peiforming the planting buh -25 gal. Cr' F -,T 'wi heivy
Each
i a 111 ei,,i i -Y labor, m I Lei i I is, water, rue 1. 1 and eq uiwnent f3r
10
inerforming the planting of NILdiwl Date, palm - 9,)re
HT
Furn4h Ill necessary laiwji niateriali, watcr. 4tel, tools, and eqLAPIllent f.:w
21
perfortni._ tl.e pl, J.'Ji of Bif(l of pr -.,,1,4 'ht
Each
Fkirnish -i:! n--es;iiry labor, ,Later, TiLlf, 100k, arid eq -),pm -ant for,
22
Ifoi mif!g O -e plinting of Fci�tail P�)[m - 10 C , wiFfi S'ht�
, pq o
i
rUl'lli,',h Ill 0'CCSSlry L31)01F, Ws it„r, fLiel, tools, and equipment for
23
tare planting of Aie,lawfLy pall!j- 14' OAH Sir-gle trullp. - 301gal.
Each
Ftjfni5!i 311 necessary labor, materials, writer, fuel, tcok, and equipment for
211
performing the planting of Pitch App!e- Stniridard 12-14' PIT/6 8' SPR/3" CAL
Each
S
Furnish all ne, esz.Ily lac'x, fl�at_-riaF,, war':', fuel, ti and equip: -lent for
25
perforrii the pianting or Gui Limbo- 14-16' 1 Si 'FiM
F.) c ri
l'urni.ili all labor, rnateria,, wa-,RT, hies. tocl. and equipm-nit for
26
pe rfo rill i I,..[ 1%N2 plaiting 0 f Pigcl.'rl P I iii n -3 it a rk ". i rd 12'-1,V 14 G' 5 p qfj ' CAL.
E3 --h
li
aij i rlaieiilh, k.ei, ?r�01- Alld NqW111111011t fOr
27
peri the ;)i'wl int, Y Pwk Tiunlp(ll - abetniia herurci - 16'
Each
IFB?17381. US -i t.hi1 ;C:}.FE i;lA!NTLN.NCE
I imr_ Nc.
1
lclnliCf vll nete> try lb�ll, mat_•ial. ,.3tr- � f , .I t -tel, ar r. �;:pupr,arel,t fur'
j
23
;) fol ,In„ the rl.vti,tg ••`'/, Idrr.,'r4 P,r1 ' T- tbf:Li it rariia a - 15" C,AH,
I
i
. f'i FIN d'.'UvVr,.
Each I :i -
•M
yrl lgl 16 oKIrj I1}ii r 5 9t t'{I i-,?`, fUI l tO01;, AN' .-1 ilnnii It for t'-
..
-
29
pe, r,r{ 1',;t' :he 011 .,, g 7f '11 .' .lP ri, r rel .i - P f&o, pvm_—i -45 gni . Min 7_
iEach
S j
ail lr cri:3 lI1 lab+,:, Il{ i s ,tcf. fuel tool',. and equipment �Ur
37
'p.rrfow; int the p4int,ng of Bi, ,v=,: s. ' i:,r .83 smardkia mobilia, Iilvef"- 20'
CAH
Each
$
Furnkh all y la xr I 1 , a l r fur)!, tools. ,and equ linen[ for
3
perfarn t r;; luta ptantiog rJ will t.;e PaIn.1- Sabal palmetto -- 100 rial. Min 2"
3a1 1.
Eac?t
Ili oish MI Iwcow—1 ry I,ilinf, matevA , waw- r.'up% toc,ls, and eq{,itt'nenr for
32
j�F
`7�f forming the phittin ('i' Vica,th: f Pain, - Pz,,,chospeimj n C3(l •, -'-GO
VY
St. AUg Stili? fa I'3:iS J:7 In:M,1111) - 25400 541UJI e? tvf)t r;iiia i'(W ft,i'rsi, h0i; all'„ti;or,
•
33
11at.rria! and •,quipwen:-itec"s ,w r to lust SEI vd .whet for ci � (2) wo _-e4; per
i
intntg s 7c f a nils
25CG 7q. Ft.
S
..
I r ..ting, s:..kl,:, ind brace , P l!;,,, r t',np A trees nd p�rrsts ;fall:n by tra*fic
accidents. h;h in,ls, or ill.he+ fcro4,f-furriisfliltg al[ labor, rnatcria:s and
34
eillrlpnie;it necessary to ere, '. s:aYe 'nd brace any exi-Ain., tree/ palm
;in<luding digg"rr.}; teratl',rn- iie, f{ls rg tfic, area v%.;th treated plaait ng; ;o 1,
bracing ;Tr?P L'litil -I x -_' .-. '-:.t=.:� ._ .. _ .: `.iy Lrty. (0' - 15' fyiecill
I1Lig;ht}.
rect%l? StIl;Ira lid ' if- f llfe - ¢ ..;id pair-, ( ]Itc. i 'it'
Each
$
acem'ent,, high vvi lois. x vthr.l fu L: tll l0b0l, mater al, and
35
e, ii;o:7JentIwce5'IV '. _ si`i��tree; palm
p,riCludi tg ('Ig :ina Ur i !Ii tre,irvd p? tntirta ir)ii,
bracing ti m, 4vitfl 4"x ,tic ted UV Ci'/ (15, -40 cver,111
j
heigflti _ _
Each
$
FrQctingr,, ilakim, inn b',al_tng IhOeli i':Y. ifili t'w'ee_: tin(i l;,113115 (faili'li by traffic
i
Kr .(fd,im flig':h 4L'ind , of 0-1'L'f ferze'.,$) - fur:ti'ihir lit labra:, maulrial, ;I:5d
? PUIpP1' nL 11IMP5 1! y tO e= ect stilke trld bi L;c,, illy e%IStin, tivt',1 palm
(ir,c'It::hi%v difgrn underneath t Eti, f.IPu,g the area -with .reacpd planting; soil,
j
hracivg trec wNt A.t 4- wood uuatds, as dlraeted by Cit';. i41' - 6.0` overall
ftei(?htl
Each
$
:,-unip, Porn-,vaLFww,h all !X)Or, niateriraisd'id eq,i )-Wilt r{eLe�iar'y to
1
remove, haul !n dump �ir� rind dkpose of tre-2jpahr stt,ntp:r, including; root
balis, iir':!si1 gmdmg. ;w.) size at various lacatioii5 if net.>SarJ and a>dtrected
b}r the City Project P ,:n <rr or dt ,ign{.,e.
Etch
--Y
a
Nluirhing: Ftwi.; ,h all labor, dcjuiprnrnt, and mateiia15 noce,sai'{ to in.t&l 3” of
4r? i h Gold niuli It zr 11 ^n each -,v.. pal n>, and plindi,g beds as noted in
C:p %P -a Ffi.akons lsithw 7 ill mi the iardcapcd ni.'tllans on 11S-1 Uetween
IS
a•A• 37th Av,!f`Frr_' and 1-9;. a :'.rip of lartrf It,-:vi:':l CE' w,-vn thri wal! acid curb.
t'.`jl tr bUilr C' L1_-1 t]t':1i 131'5 `,::"iwe l-95, lbe 1-95 Lmb nlrmerlli.
-
afld S.P. 9/SW 27 a7VN11Ue fi'Urri S'fJ 23th La nP_ to SW 301 Streit right-of-wly.
This work is e'.ery 6 months.
L•ach
S
Water Truck' FUrr:,,h all fabor rnaterio!,. and ecguipmont nece:;suv to provide
Water for tile entire 1011403 If thl� ,,t:rdian (15, 278 ft.j, the .wall portion f1.2GO
39
ft.) , t1w, !-95 enibdolcinents ; 49.760 wj. ft.), and S.R. 9;Su'1 27 Avenue from
SY; 28th Lane to 5ry 80, Street right-of-way, As necessary and as direc em by
the City.
�acli
S
'Fop Sail: Furni'_h =:i labor, material al,d equipment r.ect s i,; to install (501
40
c ibic yards, f fei:ili_ed top soil 1,50150), as netrssa:; and as _17:-cted by the
City, I
Ea Ji
$
IF -0717331, US -1 I..',N10CAPE MAINIVIAN:_'E
N- o
lletiif:eApt,'Lrxovo� fclr P,orf. Pllrtlng bed'... 1"0 S: r,+!;,;. For
equim"Iecl '111"1 0112. ferhIi, .1Ill
And castit'll f,Ltiod-2 appiwY;Oil 0� all turf, rAWtill." bl-d-,. and Shl'A', 1-,
v INf! In r a i~~ w,26fIC,1tlCx , wiliC lild ')fl OW 'dJ_-,Apt'd -11L-'.li Ir.m, :3 1
bi_ I we'n SN IN! Av!llue and 1-96, a st-ii, if TInd I (4 th. rVill
and curb rt the U5-1 1101thb-OLdid outside lont., 1),-twei:,1 ViZC,,Iy,l anc YN 19th
Averm:v, oclqhbound US -1 betl.w..-m SOV 1Th Avpr7LIC,, the' -Q15
and S.H. %'SAl 21 Aveoue Fionn SW 7-Svi Lave '0 5%.,; 8',n Strccr igk a,
11 and as directed hv :Slit Cirlo
'-per Sq k.
iliz-ition ano Pe,Cdde Applic.illcmfor Treeand Palrv,: Furnish all. 1,11m,
— - - - - - -------------
........ ....... .
P-quipw.fit and irat,mal,, klL. t,cary for the and chemical pf-stic,de
applit.xlicill of all ti -es wd PY!11. .1 , nr,,!VT1 in the r1 -l" within and
zil the land;caped wedian.; on 05- I - ) J 1-95, a strap
42
of 1,vid locled between the wall ;trw u A n �. :1. �1,1 )is-sid(.
],int! butween 'riicaya and SW 19t�7 tht? 1wd SA
9/1W.; nup ft wil S"A, 2'zttl L.1 74 to 5:,:,RNI St . Oct
Iece-, ani -I, 'fir L•r the Cl ty
S
'Urn€ 11klt_, ITLINri* JI!Id eoJiPfIllelit :'IE!C0aMFV [Of the f.[aWflIg of d
;11,lde t e Gr--vviv'5t.ir,d.trd/:1 ' EGH,116- 1376-9' SPRIS"Mi including
Ie nova! of S"111" P. 01,1 -ting I r1f:w one ^;f Saint, "13QCies, mulching. and
43
WMV019 FOr -, M10 ( 1) ';I.M,t' Pi'110-1, U10 entire iengh of the me6an di
locations approved by -Lity Engh ii_,ei ,i nd/oi Prniect Pvlonagel QWy.
Each
Furnish .1i1 13bof. ia';i -Ind Rf-17: far tilt' PlAnti 'F of a
5111du tics (11,00 gal) includin�!, rf.. wrllp, pl3titing a new one of sail
44
iporiF,;, muldlinc, and vxxriflg fcr I ., period, along the entire length
of the mediall It QCMa Dns appro-ed by C:r ;. ',-Tiginper and/or Project Marlagwr
only
Fur Ili.;A all labor. mater:als anJ e.,;u;p rent I- :cod ,,uy f,_l; tilt, pltitar; of, a palm
GICIwo"Min. 10, OW/riallod and 8,r andjor ill- N'
CT) ificludil-3 I't:rnolval 01' Aurnp, plan ling a i)-uA orit? of >ame spec;en, friviching,
4r
and %vateing for a one (I) year penod, along the ertirrl !e-igth of the r,,eAlii
11
ar loc.jtio(ts appfcved by City Engfiwe., andix Pr;-,)jvc., Nlarvger only.
-,I,,
Each
t(' is r1,en r n'fir.p of a pint
tree Pr pli 'Ouding reff'rov.-A of biumpr plin+mg a new one of same 5peci,5,
4b
mulching,, and w--V,7r!n1g fix a one [1) year perioct alorg the entire fielligill of
the mudan at lncafloni ipprowd by City Ent ine..er and/or P?ojie„ Manager
only.
Each
S
47
tnlstaInien of 150 linear feat of roc, hwrvw pof Pe%i E,aIlmm 1,11 33
Linear foot
5
Furlij;h all 111"al , mwofia!S and equixTisot fi?cesaary `oi removing a deceased
•ld
or dawaged shade trees (0' - !.5' ovoiail f,, lig'ir induffilig (;fyioval of stump,
)I'd roots 31W, restoration 0; the area
Fa r, 1)
Furnl:,n ill iabx, ivatqr'rj!s and e1JUilJWQIl' nit 21-11y '09 ! CfnO';ii1- a dOEW.1 _,C -d
49
or darr*,-pd shade T!es FI!Y - 40' overaii height) including removal 071 STLAI)p
I
(ruiik, iticl,incl � Stof,ltioll of tile artm.
Each
Furnish all labor, maleriak ard equipme"t necessary for removing I decc,.IsLd
so
ur dama. ec ,haew (41' - 60' overall height) including removal of stump,
trunk, C:"c 1-J mot.; a= :i ie5(OrjLJ.7,n of the jt,_m.
Each 15
FuiliiSh all la l i,-niatei!AL mid equipmerir nvcc!...,.,iiy fog rim -loving -,I fo-ralxd
51
ar darriapiccl ImIni 0 - 15' heig,,; including renloval of sunup, Lrun.N,
u-owrr arid rows and restofirinn of the
Pact)
Fur niiii alt labo; . Ilim,,2r ;Vi and eq;ipmem ;% 05 0 ig a d.:?rf
I cc. �ary f r rerniovi; eceis
52
or clamaSred PAll 11T 40' OVI21'111 hPiVhO including removal of Stull p. trunk,
CIL(,
'MJ and runt; and mn,tonition of tho imi.
IFVY17331, U, I IAN >CAPLNIA,NrMANCE
Quo
`,;I
5's
o.f jruIII l), tRl11 ,
I.Ann PI
fFB717381. US -1 Landscape Maintenance
Attachment G — Subcontractors
Name of Subcontractor
Approximate
Percentage of
Work to be
performed
Certification/License Description of Work
No. (if applicable)
l
i
I
I
Notes:
1. The Work performed by Subcontractors listed cannot be more than ten percent (10%) 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 writter, 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:
I
Contact Phone Number:
Contact E-mail (if appkcahle):
Date of Contract:
Section 2, 2.8
Past Performance Reference Check #2
Company/Organization Name:
Address:
Contact Persor:
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:
Sunday
Monday
TLje,;
Wednesday
Tnufsday F� iday Saturday
i.
2
Complete Landscape
Complete Landscape
Maintenance
Maintenance
7
9
Litter Control
Litter Control
a
2 G
Complete Landscape
Complete Landscape
Maintenance
Maintenance
12
23
Litter Cartrol
Litter Control
28
-2
30
Sunday Mond<w Tuiesdav ',,Aj e (4, 11 f.- 5d a Th ),--,Cjay
Friday Sahirday
3
0
IN
115
Complete Landscapp Complete Landscape
Maintenance Maintenance
1.5 17
Litter Control Litter Control
20 21 2:2. 21 24
Complete Landscape Complete Landscape
Maintenance Maintenance
26 ?
L itte r C ont rol Litter Control
SUndav
4
11.
a5
Tu,-sd.;iy ',A'Edriesday
Complete Landscape Complete Landscape
Maintenance Maintenance
7
Litter Control Litter Control
3.4
Complete Landscape Complete Landscape
Maintenance Maintenance
19
Litter Control LRkter (Iontrol
-26 27 M
T h;. j r s f.J a F1 1day Saturday
2-1. 2r
ATTACHMENT F, SAMPLE. PEPFORMANCE BOND FORM
FORM OF PERFORMANCE BOND (Page 1 of 2)
BY THIS BOND, we .. as Principal, hereinafter called Contractcr 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 bend 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 provisicn 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 times and in the manner
prescribed in the Contract: and
2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that City sustains as a result of default by Contractor under the Contract;
and
3. Performs the guarantee of all Work and materials furnished under the Contract for the time
specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE
AND EFFECT.
4. Whenever Contractor shall be, and declared by City to be, in default under the Co,itract,
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 underthe 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)
(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 otherdamages identified, and forthe purposes ofthis Bond are hereafter
referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Pays City all losses, liquidated damages. expenses, costs and attorney's fees including
appellate proceedings, that City sustains because of default by Contractor under the Contract;
and
2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1? for all
labor, materials and supplies used directly or indirectly by Contractor in the performance of the
Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL
REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING
CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with Contractor and who has not
received payment for its labor, materials, or supplies shall, within forty-five (45)
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 Sectior
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 C^ntract
or the changes does not affect the Surety's obligation under this Bond.
Signed and sealed this day of , 2017.
CONTRACTOR:
(Secretary)
By:
(Signature)
(CORPORATE SEAL)
(Print Name and Title)
IN THE PRESENCE OF: INSURANCE COMPANY:
(Agent and Attorney -in -Fact)
Address:
(Street)
(City/State/Zip Code)
Telephone No.: