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HomeMy WebLinkAboutInvitation for BidCity of Miami Invitation for Bid (IFB) Procurement Department IFBNumber: Title: Issue Date/Time: IFBClosing Date/Time: Pre-Bid/Pre-Proposal Conference: Pre-Bid/Pre-Proposal Date/Time: Pre-Bid/Pre-Proposal Location: Deadline for Request for Clarification: Contracting Officer: Hard Copy Submittal Location: Contracting Officer E -Mail Address: Contracting Officer Facsimile: Miami Riverside Center 444 SW 2nd Avenue, 61h Floor Miami. Florida 33130 Web Site Address: www,;;rrp,,a,rrp,igi.v.gx: rn/{zre,:r,y;,;a,rc,rr ,n,4 685385,2 Invitation for Bid for Biscayne Boulevard Landscaping Maintenance, M-0039 14 -JUN -2017 21 -JUN -2017 @ 15:00:00 Voluntary June 1, 2017 @ 10:00 a.m. City of Miami MRC 6th Floor Large Conference Room, 444 SW 2nd Ave, Miami FL 33130 June 13, 2017 @ 5:00 PM Hansen, Anthony City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US amhansen@miamigov.com (305)400-5237 Page 1 of 52 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: ADDRESS: PHONE: EMAIL: SIGNED BY: TITLE: FAX: CELL(Optional): DATE: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Page 2 of 52 Certifications Legal Name of Finn: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami -Dade County, or Other FEI/EIN No.: Occupational / Business License Number: Occupational / Business License Issuing Agency: Occupational / Business License Expiration Date: Will Subcontractor(s) be used? (Yes or No) If yes, provide Subcontractor(s) information on Attachment C - Supplement to Bid. The Work performed by all Subcontractors listed cannot be more than ten percent (10%) of the total Work for this Contract. Please list and acknowledge all addendum / addenda received. List the addendum / addenda number and date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum / addenda was / were issued, please insert N/A. If Bidder has a Local Office, as defined under Chapter 18 / Articlle III, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office Certification" form located in the Header / Attachments Section of this solicitation? (Yes or No) Reference No. 1: Name of Company / Agency for which Bidder is currently providing the services / goods as described in this solicitation, or has provided such services / goods in the past: Page 3 of 52 Reference No. 1: Address, City, State, and Zip for above reference company / agency listed: Reference No. 1: Name of Contact Person and Telephone Number for above reference no. 1 Reference No. 1: Date of Contract or Sale for above reference no. 1 Reference No. 2: Name of Company / Agency for which Bidder is currently providing the services / goods as described in this solicitation, or has provided such services / goods in the past: Reference No. 2: Address, City, State, and Zip for above reference company / agency listed: Reference No. 2: Name of Contact Person and Telephone Number for above reference no. 2 Reference No. 2: Date of Contract or Sale for above reference no. 2 Reference No. 3: Name of Company / Agency for which Bidder is currently providing the services / goods as described in this solicitation, or has provided such services / goods in the past: Reference No. 3: Address, City, State, and Zip for above reference company / agency listed: Reference No. 3: Name of Contact Person and Telephone Number for above reference no. 3 Reference No. 3: Date of Contract or Sale for above reference no. 3 Page 4 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 Oracle/iSupplier Sourcing System. Category: 98852-00 Unit of Measure: Dollar Unit Price: $ Number of Units: 1 Total: $ Page 5 of 52 Invitation for Bid (IFB) 685385,2 Table of Contents Termsand Conditions......................................................................................................................................................7 1. General Conditions............................................................................................................................................7 1.1. GENERAL TERMS AND CONDITIONS.............................................................................................7 2. Special Conditions...........................................................................................................................................26 2.1. PURPOSE.............................................................................................................................................26 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION..........................................................................................................26 2.3. PRE-BID CONFERENCE....................................................................................................................26 2.4. TERM OF CONTRACT.......................................................................................................................26 2.5. BIDDERS MINIMUM QUALIFICATIONS.......................................................................................26 2.6. INSURANCE REQUIREMENTS........................................................................................................27 2.7. REFERENCES......................................................................................................................................29 2.8. BID BOND............................................................................................................................................29 2.9. PERFORMANCE BOND AND PAYMENT BOND...........................................................................29 2.10. SUBCONTRACTOR(S).....................................................................................................................30 2.11. METHOD OF AWARD.....................................................................................................................30 2.12. TIE BIDS............................................................................................................................................31 2.13. CONTRACT ADMINISTRATOR.....................................................................................................31 2.14. CITY OF MIAMI LIVING WAGE ORDINANCE...........................................................................32 2.15. METHOD OF PAYMENT.................................................................................................................32 2.16. NON -APPROPRIATION OF FUNDS...............................................................................................32 2.17. PRIMARY CLIENT (FIRST PRIORITY).........................................................................................32 2.18. SUPERVISION...................................................................................................................................33 2.19. QUALITY OF WORK........................................................................................................................33 2.20. COMPLETE PROJECT REQUIRED.................................................................................................33 2.21. RESPONSE TIME..............................................................................................................................33 2.22. USE OF PREMISES...........................................................................................................................33 2.23. PUBLIC CONVENIENCE AND SAFETY.......................................................................................33 2.24. SAFETY MEASURES.......................................................................................................................34 2.25. DAMAGES TO PUBLIC/PRIVATE PROPERTY............................................................................34 2.26. LIQUIDATED DAMAGES................................................................................................................34 2.27. CONDITIONS FOR RENEWAL.......................................................................................................34 2.28. FAILURE TO PERFORM..................................................................................................................35 2.29. TERMINATION.................................................................................................................................35 2.30. ADDITIONS/DELETIONS OF FACILITIES/LOCATIONS/ITEMS/PRODUCTS/SERVICES .....35 2.31. WARRANTY......................................................................................................................................35 2.32. ADDITIONAL TERMS AND CONDITIONS..................................................................................36 3. Specifications..................................................................................................................................................37 3.1. SPECIFICATIONS/SCOPE OF WORK..............................................................................................37 3.2. PLANTING...........................................................................................................................................40 3.3. SODDING.............................................................................................................................................48 3.4. IRRIGATION ........................................................................................................................................50 Page 6 of 52 Invitation for Bid (IFB) 685385,2 Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of twenty-five thousand dollars ($25,000.00) or more. Definition: A Formal Solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami 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 accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation Response shall be considered an offer on the part of the Bidder/Proposer; such offer shall be deemed accepted upon issuance by the City of a purchase order. 1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all Responses or parts of after opening/closing date and request re -issuance on the goods/services described in the Formal Solicitation. In the event of such rejection, the Director of Procurement shall notify all affected Bidders/Proposers and make available a written explanation for the rejection. The City also reserves the right to reject the Response of any Bidder/Proposer who has previously failed to properly perform under the terms and conditions of a Contract, to deliver on time Contracts of a similar nature, and who is not in a position to perform the requirements defined in this Formal Solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in any or all Responses and may, at its discretion, re -issue this Formal Solicitation. 1.4. ADDENDA — It is the Bidder's/Proposer's responsibility to ensure receipt of all Addenda. Addenda are available at the City's website at: http://www.ci.miami.fl.us/procurement 1.5. ALTERNATE RESPONSES WILL NOT BE CONSIDERED. 1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract, each party shall bear their own attorney's fees through and including appellate litigation and any post -judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this Formal Solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for 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 7 of 52 Invitation for Bid (IFB) 685385,2 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not-for-profit or quasi -governmental entity in the State of Florida, may avail itself of this Contract and purchase any and all goods/services, specified herein from the Successful Bidder(s)/Proposer(s) at the Contract price(s) established herein, when permissible by federal, state, and local laws, rules, and regulations. Each Governmental, not-for-profit or quasi -governmental entity which uses this Formal Solicitation and resulting Bid Contract or Agreement will establish its own Contract/Agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the Successful Bidder(s)/Proposer(s). 1.10. AWARD OF CONTRACT: A. The Formal Solicitation, Bidder's/Proposer's Response, any Addenda issued, and the purchase order shall constitute the entire Contract, unless modified in accordance with any ensuing Contract/Agreement, Amendment or Addenda. B. The award of a Contract where there are Tie Bids will be decided by the Director of Procurement or designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award of this Contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Department of Procurement, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the next lowest responsive, responsible Bidder or Proposer most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its Bid/Proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's/Proposer's default. D. The term of the Contract shall be specified in one (1) of three (3) documents which shall be issued to the Successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or Contract award sheet. E. The City reserves the right to automatically extend this Contract for up to one hundred twenty (120) calendar days beyond the stated Contract term in order to provide City departments with continual service and supplies while a new Contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder/Proposer, in writing, of its intent to extend the Contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) calendar day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual Agreement of such extensions. F. Where the Contract involves a single shipment of goods to the City, the Contract term shall conclude upon completion of the expressed or implied warranty periods. G. The City reserves the right to award the Contract on a split -order, lump sum or individual -item basis, or such combination as shall best serve the interests of the City unless otherwise specified. H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the City's best interests. Such Agreement will be furnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. 1.11. BID BOND / BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount Bid is Page 8 of 52 Invitation for Bid (IFB) 685385,2 required from all Bidders/Proposers, if so indicated under the Special Conditions. This check or bond guarantees that a Bidder/Proposer will accept the order or Contract/Agreement, as Bid/Proposal, if it is awarded to Bidder/Proposer. Bidder/Proposer shall forfeit Bid deposit to the City should City award Contract/Agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to Unsuccessful Bidders/Proposers within ten (10) calendar days after the award and Successful Bidder's/Proposer's acceptance of award. If sixty (60) calendar days have passed after the date of the Formal Solicitation closing date, and no Contract has been awarded, all Bid deposits will be returned on demand. 1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and submitted accordingly. 1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all Responses maybe rejected. 1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or Bidder/Proposer catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When Bidding/Proposing an approved equal, Bidders/Proposers will submit, with their Response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) Bid/Proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the City. Such samples are to be furnished after Formal Solicitation opening/closing only upon request of the City. If samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. 1.15. CANCELLATION - The City reserves the right to cancel all Formal Solicitations before it's opening/closing. In the event of Bid/Proposal cancellation, the Director of Procurement shall notify all prospective Bidders/Proposers and make available a written explanation for the cancellation. 1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the Contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any Contractor. If Contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder/Proposer/Consultant, any Subcontractor/sub-consultant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION—Bidder/Proposer, by submitting a Response, certifies that its Response is made without previous understanding, Agreement or connection either with any person, firm or corporation submitting a Response for the same items/services or with the City of Miami's Department of Procurement or initiating department. The Bidder/Proposer certifies that its Response is fair, without control, collusion, fraud or other illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the City reserves the right to reject any and all Bids/Responses where collusion may have occurred. Page 9 of 52 Invitation for Bid (IFB) 685385,2 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that Contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but not limited to: A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3) (A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. E. Uniform Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. I. City Procurement Ordinance City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611; 61. K. Cone of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment. Lack of knowledge by the Bidder/Proposer will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of Contract(s). Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than two hundred thousand dollars ($200,000.00). The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (Bids) between, among others: Potential vendors, service providers, Bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff, the Mayor, City Commissioners, or their respective staffs and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications: Oral communications with the City Procurement Staff, provided the communication is limited strictly to matters of process or procedure already contained in the Formal Solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site 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 2.2 of the Special Conditions); or communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Procurement Staff. Page 10 of 52 Invitation for Bid (IFB) 685385,2 Proposers or Bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk, which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk. In addition to any other penalties provided by law, violation of the Cone of Silence by any Proposer or Bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Ethics Commission. Proposers or Bidders should reference Section 18-74 of the City of Miami Code for further clarification. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at 305-250-5360, to obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm. A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not available to members of the general public and gained by reason of his/her/its position, except for information relating exclusively to governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person or business entity. B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the City or any person or agency acting for the City, and has not appeared in representation of any third party before any board, commission or agency of the City within the past two (2) years. Bidder/Proposer further warrants that he/she/it is not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the Commission; (ii) the Mayor; (iii) any City employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission 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 hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the Bidder(s)/Proposer(s). 1.25. DEBARMENT AND SUSPENSIONS (See 18-107) Page 11 of 52 Invitation for Bid (IFB) 685385,2 A. Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the City Attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of City Contracts. The debarment shall be for a period of not fewer than three (3) years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of City Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar and suspend Contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the City Attorney, and the City Commission. B. Causes for debarment or suspension. Causes for debarment or suspension include the following: (1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. (3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of non -responsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (5) Debarment or suspension of the Contractual Party by any federal, state or other governmental entity. (6) False certification pursuant to paragraph (c) below. (7) Found in violation of a zoning ordinance or any other City ordinance or regulation and for which the violation remains noncompliant. (8) Found in violation of a zoning ordinance or any other City ordinance or regulation and for which a civil penalty or fine is due and owing to the City. (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing City Contracts. C. Certification. All Contracts for goods and services, sales, and leases by the City shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). D. Debarment and suspension decisions. Subject to the provisions of paragraph (A), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a Response on a Contract to provide goods or services to a public entity, may not submit a Response on a Contract with a public entity for the construction or repair of a public building or public work, may not submit Response on leases of real property to a public entity, may not award or perform work as a Contractor, supplier, Subcontractor, or consultant under Contract with any public entity, and may not transact business with any public entity. 1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the Successful Bidder/Proposer to accept the award, to furnish required documents, and/or to fulfill any portion of this Contract within the time stipulated. Page 12 of 52 Invitation for Bid (IFB) 685385,2 Upon default by the Successful Bidder/Proposer to meet any terms of this Agreement, the City will notify the Bidder/Proposer of the default and will provide the Contractor three (3) calendar days (weekends and holidays excluded) to remedy the default. Failure on the Contractor's part to correct the default within the required three (3) calendar days shall result in the Contract being terminated and upon the City notifying in writing the Contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time required or failing to use the Subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the Successful Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this Contract. 1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" Response is one which follows the requirements of the Formal Solicitation, includes all documentation, is submitted in the format outlined in the Formal Solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure to comply with these requirements may deem a Response non-responsive. 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 requirements, and the integrity and reliability of which give reasonable assurance of good faith and performance. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the Response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts off the original prices quoted in the Response will be accepted from Successful Bidder(s)/Proposer(s) during the term of the Contract. Such discounts shall remain in effect for a minimum of one hundred twenty (120) calendar days from approval by the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation or Addenda (if any) should be reported in writing to the City's Department of Procurement. Should it be found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase agreement (Contract documents), the City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence — Any inconsistency in this Formal Solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. (1) Addenda (as applicable) (2) Specifications Page 13 of 52 Invitation for Bid (IFB) 685385,2 (3) Special Conditions (4) General Terms and Conditions 1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this Formal Solicitation at the price contained within vendor's Response. Further, successful vendor shall deliver/perform for the City on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written Agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and represents the entire understanding and Agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the Agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written Agreement signed by the City of Miami and Contractor. 1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the Contract period. The City is not obligated to place an order for any given amount subsequent to the award of this Contract. Said estimates may be used by the City for purposes of determining the low Bidder or most advantageous Proposer meeting specifications. The City reserves the right to acquire additional quantities at the prices Bid/Proposed or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES A. Rejection of Responses The City may reject a Response for any of the following reasons: (1) Bidder/Proposer fails to acknowledge receipt of Addenda; (2) Bidder/Proposer misstates or conceals any material fact in the Response; (3) Response does not conform to the requirements of the Formal Solicitation; (4) Response requires a conditional award that conflicts with the method of award; (5) Response does not include required samples, certificates, licenses required; and, (6) Response was not executed by the Bidder's/Proposer(s) authorized agent. The foregoing is not an all-inclusive list of reasons for which a Response may be rejected. The City may reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. B. Elimination from Consideration (1) A Contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or Contract, or which is a defaulter as surety or otherwise upon any obligation to the City. (2) A Contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous Contract with the City or deliver on time Contracts of a similar nature. (3) A Contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance. C. Determination of Responsibility (1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a Page 14 of 52 Invitation for Bid (IFB) 685385,2 satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established entity in line with the best industry practices in the industry as determined by the City. (2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental entity in making the award. (3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the Bid (IFB) to be considered non-responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non-responsive; and, if exceptions are taken to the terms and conditions of the resulting Agreement it may lead to terminating negotiations. 1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the Bidder/Proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the Bid/Proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of Bid/Proposal. 1.37. FIRM PRICES - The Bidder/Proposer warrants that prices, terms, and conditions quoted in its Response will be firm throughout the duration of the Contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or Contracts, which are to be performed or supplied over a period of time. 1.38. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the Contractor's and its' Subcontractor(s) responsibility to understand and comply with this Florida constitutional minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners and clerical workers, CPI -W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. At the time of responding, it is Bidder/Proposer and his/her Subcontractor(s), if applicable, full responsibility to determine whether any of its employees may be impacted by this Florida Law at any given point in time during the term of the Contract. If impacted, Bidder/Proposer must furnish employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of submitting a Response constitute Successful Bidder's/Proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of Contract and waiver of any contractual price increase request(s). The City reserves the right to request and Successful Bidder/Proposer must provide for any and all information to make a wage and contractual price increase(s) determination. 1.39. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami -Dade County, Florida. In any action or proceeding each party shall bear their own respective attorney's fees. 1.40. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way Page 15 of 52 Invitation for Bid (IFB) 685385,2 the expressed terms and provisions hereof. 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to: A. Use of information only for performing services required by the Contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. Assurances that any agents and Subcontractors agree to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential; E. Making Protected Health Information (PHI) available to the customer; F. Making PHI available to the customer for review and Amendment; and incorporating any Amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidder/Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION - Contractor shall indemnify, hold/save harmless and defend at its own costs and expense the City, its officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.08, Fla. Statues, as amended from time to time as applicable. Contractor shall require all Subcontractor Agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may Page 16 of 52 Invitation for Bid (IFB) 685385,2 result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement. 1.43. FORMATION AND DESCRIPTIVE LITERATURE—Bidders/Proposer must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS) as required, covering the products offered. Reference to literature submitted with a previous Response or on file with the Buyer will not satisfy this provision. 1.44. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or supplemented from time to time. 1.45. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not be made available until such time as the City provides notice of a decision or intended decision or within thirty (30) calendar days after Bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Web Site following recommendation for award. 1.46. INSURANCE - Within ten (10) calendar days after receipt of Notice of Award, the Successful Contractor, shall furnish Evidence of Insurance to the Department of Procurement, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the Contractor shall be in default of the contractual terms and conditions and shall not be awarded the Contract. Under such circumstances, the Bidder/Proposer may be prohibited from submitting future Responses to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604. The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be granted to the Bidder/Proposer. 1.47. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered (i.e. quantity, unit price, extended price, etc.); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48. LOCAL PREFERENCE A. City Code Section 18-85, states, "when a responsive, responsible non -local Bidder submits the lowest Bid price, and the Bid submitted by one or more responsive, responsible local Bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local Bidder, then that non -local Bidder and each of the aforementioned responsive, responsible local Bidders shall have the opportunity to Page 17 of 52 Invitation for Bid (IFB) 685385,2 submit a best and final Bid equal to or lower than the amount of the low Bid previously submitted by the non -local Bidder. Contract award shall be made to the lowest responsive, responsible Bidder submitting the lowest best and final Bid. In the case of a tie in the best and final Bid between a local Bidder and a non -local Bidder, Contract award shall be made to the local Bidder." B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer, include a five percent (5%) evaluation criterion in favor of Proposers who maintain a local office, as defined in Section 18-73. In such cases, this five percent (5%) evaluation criterion in favor of Proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply. 1.49. MANUFACTURER'S CERTIFICATION -The City reserves the right to request from Bidders/Proposers a separate Manufacturer's Certification of all statements made in the Bid/Proposal. Failure to provide such certification may result in the rejection of Bid/Proposal or termination of Contract/Agreement, for which the Bidder/Proposer must bear full liability. 1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No Contract or understanding to modify this Formal Solicitation and resultant purchase orders or Contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Procurement of the City of Miami, Florida through the issuance of a change order, addendum, Amendment, or supplement to the Contract, purchase order or award sheet as appropriate. 1.51. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other similar relationship between the parties. 1.52. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in the Response and/or Purchase Order may result in Bidder/Proposer being found in default in which event any and all re -procurement costs may be charged against the defaulted Contractor. Any violation of these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list. 1.53. NONDISCRIMINATION—Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age, religion, national origin, marital status, or disability in connection with its performance under this Formal Solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of his/her race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.54. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional Contracts for these herein goods and/or services, and to make use of other competitively Bid (governmental) Contracts, Agreements, or other similar sources for the purchase of these goods and/or services as may be available. It is hereby agreed and understood that this Formal Solicitation does not constitute the exclusive rights of the Successful Bidder(s)/Proposer(s) to receive all orders that may be generated by the City in conjunction with this Page 18 of 52 Invitation for Bid (IFB) 685385,2 Formal Solicitation. In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City. 1.55. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the Response; however, the City may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award. 1.56. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. 1.57. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records, files, or any other matter whatsoever which is given by the City to the Successful Bidder/Proposer pursuant to this Formal Solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for any other purposes whatsoever without the written consent of the City. 1.58. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law. 1.59. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the Contract price. 1.60. PREPARATION OF RESPONSES (HARDCOPY FORMAT)—Bidders/Proposers are expected to examine the specifications, required delivery, drawings, and all special and general conditions. All Bid/Proposed amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the Bidder's/Proposer's risk. A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry, as required. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder/Proposer shall include in the Response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct. C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Bidder/Proposer should retain a copy of all Response documents for future reference. E. All Responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the Response Page 19 of 52 Invitation for Bid (IFB) 685385,2 or the Response may be rejected. F. Responses are to remain valid for at least one hundred eighty (180) calendar days. Upon award of a Contract, the content of the Successful Bidder's/Proposer's Response may be included as part of the Contract, at the City's discretion. G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its Response in hardcopy format. Use of any other forms will result in the rejection of the Response. IF SUBMITTING HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON-RESPONSIVE. 1.61. PRICE ADJUSTMENTS — Any price decrease effectuated during the Contract period either by reason of market change or on the part of the Contractor to other customers shall be passed on to the City of Miami. 1.62. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements. 1.63. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE 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 secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract. 1.64. PROMPT PAYMENT—Bidders/Proposers may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for Response evaluation purposes. Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the Contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from Successful Bidders/Proposers during the term of the Contract. 1.65. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. 1.66. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.67. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list Page 20 of 52 Invitation for Bid (IFB) 685385,2 following a conviction for a public entity crime may not submit a Response on a Contract to provide any goods or services to a public entity, may not submit a Response on a Contract with a public entity for the construction or repair of a public building or public work, may not submit Responses on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, Subcontractor, or consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 1.68. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City Contracts, subject to the provisions of Chapter 119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Contractor shall additionally comply with the provisions of Section 119.0701, Florida Statutes, entitled "Contracts; public records". Contractor's failure or refusal to comply with the provision of this section shall result in the immediate cancellation of this Contract by the City. 1.69. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The items Bid/Proposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. 1.70. QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1.71. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a Formal Solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.72. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105) A. Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the City Attorney, shall have the authority to resolve controversies between the Contractual Party and the City which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than 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, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission or the City Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this section. 1.73. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed twenty-five thousand dollars ($25,000.00). Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing. 1.Protest of Solicitation. A. Any prospective Proposer who perceives itself aggrieved in connection with the solicitation of a Contract may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Page 21 of 52 Invitation for Bid (IFB) 685385,2 Procurement Officer within three (3) calendar days after the Request for Proposals, Request for Qualifications or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or B. Any prospective Bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three (3) calendar days after the solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. 2. Protest of Award. A. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two (2) calendar days after receipt by the Proposer of the notice of the City Manager's recommendation for award of Contract, which will be posted on the City of Miami Department of Procurement website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this section of the website daily after Responses are submitted to receive the notice; or B. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended Bidder may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two (2) calendar days after receipt by the Bidder of the notice of the City's determination of non -responsiveness or non -responsibility. The receipt by Bidder of such notice shall be confirmed by the City by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. C. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five (5) calendar days after the date the notice of protest was filed. A written protest is considered filed when received by the Chief Procurement Officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the required Filing Fee. This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. D. Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the approval of the City Manager and the City Attorney, to settle and resolve any written protest. The Chief Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said decision to the City Commission within thirty (30) calendar days after he/she receives the protest. In cases involving more than twenty-five thousand dollars ($25,000.00), the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by the City Attorney and the City Manager. Page 22 of 52 Invitation for Bid (IFB) 685385,2 E. Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required Filing Fee, with the Chief Procurement Officer within the time provided, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section F. Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the City shall not proceed further with the solicitation or with the award of the Contract until the protest is resolved by the Chief Procurement Officer or the City Commission, unless the City Manager makes a written determination that the solicitation process or the Contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. G. All costs accruing from a protest shall be assumed by the protestor. H. Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the City in an amount equal to one percent of the amount of the Bid or Proposed Contract, or five thousand dollars ($5,000.00), whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed. If the protest is denied, the filing fee shall be forfeited to the City in lieu of payment of costs for the administrative proceedings. 1.74. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, 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 property of the City. 1.75. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the performance required by this Contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.76. SERVICE AND WARRANTY —When specified, the Bidder/Proposer shall define all warranty, service and replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your Response. 1.77. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or the omission from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship and services is to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. If your firm has a current Contract with the State of Florida, Department of General Services, to supply the items on this solicitation, the Bidder/Proposer shall quote not more than the Contract price; failure to comply with this request will result in disqualification of Bid/Proposal. 1.78. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the Oracle System or Responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP, RFQ, or RFLL NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no award will be made at that time. A. Hardcopy Responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or Page 23 of 52 Invitation for Bid (IFB) 685385,2 package must show the hour and date specified for receipt of Responses, the solicitation number and title, and the name and return address of the Bidder/Proposer. Hardcopy Responses not submitted on the requisite Response Forms maybe rejected. Hardcopy Responses received at any other location than the specified shall be deemed non-responsive. Directions to City Hall: FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US 1. US 1 SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. FROM THE SOUTH: US NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. B. Facsimile Responses will not be considered. C. Failure to follow these procedures is cause for rejection of Bid/Proposal. D. The responsibility for obtaining and submitting a Response on or before the close date is solely and strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be returned unopened, and will not be considered for award. E. Late Responses will be rejected. F. All Responses are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. G. Modification of Responses already submitted will be considered only if received at the City before the time and date set for closing of solicitation Responses. All modifications must be submitted via the Oracle System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent submission which alters the Responses. H. If hardcopy Responses are submitted at the same time for different solicitations, each Response must be placed in a separate envelope, box, or package and each envelope, box or package must contain the information previously stated in 1.82.A. 1.79. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the Contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all Amendments thereto and shall be paid solely by the Bidder/Proposer. 1.80. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate this Contract by written notice to the Contractor effective the date specified in the notice should any of the following apply: A. The Contractor is determined by the City to be in breach of any of the terms and conditions of the Contract. B. The City has determined that such termination will be in the best interest of the City to terminate the Contract for its own convenience; C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.81. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Page 24 of 52 Invitation for Bid (IFB) 685385,2 Payment shall be made after delivery, within forty-five (45) calendar days of receipt of an invoice and authorized inspection and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law. 1.82. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified on their Response. Deliveries are to be made during regular City business hours unless otherwise specified in the Special Conditions. 1.83. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods, whichever comes first. 1.84. TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging your claim. 1.85. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the Contract or any work performed by an employee not otherwise previously authorized. 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 information obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City Commission. 1.87. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, Bidders/Proposers must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated on their Response, it will be assumed that the product fully complies with the City's specifications. Page 25 of 52 Invitation for Bid (IFB) 685385,2 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for Biscayne Boulevard Maintenance from NE 5th Street to NE 87th Street, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the solicitation. 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Procurement Department, Attn: Anthony Hansen; fax: (305) 400-5237 or email: amhansen@miamigov.com, and a copy filed with the Office of the City Clerk, pursuant to Section 1.20. Cone of Silence. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than June 13, 2017 @ 5:00 PM. All responses to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.3. PRE-BID CONFERENCE A Voluntary pre-bid conference will be held on June 1, 2017 @ 10:00 a.m., at City of Miami MRC 6th Floor Large Conference Room, 444 SW 2nd Ave, Miami FL 33130. All questions adversely affecting the scope of work / specifications of the bid must be sent to Anthony Hansen, Senior Procurement Contracting Officer via email at amhansen@miamigov.com where they will be answered via an addendum. 2.4. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for two (2) years with the option to renew for three (3) additional one (1) year periods, subject to the availability of funds for succeeding fiscal years. Continuation of the Contract beyond the initial period is a City prerogative; not a right of the Bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.5. BIDDERS MINIMUM QUALIFICATIONS Bids will be considered only from firms that are regularly engaged in the business of providing goods and/or services as described in this bid; that have a record of performance for five (5) years; and that have adequate financial support, equipment and organization to insure that they can satisfactorily provide the goods and/or services if awarded a Contract under the terms and conditions herein stated. Bidder shall, as of Bid Due Date: (1) Not have any member, officer, or stockholder that is in arrears or is in default of any debt or Contract involving the City, is a defaulter Surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully on any previous Contract with the City; please verify by using Attachment C - Supplement to Bid, located in the Header / Attachments Section of this IFB. Page 26 of 52 Invitation for Bid (IFB) 685385,2 (2) Have no record of pending lawsuits or criminal activities, and have never been declared bankrupt within the last three (3) years; please verify by using Attachment C - Supplement to Bid. (3) Have a current certified license as a General Contractor from the State of Florida AND Miami -Dade County Business Occupational Licenses in all of the following trades: landscaping, irrigation, and electrical - Submit copies of licenses with bid. (4) Have experience in landscaping projects with similar size, scope, and complexity, supported by references within the past three (3) years for three (3) separate projects; verify by using Attachment C - Supplement to Bid. (5) Have Best Management Practice (Fertilizer Application License) Certification, Florida Nursery, Growers and Landscape Association (FNGLA) Certification, and International Society of Arboriculture (ISA) Certification - Submit copies of certifications with bid. 2.6. INSURANCE REQUIREMENTS INDEMNIFICATION Successful Bidder shall indemnify, hold / save harmless and defend at its own costs and expense, the City and its officials, from and against any and all claims, liabilities, losses, and causes of action, which may arise out of Successful Bidder's performance under the provisions of the Contract, including all acts or omissions to act on the part of Successful Bidder, including any person performing under this Contract for or on Successful Bidder's behalf, provided that any such claims, liabilities, losses and causes of such action are not attributable to the negligence or misconduct of the City and, from and against any orders, judgments or decrees which may be entered and which may result from this Contract, unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof. The Successful Bidder shall furnish to the City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130; Certificate(s) of Insurance which indicates that insurance coverage has been obtained which meets the requirements outlined below: INSURANCE REQUIREMENTS FOR BISCAYNE BOULEVARD LANDSCAPING MAINTENANCE I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence - $ 1,000,000.00 General Aggregate Limit - $ 2,000,000.00 Products/Completed Operations - $ 1,000,000.00 Personal and Advertising Injury - $ 1,000,000.00 B. Endorsements Required City of Miami listed as an additional insured Page 27 of 52 Contingent and Contractual Liability Premises and Operations Liability Explosion, Collapse and Underground Hazard Primary Insurance Clause Endorsement Herbicide and Pesticide Coverage II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident: $ 1,000,000.00 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory - State of Florida Waiver of subrogation Employer's Liability A. Limits of Liability $ 100,000.00 for bodily injury caused by an accident, each accident $ 100,000.00 for bodily injury caused by disease, each employee $ 500,000.00 for bodily injury caused by disease, policy limit IV. Umbrella Liability Each Occurrence - $ 1,000,000.00 Policy Aggregate - $ 1,000,000.00 City of Miami listed as an additional insured. Excess Follow Form over all applicable liability policies contained herein. Invitation for Bid (IFB) 685385,2 Page 28 of 52 Invitation for Bid (IFB) 685385,2 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than thirty (30) days prior to any such cancellation or material change, or in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 2.7. REFERENCES Each bid must be accompanied by a list of three (3) references, as reflected in the Header/Attributes Section of this solicitation, which shall include the name of the company, dates of Contract, description of goods/services supplied, a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.8. BID BOND All bids shall be accompanied by either an original Bid Bond executed by a Surety Company that is licensed to do business in the State of Florida, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years, or by money order, certified check, cashier's check, Unconditional/Irrevocable Letter of Credit, treasurer's check or bank draft of any national or state bank (United States), in the amount of 5% of the total bid amount, payable to City of Miami, Florida, and conditioned upon the Successful Bidder executing the Contract and providing the required Performance Bond and Payment Bond and evidence of required insurance within fifteen (15) calendar days after notification of award of 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 sixty (60) calendardays have passed after the date of the formal solicitation closing date, and no Contract has been awarded, all Bid Deposits will be returned on demand. 2.9. PERFORMANCE BOND AND PAYMENT BOND Within fifteen (15) calendar days of being notified of the award, Contractor shall furnish a Performance Bond and a Payment Bond containing all the provisions in the forms attached hereto. Each bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to the City the completion and performance of the Work covered in such Contract as well as full payment of all suppliers, laborers, Page 29 of 52 Invitation for Bid (IFB) 685385,2 or Subcontractors employed pursuant to this project. Each bond shall be with a Surety. Each bond shall continue in effect for one (1) year after Final Completion and acceptance of the Work with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be conditioned that Contractor will, upon notification by City, correct any defective or faulty Work or materials which appear within one (1) year after Final Completion of the Contract. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be amended from time to time, Contractor shall ensure that the bond(s) referenced above shall be recorded in the public records of Miami -Dade County and provide City with evidence of such recording. In lieu of a Performance Bond and a Payment Bond, Contractor may furnish alternate forms of security, which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit. Such alternate forms of security shall be subject to the prior approval of City and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by City for one (1) year after completion and acceptance of the Work. 2.10. SUBCONTRACTOR(S) As part of its bid, the Bidder is required to identify any and all Subcontractors that will be used in the performance of the proposed Contract, their capabilities, experience, minority designation, as defined in Ordinance 10062 and the portion of the Work to be done by the Subcontractor using Attachment C - Supplement to Bid. Failure to identify any and all Subcontractors in the bid shall render the bid non-responsive. The Contractor shall not, at any time during the tenure of the Contract, subcontract any part of his operations or assign any portion or part of the Contract to Subcontractor(s) not originally mentioned in their bid, except under and by virtue of permission granted by the City through the proper officials. Nothing contained in this specification shall be construed as establishing any contractual relationship between any Subcontractor and the City. The Contractor shall be fully responsible to the City for the acts and omissions of the Subcontractor and their employees, as for acts and omissions of persons employed by Contractor. If Bidder does not include any Subcontractor(s) as part of its bid submittal, it will be construed that Bidder will be able to handle the entire workload by itself and will not be allowed to subcontract any of the Work unless it request in writing the hiring of Subcontractor(s) with the aforementioned requirements attached to its request within seventy-two (72) hours of considering hiring Subcontractor(s). The City will grant or deny such request in writing within forty-eight (48) hours of receiving said request. The Work performed by all Subcontractors shall be no more than 10% of the total Work for this Contract. 2.11. METHOD OF AWARD Page 30 of 52 Invitation for Bid (IFB) 685385,2 Award of this Contract will be made to the two (2) lowest responsive and responsible Bidder's, who bid on 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 the specifications herein. The City may select two (2) Bidder's, with the lowest deemed as the "Primary Vendor" and the next lowest as the "Secondary Vendor", in the order of overall lowest bid provided to the City. Should the Primary Vendor not be able to provide the necessary service at the time needed, or the required Work is beyond the ability or expertise of the Primary Vendor, or the Primary Vendor fails to perform in accordance with Section 7 of the Public Works Construction Standards, the City has the option to select the Secondary Vendor whom will be offered the Work to complete in a timely manner. The City additionally reserves the option to obtain quotes from either of the awarded vendor(s) for a specific project(s), services, product, etc., prior to the provision of the same. 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 Vendor, in order to obtain the required service in the most expedient manner and at the lowest possible price. 2.12. TIE BIDS Whenever two (2) or more bids which are equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) calendar days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this Section. 2.13. CONTRACT ADMINISTRATOR Upon award, Successful Bidder shall report and work directly with Raphael Gonzalez, Public Works Operations Coordinator, who shall be designated as the Contract Administrator for the City. Page 31 of 52 Invitation for Bid (IFB) 685385,2 2.14. CITY OF MIAMI LIVING WAGE ORDINANCE The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total Contract value exceeding $100,000.00 annually, and that have been competitively solicited and awarded on, or after January 1, 2017 by the City. "Service Contract" means a Contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557. City of Miami Living Wage Ordinance, is attached as Attachment A. Please see provisions in Attachment A. If a solicitation requires services, effective on January 1, 2017, Contractors must pay to all its employees, who provide services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour, with health benefits. This language is only a summary of the key provisions of the 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. 2.15. METHOD OF PAYMENT The City shall pay the Successful Bidder as follows: (a) On or before the 10th day of each calendar month, the City shall make partial payments to the Successful Bidder on the basis of the estimate of Work performed by the Successful Bidder during the preceding calendar month, duly certified and approved by the City's Project Manager. (b) Upon submission by the Successful Bidder of evidence satisfactory to the City that all payrolls, material bills and other costs incurred by the Successful Bidder in connection with the construction of the Work have been paid in full, and also, after all guarantees that may be required in the specifications or by the Successful Bidder have been furnished and are found acceptable by the City, final payment on account of this Agreement shall be made within sixty (60) calendar days after completion by the Successful Bidder of all Work covered and accepted of such Work by the City. 2.16. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this Contract, then the City, upon written notice to the Successful Bidder(s) or his assignee of such occurrence, shall have the unqualified right to terminate the Contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any Project(s) will be awarded to any firm(s). 2.17. PRIMARY CLIENT (FIRST PRIORITY) The Successful Bidder hereby agrees that upon award of this Contract that the City of Miami shall be its primary Page 32 of 52 Invitation for Bid (IFB) 685385,2 client and shall be serviced first during a schedule conflict arising between this Contract and any other Contract Successful Bidder may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time. 2.18. SUPERVISION Contractor shall keep on the Work site during its progress, a full-time competent English speaking Supervisor and any necessary assistants, all satisfactory to the City. The Supervisor shall not be changed except with the written consent of the City, unless the Supervisor proves to be unsatisfactory to Contractor and ceases to be in its employ. The Supervisor shall represent Contractor and all directions given to the Supervisor shall be binding as if given to Contractor and will be confirmed in writing by the City upon the written request of Contractor. The City shall be provided telephone number(s) and email(s) for the Supervisor, where the Supervisor can be contacted during regular business hours (Monday - Friday, 8:00 a.m. to 5:00 p.m.), as well as after hours for emergencies. 2.19. QUALITY OF WORK All Work shall be performed using superior maintenance standards and techniques. The frequencies established for repetitive maintenance tasks are minimum frequencies, which may be increased, as deemed necessary, by the City. 2.20. COMPLETE PROJECT REQUIRED These specifications describe the various items or classes of Work required, enumerating and defining the extent of same necessary. Failure to list any item or classes under scope of the several sections shall not relieve the Contractor from furnishing, installing or performing such Work where required by any part of these specifications, or necessary to the satisfactory completion of the project. 2.21. RESPONSE TIME A four 4 hour response time is required. Failure to respond to a service call within the specified time will result in the Primary Vendor paying any and all costs associated with the repairs performed by a Secondary Vendor. 2.22. USE OF PREMISES The Contractor shall confine his/her equipment, apparatus, the storage of materials, and the operation of his/her workmen to the limits indicated by law, ordinances, permits, or direction of the project manager, and shall not unreasonably encumber the premises with his/her materials. The Contractor shall take all measures necessary to protect his/her own materials. 2.23. PUBLIC CONVENIENCE AND SAFETY The Contractor shall conduct his Work so as to interfere as little as possible with private business and public travel. Contractor shall, at their own expense, whenever necessary or required, maintain barricades, maintain lights, and take such other precautions, as may be necessary, to protect life and property. Contractor shall be liable for all Page 33 of 52 Invitation for Bid (IFB) 685385,2 damages occasioned in any way by his/her actions or neglect, or that of his/her agents or employees. The Contractor shall meet the following noise abatement performance standards for all equipment: between the hours of 7:00 a.m. and 6:00 p.m., noise levels shall not exceed 80 dBA at the nearest residential or commercial property line. Operation of equipment should be avoided between the hours of 6:00 p.m. and 7:00 a.m., but if required, the noise level shall not exceed 65 dBA. 2.24. SAFETY MEASURES Contractor shall take all necessary precautions for the safety of employees, and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by his/her operation and Work in progress must be posted. All employees of Contractor shall wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The Contractor shall use only equipment that is in safe operating order and condition. Contractor shall be especially careful when servicing property, and when pedestrians and vehicles are in close proximity - Work shall cease until it is safe to proceed. 2.25. DAMAGES TO PUBLIC/PRIVATE PROPERTY The Contractor shall carry out the Work with such care and methods as not to result in damage to public or private property adjacent to the Work. Should any public or private property be damaged or destroyed, the Contractor, at his/her expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time (not to exceed one (1) month from date damage was done). 2.26. LIQUIDATED DAMAGES Failure to complete the Project in accordance with the specifications and to the satisfaction of the City within the time stated, shall result in liquidated damages being assessed against the Contractor. The Successful Bidder shall be subject to an assessment of liquidated damages in the amount of $100.00 for each and every calendar day that the Work remains incomplete (not to exceed the total amount of the Contract), as compensation due to the City for loss of use and for additional costs incurred by the City, due to such noncompletion of the Work. The City shall have the right to deduct said liquidated damages from any amount due or that may become due to the Successful Bidder under this agreement, or to invoice the Successful Bidder for such damages if the costs incurred exceed the amount due to the Successful Bidder. 2.27. 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. Page 34 of 52 Invitation for Bid (IFB) 685385,2 2.28. FAILURE TO PERFORM Should it not be possible to reach the Contractor or Supervisor and should remedial action not be taken within forty-eight (48) hours of any failure to perform according to specifications, the City reserves the right to declare Contractor in default, in accordance with Section 2.29, Termination, Letter A, the City reserves its right to make appropriate reductions in the Contract payment. 2.29. TERMINATION A. FOR DEFAULT If Contractor defaults in its performance under this Contract and does not cure the default within thirty (30) calendar days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Contractor shall be liable for damages, including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Contractor was not in default or (2) the Contractor's failure to perform is without his or his Subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon 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 Contractor will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.30. ADDITIONS/DELETIONS OF FACILITIES/LOCATIONS/ITEMS/PRODUCTS/SERVICES Although this solicitation identifies specific facilities/locations/items/products/services to be performed, it is hereby agreed and understood that any facility/location/item/product/service may be added/deleted to/from this Contract at the sole discretion of the City. When an addition to the Contract is required, the Successful Bidder(s) under this Contract shall be invited to submit price quotes for these new services/items/products. If these quotes are comparable with market prices offered for similar services/items/products, they shall be added to the Contract whichever is in the best interest of the City and an addendum and a separate purchase order shall be issued by the City. 2.31. WARRANTY The Contractor warrants the materials supplied and the Work performed under this Contract conform to warranty materials provided and Work performed for one (1) year from date of completion. In addition to all other warranties that may be supplied by the Contractor, the Contractor shall warrant its products and/or service against faulty labor and/or defective material for a minimum period of one (1) year after the date of acceptance of the labor, materials and/or equipment by the City. This warranty requirement shall remain in force for the full one (1) year period; regardless of whether the Contractor is under Contract with the City at the time of any defect. Any payment by the City on behalf of the goods or services received from the Contractor does not constitute a waiver of these warranty Page 35 of 52 Invitation for Bid (IFB) 685385,2 provisions. The Contractor shall be responsible for promptly correcting any deficiency, at no cost to the City, within five (5) calendar days after the City notifies the Contractor of such deficiency in writing. If the Contractor fails to honor the warranty and fails to correct or replace the defective work or items within the period specified, the City may, at its discretion, notify the Contractor, in writing, that the Contractor may be debarred as a City vendor and subject to contractual default if the corrections or replacements are not completed to the satisfaction of the City within ten (10) calendar days of receipt of the notice. If the Contractor fails to satisfy the warranty within the period specified in the notice, the City may (a) place the Contractor a Notice of Default of its Contract, and/or (b) procure the products or services from another Contractor, and charge the Contractor for any additional costs that are incurred by the City for this Work or items; either through a credit memorandum or through invoicing. 2.32. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Bidder(s) authorized signature affixed to the Bidder(s) acknowledgment form attests to this. If a Professional Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City, will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. Page 36 of 52 Invitation for Bid (IFB) 685385,2 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK The Successful Bidder shall furnish all labor, machinery, tools, and means of transportation, supplies, fuel, equipment, materials, and services necessary to perform complete landscaping maintenance as well as the inspection and repair, if necessary, of the irrigation system and the electrical system along the medians, swales and the sidewalk areas of Biscayne Boulevard between NE 5th Street to NE 87th Street (433,101 square feet), North Bayshore Drive 79th Street to 82nd Street and West to North Miami Avenue, the median on North Bayshore Drive between NE 15th Street to NE 17th Terrace, the swales and sidewalk areas along SR 25 between NE 7th Avenue and NW 7th Avenue (Excluding the South sidewalk area between North Miami Avenue and East Coast Avenue). The Scope of Work for the project includes, and it is not limited to mowing, weeding, trimming of palms, shade trees and plants, edging, pruning, and mulching as per Attachment D - Landscape Plans, located in the Header / Attachments Section of the IFB. Reinstalling root guards, providing and planting palms, shade trees and shrubbery (I and 3 gal.), insect spraying, herbicide spraying, fertilizing, removal of all undesirable plants and invasive exotic plant materials, litter / debris pick up (bi-weekly) and watering the landscaped areas. Also, includes monthly inspection and repairs of the irrigation system located in the medians, swales and in the sidewalk area as shown in the Landscape Plans. It also calls for the replacement of missing or damaged metal and concrete tree grates as directed by the City Engineer (Tree grates provided by the City). Location of Work - The project is located along Biscayne Boulevard from NE 5th Street to NE 87th Street. The project is further separated into Sections A through G as described below. Section A - NE 5th Street to NE 15th Street: The area to be maintained is 3,030 linear feet (0.57 miles) long (one side). The areas along the medians that are covered with shrubs are approximately 10,705 sq. ft. The swale areas are approximately 72,000 sq. ft. The median and the swale areas are covered with decorative brick sidewalk and there are 159 metal grates, 1,847 shrubs, 127 trees, and 88 palms. This Section of Work covers the swale areas and medians along Biscayne Boulevard. The landscaping Work required for this portion includes picking up litter (bi-weekly), trimming the hedges in the median (monthly), cutting the lower branches of the shade trees (monthly), and picking up dead fronds from the palms (bi-weekly). In addition, the Contractor is responsible for replacing the shade trees, palm trees and shrubs located in the right of way and the metal tree grates as directed by the City Engineer. There is monthly inspection and repairs, if needed, of the irrigation system along this Section. Section B - NE 16th Street to NE 36th Street: There are no medians along this Section. The landscaping portions are located in the sidewalk areas which are approximately 7,400 feet long (one side). There are 141 trees and 115 palms. There is no grass area to be mowed at this Section. The swale areas are 74,725 square feet with planters. There is monthly inspection and repairs, if needed, of the irrigation system along this Section. Section C —NE 37th Street to NE 67th Street: The medians are approximately 9,881 linear feet (1.87 miles) in length (one way) and 45,024 sq. ft. of sod area located in the median. This Section covers approximately 99,447 square feet (2.28 acres) of maintenance median surface area and 61,578 square feet (1.41 acres) of swale areas along the corridor. There is monthly inspection and repairs, if needed, of the irrigation and the electrical systems along this Section. Page 37 of 52 Invitation for Bid (IFB) 685385,2 Section D - NE 67th Street to NE 87th Street: There are no medians along this Section. The landscaping portions are located in the sidewalk areas which are approximately 6,560 feet long (one side). There is no grass area to be mowed at this Section. There are 131,200 square feet of swale areas with planters. In this Section, there are 102 metal tree frames with decorative concrete grate tops, 133 trees and 105 palms. Section E —North Bayshore Drive / 82nd Street to Miami Avenue: There are no medians along this Section. The landscaping portions are located along North Bayshore Drive East and West swales with hedges and large grass areas to be mowed along the West Section of this location. There are additional landscaping portions to be maintained on 82nd Street along the swale areas and within the detached planters of both the North and South side of the right-of-way. Section F —SR 25 NW 7th Avenue to NE 7th Avenue: (Excluding the South side of NW 36th Street from North Miami Avenue to East Coast Avenue) This Section of Work covers the swale areas and medians along 36th St between NE 7th Avenue and NW 7th Avenue. The landscaping Work required for this portion includes picking up litter, mowing, cutting, edging the grass or turf (bi-weekly), cutting the lower branches of the shade trees (monthly), and picking up dead fronds from the palms (bi-weekly). In addition, the Contractor is responsible for the removal and the replacement of the shade trees, palm trees, shrubs and the metal tree grates located in the right of way as directed by the City Engineer. Section G —North Bayshore Drive NE 15th Street to NE 17th Terrace: This Section of Work covers the swale areas and medians along North Bayshore Drive between NE 15th Street and NE 17th Terrace. The landscaping Work required for this portion includes picking up litter, mowing, cutting, edging the grass or turf (bi-weekly), trimming the hedges in the median (monthly), cutting the lower branches of any shade trees (monthly), and picking up dead fronds from the palms (bi-weekly). In addition, the Contractor is responsible for replacing the shade trees, palm trees and shrubs located in the median. There is monthly inspection and repairs, if needed, of the irrigation system along this Section. QUALITY ASSURANCE - All Contractors, Subcontractors, or any of their employees engaged in any type of landscaping installation, care and maintenance must be directed and supervised by a certified landscape Contractor. This will require a landscape professional in the field at all times. All Work shall be performed using superior maintenance standards and techniques in accordance with State and County licensing standards as well as Trade Certifications. ENVIRONMENTAL PROTECTION - Contractor shall comply with Chapter 17, Environmental Preservation of Miami City Code, and City Ordinance 12636 and 13085. Any violations of this Code by Contractor will automatically prompt the damages to be bourne by Contractor and no additional charges will be allowed. CODE COMPLIANCE - All Work shall comply with the South Florida Building Code, City of Miami Code, and Miami -Dade County Code. Contractor shall comply with the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act as well as any other requirements specified in the Contract Documents. Page 38 of 52 Invitation for Bid (IFB) 685385,2 PROPER EQUIPMENT AND OPERATION - The Contractor shall comply with the National Environmental Policy Act (NEPA) and Noise Control regulation - County and City Code. PERMITS - The Department of Public Works will issue a Tree Permit for any removal, trimming and installation of trees and palms. ROOT GUARD - Shade trees planted within the public right-of—way and within close proximity of sidewalks or curbs will require root barriers, i.e., sections of metal pipe or root deflectors under the product name of "Root Solutions", or approved equal. TREE GRATES - The following list and quantities are for the existing metal tree grates per Section along Biscayne Boulevard. The engineering details for the metal tree grates and concrete tree grates are included in the Landscape Plans. Tree grates are supplied by the City. Installation is completed by the Contractor. Section A: 133 - Tree grate with frame #M6015 - Full circle 5' diameter - 16" hole opening 2 - Half circle tree grate with frame, 5' feet diameter 24 - Tree grate with frame - full circle 5' diameter - 36" hole opening Section B: There are no tree grates in this Section. Section C: 190 - Concrete tree grate Tree grate #M-7202 Style Olympian by Ironsmith, or approved equal. Section D: 102 - Metal tree grates Frame # M720OF Tree grate # M7202 Style Olympian by Ironsmith, or approved equal. Section E: There are no tree grates in this Section. Section F: Half circle tree grate with frame, 5' diameter. Section G: There are no tree grates in this Section. Page 39 of 52 Invitation for Bid (IFB) 685385,2 3.2. PLANTING PLANTING GENERAL The Contractor shall furnish all labor, materials, and equipment, watering and related services required to complete the Work in accordance with the Contract Documents and specifications. I. SCHEDULING OF WORK: The Work shall be coordinated with other Contractors as to prevent any conflicts as to scheduling with others. The Contractor is prohibited from blocking traffic during peak traffic hours. H. PERSONNEL: All planting shall be performed by personnel familiar with planting procedures and under the supervision of a certified landscaper who is to be present at the jobsite during the course of the Work. III. PROTECTION OF UTILITIES AND STRUCTURES: Prior to the preparation of planting areas or plant pits, the Contractor shall ascertain the location of all electrical cables, conduits, utility lines, oil tanks and supply lines, so that proper precautions may be taken not to disturb or damage any subsurface improvements. In the event any are uncovered, the Contractor shall promptly notify the City Engineer, who shall arrange to relocate the plant material, if possible. The Contractor shall be responsible for any damage caused to utilities and structures, as a result of Contractor performing services without due care, and shall properly maintain the protection of same. IV. CLEAN UP: If the Contractor fails to clean up, the City may do so and the cost thereof shall be charged to the Contractor. V. SUBMITTALS: A. Unit Prices: The unit prices bid will serve as the basis for any required addition or deletion to the Contract. B. Materials: Submit four (4) samples each with corresponding certificates of compliance from the product manufacturer or supplier for planting soil, fertilizer (analysis card), mulch, galvanized steel banding, turn buckles, guy wires and painted sample of wood braces. Submit these within thirty (30) calendar days after award of Contract. C. Schedule: A detailed sequence of planting shall be submitted to the City by the Contractor. Submit revised schedule when departure from same is necessary. D. Maintenance Guidelines: Submit detailed maintenance guidelines covering fertilization, watering, spraying, trimming, mulching, and any other pertinent issues related to landscape work required to ensure viability of plant material. Submit maintenance guidelines sixty (60) calendar days after award of Contract for review by the City. MATERIALS I. COMMERCIAL FERTILIZER: A. Shall be delivered to the site in the original unopened containers, each bearing the manufacturer's analysis. B. Fertilizer shall be Mix #5024 (10.5.8) as supplied by ATLANTIC -FLORIDA EAST COAST FERTILIZER & CHEMICAL, unless noted otherwise, or approved equal. II. PLANT MATERIAL: A. Words "Plant Materials" or "Plants" refer to and include trees, palms, shrubs, and groundcovers. Page 40 of 52 Invitation for Bid (IFB) 685385,2 B. Plant species shall conform to those indicated on the drawings and in these specifications. C. Plants shall be sound, healthy, vigorous, free from plant diseases, insect pests or their eggs, and shall have healthy normal root systems. Plants shall be nursery grown stock, except for site transplanted material or freshly dug, balled and burlap plants. D. All plants shall have been transplanted or root pruned at least once in the three (3) years previous to Contract effective date. Root bound container plants will not be accepted. E. Collected palms shall be heeled in the nursery for no less than three (3) months prior to final planting. F. All plant material not otherwise specified as being Florida Fancy of Specimen shall be Florida No. 1 or better quality graded, in accordance with "Grades and Standards for Nursery Plants" published by the State of Florida Department of Agriculture. G. Caliper measurement, height measurement, height relation to caliper, spread, bare root and ball dimensions, number of canes, types of vines and ground covers, etc., shall conform to the applicable standards given in "USA Standard for Nursery Stock 260.1", sponsored by the "American Association of Nurserymen, Inc.". H. Plants specified shall be used. Substitutes will not be allowed unless sufficient evidence is submitted in writing, indicating plant unavailability. The Contractor is to submit suggested listing of substitutes for review and comment by the City Engineer. No substitutions shall be made unless approved in writing. Said substitutes shall be submitted no less than five (5) calendar days after award of Contract. L Any materials and Work may be rejected if, in the sole discretion of the City Engineer, such does not meet the requirements of these specifications. All rejected materials shall be promptly removed from the site by the Contractor at their expense. J. Plants existing on the site and transplanted by the Contractor shall be subject to Contractor's guarantee. K. Plants used where symmetry is required shall be matched as nearly as possible. The Contractor shall tag all trees and palms at the nursery for review by the Project Manager and/or City Engineer. The tagging for review shall be made no less than forty-five (45) calendar days prior to the projected installation date. All material shall be clearly identified by the use of colored vinyl tapes. The Contractor shall tag ten percent (10%) more 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) 247-1521. IV. PLANTING SOIL: Provide planting soil which contents include: 50% Muck 50% Coarse Silica Sand Or as indicated in the Landscape Plans. V. MULCH: Shall be as indicated in the bid, or Eucalyptus Mulch Grade "A" delivered to the site in sealed and marked bags, or approved equal. EXECUTION I. SHIPMENT AND DELIVERY: Page 41 of 52 Invitation for Bid (IFB) 685385,2 A. The Contractor shall notify the City Engineer forty-eight (48) hours in advance, prior to delivery of plant material. B. Plant material shall be protected form weather, adequately packed to prevent breakage and drying out during transit. C. Plants shall not be planted until they have been inspected at receiving site, and accepted by the City Engineer. Plants which do not meet specifications for quality herein stated, or plants that show improper handling, or arrive on site in an unsatisfactory condition, shall be rejected. Rejected plants shall immediately be removed, disposed of by the Contractor, and approved nursery stock of like variety, size and age shall be replaced by Contractor without additional compensation. D. Final acceptance of plant material will be given only after material is planted and after meeting requirements prescribed herein. 11. GUYING AND STAKING: A. All guying and staking shall be indicated in the Specifications. B. It shall be the Contractor's responsibility to prevent plants from falling of being blown over, to restraighten and replace all plants which are damage. Plants blown over by high winds shall not be cause for additional expense to the City, and shall be the responsibility of the Contractor. Damaged plants shall be replaced by the Contractor at no additional expense to the City, except the Contractor shall not be held responsible for the loss or death of any tree, shrub or plant, after being properly planted, as a result of hail storms, lighting, flood, fire or other acts of providence beyond his control. 111. PLANTING OF TREES AND PALMS: A. Except as otherwise specified, the Contractor's work shall conform to accepted horticultural practices as used in the trade. B. Plants shall be protected upon arrival at the site by being thoroughly watered and properly maintained until planted. Plants shall be planted within twenty-four (24) hours after arriving at site. At all times, proper horticultural practices of performing the Work shall be exercised. C. Before digging holes or beds, the location and arrangement of the planting shall be staked by the Contractor and accepted by the City Engineer. The staking should be ready for inspection at least five (5) days prior to the projected planting date. The stakes shall be #7 Rebar, at least 18" in length and painted with bright red paint. D. The existence and location of underground utilities if shown on the plans are not guaranteed and shall be investigated and verified in the field by the vicinity of existing structures and utilities shall be carefully done. The Contractor shall be held responsible for any damage to, and for maintenance and protections for existing utilities and structures. E. All circular pits with vertical sides shall be excavated to sizes and depth as shown in the Specifications (Misc. 17-293-4) and backfilled with planting soil. The Contractor shall test fill all tree/palm pits with water before planting to assure proper drainage and that percolation is available. Pits which are found not to be adequately draining shall be backfilled with coarse gravel or crushed rock. No allowances will be made for lost plants due to improper drainage. F. Backfill with the specified planting soil mix and incorporate a minimum 6 ounces to 9 ounces of Soil Moist ac , lr iy c copolymers evenly spread around and adjacent to the rootball mid -way in depth. The final level of the ground and that of the sod shall conform to the surrounding grade. G. The plants shall be set on prepared planting soil backfill brought to a height permitting planting at the same Page 42 of 52 Invitation for Bid (IFB) 685385,2 depth the plants grew in the nursery. Upright plants shall be kept in a vertical position. All plants shall be handled by earthy ball only. Handling by the plant itself will be caused for rejection of such plants. H. After placing the plant in the pit, the backfill shall be watered and firmly tampered to ensure backfill mixture in and about all the roots. All backfill mixture shall be such that no plants will settle lower than the depth indicated on the drawings. L After filling half way on the earth ball, the burlap shall be loosened and laid back off the top of the ball, or if too bulky, cut away and removed, after which the balance of the pit shall be backfilled and tamped. J. All plants shall be thoroughly watered at time of planting and kept adequately watered until time of acceptance. The Contractor shall provide the means where water lines are not available. K. Apply fertilizer to planting beds and saucer areas as follows: 1. Trees: One (1) pound per inch trunk diameter. Spread fertilizer evenly about the base away from trunk diameter. 2. Thoroughly water plants before and after fertilization then mulch. L. Three (3) inches of mulch shall be placed between and around all plant material within twenty-four (24) hours after any planting. For individual plants, the mulch shall be spread to cover the saucer area. When in place, the mulch is to be watered thoroughly. M. Pruningshall be done at the time of planting and with due regarded to the natural form and growth characteristics of each species. All cuts over Yz inch diameter shall be painted with an acceptable tree wound dressing. Trees with pruned terminal leaders will not be accepted. N. During the course of planting, excess and waste materials shall be removed daily. All reasonable precautions shall be taken to avoid damage to all structures and plants. When planting in an area that has been completed, the area shall be thoroughly cleaned up. IV. MAINTENANCE PRIOR TO INSPECTION FOR ACCEPTANCE: A. Maintenance shall begin immediately after each plant (I gal. shrub and 3 gal shrub) is planted and shall continue throughout the course of operations on the site. 1. WateringPlants shall be watered by hose soaking thoroughly each day for the first two (2) weeks (fourteen (14) calendar days) and every other day for the following two (2) week period. Soaking then shall continue on a twice weekly basis for another period of three (3) weeks, amounting to a total of forty-five (45) days after installation. At the end of this hose soaking period, earth saucers shall be collapsed leaving the guying and/or staking in place, in accordance with these specifications. B. Plant maintenance shall include watering, pruning, spraying, dusting, weeding, cultivating, mulching, tightening, staking, fertilizing and repairing of braces and guys, replacement of sick or dead plants, resetting plants to proper grades or upright position and restoration of the planting saucer, and all other care needed for the planting saucer, and all other care needed for proper growth of the plants. 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 maintenance period and up the issuance of certificate of final acceptance, the Contractor shall do all seasonal spraying and/or dusting of plant material. The materials and methods shall be in accordance with highest standard nursery practices and in accordance with all regulatory agencies having jurisdiction. D. Protection: Planting areas and plants shall be protected against trespassing and damage. If any plants become damaged or injured, they shall be treated or replaced as directed. No work shall be done within or over planting Page 43 of 52 Invitation for Bid (IFB) 685385,2 areas or adjacent to plants without proper safeguards and protection. E. Damage resulting from erosion, gullies, washouts or other causes shall be repaired by filling with topsoil, tamping and re -fertilizing by the Contractor at his expense if such damage occurs prior to acceptance by the City Engineer. V. INSPECTION FOR ACCEPTANCE: A. Upon completion of all planting, an inspection for acceptance of Work will be held. The Contractor shall notify the City Engineer for scheduling of the inspection five (5) days prior to the anticipated inspection date. Partially completed portions will not be inspected. It is the Contractor's responsibility to ensure that the Work is completed and ready for inspection before calling for same. B. At the time of acceptance for inspection, if the materials are in whole or in substantially acceptance, a written notice will be given by the Project Manager and/or City Engineer that the guarantee period begins from the date of the inspection. C. In case substantial numbers of plants are sick or dead at the time of inspection, acceptance will not be granted and the Contractor's responsibility for maintenance of all the plants shall be extended until replacements are made. Replacements shall conform in all respects to the specifications for new plants and shall be planted in the same manner. Said replacements are to be made within five (5) days of said inspection. D. After the inspection for acceptance is made and the Work is found to be acceptable, the Contractor shall continue to hand water all trees and palms three (3) times a week for four (4) weeks. VI. PLANT GUARANTEE AND REPLACEMENT: A. Guarantee: All plant materials including site relocated material by the Successful Bidder 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 Unscheduled Additive Items from an outside vendor, the Contractor will only be responsible for the planting. Only then, the plant guarantee will not be applicable to the Successful Bidder. B. Replacements: During the guarantee period, there shall be monthly inspections between the Contractor and the City or his representative to ascertain the viability of the plant material. Any plant that is missing, dead or fails to become established due to Contractor's negligence shall be replaced at no cost to the Owner within ten (10) days after the monthly inspection. At the end of the guarantee period, the Contractor shall notify the City that the project is ready for final inspection. Any plant that is not alive or fails to show satisfactory growth or is missing due to Contractor's negligence will be removed and replaced at no cost to the Owner. All replacement after the final inspection shall carry a six (6) months replacement guarantee. Replacements shall be made within ten (10) days after final inspection. C. Materials and Operations: All replacements shall be plants of the same kind and size specified in the Plant Schedule. They shall be furnished and planted as specified with the cost borne by the Contractor. Please refer to the attached plant schedule. D. Watering Schedule: Refer to previous Sections. E. Planting list and quantities for this project. The prices listed for the Unscheduled Additive Items on Attachment B: Price Sheet may be utilized, as directed by the City Engineer as reference only and no additional compensation shall be allowed. Shrubs and Plants by Section Page 44 of 52 Section A: 1 gallon plants: Society Garlic - Tulbaghia Violacea (12" x 12") 3 gallon plants: Dwarf Bougainvillea (18" x 18") Green Island Ficus — Ficus Microcarpa (14" x 14") Spider Lily — Hymenocallis Latifolia (16" x 16") Red Taiwan Dwarf — Ixora "Petite Dwarf' (12" x 12") Wax Jasmine — Jasminum Volubile (18" x 18") Indian Hawthorn — Raphiolepsis Indica "Dwarf' (18" x 18") Florida Gamma Grass — Tripsacum Floridanum (16" x 16") Section B: This section has no small shrubs/plants. Section C: 1 gallon plants: Blueberry Flax Lily - Daniella Tasmanica (10" x 10") Gold Mound - Duranta Erecta (18" x 20") Green Island Ficus - Ficus Microcarpa (16" x 16") Boston Fern - Nephrolepsis Exaltata (8" x 8") 3 gallon plants: Cocoplum - Chrysobalanus Icaco (18" x 16") Was Jasmine - Jasminus Volubile (15" x 15") Plumbago - Plumbago Ariculata (18" x 18") Selloum - Philodendron Bipinnatfidum (24" x 16") Trinette - Schefflera Arboricola (18" x 18") Purple Queen - Tradescant Pallid (10" x 6") Section D: This section has no small shrubs/plants. Section E: 1 gallon plants: Blueberry Flax Lily - Daniella Tasmanica (10" x 10") 3 gallon plants: Wax Jasmine - Jasminus Volubile (15" x 15") Section F: Invitation for Bid (IFB) 685385,2 Page 45 of 52 Invitation for Bid (IFB) 685385,2 I gallon plants: Blueberry Flax Lily - Daniella Tasmanica (10" x 10") 3 gallon plants: Wax Jasmine - Jasminus Volubile (15" x 15") Section G: I gallon plants: Blueberry Flax Lily - Daniella Tasmanica (10" x 10") 3 gallon plants: Wax Jasmine - Jasminus Volubile (15" x 15") Other Plants/Trees/Palms Section A: Verawood Tree — Bulnesia Arborea (12'x 5') — 30 gal. minimum Gumbo Limbo Tree — Bursera Simaruba (12'x 5') — 30 gal. minimum Golden Shower Tree — Cassia Fistula (12' x 5') — 30 gal. minimum Orange Geiger Tree - Cordia Sebestena (12' x 5') — 30 gal. minimum Royal Poinciana Tree — Delonix Regia — 16' OAH Queen Crepe Myrtle — Lagerstroemia Speciosa — Single Trunk 12' OAH, 8' CT Alexander Palm — Ptychosperma Elegans — 14' OAH Single Trunk Live Oak Tree - Quercus Virginiana (14' x 5') — 30 gal. minimum Royal Palm — Roystonea Elata (8' Grey Wood) — 30 gal. minimum Pink Trumpet Tree — Tabebuia Heterophylla — 12' OAH, 8' CT Montgomery Palm — Veitchia Montgomeryana (10' Grey Wood) - 30 gal. minimum Section B: Green Buttonwood Tree — Conocarpus Erectus — 45 gal. minimum Satin Leaf Tree — Chrusonphullum Oliviforme — 45 gal. minimum Orange Geiger Tree — Cordia Sebestena (12' x 5') — 30 gal. minimum Pink Crape Myrtle — Largerstroemia Indica `Muskogee' — 30 gal. minimum White Crape Myrtle — Largerstroemia Indica `Natchez' — 45 gal. minimum West Indian Mahogany — Swestenia Mahagoni — 45 gal. minimum Royal Palm — Roystonea Elata (12' Grey Wood) — 30 gal. minimum Section C: Jamaican Carpet - Capparis Cynophallophera (8'x 3') - 10 gal. minimum Gumbo Limbo Tree - Bursera Simaruba (12'x 5') - 30 gal. minimum Page 46 of 52 Invitation for Bid (IFB) 685385,2 Live Oak Tree - Quercus Virginiana (14'x 5') - 30 gal. minimum Royal Palm - Roystonea Elata (12' Grey Wood) - 30 gal. minimum Montgomery Palm - Veitchia Montgomeryana (10' Grey Wood) - 30 gal. minimum Cardboard Palm - Zamia Maritime (24" x 24") - 30 gal. minimum Solitare Palm - Ptsychosperma Elegans (12' Grey Wood) - 30 gal. minimum Section D: Gumbo Limbo Tree - Bursera Simaruba (12'x 5') - 30 gal. minimum Black Ironwood Tree - Krugiodendron Ferreum (12' ht x 4' Spread) - 30 gal. minimum Live Oak Tree - Quercus Virginiana (14'x 5') - 30 gal. minimum Royal Palm - Roystonea Elata (12' Grey Wood) - 30 gal. minimum Sabal Palm - Sabal Palmetto (8' to 24' Clear Trunk) Montgomery Palm - Veitchia Montgomeryana (10' Grey Wood) - 30 gal. minimum Section E: Royal Palm - Roystonea Elata (8' Grey Wood) - 30 gal. minimum Live Oak Tree - Quercus Virginiana (14'x 5') - 30 gal. minimum Green Island Ficus - Ficus Microcarpa (14" x 14") Spider Lily - Hymenocallis Latifolia (16" x 16") Red Taiwan Dwarf - Ixora "Petite Dwarf' (12" x 12") Montgomery Palm - Veitchia Montgomeryana (10' Grey Wood) - 30 gal. minimum Section F: Silver Buttonwood Tree - Conocarpus Erectus Var - 45 gal. minimum Satin Leaf Tree - Chrusonphullum Oliviforme - 45 gal. minimum Orange Geiger Tree - Cordia Sebestena (12'x 5') - 30 gal. minimum Pink Crape Myrtle - Largerstroemia Indica 'Muskogee' - 30 gal. minimum White Crape Myrtle - Largerstroemia Indica 'Natchez' - 45 gal. minimum Green Island Ficus - Ficus Microcarpa (14" x 14") Spider Lily - Hymenocallis Latifolia (16" x 16") Red Taiwan Dwarf - Ixora "Petite Dwarf' (12" x 12") Montgomery Palm - Veitchia Montgomeryana (10' Grey Wood) - 30 gal. minimum Section G: Red Taiwan Dwarf - Ixora "Petite Dwarf' (12" x 12") Montgomery Palm - Veitchia Montgomeryana (10' Grey Wood) - 30 gal. minimum Green Island Ficus - Ficus Microcarpa (14" x 14") Page 47 of 52 Invitation for Bid (IFB) 685385,2 3.3. SODDING SODDING I. SCHEDULING OF WORK: The Work shall be as coordinated with other Contractors as to prevent any conflicts in scheduling with others. H. PERSONNEL: All planting shall be performed by personnel familiar with planting procedures and under the supervision of a qualified planting foreman. III. PROTECTION OF UTILITIES AND STRUCTURES: Prior to the preparation of sodding areas, the Contractor shall ascertain the location of all electrical cables. All conduits, all utility lines, oil tanks and supply lines, so that proper precautions may be taken not to disturb or damage any surface improvements. The Contractor shall be responsible for any damage to utilities and structures and shall properly maintain the protection of same. IV. CLEAN UP: A. The Contractor at all times shall keep the premises free form accumulation of waste materials or rubbish caused by his operations. At the completion of the Work, he shall remove all waste materials and rubbish from the project site as well as all his tools, construction equipment, machinery and surplus materials and shall clean all surfaces and leave the project site "broom clean". B. If the Contractor fails to clean up, the Owner may do so and the cost thereof shall be charged to the Contractor. V. SUBMITTALS: Submit samples of planting soil blanket mix and four (4) samples each of the Certificates of Compliance, fertilizer analysis tags, and sod certification. Provide said submittals thirty (30) days after Award of Contract. MATERIALS I. SOIL BLANKET: As supplied by MORRIS MAGIC SOIL or equal. Soil shall be 40% everglades peat and 60% fine lawn sand thoroughly mixed. No site mixing shall be allowed. H. COMMERCIAL FERTILIZER: Mix #2024 (10.8.6) as supplied by ATLANTIC - FLORIDA EAST COAST FERTILIZER & CHEMICAL, or equal. Fertilizer shall be delivered to site in unopened containers which shall bear manufacturer's guaranteed statement of analysis or a manufacturer's Certificate of Compliance covering analysis. Furnish guarantee statement of certificate of compliance to the Owner or his representatives. III. SOD: A. Replacement sod shall be St. Augustine Grass (Floratam) Solid Sod. B. All sod shall be of firm texture, having a compacted growth and good root development. Sod shall contain no weeds or objection vegetation, and be free from fungus, vermin or diseases. Before being cut and lifted, sod shall be mowed three (3) times with the final mowing not mote than a week before cutting into uniform dimensions. Certifications as to type of grass and other requirements shall be made and submitted to the Owner or his representative. Page 48 of 52 Invitation for Bid (IFB) 685385,2 IV. SAND: Provide clean, fine sand. V. WATER: Potable. The Contractor is responsible for providing water even if none is available on the site. EXECUTION I. GENERAL: Fine grades all lawn and planting areas. II. SODDING: Under this section, the Contractor shall perform the preparation of the areas to be sodded as herein specified. A. The Contractor shall remove all existing grasses and weeds from the areas to be sodded. The Contractor shall smooth out all areas to establish an even grade for sod planting. All areas shall be graded to drain. B. Remove all rock or foreign material one inch or greater in diameter and lay two (2) inches of soil blanket uniformly and thoroughly incorporated into top most four (4) inches of soil. C. Surface shall be rolled to achieve a smooth, even shape and grade. During the rolling, all depressions caused by settlement or rolling shall be filled with by additional topsoil and the surface shall be regraded and rolled until presenting a smooth and even finish. D. The Contractor should call for an inspection for approval of graded areas prior to sodding. E. Water the soil 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 following sod laying, the lawn areas shall be rolled with a lawn roller customarily used for such purposes, and then thoroughly watered immediately. During delivery, prior to and during the planting of the lawn area, the sod panels shall at all times be properly protected from excessive drying and unnecessary exposure of the roots to the sun. All sod shall be stacked during construction and planting, so as not to be damaged by sweating or excessive heat and moisture. G. After sod has been planted and rolled, thoroughly water and fertilize at the rate of ten (10) pounds per 1,000 square feet of area. Thoroughly water all sodded areas. H. The finished level of sod areas after rolling and tamping shall be Yz inch below the top of abutting paved areas. L During the sodding operations, excess and waste materials shall be removed daily. All reasonable precautions shall be taken to avoid damage to all structures and plants. When sodding in an area has been completed, the area shall be thoroughly cleaned up. IIi. MAINTENANCE PRIOR TO INSPECTION FOR ACCEPTANCE: Maintenance shall begin immediately after sodding is executed and shall continue in accordance with the following requirements: A. The Contractor shall be held responsible for maintenance of sodded areas, including watering, spraying, weeding, mowing and replanting as necessary to establish a uniform stand of the specific grass and until acceptance. After the grass has started, all areas and parts of areas which fail to show a uniform stand of grass, for any reason whatsoever, shall be replanted, repeatedly if necessary, until all sodded areas are covered with satisfactory growth of grass. B. Sodded areas shall be protected against trespassing damage. If any sod becomes damaged or injured, it shall be replaced as directed. No work shall be done within or over sodded areas without proper safeguards and protection. Page 49 of 52 Invitation for Bid (IFB) 685385,2 C. Watering of all non -irrigated sodded areas shall be done from a watering truck, no temporary irrigation heads will be allowed. All sodded areas are to be watered to provide at least one (1) inch of water per week in bi-weekly applications. Watering is to continue until inspection for acceptance is made and approved by the Owner. All watering is to be done in the presence of the Owner or his representative. D. Damage resulting form erosion, gullies, washouts or other causes shall be repaired by filling with lawn sand, tamping, refertilizing and resodding by the Contractor at his expense if such damage occurs prior to acceptance. IV. INSPECTION FOR ACCEPTANCE: A. Upon completion of all sodding operations, an inspection for acceptance of work will be held. The Contractor shall notify the Owner or his representatives for scheduling of the inspection ten (10) days prior to the anticipated inspection date. B. At the time of acceptance inspection, if the materials are in whole or in substantially acceptance, a written notice will be given by the Owner or his representative to the Contractor that the guarantee period begins from date of inspection. C. In case substantial areas of sod are sickly or dead at the time of inspection, acceptance will not be granted and the Contractor's responsibility for maintenance of all the sodded areas shall be extended until replacements are made. Replacements shall conform in all respects to the specifications for new sod and shall be planted in the same manner. V. SOD GUARANTEE AND REPLACEMENT: A. Guarantee: Sod shall be guaranteed for a period of ninety (90) days after the date of inspection for acceptance under Paragraph IV of this Section, and shall be alive and in satisfactory growth at the end of the guarantee period. B. Replacement: During the guarantee period the Owner and the Contractor shall schedule monthly inspections. Any sod that is dead or not in satisfactory condition shall be replaced within ten (10) days of the inspection. At the end of the guarantee period a final inspection will be held, the Contractor shall then proceed to replace sod that is dead or not in satisfactory condition, said replacement shall carry a ninety (90) days replacement guarantee. C. All non -irrigated sodded areas shall be watered as described under 213.03.IILC. for four (4) weeks after the inspection for acceptance. All watering to be done in the presence of the Owner or his representative. D. Materials and Operations: All replacements shall be sod of the same kind as specified in these Specifications. It shall be furnished and planted as specified with the cost borne by the Contractor at no additional cost to the Owner. VI. MAINTENANCE GUIDELINES: The Contractor shall supply the Owner with a detailed maintenance schedule for all sodded areas thirty (30) days after Award of Contract. 3.4. IRRIGATION IRRIGATION TECHNICAL SPECIFICATIONS AND DETAILS (EXISTING SYSTEM) I. SYSTEM DESCRIPTION: The irrigation system to be inspected and repaired on a monthly basis, or as directed by the City. The system is a fully automatic system with the following appurtenances: Section A and B: Refer to Attachment D - Landscape Plans. Section C: • Three (3) Ambient Light Solar powered controllers Page 50 of 52 Invitation for Bid (IFB) 685385,2 • 1097 — 6" pop up spray heads • 747 — 12" pop up spray heads • 388 bubblers • 10 gate valves • 3 water meters • 3 backflow preventers • 26 - Yz" electric control valves • 17 - 2" electric control valves • All irrigation to follow Attachment D - Landscape Plans, Irrigation Notes, Page LD -60 thru LD -78 • Maintenance of the irrigation system includes the medians and the swale areas between NE 17 Street to NE 67 Street This system can be observed in operation. There is no sprinkler equipment above ground to sustain damage from mowers, or weed eaters. II. SYSTEM PIPE: All pipe is class 200 PVC or heavier. System main is Schedule 40 PVC pipe. All fittings are solvent weld Sch. 40 fittings unless otherwise indicated in these specifications. Bell and O ring main is class 200 fittings and pipe ends shall be cleaned with an all purpose pipe cleaner prior to applying glue. Main is a minimum 36" of cover; all other pipe is a minimum 8" of cover. See detail for correct depth so that emitter tube is at surface following installation. Backfill shall be free of debris or sharp objects. No rock larger than Yz" shall be in contact with PVC lines anywhere. All pipes above ground are galvanized, copper, bronze or welded ductile iron. III. SLEEVES: All pipes under paving / walks are sleeved with schedule 40 PVC pipe. Replacement of any sleeves installed under roadways, shall be inspected as per local codes for proper earth compaction around sleeves. Road sleeves extend two (2') feet beyond edge of road. Walk sleeves extend one foot into landscape. IV. CONTROLLERS: If replacement is necessary, a Ambient Light Powered irrigation solar powered controller will be installed. Pedestal installation as per manufacturer's recommendations. V. CONTROL WIRE: Installed as recommended by the controller manufacturer. Control wire shall be UL approved, solid core, PE or PVC covered irrigation control wire. Use 14 gage control and 12 gage ground wire. All splices and connections at valves to be made with 3M brand DBY Direct Burial Splice Kit. All wire to be brought back to controllers. All wire to be encased in UL approved PVC conduit. Wire pull junction boxes are utilized and installed a maximum of 190' apart and placed in 10" Carson or other approved valve boxes. Replacement of any conduit installation under the pavement shall be by pulling under the pavement rather than opening a trench. VI. WATER SOURCE: City water meters are existing. Meters are assumed to be 1-1/2" meters. VII. BACKFLOW PREVENTION: There are four (4) existing Pressure Vacuum Breaker. If replacement is necessary, a Wilkins Model 720A with ball shut off valves shall be installed from the factory (or equal) Backflow Prevention Assembly installed as per local code at the water source, between the meter and the electric master valve. Page 51 of 52 Invitation for Bid (IFB) 685385,2 VIII. MASTER CONTROL VALVE: Presumed to be existing. IX. ELECTRIC CONTROL VALVES: There are twenty-six (26) 1 Yz" electric control valves and seventeen (17) 2" electric control valves. If replaced, each valve shall be equipped with Solatrol solenoid as required to operate with the Solatrol controller. All valves are housed in plastic valve boxes. X. REPAIRS AROUND EXISTING TREES: Trenches in and around existing trees must be hand dug. Extreme care must be used to prevent damage to the root system of existing trees. Roots larger than 1 Yz" in diameter shall not be cut. Soil beneath roots must be excavated so that the sprinkler lines can be carefully placed through and beneath the existing roots, at the proper depth, as called for in the specifications. Backfilling in these areas shall be done by washing the soil back into the trenches to prevent forming of any air pockets around the existing root system. Page 52 of 52 LEMUNKIA ih1,130,1121,110115 BISCAYNE BOULEVARD LANDSCAPING MAINTENANCE, PA -0039 The purpose of this Addendum is to change the nofficafion settings related to Attacl-imient's B, C, and D from "To Buyer", to "To SuppHer", THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SHAI BE MADE A PART THEREOF. Annie Perez, CPPO, Dire�r of Procurement RA' ar HO ARENHOW 19012-4 C] 11 62ME0111UPPRER The following changes, additions, clarifications, and/or deletions amend the above -captioned Invitation for Bid (IFB) and shall' become an integral part of the bid submitted and the Contract to be executed for Biscayne Boulevard Landscaping Maintenance, M-0039 - IFIL No.: 685385. Please note the contents herein and affix same to the documents you have an hand. Ql. Pertaining to Attachment D - Landscape Plans, are the plans for installation as well as maintenance, or are they to show the areas for maintenance mapped Out? Al. Th,e Landscape Plans show the areas of maintenance; however, the Contract allows for plants that may need to be replenished or replaced in these landscaped areas. Q2. Pertaining to Attachment B - Price Sheet, Linder Line 1, the item requests proper mulch in ail beds as pail of maintenance in a period of 26 cycles, but in Line 6 it separately requests mulch as cost per cubic yard, Do I include a twice a year mulchang in my Line 1 price for the entire property as well as a 4,000 cubic yard price for Line 6? Please advise. A. Line 1 refers to the mulching of new plants or trees within planting beds and within the right-of-way areas upon request or as needed basis (i.e., vehicular accidents, dead vegetation replacement, newly planted areas, etc.). Line 6 refers to the mulching of all areas (i.e., planting beds and trees within the right-of- way) twice a year. Q3. Who is currently providing the services? Can you send a copy of their bid sheet originally submitted? A3, Superior Landscaping & Lawn Service Inc. is currently providing these services and their bid sheet is attached hereto as Attachment 1. Q4. ls the irrigation SyStern fully functioning on 1,) Biscayne Boulevard, and 2,)i North Bayshort Drive? A4.; 1.) Biscayne Boulevard currently h ' as areas which are in need of repair, 23r" Street has M ne (1) Mainline Break; 22nd Street has two (2) valves that need to be replaced and two (2) RainSird Controllers that need to be replaced; 5th _ 9th Street has two (2;) valves that need to be replaced; 461h _ 61st Street has two (2) valves that need to be replaced. 2.) North Bayshore Drive is operable. Q5. if irrigation is not functioning, wi'lP Contractor be able to invoice for the repairs'? A5. Yes. Q6. Section F -- SR 25 (NW 361h Street) NW 711 Avenue to NE 7111,Avenue: Can you p�ease clarif� these boundaries, specifically NE V111 Avenue. A6. The boundaries to Section F are as follows: the bou:ndary to the North is the swale and tree planting pits, where applicable, and' the boundary to the South is the swal'e and tree pits; where applicable. NW 36 1h Street, Biscayne Biay— NW P" Avenue, NE V11 Avenue ends where the Bay and overpass begins. Q7. Regarding the tree grate replacement,,,,, will the City tell us when to change cut the tree grates? How many tree grates were swapped out over the last three (3) years? A7. There may be times where the City identifies broken tree grates during routine inspections; however, the expectations are that the Contractor will be proactive in identifying all broken tree grates during their routine landscape maintenance inspections, and communicate their findings to the Project Manager. In the last three (3) years, 37 concrete and 50 metal tree grates were replaced, Q8. What are the allowed work hours for each area contained in this bid? A8. Monday through Friday 08:00 a.m. — 05:00 p.m. The Contractor is, prohibited from blocking traffic during peak traffic hours. Q9. Line item 1 on Attachment B states that tree and palm trimming is to be included in pricing this line item. What is the frequency for the trimming? A9. Frequency of trimming shall be on an as needed basis, and as directed by the Project Manager. Q10. Line item 1 on Attachment B states that fertilization of "all plants" is to be included in pricing this itern, What is the frequency for the fertilization? Does this include trees and palms as well? A10. Fertilization is for the installation of new vegetation. However, the Project Manager has the discretion to request that all or any specific vegetation be fertilized during the warmer months (Spring, Summer, and Fall). THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SHALL BE MADE A PART THEREOF, Ani4ie Perez, CPPD, Director City of Miami Department of Procurement I BISCAYNE BOULEVARD Addendum 2 Bid No.: 685385 LANDSCAPING MAINTENANCE, M-0039