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Everglades Environmental r: Jj' i ~ ,~; ~~:, ft~ . f, .' j 1" ~ *\. , , t. '. f'; ~ ~:~. ~ I;> I \, ~. ~I , ~. ~ *~,\ . f; 'tf !:( / Bcn:l :fIM3 '3Jl2 PERFORMANCE BOND (This bond meets and exceeds the requirements of Florida Statutes Section 255.05) STATE OF FLORIDA ) ss COUNTY OF Bro.m:d ) KNOW ALL MEN BY THESE PRESENTS that we, I3.>etil.<rlP.c: EhvirrrnPl1t..<ll Care, Ire. as Principal, hereinafter called Contractor, and Cr.ntnrtnr-.c: Ihrli~ R. T"" rn ' as Surety, are firmly bound unto the qtyofMiami Beach, Florida, as Obligee, hereinafter called the City, in the Penal sum of ~ty-.}ive Dollars ($ 25.cro.OO ), for the payment of which sum well and truly to be ma~e bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor, on the ?Rth day of May , 20laentered into a certain contract with the City, hereto attached, for BID NO. 04-02103, Entitled: TO PROVIDE GROUNDS MAINTENANCE SERVICES, which Contract is made a part hereofby reference thereto. NOW, THEREFORE, THE CONDITION OF THIS OBLlGATJON IS SUCH, that. if the Contractor shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said Contract, and all duly authorized modifications of said Contracl that may hereafter be made, notice of which modifications 10 the Surety being hereby waived, then this obligation shall be void; otherwise to remain in full force and effect. WHENEVER the Principal shall be and is declared by the City to be in default under the Contract, or whenever the Contract has been terminated by default of the Contractor, the City having performed the City's obligations thereunder, the Surety shall: J. Complete the Contract in accordance with its terms and conditions, or at the City's sole option. 2. Obtain a Bid or Bids for submission to the City for completing the Contract in accordance with its terms and conditions, and upon determination by the City and the Surety of the lowest responsible Bidder, arrange for a Contract between such Bidder and the City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the. balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price" as used in this paragraph, shall mean the total amount payable by the City to the Contractor under the Contract and any amendments thereto, less the amount properl{paid by the City to the contractor. BID NO: O4-OUOJ DATE: 11113101 CITY OF MIAMI BEACH 30 4-1~) 03 C 1-, C- -. ; No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein or the successors or assignees thereof. The Surety shall and does hereby agree to indemnify the City and hold it harmless of, from and against any and all liability, loss, cost, damage or expense, including reasonable attorneys fees, engineering and architectural fees or other professional services which the City may incur or which may accrue or be imposed uJ10n it by reason of any negligence, default, act andlor omission on the part of the Contractor, any Subcontractor and Contractor's or Subcontractors agents, servants and/or employees, in, about or on account of the Construction of the work and performance of said Contract by the Contractor. This Bond shall remain in full force and effect for such period or periods of time after the date of acceptance of the project by the City as are provided for in the Contract Documents, and the Contractor hereby guaranlees to repair or replace for the said periods all work performed and materials and equipment furnished, which were not performed or furnished according to the terms of the Contract Documents. !fno specific periods of warmnty are stated in the Contract Documents for any particular item of work, material or equipment, the Contractor hereby guarantees the same for a minimum period of one (1) year from the date of fmal acceptance by the City of the entire project. Any suit on this bond must be instituted within such period or periods as may be provided by law. BID NO: 04-02103 DATE: 11/13/01 CITY OF MIAMI BEACH 31 IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the 28th day of May 2003 WITNESS: COUNTERSIGNED BY RESIDENT FLORIDA ijl;;J?Yl1~ (Copy of Agent's current License as issued by State of Florida Insurance Commissioner BID NO: 04-01103 DATE: IIfl3102 'I' ::;~ r(..... i PRINCIPAL: (If sole Proprietor or partnership) (Finn Name) BY Title: (Sole Proprietor or Partner) PRINCIPAL (If CorporatIon) Attest: ~IJl,.JbJU1I'tM ( retJIry) (CORPORATE SEAL) SURETY: Crntroctors BcnIi~ mrl Trnllrnrrp Co. By:~A A?d~ V'Attorney-ln-fad Peter J. &.r::hamn (Power of Attorney must be attached) CITY OF MIAMI BEACH 32 r_ i ; , ,~. ';;'-' . "":'."".. ,'/'C:: . ,-,'~i!\ -,'. : ~. .." . . ..". I t~ , ,:',t,:;- '..',:,::: :-;'f :,f .," . ; tf ;~ ~ ,_.'.:,;r : ,':i ," fl. , , " .:' " ,f.'l' ,~: ,-';f Parl ;ft13 ':JJ22 ", ; LABOR AND MATERIAL PAYMENT BOND (SECTION 255.05, FLA. STAT.) BY THIS BOND, We, ~l~ FllITilTnTPnt",l ('",no, Trr , as Principal, and CaltJ:CICtors Barlirg & Ins. Co. as corporation, as Surety, are bound to the City of Miami Beach, Florida, as obligee, herein called City, in the sum on 2S.(xx).OO for the payment of which we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payments to all claimants, as defined in Section 255.05 (I). Fla. Stat., supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the worle provided for in the contract; and Pays City all losses, damages, expenses, costs, and allomey's fees, including appellate proceedings, that the City sustains in enforcement of this bond. Perfonns the guarantee of all labor and materials furnished under the contract for the time specified in the contract, then this bond is void, otherwise it remains in full force, Any changes in or under the contract documents and compliance or noncompliance with any fonnalities connected with the contract or the changes does not affect Surety's obligation under this bond. The provisions of Section 255.05, Fla. Stal, are specifically adopted by reference and made a part hereof for the purposes specified therein. The contract dated May 28, 2003 between the City and Principal is made a part of this Bond by reference. Claimants are advised that Section 255.05, Fla. Stat., contains notice and time limitation provisions which must be strictly comPl,ied with. BID NO: 04-0U03 DA Tit: ltJt3/02 CITY OF MIAMI BEACH 34 IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the 28th day of May 20 03 . WITNESS: PRINCIPAL: (I f sole Proprietor or partnership) (Finn Name) BY Title: (Sole Proprietor or Partner) PRlNCJP AL (If Corporation) (CORPORATE SEAL) COUNTERSIGNED BY RESIDENT FLORIDA ijJF~ (C py of Agent's current License as Issued by State of Florida Insurance Commissioner SURETY: Crntroctors &n:li~ an:! Imuran::e Co. BY:~~~~~ Attorney-m-fact (po.wer of Attorney must be attached) Peter J. IU:harnn BID NO: 04-02103 DATE: 11113101 CITY OF MIAMI BEACH 35 , :.;"." '.:....,':; ,:,':"', ,...':-:,'>,,:>:'; ,;::,;;';:;: ,,:.,./:,., ':,:<:," ,.:::-:,:,' . <c':,,' :,:,:::'.; :.,c. ': "",),..,.." " "'~i:..':: <<~,:",:,"Ah:'+"" ....':..', ".., ' "/,'..',' ~1!IiII:r~;'LIMffED POWER OF ATJ'O~Y :d~;:'~>>>~.l" V~f~~'if:,I:kil< .. >'Not ValldfotBOfich ,'Exe&itedOn or'Aftet:'."dANtiAity t u> ;, ;,:,:,y ,. " i ,~<;;: ~ ,"; ,:, r/:~,"i >':,w:t.'j{X',;",/::;,}: .\:: Power of Attomev , Number: .. 89~078 Only an un,..at.. tered.., Orig!h..,.. at O,ft..hlS.. p.. o,w.... et.. ofA..ttomey d..oc ocwn.... ent Is 'ValId. A valid original of this docum, ent.."lsprtrtted. "on ~y sec:urlty pallet' with black and.red Ink and beat5 the seal of Cotlttactors Bonding and Insurance Company . (the ~ComJl!U1y"); The otlglrialdocwnent contains a watetinark with the letters "cblc" embedded In the paper rather that printed upon it. TIle watermark appears lrt the blank space beneath the words, "Um\ted Power of Attorney" at the top of the document and Is VIsible when the document Is held to the I1ght. TIlls document Is valid solely In i ,conneCtlon~th the I!)tecution and dellvery of the bondbearlng the numbelindicated below, and provided also , that the bOnd Is of the type indicated below. 1bls document is valid only If the bond is executed on or before the date lrtdicated above. ' L':~'~::::},? ;)IJ~:.:t}:,;;,?'<::" ~},.;,.,.:,.~:.,;:i<:1i:q. .:.:,". .. ,', ,'. .,: ;:' .''' ..' mOW ALL'IIBN .BYTJUCSBPRBS)ClfTS, that .the. ComPany dod her.by milk., constituh and appoint th.....foll~ingi..DORAN BROWN and PB'rBR BtICBANAN its true and lawful Attorn.y..<.kin-ractlr1d.thfull power aild authority her.by conferr.d in its n....; .plaa.~nf1n~,t,.d,~o_.cute,:: acknowledge andd.lher on b.half of the companyt tl),atlY"~4tlll'bond. and \lndertakingil of sur.tyship giv.n for any purpos., prc)vii1e4..'hMv.r, that no such person shall b. authoriz.d to .x.cut. and,,;4.1iy~ran:ln!~Ji,d or.l1nd.rtaJr..i:.ng that.l!hllll obligate the Company for any '~rtioD' ~ft,h.,~enal.UlIl th.reof.inuc." of $lO~OOo,OOO,and provid.d, !,tu~h.Ji;\"tJ1at:Do;:a.ttCirn.Y-in...l'act .hall hlln the authority tobsu. a bid or 'i'r...ll:bOnd' for'ey: proj.ct'where, if'a: contrllct 18 a_rd.d" llny bond or ' iunda2:takinll'j'WOuld':be,requir.c1:with penal .umin ._c... of .$10,000,000; and, (4) con.ent., r.le....;an4i,bthlllr:.1milar documents "r.quir.d by an oblige. und.r Ill. Clont.ract bond.dbyth. Company. '!'his appointm.nt is mad. under the author! ty of ?the"~Uc!! of'Dir.ct:Ot.l'lof';tbe ',' cOlilpany. -........... --......----.. - - "''''- -- -- - - - -- - -- -- -- - -- - -- >~..:""........+......,-............~..'t [oo:,\'!'4,j ~_,...'": ~,-...-.."'--.."'--.. "'... -..'" ...,...,---...- - - - - --- - - -- - - - --- - -:"'S7- - --7 tf;t!t,"T'-:-:-..t-..""-~ -iT' --.. -,-...'.,... ,-:--r-:...r,r-.. ....---...,. -.,..,. --- - -- - - - -- --- - - - ---- - -- - -- ...-7 -77 ~~~:~~~:::E:E~::::f:::::::::::::::E:::::::::::::::::::::::::::::::::::: ~\l.'i'~'':;;;:..._'.;.4''...''", ..'...;,;.....i~._.. .......- ......-...-... -.. .-....-- ........-- -.......- - --.. -- -----"'-.. -'" -........- --- -- ---'" .'. ,',' ,'.' " .. !'~';'''',:";'_.l."",,,,''';~'''''''''''''-~'''''''~'''' .....-:-- --- ----- --- --- -- ---.-..- -- - -.., --- - -- --'" --- -- - - -- - - - -,-"'- d.~ ,:,:",:,,;:':-:',':',:;', .:,:t' . MB .5022 . k,~!6e4.and sealed,this Ib1~,:w'h+'T, :;J:'}?'::':<,>::;;' '-::~::3 ,,;:::,: . ;~wir: '\ ;:::}~ \~:/ ",28th ".~, " " ,> '.," . Robert K.Elarid,~ia,.t}'. {: . CBIG. e12i3va1Iey street "P.O. Box9271. Seattle, WA911109~21i (~) 622-7053 ;.. (800) .765-CBIC (lbll Free) ". (800) 950:15~8FAX PoaLPOA.OS-U 702, 2003 FLORiDA DEPARTMENT OF iNSURANCE KAREN L ~E,MCGHl;E License N . 116629' 'Sl~to 'OLl~ Gene!"' Lln. t _ \~ & ~_~sl .:. - - ..:...~ .. 1- . .-' ~ .. ""~ .... ....."'" T11\s'-- mllSl"""" .n act"'" .""",",""'"' 'lOIIh ,he Insu,e' Of ""'~ IOf....ich pooduc\$ Of ~.... being ma<l<eled. see ,...,."...IOf edd";oneI 'e<lul,emenIS. ,.1: , ". i 4 , ~' ,~, ~~, f , .' .' j p ~BD... -~;,)'.~.:.:-.,..,...... .....I!lglllllllll~l~[I,JJIIBlmmm> ;~i~;mJ;~ . UUUUUUU .uu.u.uu THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE FRANK H. FURMAN, INC. FRANK H. F~ #A091425 P. O. BOX 1927 POMPANO BEACH, '. FL 33061 COMPANY A CONTINENTAL CASUALTY INS - EVERGLADES ENVIRONMENTAL CARE INC 16705 N W 122ND AVE MIAMI FL 33018 COMPANY B COMPANY C 1lfIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONomONS OF SUCH POUCIES. UMrTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. """ 01' III8UflAIICI! POUCY IIUMIIl!II POUCY EFFECTIVE POLICY EXPtRA110H DA11t (MM/IlDiYY) DATI! (MMJllOIYY' LIMIT8 2055365233 12 19 0212/1903 GENERAL AGGREGATe .2,000,000 PROOUCTS . COMPIOP AGG .2 , 000 , 000 PERSONAL & ADY INJURY .1, 000, 000 EACH OCCURRENCE .1 , 000 000 ARE DAMAGE (Any ore h" 5 0 0 0 0 MED EXP (Any ore _I' 5 0 0 0 ~ COMBINED SINGLE LIMIT . BODILY INJURY 1,,",_1 . BODILY INJURY (p., ocddonI) . PROPERTY DAMAGE . AUTO ONLY. EA ACCIDENT . OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATe EACH OCCURRENCE AGGREGATe THE PIlOPRlEYDRI PARlNER8IEXECl/TlYE 01'PlCER8 ARE: - I'lCl !XCI. B. EACH ACCIDENT . B. DISEASE.POLICY LIMIT . B. DISEASE.EA EMPLOYEE . CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY FOR THE OPERATIONS OF THE NAMED INSURED ONLY. ,.>>>>,.,\!:!M9~tw:t:n:::;iJtMtttI :::;::::::~:::::::;:;:;::;;:::; tQ'"C~.l'~llQ!Jr'.i ........................................ ;.:.;.:.;.:.:.:.:.:.:.:.:.:-:.-:.:.:.:.:::.:.:.:.;.;.:.:.;.:,....:.;.;.:.:.;.:::.:.::;.;::.;.;::.:.:.::;::.:.:.:.:. .............................,................,',..,.... ;;:;:::;;;:::;::\i:~:i:~:~:::~:::}}::;:::i:~:~:i:~:::::::;:~:~:~:;;~:;:~:::i::::::::::::::::-:.::..:.: ........"...........,.....-.,..-........ ..........................-..,....... ......... -.......,........,..... ............',.................. .......................... ..................... 'd , . t: I~' '" J' ::,:%/ WftHitffiWm :::::::::~:::::::::::::::::::::~:::::::.~:::J11I\Jr~L2~~1?~~/1~t~:t)tl/@[m:g~t::.:. IIIlOUUI MY OF TIE ABOVE OESeRBED POLICES BE CAHCELUD BEFORE TIE EXPtRA110H DATe 1'IEREOF, TIE ISBU_ COMPMY Wll EHIIEAYOR TO MAL l.L DAYS WIUr11tH N011CE TO TIE CER1W'ICA11t HOUIER NAMED YO TIE LEFT, BUT FALURE YO MAL SUCH N011CE SHALL "POSE NO OIIUOA11OH OR UAIIIUTY OF MY om UPON TIE COMPMY ITS AGEHTlI OR REPRESEHrA11YES. .:=2~~~~ij~.J;~~ti~ai.j CITY OF MIAMI BEACH 1700 CONVENTION CENTER DR MIAMI BEACH FL 33139 ~ r ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDJYYYY) 02/12/03 .,. iiiiODUCElI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION . Peter J Buchanan ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Bateman, Gordon & Sands, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR . ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 1270 '. Pompano Beach, FL 33061 INSURERS AFFORDING COVERAGE NAIC# INIURJ!D INSURER A: Amerlsure Everglades Environmental Care, Inc. INSURER B: P.O. Box 297200 INSURER c: Pembroke Pines, FL 33029 INSURER 0: INSURER E: Cllent#. 43494 EVEEN COVERAGES. ; THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR it MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POUClES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS. ~ rI = TYPE OF INSURANCE POUCY NUMBER I P~~~:.':~~E p~~.~~~ LIMITS , l~ ~NERAL UABIUTY EACH OCCURRENCE $ ~. DAMAGE TO RENTED ii COMMERCIAL GENERAL LIABILITY $ ,. I CLAIMS MADE 0 OCCUR . , MED EXP (Any one .,.rsonl $ ~ PERSONAL & ADY INJURY $ ~ GENERAL AGGREGATE $ n'LA~n LIMIT APnS PER: PRODUCTS. COMPIOP AGG $ i. POLICY ~~ LOC . A ~UTOMOIIILE UABlUTY CA 1293566070001 12/19/02 12/19103 COMBINED SINGLE LIMIT $1,000,000 ~ ANYALlTO (Ee 8ccldent) . ~ AU OWNED AUTOS M14: BODILY INJURY ~ (POI personl $ gi ~ SCHEDULED AUTOS " ~ HIRED ALlTOS ,t, l> BODILY INJURY $ ~ NON.owNED AUTOS (Per Bccldent) , [0' ~ PROPERTY DAMAGE $ ,\' (Per accident) ;,. AUTO ONLY. EA ACCIDENT . RE UABlUTY $ r ANY AUTO OTHER THAN EA ACC 5 II! . AUTO ONLY: AGG 5 ~ - pESSI\IMBRELLA UABlUTY EACH OCCURRENCE $ 'A OCCUR 0 CLAIMS MADE ~' AGGREGATe 5 $ R DEOUCTlBLE $ I. RETENTION $ $ A WORKERS COMPENSA11ON AND WC129356504 12/19/02 12/19/03 X I TVJ~N~W~ I 10~' < EMPLOYERS' UABlUTY 5100000 ANY PROPRIETORIPARTNERlEXECLlTIVE EL EACH ACCIDENT OAACER/MEMBEREXCLUDED? E.L DISEASE, EA EMPLOYEE 5100,000 J; ~.-- $500,000 ECIAL PROVISIONS below E.L DISEASE. POLICY LIMIT OTIER DllCRlPT10ll OF OPERA11OHS I L0CA11OHS I YEIICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROYlSIONS , ~orkers compensation. In the event of cancellation 30 days notice applies. '. t " , ~~7 I ~: , i- t t ). ~ City of Miami Beach 2100 Meridian Avenue MiamI Beach FL 33139 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATe THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATe HOLDER NAMED TO THE LE", BLIT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LlABIUTY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. A REPRESENTATIVE CERTIFICATE HOLDER f.., t,. ACORD 25 (2001108) 1 of 2 1., ~ CD Gl ACORD CORPORATION 1988 #S126041/M124674 ~; IMPORTANT If the certifICate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. I ACORD 25-S (2001108) 2 of 2 #S1260411M124674 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov Procurement Division Telephone 305 673-7495 Facsimile 305 673.7851 March 25, 2003 TO ALL CITY OF MIAMI BEACH VENDORS RE: PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS The General Municipal Election for 2003 is under way and some candidates have already filed their intent to run for the office of Mayor or Commissioner for the City of Miami Beach. It is of utmost importance that you familiarize yourself and adhere to the requirements set forth in the City's Vendor Prohibited Campaign Contributions Ordinance No. 2003-3389 (the .Ordinance"). Failure to adhere could result in your disqualification from transacting business with the City for a period of time. The Ordinance was adopted to ensure that no person who is a vendor of the City of Miami Beach, gives a campaign contribution directly, or through a member of the person's immediate family, or through a political action committee, or through any other person, to a candidate, or to the campaign committee of a candidate, for the offices of Mayor or Commissioner. This prohibition applies to natural persons and to persons who hold a controlling financial interest in business entities. The definitions of "vendor" and "controlling financial interest" are as follows: "Vendor" means a person and/or entity who has been selected by the City as the successful bidder on a present or pending bid for goods, equipment or services, or has been approved by the City on a present or pending award for goods, equipment or services, prior to or upon execution of a contract, purchase order or standing order. "Controlling Financial Interest" means the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. "Firm" means a corporation, partnership, business trust or any legal entity other than a natural person. The City will ensure that prior to recommending any vendor for a contract award and/or issuance of a purchase order that vendors are not in violation of the Ordinance. The City will not recommend the award of a contract or issue a purchase/standing order unless the City knows the names of the individuals with a controlling financial interest as defined above. Please provide the names of all individuals or entities (including your sub- consultants) with a controlling financial interest to the following address: City of Miami Beach Procurement Division 1700 Convention Center Drive Miami Beach, FL 33139 Failure to provide the following information will result in future contract award(s) or purchase order(s) not being awarded or issued. Vendors with existing contracts or purchase orders must also provide this information to avoid termination and/or non- renewal of contract or purchase orders. Please complete the attached document and return to the above address by April 14, 2003. Should you need additional information or clarification, I may be reached by phone 305.673.7490; fax: 305.673.7851; or e-mail: quslopez@miamibeachfl.qov. Sincerely, OPez,kB ement Director Gus Proc Attachment: Vendor Campaign Contribution Ordinance Questionnaire c: Mayor and Members of the City Commission Jorge M. Gonzalez, City Manager Murray Dubbin, City Attorney Mayra Diaz Buttacavoli, Assistant City Manager Robert Parcher, City Clerk JMG:MDB:GL F:IPURC\$ALLlGUSICITYMGRIVendorCampalgnProhibition.doc ,~~' ,t ,. ~ , . VENDOR CAMPAIGN CONTRIBUTION ORDINANCE . QUESTIONAIRE (PLEASE PRINT CLEARL Y OR TYPE) Vendor Name: CVUo)J<tJf?f ~rJV,'rDNMt-Jh! Ove Ie. 70S- N. ~ Jdd- )4ve MI'"",,; FJ. 3,'~c>/~ Street Address: Teleohone Number: 30s 8'd-8-8 i}.B d- E-Mail Address: Facsimile Number: 30~ :8'Q-~ -8oRo OWNER'S} WITH CONTROLLING FINANCIAL INTEREST: NAME TITLE o I'M NOT A VENDOR. ~WE DO NOT HAVE ANY INDIVIDUALS WITH A CONTROLLING FINANCIAL E:~~ .~.~ Da?lo~J INVITATION FOR BIDS TO PROVIDE GROUNDS MAINTENANCE SERVICES BID # 04-02/03 BID OPENING: DECEMBER 18,2002, @ 3:00 P.M Gus Lopez, CPPO, Procurement Director City of Miami Beach - Procurement Division 1700 Convention Center Drive Miami Beach, FL 33139 F:\PURC\$ALL\Mirtha\BIDS\04-02-03 grounds maint\04-02-03 CONTRACTOR BID NO: 04-02103 DATE: 11/13/02 CITY OF MIAMI BEACH I CITY OF MIAMI BEACH m 1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139 hltp.llci .miam i-beach. fl. us PROCUREMENT DIVISION Telephone (305) 673.7490 Facsimile (305) 673.7851 INVITATION TO BID NO. 04-02/03 ADDENDUM NO.1 December 16, 2002 To Provide Grounds Maintenance Services is amended as follows: I. The Bid Opening Date is changed from December 18, 2002, to December 20,2002, @ 3:00 p.m. II. Clarifv: Reference Page 41, Section 3.3, "Project Supervisor" (Second Paragraph) The requirements of the Project Supervisor remain as so stated. ("The Project Supervisor shall have a four (4) year degree in Horticulture from a U.S. accredited college....) III. Clarifv: Reference Page 53, Section 5.8.1, "Pest Control Vehicle," The vehicle may be driven by other than the Company's Certified Pest Control operator, however the actual operation of the spray unit must be operated by the company's certified pest control operator. Bidders are required to acknowledge receipt of this Addendum No.1, on Proposal Page 68, "Acknowledgement of Addenda", or the bid may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPQ ~L Procurement Director 0 mp] CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY lQ ..... CQndensed TItle: Request for Approval to Award a Contract to Everglades Environmental Care, Inc., as the Primary Vendor to Provide Grounds Maintenance Services for an Estimated Annual Amount of $120,000, Pursuant to Bid No. 04-02/03; Further Request Approval to Award a Contract to Thomas Maintenance Service, Inc. as the Seconda Vendor in the event the Prima Vendor Cannot Fulfill their Contractual Obli atlons. Issue: Shall contracts be awarded to the only two bidders, Everglades Environmental Care, Inc. (Primary Vendor) and Thomas Maintenance Service Inc. Seconda Vendor? Item SummarY/Recommendation: Based on the analysis of the bids received. it Is recommended that a contract be awarded to Everglades Environmental Care, Inc., as the Primary Vendor, To Provide Grounds Maintenance Services; further recommending that a contract be awarded to Thomas Maintenance Service, Inc as the Secondary Vendor to be used in the event that the Primary Vendor cannot fulfill their contractual obligations. The work specified in Invitation to Bid No. 04-02103 (the "Bid"). shall include but not be limited to, litter retrieval and waste disposal. landscape maintenance, herbicide/insecticide application, irrigation system operation maintenance/repair, traffic control, and replacement of plants as required for the following locations: Zone A: From the Eastern Boundary of the Course on Chase Ave. West to Alton Rd. Zone B: Alton Rd South to Michigan Ave. Zone C: Michigan Ave.lDade Blvd South-East to Meridian Ave. Zone D: Meridian Ave. North to 28th Street and East to the Eastern Boundary of the Course. Zone E: The swale and median entrance to Sunset I & II. The North and South City swale/ median along 29th Street from Bay Road West to the Bridge and the center chop directly to the West of the bridge. Advisory Board Recommendation: I Financial Information: Source of Amount Account Approved Funds: 1 $50,000 011.0945.000312 - FY 02103 Budget / 2 $70,000 011.0945.000312 - Will be included in the FY 03/04 Budaet C 3 4 V 5 Finance Dept. Total $120,000 City Clerk's Office Legislative Tracking: I KEVIN SMITH T:\AGENDA\2003\apr3003Iconsenl\GROUNDS-s mmary04-02-03.doc City Manager c~c. DATE ~-3:7-o3 13 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Date: April 30, 2003 Members of the City Commission Jorge M. Gonzalez a'A~ City Manager ~ - 0 REQUEST FOR ~ PROVAL TO AWARD A CONTRACT TO EVERGLADES ENVIRONMENTAL CARE, INC., AS THE PRIMARY VENDOR TO PROVIDE GROUNDS MAINTENANCE SERVICES FOR AN ESTIMATED ANNUAL AMOUNT OF $120,000, PURSUANT TO BID NO. 04-02/03; FURTHER REQUEST APPROVAL TO AWARD A CONTRACT TO THOMAS MAINTENANCE SERVICE, INC. AS THE SECONDARY VENDOR TO BE USED ONLY IN THE EVENT THAT THE PRIMARY VENDOR (EVERGLADES ENVIRONMENTAL CARE INC.) CANNOT FULFILL THEIR CONTRACTUAL OBLIGATIONS. ADMINISTRATION RECOMMENDATION Approve the Contract Awards, AMOUNT AND FUNDING: $50,000 - Funds are available from Budget Account No. 011.0945.000312 in FY 02103. $70,000 - Funds will be included in Budget Account No. 011.0945,000312 in FY 03/04. $120,000 ANALYSIS: The work specified in Invitation to Bid No. 04-02/03 (the "Bid"), shall include but not be limited to, litter retrieval and waste disposal, landscape maintenance, herbicidelinsecticide application, irrigation system operation maintenance/repair, traffic control, and replacement of plants as required for the following locations: Zone A: Zone B: Zone C: Zone D: Zone E: From the Eastern Boundary of the Course on Chase Ave. West to Alton Rd. Alton Rd South to Michigan Ave. Michigan Ave.lDade Blvd South-East to Meridian Ave. Meridian Ave. North to 28th Street and East to the Eastem Boundary of the Course. The swale and median entrance to Sunset I & II. The North and South City swale/median along 29th Street from Bay Road West to the Bridge and the center chop directly to the West of the bridge. 14 ~ Bid No. 04-02/03 Page Two April 30, 2003 ANALYSIS: lContinued) The cost of the flowering annuals is an additional cost factor not Included in the estimated annual amount of $92.400 for the Grounds Maintenance Service. The Parks and Recreation Department projects an approximate yearly replacement of 30,000 annuals along the golf course perimeter. The quantity of annuals used on this site will be reduced to approximately 15,000 yearly. The reduced quantity of annual flowers will be utilized within the project as accent planting and seasonal color change. This will increase the estimated annual amount of this contract by $27,600 for a total of $120,000. Perennial flowering plants will be substituted within the project in the remaining planting beds, utilizing existing operating funds and staff from the Landscape Division. The entrance to Sunset Islands 1&11 currently utilize a majority of Perennial flowering plants and annual flowers as seasonal color with positive results. The contracts shall remain in effect for a period of two (2) years, Providing the successful bidder(s) will agree to maintain the same price, terms and conditions of the current contract, this contract could be extended for an additional two (2) years, on a year-to-year basis, if mutually agreed upon by both parties, Safeguards for the City's protection have been made a part of this contract, The Contractor will be required to provide Performance and Payment Bonds in the amount of $25,000 each, and evidence ofrequired insurance within fifteen (15) calendar days after notification of award of the Contract. Pursuant to Ordinance No. 2001-3301, City Service Contracts involving the expenditure of over $1 00,000 per year and which includes park and public place maintenance is subject to the Living Wage Requirements. All employees who provide services under this contract shall be paid a Living Wage of no less that $8.56 an hour with health benefits(at least $1.25 an hour towards health benefrts), or a Living Wage of no less than $9.81 an hour without health benefits. The Contractors will maintain, on a twenty-four (24) hour on-call basis, by pager, two way radio, or cellular telephone, a staff sufficient to address emergency contingencies (Le., hurricanes, tornados, floods, etc.) which may arise from time to time. CONDUCT Conduct standards for Contractors' employees should meet or exceed those required for City employees. The following are some guidelines: * Drugs and alcohol, or their use, is not permitted on City property nor are personnel allowed on property while under the influence of such substances. * Firearms or other weapons are strictly forbidden. * Fighting or loud, disruptive behavior is not permitted. 15 Bid No. 04.Q2/03 Page Three April 30, 2003 ANALYSIS: (Continued) All personnel will be subject to applicable City safety and security rules and procedures pertaining to conduct, vehicle use, property access, etc. SAFETY Contractors agree to perform all work outlined in the Contracts in such a manner as to meet all accepted standards for safe practices during the maintenance operation, to safely maintain equipment, machines, and materials, and to remedy hazards consequential or related to the work. The Contractors further agree to acceptthe sole responsibility for compliance with all local, County, State or other legal requirements including but not limited to: · Full compliance with the terms of applicable O.S.HA Safety Orders. · Requirements of the Florida Deoartment of Transoortation Manual of Traffic Controls and Safe Practices For Street and Highwav Construction. Maintenance and Utilitv Ooerations, at all times so as to protect all persons including Contractor's employees, agents of the City, vendors, and members of the public or other firms from injury or damage to their property. The City, through its Project Manager, reserves the right to issue immediate restraint or cease and desist order(s} to Contractors when unsafe or harmful acts are observed or reported relative to the performance of the work under the Contracts. RECORDS All documents, books and accounting records shall be open for inspection at any reasonable time during the term of the Contracts and for three (3) years audit ofthe books and business conducted by Contractors and observe the operation of the business so that accuracy ofthe above records can be confirmed. All employment records shall be open for inspection and re-inspection by the City, at any reasonable time during the term of the Contract. The Bid was issued on November 21, 2002, with an opening date of December 20, 2002. As a result of questions received from prospective bidder, one (1) Addendum was issued. DemandStar by Onvia issued bid notices to 1339 prospective bidders, resulting in 29 vendors requesting bid packages, which resulted in the receipt of two (2) responsive bids. 16 Bid No. 04.02103 Page Four April 30, 2003 ANALYSIS: {Continued} References have been checked by Procurement staff, Dun and Bradstreet reports have been secured and Everglades Environmental Care, Inc. comes highly recommended. Everglades Environmental Care, Inc, has been in business for seven (7) years as a Lawn Sprinkler and Lawn Maintenance/Pest Control Contractor, and pursuant to reference checks, Everglades Environmental Care, Inc provides quality work and completes all jobs within the required completion dates. Additionally, pursuant to reference checks for Thomas Maintenance Service, Inc. they have been in business for twenty-two (22) years as a Lawn/LandscapefTree Service Contractor and also provide quality work and complete all jobs within the required completion dates. Thomas Maintenance Service submitted a lower bid price for Zones B & E. The Procurement Division requested clarification of their bid for these locations with the intent of recommending award(s) on the lowest bidder per zone, which would be considered to be in the City's best economic interest. Mr. Thomas, President of Thomas Maintenance, understood the award to be based on the lowest grand total, and that the award would be on an all or none basis. Therefore, when formulating their bid, they estimated the total cost for all areas, and simply distributed the costs to each zone. Should they receive the award for Zones B & E only, they simply could not provide the required grounds maintenance services at their bid prices. CONCLUSION: Based on the analysis of the bids received, it is recommended that a contract be awarded to Everglades Environmental Care, Inc. as the Primary vendor To Provide Grounds Maintenance Service, Pursuant to Bid No. 04-02/03, based on the lowest grand total; further recommending that a contract be awarded to Thomas Maintenance Service, Inc. as the secondary vendor to be used in the event the primary vendor (Everglades Environmental Care, Inc) cannot fulfill their contractual obligations. JMG:RCM:KS:GL T:\AGENDA\20031apr3003\consentIGROUNDS-C0rnmMern004.2-03.doc 17 Bid No. 04-02103 Page Five April 30 2003 BID TABULATION VENDOR ZONE PRICElYEAR EVERGLADES ENVIRONMENTAL CARE, INC. A $20,000 B $42.000 C $6.000 D $6.000 E $18.000 GRAND TOTAL $92.400 VENDOR ZONE PRICElYEAR THOMAS MAINTENANCE SERVICE, INC. A $25.200 -B $25.200 C . $25.200 D $15.600 ** E $15.600 GRAND TOTAL $106.800 - MR. MELVIN THOMAS, PRESIDENT OF THOMAS MAINTENANCE SERVICE, INC. STATED THAT HIS BID IS BASED ON AN ALL OR NONE AWARD, AND THAT HE CANNOT PROVIDE THE REQUIRED SERVICES, SHOULD HE RECEIVE THE CONTRACT AWARD FOR ZONES B & E ONLY. EVERGLADES ENVIRONMENTAL CARE INC. Labor Rates ( for Work other than specified herein, at the direction of the City) Job Classification Hourly Rate $25-$35 $20-$30 $35-$45 $35-$45 $35-$45 $35-$45 $50-$75 $35-$45 Houri Houri Houri Houri Houri Houri Houri Houri 18 Bid No. 04.Q2I03 Page Six April 30 2003 EVERGLADES ENVIRONMENTAL CARE INC. Materials ( for Materials not specified herein, to be Installed at the direction of the City) St. Au ustine Sod Shredded Cress Mulch Seasonal Color 4" liners For all other materials not 5 ecified. THOMAS MAINTENANCE SERVICE, INC. Labor Rates ( for Work other than specified herein, at the direction of the City) Job Classification Hourly Rate $25-$37.50 $10-$15 $25-$37.50 $25-$37.50 $16-$24 $25-$37.50 $60-$90 $25-$37.50 THOMAS MAINTENANCE SERVICE, INC. Materials ( for Materials not specified herein, to be installed at the direction of the City) St. Au ustine Sod Shredded Cress Mulch Seasonal Color 4" liners For all other materials not s ecified. 19 CITY OF MIAMI BEACH [Q 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 hllp: \\ci.miami-beach.ll.us PROCUREMENT DIVISION Telephone (305) 673.7490 Facsimile (305) 673-7851 PUBLIC NOTICE INVITATION TO BID NO. 04-02/03 Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 18tb day of December 2002 for the following project: TO PROVIDE GROUNDS MAINTENANCE SERVICES (Swale Area ofthe Miami Beach Bayshore Golf Course) Scope of Work: The work specified in this bid consists of fumishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, and services necessary for the Grounds Maintenance Service, as identified in the Bid Documents. Zone A: From the Eastern Boundary of the Course on Chase Ave. West to Alton Rd. Zone B: Alton Rd South to Michigan Ave. Zone C: Michigan A ve./Dade Blvd South-East to Meridian Ave. Zone D. Meridian Ave. North to 28th Street and East to the Eastern Boundary of the Course. Zone E. The swale and median entrance to Sunset I & II. To include: The North and South City swaleJmedian along 29th Street from Bay Road West to the Bridge and the center chop directly to the West of the bridge. Minimum Requirements: The Contractor must have a minimum of 2 years continuous service/experience in the State of Florida providing Grounds Maintenance Service. The Contractor shall be fully licensed with all required State and/or Local govemment licenses, and permits (irrigation, pest control, horticultural services, etc.). The Contractor must have a proven history in the care and maintenance of South Florida plant material. Contractor shall provide at least two (2) separate references for Grounds Maintenance Service projects completed, with each project having a total cost of fifteen-thousand dollars ($15,000) or higher. Estimated Budget: 5110,000.00. A Pre-Bid Conference will be held at 2:00 P.M. on DECEMBER 4, 2002 at City of Miami Beach, City Hall, City Manager's Small Conference Room, located at 1700 Convention Center Drive, Miami Beach, Florida. Attendance at the Prebid Conference is highly encouraged and recommended as a source of information but is not mandatory. BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 2 Bid Guaranty: A Bid Guaranty is not required for this bid, however the successful bidder will be required to provide Performance and Payment Bonds, in the amount of$25,000 each, and evidence of required insurance within ten (10) calendar days after notification of award of the contract. At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The city is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. The City has contracted with DemandStar by On via as our electronic procurement service for automatic notification of bid opportunities and document fulfillment. We encourage you to participate in this bid notification system. To find out how you can receive automatic bid notifications or to obtain a copy ofthis Bid, go to www.demandstar.com or call toll-free 1-800- 7II-1712, and request Document #043. Subscribing to DemandStar by Onvia's bid notification system is not a requirement. You wiII stiII be able to find bid information and download documents through the City's website (bllD:I/cL!!li,I!!li:I~'il:bJl!I.!i. From the City's home page, click on Procurement and follow the instructions. Any questions or clarifications concerning this Bid shall be submitted in writing by mail or facsimile to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139, or FAX: (305) 673-7851, The Bid title/number shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled Bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF SILENCE, " IN ACCORDANCE WITH ORDINANCE NO. 99.3164. A COPY OF ALL WRITTEN COMMUNICA TION(S) REGARDING THIS BID MUST BE FILED WITH THE CITY CLERK. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CODE OF BUSINESS ETHICS" ("CODE"), IN ACCORDANCE WITH RESOLUTION NO. 2000-23879. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344. BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 3 YOU ARE HEREBY ADVISED THAT THIS BID SOLICITATION IS SUBJECT TO THE LOBBYIST FEE DISCLOSURE ORDINANCE NO. 2002-3363. YOU ARE HEREBY ADVISED THAT THIS BID SOLICITATION IS SUBJECT TO THE LIVING WAGE ORDINANCE NO. 2001-3301. ALL EMPLOYEES WHO PROVIDE SERVICES COVERED BY THE RFP, SHALL BE PAID A LIVING WAGE OF NO LESS THAN $8.56 AN HOUR WITH HEALTH BENEFITS, OR A LIVING WAGE OF NO LESS THAN $9.81 AN HOUR WITHOUT HEALTH BENEFITS. CITY OF MIAMI BEACH /' . i Gus Lopez, CPPO Procurement Director BID NO: 04-02/03 DATE: Jl/13/02 CITY OF MIAMI BEACH 4 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 htlp :\\Ct. miamj.bea ch _ fl. us -- PROCUREMENT DIVISION Telephone (3051 673-7490 Facsimile (305) 673.7851 BID #04-02/03 I NOTICE TO PROSPECTIVE BIDDERS NO BID If not submitting a bid at this time, please detach this sheet from the bid documents, complete the infonnation requested, and return to the address listed above. NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICA TED: _Our company does not handle this type of product/service. _We cannot meet the specifications nor provide an alternate equal product. _Our company is simply not interested in bidding at this time. _Due to prior commitments, I was unable to attend pre-proposal meeting. _OTHER. (Please specify) We do _ do not _ want to be retained on your mailing list for future bids for the type or product and/or service. Signature: Title: Company: Note: Failure to respond, either by submitting a bid!!! this completed form, may result in your company being removed from the City's bid list. BID NO: 04-02103 DATE: 11113/02 CITY OF MIAMI BEACH 5 TO PROVIDE GROUNDS MAINTENANCE SERVICES BID # 04-02/03 1.0 GENERAL CONDITIONS 1.1 SEALED BIDS: Original copy of Bid Form as well as any other pertinent documents must be returned in order for the bid to be considered for award. All bids are subject to the conditions specified hereon and on the attached Special Conditions, Specifications and Bid Form. The completed bid must be submitted in a sealed envelope clearly marked with the Bid Title to the City of Miami Beach Procurement Division, 3rd floor, 1700 Convention Center Drive, Miami Beach, Florida 33139. Facsimile bids will not be accepted. 1.2 EXECUTION OF BID: Bid must contain a manual signature of an authorized representative in the space provided on the Bid Form. Failure to properly sign bid shall invalidate same and it shall NOT be considered for award. All bids must be completed in pen and ink or typewritten. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the bid. Any illegible entries, pencil bids or corrections not initialed will not be tabulated. The original bid conditions and specifications CANNOT be changed or altered in any way. Altered bids will not be considered. Clarification of bid submitted shall be in letter form, signed by bidders and attached to the bid. 1.3 NO BID: If not submitting a bid, respond by returning the enclosed bid form questionnaire, and explain the reason. Repeated failure to bid without sufficient justification shall be cause for removal of a supplier's name from the bid mailing list. 1.4 PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in special conditions). Discounts for prompt payment. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award ofbid(s). 1.5 TAXES: The City of Miami Beach is exempt from all Federal Excise and State taxes. State Sales Tax and Use Certificate Number is 04-00097-09-23. BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 6 1.6 MISTAKES: Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. 1.7 CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result ofthis bid shall be the latest new and current model offered (most current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 1.8 UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. 1.9 BIDDER'S CONDITIONS: The City Commission reserves the right to waive irregularities or technicalities in bids or to reject all bids or any part of any bid they deem necessary for the best interest of the City of Miami Beach, FL. 1.10 EQUIVALENTS: If bidder offers makes of equipment or brands of supplies other than those specified in the following, he must so indicate on his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. Bidder shall indicate on the bid form the manufacturer's name and number ifbidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA. Lacking any written indication of intent to quote an alternate brand or model number, the bid will be considered as a bid in complete compliance with the specifications as listed on the attached form. 1.11 (NOT USED) 1.12 (NOT USED) 1.13 NON-CONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications. Item delivered, not conforming to specifications, may be rejected and returned at vendor's expense. These items and items not BID NO: 04-02/03 DATE: 11113/02 CITY OF MIAMI BEACH 7 L delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in: A) Vendor's name being removed from the vendor list. B) All departments being advised not to do business with vendor. 1.14 SAMPLES: Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with bidder's name. Failure of bidder to either deliver required samples or to clearly identify samples may be reason for rejection ofthe bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. 1.15 DELIVERY: Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays. 1.16 INTERPRETATIONS: Unless otherwise stated in the bid, any questions concerning conditions and specifications should be submitted in writing to the Procurement Director, 1700 Convention Center Drive, Miami Beach, FL 33139. Fax (305) 673-7851. 1.17 (NOT USED) 1.18 (NOT USED) 1.19 BID OPENING: Bids shall be opened and publicly read on the date, time and place specified on the Bid Form. All bids received after the date, time, and place shall be returned, unopened. 1.20 INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title t%r risk of loss or damage to all items shall be the responsibility ofthe successful bidder until acceptance by the buyer unless loss or damage result from negligence by the buyer. If the materials or services supplied to the City are found to be defective or not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product at bidder's expense. 1.21 PAYMENT: Payment will be made by the City after the items awarded to a vendor have been received, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced. BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 8 1.22 DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision ofthe City shall be final and binding on both parties. 1.23 LEGAL REQUIREMENTS: Federal, State, county and city laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relieffrom responsibility. 1.24 (NOT USED) 1.25 (NOT USED) 1.26 PATENTS & ROYALTIES: The bidder, without exception, shall indemnify and save harmless the City of Miami Beach, Florida and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by The City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 1.27 OSHA: The bidder warrants that the product supplied to the City of Miami Beach, Florida shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the bidder responsible for same. 1.28 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence. 1.29 ANTI-DISCRIMINATION: The bidder certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 1.30 AMERICAN WITH DISABILITIES ACT: Call (305) 673-7490NOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance please call Heidi Johnson Wright, Public Works Department, at 305.673.7080. 1.31 QUALITY: All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. BID NO: 04-02/03 DATE: 11113102 CITY OF MIAMI BEACH 9 1.32 (NOT USED) 1.33 LIABILITY, INSURANCE, LICENSES AND PERMITS: Where bidders are required to enter or go onto City of Miami Beach property to deliver materials or perform work or services as a result of a bid award, the successful bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable Dade County and City of Miami Beach building code requirements and the South Florida Building Code. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder (or agent) or any person the bidder has designated in the completion of the contract as a result of his or her bid. 1.34 BID GUARANTY: N/A 1.35 DEFAULT: Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required equal to liquidated damages incurred by the City thereby, or where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the bidder's list 1.36 CANCELLATION: In the event any of the provisions of this bid are violated by the contractor, the Procurement Director shall give written notice to the contractor stating the deficiencies and unless deficiencies are corrected within ten (10) days, recommendation will be made to the City Commission for immediate cancellation. The City Commission of Miami Beach, Florida reserves the right to terminate any contract resulting from this invitation at any time and for any reason, upon giving thirty (30) days prior written notice to the other party. 1.37 BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted in DUPLlCA TE to the City of Miami Beach, Accounts Payables Department, 1700 Convention Center Drive, Miami Beach, Florida 33139. 1.38 (NOT USED) 1.39 (NOT USED) 1.40 NOTE TO VENDORS DELIVERING TO THE CITY OF MIAMI BEACH: Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 5:00 P.M. 1.41 SUBSTITUTIONS: The City of Miami Beach, Florida WILL NOT accept substitute shipments of any kind. Bidder(s) is expected to furnish the brand quoted in their bid once awarded. Any substitute shipments will be returned at the bidder's expense. BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 10 1.42 FACILITIES: The City Commission reserves the right to inspect the bidder's facilities at any time with prior notice. 1.43 BID TABULATIONS: Bidders desiring a copy of the bid tabulation may request same by enclosing a self-addressed stamped envelope with the bid. 1.44 BID PROTEST PROCEDURES: Bidders that are not selected may protest any recommendation for Contract award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for resulting protested bids and proposed awards. Protest not timely pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. 1.45 (NOT USED) 1.46 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS: If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true meaning of the specifications or other Bid documents or any part thereof, the Bidder must submit to the City of Miami Beach Procurement Director at least ten (10) calendar days prior to scheduled Bid opening, a request for clarification. All such requests for clarification must be made in writing and the person submitting the request will be responsible for its timely delivery. Any interpretation of the Bid, ifmade, will be made only by Addendum duly issued by the City of Miami Beach Procurement Director. The City shall issue an Informational Addendum if clarification or minimal changes are required. The City shall issue a Formal Addendum if substantial changes which impact the technical submission of Bids is required. A copy of such Addendum shall be sent by mail or facsimile to each Bidder receiving the Solicitation. In the event of conflict with the original Contract Documents, Addendum shall govern all other Contract Documents to the extent specified. Subsequent addendum shall govern over prior addendum only to the extent specified. The Bidder shall be required to acknowledge receipt of the Formal Addendum by signing in the space provided on the Bid Proposal Form. Failure to acknowledge Addendum shall deem its Bid non-responsive; provided, however, that the City may waive this requirement in its best interest. The City will not be responsible for any other explanation or interpretation made verbally or in writing by any other city representative. 1.47 DEMONSTRATION OF COMPETENCY: I) Pre-award inspection of the Bidder's facility may be made prior to the award of contract. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the City of Miami Beach. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City in BID NO: 04-02103 DATE: 11/13/02 CITY OF MIAMI BEACH It making the award in the best interest of the City. 3) The City may require Bidders to show proofthat they have been designated as authorized representatives of a manufacturer or supplier which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics ofthe products to be supplies to the City through the designated representative. Any conflicts between this material information provided by the source of supply and the information contained in the Bidder's Proposal may render the Bid non-responsive. 4) The City may, during the period that the Contract between the City and the successful Bidder is in force, review the successful Bidder's record of performance to insure that the Bidder is continuing to provide sufficient financial support, equipment and organization as prescribed in this Solicitation. Irrespective ofthe Bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful Bidder no longer possesses the financial support, equipment and organization which would have been necessary during the Bid evaluation period in order to comply with this demonstration of competency section. 1.48 DETERMINATION OF AWARD The City Commission shall award the contract to the lowest and best bidder. In determining the lowest and best bidder, in addition to price, there shall be considered the following: a. The ability, capacity and skill of the bidder to perform the Contract. b. Whether the bidder can perform the Contract within the time specified, without delay or interference. c. The character, integrity, reputation, judgement, experience and efficiency of the bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 1.49 ASSIGNMENT: The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract, including any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City of Miami Beach. 1.50 LAWS, PERMITS AND REGULATIONS: The bidder shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. 1.51 OPTIONAL CONTRACT USAGE: As provided in Section 287.042 (17), Florida Statutes, other State agencies may purchase from the resulting contract, provided the Department of Management Services, Division of Procurement, has certified its use to be cost effective and in the best interest of the State. Contractors have the option of selling these commodities or services certified by the Division to BID NO: 04-02103 DATE: 11113/02 CITY OF MIAMI BEACH 12 .. the other State agencies at the agencies option. 1.52 SPOT MARKET PURCHASES: It is the intent of the City to purchase the items specifically listed in this bid from the awarded vendor. However, items that are to be ASpot Market Purchased", may be purchased by other methods, i.e. Federal, State or local contracts. 1.53 ELIMINATION FROM CONSIDERATION This bid solicitation shall not be awarded to any person or firm which is in arrears to the City upon any debt, taxes or contracts which are defaulted as surety or otherwise upon any obligation to the City. 1.54 WAIVER OF INFORMALITIES The City reserves the right to waive any informalities or irregularities in this bid solicitation. 1.55 ESTIMATED QUANTITIES Estimated quantities or estimated dollars, ifprovided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this bid solicitation. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City for purposes of determining the low bidder meeting specifications may use said estimates. 1.56 COLLUSION Bids from related parties. Where two (2) or more related parties each submit a bid or proposal for any contract, such bids or proposals shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bids or proposals. Related parties mean bidders or proposers or the principals thereof which have a direct or indirect ownership interest in another bidder or proposer for the same contract or in which a parent company or the principals thereof of one (I) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for the same contract. Bids or proposals found to be collusive shall be rejected. Bidders or Proposers who have been found to have engaged in collusion may be considered non-responsible, and may be suspended or debarred, and any contract resulting from collusive bidding may be terminated for default. 1.57 DISPUTES In the event of a conflict between the documents, the order of priority of the documents shall be as follows: . Any agreement resulting from the award of this Bid (if applicable); then . Addenda released for this Bid, with the latest Addendum taking precedence; then . The Bid; then . Awardee's Bid. BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 13 ... ~ 1.58 REASONABLE ACCOMMODATION In accordance with the Title II of the Americans with Disabilities Act, any person requiring an accommodation at the RFP opening because ofa disability must contact Heidi Johnson Wright at the Public Works Department at (305) 673-7080. 1.59 GRATUITIES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this proposal. 1.60 SIGNED BID CONSIDERED AN OFFER The signed bid shall be considered an offer on the part ofthe bibber or contractor, which offer shall be deemed accepted upon approval by the City Commission of the City of Miami Beach, Florida and in case of default on the part of successful bidder or contractor, after such acceptance, the City may procure the items or services from other sources and hold the bidder or contractor responsible for any excess cost occasioned or incurred thereby. Additionally, the City may take such action. 1.61 BID CLARIFICATION: Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX: (305) 673-7851. The bid title/number shall be referenced on all correspondence. All questions must be received no later than seven (7) calendar days prior to the scheduled bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 1.62 TIE BIDS: Please be advised that in accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to vendors certifying that they have implemented a drug free work place program. A certification form will be required at the time of bid submission. 1.63 PUBLIC ENTITY CRIMES (PEC): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.64 DETERMINATION OF RESPONSIVENESS: Determination of responsiveness taken place at the time of bid opening and evaluation. In order to be deemed a responsive bidder, your bid must conform in all material respects to the requirements stated in their Bid. BID NO: 04-02103 DATE: 11/13/02 CITY OF MIAMI BEACH 14 1.65 DELIVERY TIME: Vendors shall specify on the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time, no ranges will be accepted, i.e.; ]2-]4 days.1.66INSURANCE AND INDEMNIFICATION: (See Check List for applicability to this contract) The contractor shall be responsible for his work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. He shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the contractor is acting as an independent contractor. The contractor, at all times during the full duration of work under this contract, including extra work in connection with this project shall meet the following requirements: Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory requirements of the State of Florida. Maintain Comprehensive General Liability Insurance in amounts prescribed by the City (see checklist for limits) to protect the contractor in the interest of the City against all risks ofinjury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations, independent contractor, broad form property damage, products/completed operations and contractual liability. Maintain Automobile Liability Insurance including Property Damage covering all owned, non- owned or hired automobiles and equipment used in connection with the work. Maintain any additional coverages required by the Risk Manager as indicated on the Insurance Check List. Name the City of Miami Beach as an additional insured on all liability policies required by this contract. When naming the City of Miami Beach as an additional insured onto your policies, the insurance companies hereby agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. A copy of the endorsement(s) naming the City of Miami Beach as an additional insured is required and must be submitted to the City's Risk Manager. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City of Miami Beach Risk Manager. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B+: VI or better per Best's Key Rating Guide, latest edition. Original signed Certificates of Insurance, evidencing such coverages and endorsements as required herein, shall be filed with and approved by the City of Miami Beach Risk Manager before work is started. The certificate must state Bid Number and Title. Upon expiration of the required insurance, the contractor must submit updated certificates of BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 15 insurance for as long a period as any work is still in progress. It is understood and agreed that all policies of insurance provided by the contractor are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work performed in this contract. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City's Risk Manager. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: "The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal corporation, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of $1,000,000.00 for each occurrence and and for all damages to the property of others in and up to the amount of$1 ,000,000.00 for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the contractor, his agents, servants, or employees, or through the mere existence of the project under contract". The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agents, and employees, as determined by a court of competent jurisdiction. The contractor will notify his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. The contractor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. The contractor will secure and maintain policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the contractor and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations under any Section or Provisions of this contract. Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him. Insurance coverage required in these specifications shall be in force throughout the contract term. Should any awardee fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the contract term, the City shall have the right to consider the contract breached and justifying the termination thereof. BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 16 If bidder does not meet the insurance requirements of the specifications; alternate insurance coverage, satisfactory to the Risk Manager, may be considered. It is understood and agreed that the inclusion of more than one insured under these policies shall not restrict the coverage provided by these policies for one insured hereunder with respect to a liability claim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insureds hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. BID NO: 04-02/03 DATE: 11113/02 CITY OF MIAMI BEACH t7 XXXI. XXX 2. XXX 3. XXX 5. XXX 7. XXX 8. xxx: 9. INSURANCE CHECK LIST Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. Comprehensive General Liability (occurrence form), limits ofliability $ 1.000.000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value _ Liquor Liability _ Fire Legal Liability _ Protection and Indemnity _ Employee Dishonesty Bond Other $ $ $ $ $ $ .00 .00 .00 .00 .00 .00 Thirty (30) days written cancellation notice required. Best's guide rating B+:VI or better, latest edition. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements ofthese specifications and that evidence of this insurance may be required within five (5) days after bid opening. Bidder Signature of Bidder BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 18 TO PROVIDE GROUNDS MAINTENANCE SERVICES BID # 04-02/03 2.0 SPECIAL CONDITIONS 2.1 PURPOSE: The purpose of this bid is to establish a contract, by means of sealed bids, for Grounds Maintenance Service as specified herein, from a source(s) of supply that will give prompt and efficient service. 2.2 TERM OF CONTRACT: This contract shall commence the day after date of award by the City Commission of Miami Beach Florida and shall remain in effect for a period of two (2) years. Providing the successful bidder will agree to maintain the same price, terms and conditions of the current contract, this contract could be extended for an additional two (2) years, on a year to year basis, if mutually agreed upon by both parties. In the event that the contract is held over beyond the term herein provided it shall only be from a month to month basis only and shall not constitute an implied renewal of the contract. Said month to month extension shall be upon the same terms ofthe contract and at the compensation and payment provided herein. 2.3 METHOD OF AWARD: A ward of this contract will be made to the lowest responsive, responsible bidder (Primary Contractor) whose bid will be most advantageous to the City of Miami Beach providing the bid does not exceed the amount of funds estimated by the City as available to finance the Contract. The City may exercise the option to award this contract to a Secondary Contractor, should the Primary Contractor not be able to perform in accordance with the Terms and Conditions of this contract. 2.4 CERTIFICATION, INVOICES AND PAYMENT: 2.4.1 Certification Contractors shall complete a "Certification Report Fonn", designated Exhibit "B", and submit one signed copy with the monthly invoice to the Project Manager. 2.4.2 Invoices: Contractors shall submit two (2) copies of all invoices to the Recreation, Culture & Parks Department, Parks! Landscape Maintenance Division, 2100 Meridian Avenue, Miami Beach, Florida, 33139. 2.4.3 Payment The City agrees to pay to Contractor for the maintenance services described herein the following compensation during the term of the Contract: 2.4.3.1 Payment - "Comolete Service" BID NO: 04-02/03 DATE: 11113/02 CITY OF MIAMI BEACH 19 2.4.3.2 2.4.3.3 BID NO: 04-02103 DATE: 11/13/02 (a) Contractor supplies all expertise, supervlSlon, labor, equipment, material, transportation, facilities, and support services necessary to complete the entire job as specified in the landscape maintenance schedule and as indicated in the specifications. (b) The bid price is stated as "per service" amount. Each complete service cycle must be invoiced separately on a monthly basis for services rendered during said month and City will pay to Contractor each month the "per service" payment amount. (c) The compensation to be paid by City shall be rendered in monthly payments for work performed per bid item. Payment shall be made within thirty (30) days upon receiving invoices, in duplicate, providing that all work performed during the preceding month has been inspected and accepted by the Project Manager and that all applicable certifications and reports have been submitted in accordance with the provisions of the Contract. The Contractor shall look for payment exclusively from the funds of the City for which these services have been provided. (d) If the Project Manager determines that the labor for work resulting from vandalism, acts of God, or third party negligence can be performed by Contractor's present work force, the Project Manager may modify the Landscape Maintenance Schedule and substitute the emergency work for regularly scheduled work. Pavments Withheld: If, in the sole judgment ofthe Project Manager, the level of maintenance is less than that specified herein, at his option, in addition to or in lieu of other remedies provided herein, may withhold payment from the Contractor for work not performed, until services are rendered in accordance with specifications and providing no other arrangements have been made between the Contractor and the Project Manager. Notice of withholding must be in writing to the attention of the Purchasing Director. Additional or Decreased Compensation: A. Additional or decreased compensation may be authorized at the discretion of the Purchasing Director, subject to City budgetary conditions, for Deletion of Sites, Addition of Sites, or Additional Work performed by the Contractor. B. Price Adiustment For The Deletion ofSite(s): The City reserves the right to temporary or permanently delete existing sites, and/or services at existing sites. Sites and/or services which are removed shall -be evaluated by both the City and the contractor for the mutual determination of a fair unit cost, to be based upon similar site receiving similar service and/or similar services rendered at a similar site. CITY OF MIAMI BEACH 20 Should it be necessary for the Project Manager to eliminate any sites, it is understood that the corresponding per service rate charged by the Contractor for maintenance services will also be deleted from subsequent invoices sent to the Department. C. Price Adiustments For The Addition of Sites: The City reserves the right to add new sites to the respective contract(s), and to add services to the existing sites. New sites and/or service to be added shall be evaluated by both the City and the contractor for the mutual termination ofa fair unit cost, to be based upon similar site receiving similar service and/or similar services rendered at a similar site. Sites and/or services deleted and later re-added shall be re-added at the original contract unit cost, plus any index adjustment. 2.4.3.2. I.I Development of and/or Improvement to Existing Sites The City reserves the right to develop and/or improve existing sites specified herein. Additional services required shall be evaluated by both the City and the contractor for the mutual determination of a fair unit cost, to be based upon similar service rendered at a similar site. 2.5 ADDlTIONS/DELETIONS OF FACILITIES: Although this Solicitation identifies specific facilities/areas to be serviced, it is hereby agreed and understood that any facility/area may be added/deleted to/from this contract at the option of the City. When an addition to the contract is required, successful bidder(s) under this contract shall be invited to submit price quotes for these new facilities. If these quotes are comparable with prices offered for similar services, the award(s) shall be made to the lowest responsible bidder(s) meeting specifications in the best interest of the City. 2.6 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: If the bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder on the Bid Form shall remain fixed and firm during the term of this contract; provided, however, that the bidder may offer incentive discounts from this fixed price to the City at any time during the contractual term. 2.7 PRE-BID CONFERENCE/SITE INSPECTION: A Pre-Bid Conference will be held at 2:00 P.M. on December 4, 2002 at City of Miami Beach, City Hall, City Managers Small Conference Room, located at 1700 Convention Center Drive, Miami Beach, Florida. Each bidder shall thoroughly familiarize themselves with all sites, services to be performed therein and conditions thereof and shall determine to his/her own satisfaction the character and extent oflabor, equipment and materials needed to satisfy the requirements ofthe specifications herein; No allowance shall be made by the City of Miami Beach for lack of knowledge by the bidders. BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 21 2.8 (NOT USED) 2.9 VENDOR APPLICATION The City has contracted with DemandStar by Onvia as our electronic procurement service for automatic notification of bid opportunities and document fulfiIlment. We encourage you to participate in this bid notification system. To find out how you can receive automatic bid notifications or to obtain a copy oHhis Bid, go to www.demandstar.comorcall toll-free 1- 800-711-1712, and request Document #043. Subscribing to DemandStar by Onvia's bid notification system is not a requirement You will still be able to find bid information and download documents through the City's website (http://ci.miami-beach.fl.us. From the City's home page, click on Procurement and foIlow the instructions. 2.10 CONTACT PERSON: For any additional information regarding the specifications and requirement ofthis bid, contact Mirtha Perez-Jimenez, Senior Procurement Specialist at mirthapereziimenez(aJ,ci.miami- beach.t1.us or (305) 673-7490, Facsimiles will be accepted at (305) 673-7851. 2.11 SAMPLES: N/A 2.12 BID/PERFORMANCE/PAYMENT BONDS: A Bid Guaranty is not required, however the successful Bidder executing the Contract will be required to provide the Performance Bond and the Payment Bond in the amount of $25,000 each, and evidence ofrequired insurance within ten (10) calendar days after notification of award of the Contract 2.13 LIQUIDATED DAMAGES: As specified in Section 6.4.0 2.14 PERCENTAGE ABOVE VENDOR COST: N/A 2.15 ESTIMATED QUANTITIES: N/A 2.16 HOURLY RATE: The hourly rate quoted is for additional work not specified herein and shaIl include fuIl compensation for labor, equipment use, travel time, and any other cost to the bidder. Hourly labor rates are specified as follows: Hourly Labor Rate I - hourly rate for straight time, i.e. from 8:00 a.m. to 5:00 p.m. Monday- Friday (rate is to include labor and travel). Hourly Labor Rate 11 - hourly rate for overtime, i.e. before 8:00 a.m. or after 5:00 p.m., or on weekends or holidays. (rate to include labor and travel) 2.17 GUARANTEE: The successful bidder wiIl be required to guarantee all work performed. The Guarantee shaIl be described in detail on the attached Bid Form. BID NO: 04-02103 DA TE: 11/13/02 CITY OF MIAMI BEACH 22 2.18 PRODUCT/CATALOG INFORMATION: N/A 2.19 REFERENCES Each bid must be accompanied by a list of eight (8) references (on the Customer Reference Fonn) which shall include the name of the company, a contact person and the telephone number. Contractor shall provide at least two (2) separate references for Grounds Maintenance Service Projects completed, with each project having a total cost of fifteen- thousand dollars ($15,000) or higher. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.20 COMPLETE PROJECT REQUIRED: These specifications describe the various items or classes of work required, enumerating or defining the extent of same necessary, but failure to list any items or classes under scope of the several sections shall not relieve the contractor from furnishing, installing or perfonning such work where required by any part of these specifications, or necessary to the satisfactory completion of the project(s). Workmanship will be inspected and approved by the Parks & Recreation Director, or designated representative. 2.21 FACILITY LOCATION: N/A 2.22 BIDDER QUALIFICATIONS: Minimum Requirements 2.23 LATE BIDS: At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. 2.24 EXCEPTIONS TO SPECIFICATIONS: Exceptions to the specifications shall be listed on the Bid Fonn and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid to be considered non-responsIve. 2.25 COMPLETE INFORMATION REQUIRED ON BID FORM: All bids must be submitted on the attached Bid Fonn and all blanks filled in. To be considered a valid bid, the ORIGINAL AND ONE COpy of the Bid Fonn pages and all required submittal infonnation must be returned, properly completed, in a sealed envelope as outlined in the first paragraph of General Conditions. 2.26 MAINTENANCE AGREEMENT: N/A 2.27 EQUAL PRODUCT: N/A 2.28 TERMINATION FOR DEFAULT If through any cause within the reasonable control ofthe successful Bidder, it shall fail to fulfill BID NO: 04-62103 DATE: 11113102 CITY OF MIAMI BEACH 23 in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the successful Bidder of such termination which shall become effective upon receipt by the successful Bidder of the written termination notice. In that event, the City shall compensate the successful Bidder in accordance with the Agreement for all services performed by the Bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful Bidder shall not be relieved ofliability to the City for damages sustained by the City by virtue of any breach ofthe Agreement by the Bidder, and the City may reasonably withhold payments to the successful Bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful Bidder is determined. 2.29 LIVING WAGE REQUIREMENT: Pursuant to Ordinance No. 2001-3301, City Service Contracts involving the expenditure of over $100,000 per year and which includes park and public place maintenance is subject to the Living Wage Requirements. Definitions: "Covered Employee" means anyone employed by the City or any Service Contractor, as further defined in this Division, either full or part time, as an employee with or without benefits or as an independent contractor. "Covered Employer" means the City and any and all Service Contractors, whether contracting directly or indirectly with the City, and subcontractors of a Service Contractor. "Service Contractor" is any individual, business entity, corporation (whether for profit or not for profit), partnership, limited liability company, joint venture, or similar business who is conducting business in Miami Beach, or Miami Dade County, and meets the following criteria: The Service Contractor is: (a) paid in whole or part from one or more of the City's general fund, capital project finds, special revenue funds, or any other funds either directly or indirectly, whether by competitive bid process, informal bids, requests for proposals, some form of solicitation, negotiation, or agreement, or any other decision to enter into a contract; OR (b) engaged in the business of, or part of, a contract to provide, a subcontract to provide, or similarly situated to provide, services, either directly or indirectly for the benefit of the City. However, this does not apply to contracts related primarily to the sale of products or goods. living Wage Paid: All Service Contractors, as defined herein, entering into a contract with the City of Miami Beach shall pay to all its employees who provide services covered by this Division, a living wage of no less than $8.56 an hour with health benefits, or a living BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 24 wage of not less than $9.81 an hour without health benefits, as described in this Section. Health Benefits: For a Covered Employer or the City to comply with the living wage provision by choosing to pay the lower wage scale available when a Covered Employer also provides health benefits, such health benefits shall consist of payment of at least $1.25 per hour towards the provision of health care benefits for Covered Employees and their dependents. If the health benefits plan of the Covered Employer or the City requires an initial period of employment for a new employee to be eligible for health benefits (eligibility period) such Covered Employer or City may qualify to pay the $8.56 per hour wage scale during the new employee's initial eligibility period provided the new employee will be paid health benefits upon completion of the eligibility period. Proof of the provision of health benefits must be submitted to the awarding authority to qualify for the wage rate for employees with health benefits. Certification Required Before Payment: Any and all contracts for Covered Services shall be void, and no funds may be released, unless prior to entering any agreement with the City for a Covered Services contract, the employer certifies to the City that it will pay each of its s employees no less than the living wage described in herein. A copy of this certificate must be made available to the public upon request The certificate, at a minimum, must include the following: ill the name, Address, and phone number of the employer, a local contact person, and the specific project for which the Covered Services contract is sought; ro the amount of the Covered Services contract and the City Department the contract will serve; m a brief description of the project or service provided; ffi a statement of the wage levels for all employees; and @ a commitment to pay all employees a living wage, as defined by herein. Observation of Other Laws. Every Covered Employee shall be paid not less than biweekly, and without subsequent deduction or rebate on any account (except as such payroll deductions as are directed or permitted by law or by a collective bargaining agreement). The Covered Employer shall pay Covered Employees wage rates in accordance with federal and all other applicable laws such as overtime and similar wage laws. (d) Posting. A copy of the living wage rate shall be kept posted by the Covered Employer at the site of the work in a prominent place where it can easily be seen and read by the Covered Employees and shall be supplied to the employee within a reasonable time after a request to do so. Posting requirements will not be required where the Covered Employer prints the following statements on the front of the Covered Employee's first paycheck and every six months thereafter: "You are BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 2S required by City of Miami Beach law to be paid at least $8.56 dollars an hour. If you are not paid this hourly rate, contact your employer, an attorney, or the City of Miami Beach." All notices will be printed in English, Spanish, and Creole. (e) Collective Bargaining. Nothing in this Division shall be read to require or authorize any Covered Employer to reduce wages set by a collective bargaining agreement or are required under any prevailing wage law. Maintenance of Payroll Records. Each Covered Employer shall maintain payrolls for all Covered Employees and basic records relating thereto and shall preserve them for a period of three (3) years or the term ofthe Covered Services contract, whichever is greater. The records shall contain: (I) the name and address of each Covered Employee; (2) the job title and classification; (3) the number of hours worked each day; (4) the gross wages earned and deductions made; (5) annual wages paid; (6) a copy of the social security returns and evidence of payment thereof; (7) a record of fringe benefit payments including contributions to approved plans; and (8) any other data or information this Division should require from time to time. Reporting Payroll: Every six (6) months, the Covered Employer shall file with the Procurement Director a complete payroll showing the Covered Employer's payroll records for each Covered Employee working on the contract(s) for Covered Services for one payroll period. Upon request from the City, the Covered Employer shall produce for inspection and copying its payroll records for any or all of its Covered Employees for any period covered by the Covered Service contract. The City may examine payroll records as needed to ensure compliance. COMPLIANCE AND ENFORCEMENT. Service Contractor to Cooperate. The Service Contractor shall permit City employees, agents, or representatives to observe work being performed at, in or on the project or matter for which the Service Contractor has a contract. The City representatives may examine the books and records of the Service Contractor relating to the employment and payroll to determine if the Service Contractor is in compliance with the provisions of this Division. Complaint Procedures and Sanctions. (I) An employee who believes that this Division applies or applied to him or her and that the Service Contractor, or the City, is or was not complying with the BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 26 requirements of this Division has a right to file a complaint with the Procurement Director ofthe City. Complaints by employees of alleged violations may be made at any time and shall be investigated within thirty (30) days by the City. Written and oral statements by an employee shall be treated as confidential and shall not be disclosed without the written consent ofthe employee to the extent allowed by the Florida Statutes. (2) Any individual or entity may also file a complaint with the Procurement Director of the City on behalf of an employee for investigation by the City. It shall be the responsibility ofthe City to investigate all allegations of violations ofthis Division within thirty (30) days. If, at any time, the City, upon investigation determines that a violation of this Division has occurred, it shall, within ten (10) working days of a finding of non-compliance, issue a notice of corrective action to the employer specifying all areas of non-compliance and deadlines for resolutions of the identified violations. If a Service Contractor fails to comply with any notice issued, the City Manager or the City Manager's designee may issue an order in writing to the Service Contractor, by certified mail or hand delivery, notifying the Service Contractor to appear at an administrative hearing before the City Manager or the City Manager's designee to be held at a time to be fixed in such order, which date shall be not less than five (5) days after service thereof. (3) The proceedings shall be informal, but shall afford the Service Contractor the right to testify in the Service Contractor's own defense, present witnesses, be represented by counsel, submit relevant evidence, cross examine witnesses and object to evidence. (4) The proceedings shall be recorded and minutes kept by the City. Any Service Contractor requiring verbatim minutes for judicial review may arrange for the services of a court reporter at the expense of the Service Contractor. (5) Within ten (10) days of the close of the hearing, the City Manager or the City Manager's designee shall render a decision in writing determining whether or not the Service Contractor is in compliance, or whether other action should be taken, or whether the matter should be continued, as the case may be, and stating the reasons and findings of fact. (6) The City Manager or the City Manager's designee shall file findings with the City Clerk, and shall send a true and correct copy of his order by certified mail, return receipt requested, or by hand delivery, to the business address as the Service Contractor shall designate in writing. (7) The City Manager's or designee's findings shall constitute the final administrative action of the City for purposes of judicial review under state law. (8) If a Service Contractor fails to seek timely appellate review of an order of the City Manager or the City Manager's designee, or to comply timely with such order, the City may pursue the enforcement of sanctions set forth in Section 2-410 (c). BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 27 Private Right of Action Against Service Contractor: Any Covered Employee of or former Covered Employee of a Service Contractor may, instead of utilizing the City administrative procedure set forth in this Division, but not in addition to such procedure, bring an action by filing suit against the Covered Employer in any court of competent jurisdiction to enforce the provisions of this Division and may be awarded back pay, benefits, attorney's fees, and costs. The applicable statute of limitations for such a claim will be two (2) years as provided in Florida Statutes Section 95.1 1 (4)(c) for an action for payment of wages. The court may also impose sanctions on the Service Contractor, including those persons or entities aiding or abetting the Service Contractor, to include wage restitution to the affected Covered Employee and damages payable to the Covered Employee in the sum of up to $500 for each week each Service Contractor is found to have violated this Division. Sanctions Against Service Contractors: For violations of this Division, the City shall sanction a Service Contractor by requiring the Service Contractor to pay wage restitution at the employer's expense for each affected employee and may access the following: (I) The City may impose damages in the sum of $500 for each week for each employee found to have not been paid in accordance with this Division; and/or (2) The City may suspend or terminate payment under the Covered Services contract or terminate the contract with the Service Contractor; and/or (3) The City may declare the employer ineligible for future service contracts for three (3) years or until all penalties and restitution have been paid in full, whichever is longer. In addition, all employers shall be ineligible under this section where principal officers of the employer were principal officers of an employer who violated this Division. Public Record of Sanctions. All such sanctions recommended or imposed shall be a matter of public record. Sanctions for Aiding and Abetting. The sanctions in Section 2-410 (c) shall also apply to any party or parties aiding and abetting in any violation of this Division. Retaliation and Discrimination Barred. A Covered Employer shall not discharge, reduce the compensation, or otherwise discriminate against any Covered Employee for making a complaint to the City, or otherwise asserting his or her rights under this Division, participating in any of its proceedings or using any civil remedies to enforce his or her rights under this Division. Allegations of retaliation or discrimination, iffound true in a proceeding under paragraph (b) or by a court of competent jurisdiction under paragraph (c), shall result in an order of restitution and reinstatement ofa discharged Covered Employee with back pay to the date of the violation or such other relief as deemed appropriate. BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 28 Enforcement Powers. Ifnecessary for the enforcement ofthis Division, the City Commission may issue subpoenas, compel the attendance and testimony of witnesses and production of books, papers, records, and documents relating to payroll records necessary for hearing, investigations, and proceedings. In case of disobedience of the subpoena, the City Attorney may apply to a court of competent jurisdiction for an order requiring the attendance and testimony of witnesses and production of books, papers, records, and documents, Said court, in the case of the refusal to obey such subpoena, after notice to the person subpoenaed, and upon finding that the attendance or testimony of such witnesses of the production of such books, papers, records, and documents, as the case may be, is relevant or necessary for such hearings, investigations, or proceedings, may issue an order requiring the attendance or testimony of such witnesses or the production of such documents and any violation of the court's order may be punishable by the court as contempt thereof. Remedies Herein Non-Exclusive. No remedy set forth in this Division is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce the rights under this Division in a court oflaw. This Division shall not be construed to limit an employee's right to bring a common law cause of action for wrongful termination. 2.30 FINANCIAL STABILITY AND STRENGTH: The bidder must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that they can satisfactorily provide the goods and/or services required herein. Bidders/Proposers shall submit financial statements for each of their last two complete fiscal years within ten (10) calendar days, upon written request.. Such statements should include, as a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income). When the bid submittal is from a Joint Venture, each Bidder/Proposer involved in the Joint Venture must submit financial statements as indicated above. Any Bidder/Proposer who, at the time of bid submission, is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Bidder/Proposer under federal bankruptcy law or any state insolvency, may be declared non- responsIve. BID NO: 04-02103 DATE: 11113/02 CITY OF MIAMI BEACH 29 PERFORMANCE BOND (This bond meets and exceeds the requirements of Florida Statutes Section 255.05) STATE OF FLORIDA) ss COUNTY OF ) KNOW ALL MEN BY THESE PRESENTS that we, as Principal, hereinafter called Contractor, and as Surety, are firmly bound unto the City of Miami Beach, Florida, as Obligee, hereinafter called the City, in the Penal sum of Dollars ($ ), for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor, on the day of , 20_, entered into a certain contract with the City, hereto attached, for BID NO. 04-02/03, Entitled: TO PROVIDE GROUNDS MAINTENANCE SERVICES, which Contract is made a part hereof by reference thereto. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that, ifthe Contractor shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said Contract, and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, then this obligation shall be void; otherwise to remain in full force and effect. WHENEVER the Principal shall be and is declared by the City to be in default under the Contract, or whenever the Contract has been terminated by default of the Contractor, the City having performed the City's obligations thereunder, the Surety shall: 1. Complete the Contract in accordance with its terms and conditions, or at the City's sole option. 2. Obtain a Bid or Bids for submission to the City for completing the Contract in accordance with its terms and conditions, and upon determination by the City and the Surety ofthe lowest responsible Bidder, arrange for a Contract between such Bidder and the City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price" as used in this paragraph, shall mean the total amount payable by the City to the Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to the contractor. BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 30 No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein or the successors or assignees thereof. The Surety shall and does hereby agree to indemnify the City and hold it harmless of, from and against any and all liability, loss, cost, damage or expense, including reasonable attorneys fees, engineering and architectural fees or other professional services which the City may incur or which may accrue or be imposed upon it by reason of any negligence, default, act and/or omission on the part of the Contractor, any Subcontractor and Contractor's or Subcontractors agents, servants and/or employees, in, about or on account of the Construction of the work and performance of said Contract by the Contractor. This Bond shall remain in full force and effect for such period or periods of time after the date of acceptance of the project by the City as are provided for in the Contract Documents, and the Contractor hereby guarantees to repair or replace for the said periods all work performed and materials and equipment furnished, which were not performed or furnished according to the terms ofthe Contract Documents. Ifno specific periods of warranty are stated in the Contract Documents for any particular item of work, material or equipment, the Contractor hereby guarantees the same for a minimum period of one (I) year from the date of final acceptance by the City of the entire project. Any suit on this bond must be instituted within such period or periods as may be provided by law. BID NO: 04-02103 DATE: 11/13/02 CITY OF MIAMI BEACH 31 IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the day of 20 WITNESS: PRINCIPAL: (If sole Proprietor or partnership) (Firm Name) BY Title: (Sole Proprietor or Partner) PRINCIPAL (If Corporation) (Corporate Name) BY (President) Attest: (Secretary) (CORPORATE SEAL) COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: SURETY: (Copy of Agent's current License as issued by State of Florida Insurance Commissioner By: Attorney-in-fact (Power of Attorney must be attached) BID NO: 04-02/03 DATE: 11113/02 CITY OF MIAMI BEACH 32 CERTIFICATES AS TO CORPORATE PRINCIPAL I, ' certify that I am the Secretary of the Corporation named as Principal in the foregoing bond; that who signed the said bond on behalf of the Principal, was then of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary Corporate Seal STATE OF FLORIDA) S8 COUNTY OF ) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the and that he has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor ofthe City of Miami Beach, Florida. Subscribed and sworn before me this day of ,20_ A.D. (Attach Power of Attorney) Notary Public State of Florida-at-Large My Commission Expires: BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 33 LABOR AND MATERIAL PAYMENT BOND (SECTION 255.05, FLA. STAT.) BY THIS BOND, We, , as Principal, and as corporation, as Surety, are bound to the City of Miami Beach, Florida, as obligee, herein called City, in the sum of$ for the payment of which we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payments to all claimants, as defined in Section 255.05 (1), Fla. Stat., supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and Pays City all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that the City sustains in enforcement of this bond. Performs the guarantee of all labor and materials furnished under the contract for the time specified in the contract, then this bond is void, otherwise it remains in full force. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. The provisions of Section 255.05, Fla. Stat., are specifically adopted by reference and made a part hereoffor the purposes specified therein. The contract dated Bond by reference. between the City and Principal is made a part of this Claimants are advised that Section 255.05, Fla. Stat., contains notice and time limitation provisions which must be strictly complied with. BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 34 IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the day of 20 WITNESS: PRINCIPAL: (If sole Proprietor or partnership) (Finn Name) BY Title: (Sole Proprietor or Partner) PRINCIPAL (If Corporation) (Corporate Name) BY (President) Attest: (Secretary) (CORPORATE SEAL) COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: SURETY: (Copy of Agent's current License as issued by State of Florida Insurance Commissioner By: Attorney-in-fact (Power of Attorney must be attached) BID NO: 04-02103 DATE: 11/13/02 CITY OF MIAMI BEACH 3S CERTIFICATES AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the foregoing bond; that who signed the said bond on behalf of the Principal, was then of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary Corporate Seal ST ATE OF FLORIDA) 55 COUNTY OF ) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the Attorney in Fact, for the and that he has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor of the City of Miami Beach, Florida. Subscribed and sworn before me this day of ,20_A.D. (Attach Power of Attorney) Notary Public State of Florida-at-Large My commission Expires: BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 36 TO PROVIDE GROUNDS MAINTENANCE SERVICES BID # 04-02/03 3.0 GENERAL REQUIREMENTS 3.1 SCOPE OF WORK 3.1.1 The work specified in this section consists of furnishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, services and incidentals necessary to provide complete landscape maintenance services as specified herein. 3.1.2 The work shall include but not be limited to, litter retrieval and waste disposal, mowing, edging, landscape maintenance, herbicide linsecticide application, turf management, athletic field turf management, irrigation system operation maintenance 1 repair and replacement of plants as required. Bid prices shall include all labor, equipment and materials needed to perform those duties set forth in this section. 3.1.3 The work shall include Traffic Control as described herein. 3.1.4 The locations ofthe work referenced in the above document are located throughout the City of Miami Beach, they include the following areas. (SEE PAGE 2, SCOPE OF WORK) 3.2 QUALIFICATIONS (BIDDER SHALL SUBMIT SATISFACTORY EVIDENCE WITH THEIR BID THAT THEY MEET THE FOLLOWING (MINIMUM REQUIREMENTS) Parties deemed to be qualified to service this contract shall be judged on their past performance and present ability to provide all labor, materials, and equipment to successfully fulfill the provisions of this contract. 3.2.1 Company Qualification 3.2.2 Company shall have been in continuous service and incorporated in the State of Florida for a minimum of four (4) years. 3.2.3 Company must have a proven history in the care and maintenance of specialty turf grass types. 3.2.4 Company must be fully licensed with all required State and/or Local government licenses, and permits (irrigation, pest control, horticultural services, etc.). 3.2.5 Company must have a person with an advanced degree in horticulture and employed on a full time basis, who will act as the Project Supervisor. 3.2.6 Company must have an I. S. A. Certified Arborist on staff, or under contract as a consultant. 3.2.7 Company must be a drug and alcohol free workplace. 3.2.8 Provide a minimum of one (I) full time Project Supervisor as specified in Para.3.3.1, to manage all facets ofthe landscape and turf management for the contractor. Managers must have excellent communication skills and be capable of directing all regular maintenance and additional landscape services and coordinating these with the designated City of Miami Beach staff. BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 37 3.2.9 Managers shall constantly use their experience and training to prevent, detect and control adverse conditions by physically inspecting the landscape and properly guiding the maintenance program. 3.2.10 Technical Services A. To provide an adequate number of personnel specifically trained, experienced and licensed in the following areas: turf maintenance, irrigation maintenance, tree maintenance, and horticultural pest control. B. Provide a Certified Pesticide Operator through the State of Florida, Department of Agriculture and Consumer Services, Bureau of Entomology and Pest Control Services. C. Provide an 1. S. A. Certified Arborist, with a minimum of three (3) years experience with South Florida trees. 3.3 CONTRACTOR'S RESPONSIBILITIES 3.3.1 Proiect SUDervisor The Contractor shall maintain a Project Supervisor at the facilities at all times during the hours of operation, and such supervisor shall be able to be communicated with by pager, two way radio or cellular telephone. The Project Supervisor shall have a four (4) year degree in horticulture from a U.S. accredited college with a minimum of two years field supervisory experience and be able to manage all facets of the landscape management for the Contractor. The Supervisor must have excellent communication skills and be capable of directing all regular maintenance and additional landscape services and coordinate this work with the designated City staff. The Supervisor shall constantly use their experience and training to prevent, detect and control adverse conditions by physically inspecting the landscape and properly guiding the maintenance program. 3.3.2 Qualifications The Contractor must submit the qualifications ofthe Project Supervisor at the time of the Bid submittal to include resume, copy of degree, description of experience with references and contact numbers. 3.4 CONTRACTOR'S PERSONNEL Contractor shall employ personnel competent to perform the work specified herein, Contractor's employees shall be United States citizens or in possession of appropriate documentation permitting the employees to work in Dade County. The City reserves the right to request the removal of the Contractors employees from performing maintenance on the City's grounds where the employees performance or actions are obviously detrimental to the program. Standards for Contractor's employees include the following: 3.5 DISASTER RESPONSE The Contractor shall maintain, on a twenty-four (24) hour on-call basis, by pager, two way radio, or cellular telephone, a staff sufficient to address emergency contingencies (ie., hurricanes, tornados, floods, etc.) which may arise from time to time. BID NO: 04-02103 DATE: 11/13/02 CITY OF MIAMI BEACH 38 The Contractor will respond with immediate action to emergencies that adversely affect the City of Miami Beach, so that the situation is corrected at the earliest possible moment. The Contractor shall be compensated for use of personnel and equipment based upon the indicated classifications in the bid tabulation. 3.6 UNIFORMS The Contractor will provide, at Contractor's expense, color coordinated uniforms for all personnel. Such uniforms shall meet Owners' public image requirements and be maintained by Contractor so that all personnel are neat, clean and professional in appearance at all times. Non-uniform clothing will not be permitted, including for new employees. 3.7 CONDUCT Conduct standards for Contractor's employees should meet or exceed those required for City employees. The following are some guidelines: * Drugs and alcohol, or their use, is not permitted on City property nor are personnel allowed on property while under the influence of such substances. Firearms or other weapons are strictly forbidden. Fighting or loud, disruptive behavior is not permitted. * * All personnel will be subject to applicable City safety and security rules and procedures pertaining to conduct, vehicle use, property access, etc. 3.8 SAFETY 3.8.1 Contractor agrees to perform all work outlined in the Contract in such a manner as to meet all accepted standards for safe practices during the maintenance operation, to safely maintain equipment, machines, and materials, and to remedy hazards consequential or related to the work. The Contractor further agrees to accept the sole responsibility for compliance with all local, County, State or other legal requirements including but not limited to: (1) full compliance with the terms of applicable O.S.H.A. Safety Orders, (2) requirements of the Florida Deoartment of Transoortation Manual of Traffic Controls and Safe Practices For Street and Highwav Construction. Maintenance and Utility Ooerations, at all times so as to protect all persons including Contractor's employees, agents of the City, vendors, and members ofthe public or other firms from injury or damage to their property. 3.8.2 The City, through its Project Manager, reserves the right to issue immediate restraint or cease and desist order to Contractors when unsafe or harmful acts are observed or reported relative to the performance of the work under the Contract. 3.8.3 During normal working hours, Contractor shall obtain emergency medical care for any member of the public who is in need thereof, because of illness or injury occurring on the site, including a prompt report thereof to the Project Manager. 3.8.4 In performing the scope of work, all safety on or off the job site shall be the sole BID NO: 04-02/03 DATE: 11113/02 CITY OF MIAMI BEACH 39 responsibility ofthe Contractor. The City shall not be responsible for safety on or off the job site. The City's on-site observations or inspections shall be only for the purpose of verifying that the maintenance Specifications are being implemented properly. The City's on-site observations or inspections are not for safety on or off the job site for the Contractor's employees or the public. 3.8.5 Traffic Safety Control - The Contractor shall at his cost, observe all safety regulation; including placing and display of safety devices, provisions of police to control traffic, etc, as may be necessary in order to conduct the public through the project area in accordance with F.D.O.T.'s "Manual on Traffic Controls and Safe Practices for Street Highway Construction, Maintenance and Utility Operations." 3.9 CONTRACTOR'S VEHICLES Contractor's vehicles shall be in good repair, free from leaking fluids, properly registered, of uniform color and shall bear the company name on each side in not less than 3-1/2" letters unless otherwise prescribed by law or ordinance. 3.10 CONTRACTOR'S EQUIPMENT All equipment shall be maintained in an efficient and safe operating condition while performing work under the contract. Equipment shall have proper safety devices maintained at all times while in use. If equipment does not contain proper safety devices and/or is being operated in an unsafe manner, the City may direct the Contractor to remove such equipment and/or the operator until the deficiency is corrected to the satisfaction ofthe City. The Contractor shall be responsible and liable for injury to persons caused by the operation ofthe equipment. 3.11 CONTRACTOR'S DAMAGES Any damages to the road, facilities, sewers, utilities, irrigation system, plant material or vegetation caused by the Contractor shall be repaired at the expense of the Contractor to the satisfaction of the City. Failure to restore said damages within three (3) working days following notification shall result in a deduction from the next invoice of the City's expenses incurred by the City for labor, material or equipment to restore the property to its original condition. 3.12 INDEPENDENT CONTRACTOR Contractor shall act under the Contract as an independent Contractor vis-a-vis City of Miami Beach and will not be an agent or employee of the City. Contractor shall not represent or otherwise hold out itself or any of its subcontractors, directors, officers, partners, employees, or agents to be an agent or employee of the City. 3.13 PERMITS, LICENSES, CERTIFICATES Contractors shall obtain, at their expense, valid permits, licenses and certificates (City, County, State, Federal) as required for work under the Contract. 3.13.1 Contractors shall give all notices and pay fees and taxes required by law in performance of the Contract. BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 40 3.13.2 Comoliance with Miami Beach Parks. Recreation & Culture Deoartment and the State of Florida Department of Transportation Rules and Regulations: Contractors shall comply and abide by all rules and regulations of the above-referenced departments as they may be applicable to performance of the Contract 3.13.3 Advertising and Signs: Contractors shall not advertise or place signs on the site, facilities or equipment of the City of Miami Beach. 3.14 SUB CONTRACTORS Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the City. Contractors shall be as fully responsible to the City for the acts and omission of the subcontractors as for the acts and omissions of person(s) directly employed. 3.15 PROTECTION OF PROPERTY AND REPAIR OF DAMAGE 3.15.1 All portions oflandscape structures, facilities, services, utilities, roads, and irrigation systems shall be protected against damage or interrupted service at all times by Contractor during the term of the Contract. Any damage to the property as a result ofthe performance of work by Contractor during the terms of the Contract shall be repaired or replaced in kind and in manner approved by the Project Manager. All work ofthis kind shall be made immediately after damage or alteration occurs, unless otherwise directed. 3.15.2 Repairs to plant materials and soils shall specifically be made in accordance with specifications in Section 4.3. 3.15.3 Repairs to irrigation systems, which are damaged by any means including acts of God, vandalism, vehicular damage, theft, or undetermined causes, shall be repaired by the Contractor upon notice to the City's Project Manager and acceptance of a Contractor provided cost estimate, except where the specifications provide otherwise. 3.15.4 Contractor shall notify the City Project Manager within twenty-four (24) hours after discovery of any damage caused by accident, vandalism, thefts, acts of God, or undetermined causes. 3.16 RECORDS All documents, books and accounting records shall be open for inspection at any reasonable time during the term of the Contract and for three (3) years audit of the books and business conducted by Contractor and observe the operation of the business so that accuracy of the above records can be confirmed. All employment records shall be open for inspection and re- inspection by the City, at any reasonable time during the term of the Contract 3.17 TRANSPORTATION Contractors are to supply all transportation of employees, supplies and equipment 3.18 STORAGE Contractors are to provide for all storage at off-site locations delivering to site only sufficient BID NO: 04-02103 DATE: 11113/02 CITY OF MIAMI BEACH 41 equipment and materials to complete daily tasks. Permission may be given by Project Manager for storage of materials or equipment on-site during special projects or conditions. 3.19 WASTE DISPOSAL Contractors are responsible for removing and disposing from sites all waste handled in performance of the Contract. The City is not required to supply area or facilities for storage or removal of waste on-site. 3.20 NON-INTERFERENCE Contractor shall not interfere with the public use of sites and shall conduct his operation so as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. END OF SECTION BID NO: 04-02103 DATE: 11/13/02 CITY OF MIAMI BEACH 42 TO PROVIDE GROUNDS MAINTENANCE SERVICES BID # 04-02/03 4.0 TECHNICAL SPECIFICA nONS 4.1 PURPOSE These specifications designate the manner in which basic maintenance tasks will be performed in order to achieve the overall Quality Objective, which is to maintain the landscaping on the listed sites in a healthy, growing, safe, clean, and attractive condition throughout the year. 4.2 STANDARDS AND REFERENCES The Contractor's Representative shall be well versed in Florida maintenance operations and procedures. All employees shall be competent and skilled in their particular job in order to insure that they properly perform the work assigned. The following organizations provide standards and publications, which may be used as a guide for conducting grounds maintenance and services, under the Contract: A. Florida Cooperative Extension Services, 18710 SW 288 th Street, Homestead, Florida, 33030. B. Florida Turf-Grass Association, Inc., 302 Graham Avenue, Orlando, Florida, 32803- 6399. C. National Recreation and Park Association, 1601 N. Kent Street, Arlington, Virginia, 22209. D. Florida Recreation and Park Association, 1406 Hays Street, Suite I, Tallahassee, Florida, 32301. E. Florida Department of Transportation, "Manual on Traffic Controls and Safe Practices for Street & Highway Construction, Maintenance and Utility Operations." 4.3 MATERIALS All materials supplied and used by Contractors shall be the best kind available and used in accordance with manufacturer's directions. Commercial products such as fertilizers and pesticides shall bear the manufacturer's label and guaranteed analysis. City inspectors may require tests and reject materials not meeting these specifications or manufacturer's guarantee. 4.3.1 Replacement Any plants which are damaged or die as a result of improper maintenance or lack of sufficient maintenance shall be replaced by the Contractor, within 10 calendar days upon discovery by the Contractor or notification by the City. The following criteria shall be used to determine if replacement is necessary. B. Plants are not in a healthy growing condition and this renders them below the minimum quality standard (Fla.#l). There is a question of any plants ability to thrive after the end of the thirty six (36) month maintenance period that would render it below the minimum quality standard (Fla.# 1). The plant material is dead. The ten (10) calendar days may be extended due to seasonal conditions, A. C. D. BID NO: 04-02/03 DATE: 11113/02 CITY OF MIAMI BEACH 43 availability, preparation time such as root pruning, etc., only if approved by the City, in advance. The extended time shall be negotiated between all parties concerned, but must receive final approval by the City. After the 10 day replacement period, the City may perform the work and withhold monies due to the Contractor for materials and labor costs. 4.3.2 Size, Quality and Grade of Replacement A. Replacement material shall be of the same brand, species, quality and grade as that of the material to be- replaced, or it shall conform to the Florida Grades & Standards for nursery plants Florida #1 Quality, whichever is higher. The size of the replacement plants shall not be necessarily the same size as the original specified plant at its initial planting. The replacement shall be of equal size to the plant to be replaced at the time it has been determined that it must be replaced. However, iffor some reason, the plant to be replaced is smaller than the size to be replaced, the replacement shall be at least equal to the original size when the maintenance period began. B. Plants shall be sound, healthy, vigorous, free from plant disease, insect pests or their eggs, and shall have normal root systems and comply with all State and local regulations governing these matters, and shall be free from any noxious weeds. C. All trees calipers shall be measured six (6) inches above ground surface. D. Plant materials shall be symmetrical, and/or typical for variety and species. E. All plant materials must be provided from a licen!\ed nursery and shall be subject to acceptance as to quality by the Project Manager. F. Replacements shall be guaranteed for the length of the Contract, or six (6) months, whichever is greater. G. The Contractor shall be responsible for hand watering the replacement plant material (if required) until establishment or as otherwise directed by the City Project Manager 4.3.4 Water Should Contractor supply water, the water shall be fresh (non-salt), and containing no harmful levels of pollutants or chemicals. 4.3.5 Soil B. Any soil supplied by Contractors shall be good, clean, friable top soil (or soil mix), free from any toxic, noxious or objectionable materials, including rocks, plant parts or seeds. "Planting Soil Mix" shall be equal parts of Sphagnum peat moss, coarse sand, and composted organic matter, sterilized. "Muck-sand-soil" shall be 60 percent muck and 40 percent course sand. A. C. BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 44 4.3.6 Fertilizer All fertilizer shall be commercial grade, and except for free flowing liquids, shall be delivered to the site and be dry when processed for application. Fertilizers shall be in appropriate containers and tagged. Special permission from the Project Manager is required to use bulk fertilizers. The Contractor shall submit copies of the manufacturer's specifications for all fertilizer including data substantiating that the proposed materials comply with specified requirements, 4.3.7 Pesticides - (insecticides, fungicides, herbicides, etc.): Insecticides & Fungicides shall be only those which are approved or recommended for use near open water bodies and those specified. Only the Federal Environmental Protection Agency(EP A) approved products shall be used. All pesticides are to be registered and approved for use by the Florida Department of Agriculture. Submit as needed a schedule ofliquid and granular materials to be used in the control of pests and disease infestation, to include the reason for their use, and the method of application before it is delivered and used on the project. The need for pest and disease control, will be determined by the Contractors Project Supervisor and approved by the City Project Manager. Also, if requested by the City, the Contractor will furnish documentation that the implementation of these control measures for pests and disease infestation is in strict compliance with all Federal, State, and Local Regulations. 4.3.8 Miscellaneous Materials Mulch shall be grade B shredded cypress bark, free offoreign matter. Substitutions of this material shall be approved by the Project Manager prior to application. 4.4 EQUIPMENT Equipment supplied by Contractor shall be designed for or suited to the grounds maintenance task in which it is to be used. Equipment will not be used in areas or to perform tasks where damage will result to the landscapes or sites. Contractor shall maintain supplied equipment in a good appearance and all equipment shall be maintained in a safe, operational and clean condition. Upon specific request by the City, the Contractor will supply a current list of supplied equipment used by the Contractor, including item, model, manufacturer, year manufactured, and serial numbers. The Project Manager or his designee shall have the right to reject the use of any specific piece of supplied equipment on the site, by notification to Contractor. END OF SECTION BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 4S TO PROVIDE GROUNDS MAINTENANCE SERVICES BID # 04-02/03 5.0 GROUNDS MAINTENANCE FUNCTIONS AND TASKS 5.1.0 Turf Care (Not Used) 5.2.0 Pruning Shrubs and Ground Cover Plants Bed Area Maintenance All shrubs and ground cover plants growing in the work areas shall be pruned as required, to- maintain plants in a healthy, growing, flowering condition and to maintain plant growth within reasonable bounds to prevent encroachment of passageways, walks, streets, view of signs or any manner deemed objectionable by the Project Manager. 5.2.1 Landscape Bed Area Maintenance The Contractor shall keep the bedded areas free of dead plants, leaves, and branches at all times. All beds shall be vertically edged, and kept weed free at all times. Edge grass at plant bed lines to keep grass from growing toward shrubs, keep the width of sod as it was originally placed. 5.2.2 Shrubs All shrub material shall be pruned a minim urn of once per month to insure the best shape, health, and character of the individual plant. Mechanical trimming may only be utilized when the health or appearance of the plant will not be damaged by the mechanical trimmers. 5.2.3 Groundcover All groundcover material shall be pruned a minimum of once per month to insure the best shape, health, and character of the individual plant. Goundcover plants shall be selectively cut back to encourage lateral growth and kept inbounds and out of other plantings, walkways, lighting, etc. Mechanical trimmings may only be utilized when the health or appearance ofthe plant will not be damaged by the mechanical trimmers. 5.3.0 Trees and Palm Pruning Trees and palms are to be maintained in a healthy, growing, safe, attractive condition and in their proper shape and size according to variety, species and function in the landscape or as specifically directed by the Project Manager. 5.3.1 Trees Natural ShaDing and Thinning Prune, thin, and trim all trees at once a year to keep the trees healthy, to maintain the natural character of the variety, to control shape and to prevent crowding. Pruning in general shall consist of the removal of dead, broken, fungus infected, BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 46 superfluous, and intertwining branches, vines, and the removal of dead or decaying stumps and other undesirable growth. Tree branches shall be pruned up to seven (7') feet over walkways and in areas so designated by the Project Manager. All tree pruning shall be accomplished with standard practices including; Cuts should be made with sharp and proper tools. When cutting parts of branches, leave a living bud at the end of the stub. Make cuts sufficiently close to parent stem so that the healing can readily start under normal conditions. On trees known to be diseased, disinfect tools after each cut and between trees. Prune only at the time of season proper for the variety. Prune or trim, at least once or twice each growing season to keep the natural shape of the individual plant. Pruning shall include the following items: - Dead, dying or unsightly part of the tree _ Remove sucker growth from base of the trees in which an exposed trunk character is desired - Branches that grow toward the center of tree - Crossed branches that may rub together - V crotches, ifit does not ruin the appearance of the tree - Multiple leader ifthe tree normally has only a single stem _ Nuisance growth that interferes with view, traffic, sign age, walks, or lighting. _ Nuisance growth includes the removal of all dangerous thoms, spikes or appendages which-show potential conflict with people. - Shape top of small trees as needed All branches, dead wood, and cuttings shall be removed from the job site at time of pruning and disposed of in an acceptable manner. All lawn and shrub areas damaged by pruning equipment shall be restored. 5.3.2 Palms Palms shall be pruned once per year to remove dead fronds, weak stalks and to remove seed heads when the dropping of mature fruit causes a sanitation/hazardous condition to walkways and to other pedestrian areas. Certain Washingtonian Palms will be an exception to the pruning practices of normal palm maintenance when existing dead fronds are maintained (bearded). Pruning will also be required periodically to remove dead/damaged branches, remove the encroachment of fronds over streets, private property, street lighting and traffic signs, particularly at a road intersections. 5.4.0 Staking and Guying - and Tree Set-Up Maintain existing and adjust tree stakes, guy wires and hoses or blocks, until trees are capable of standing vertical and/or resisting normal winds, 5.4.1 The Contractor shall be responsible for the complete removal and replacement of those trees lost due to the Contractor's faulty maintenance or negligence, as determined by the Project Manager. 5.4.2 Replacement shall be made by the Contractor in the kind and size of tree BID NO: 04-02/03 CITY OF MIAMI BEACH DATE: 11113/02 47 determine by the Project Manager. Where there is a difference in value between the tree lost and the replacement tree, this difference will be deducted from the Contract payment. In all cases, the value ofthe tree lost shall be determined by the Project Manager using the latest "Plant Finder" value determination. 5.4.4 All trees that have died or have been blown or knocked over are to be reported immediately upon discovery to the Project Manager. 5.5.0 Exotic Specie/Attachment removal 5.5.1 With prior approval from the Project Manager, it is the Contractor's responsibility to remove and properly dispose of all dead or injured trees and/or weed trees such as but not limited to Florida Holly or Leucana or Australian Pine. Contractor shall set and support trees that have been knocked or blown over. 5.5.2 The Contractor shall be responsible for removing all signs, posters, boards, supports and any other material(s) attached or fastened to trees, or from elsewhere on the project site, as directed by the Project Manager. 5.6.0 Weed Control 5.6.1 All landscape areas within the specified area, (except lawns), shrub and ground cover beds, planters, and areas covered with gravel, shall be kept free of all weeds at all times. This means complete removal of all weed growth shall be accomplished at each mowing cycle. For the purpose ofthis specification, a weed will be considered as any undesirable or misplaced plant. Weeds shall be controlled either by hand, mechanical, or chemical methods. The Project Manager may restrict the use of chemical or mechanical weed control in certain areas. Mechanical weed control shall not disturb the mulch layer so as to expose the underlying soil. 5.6.2 Weeds are to be mowed, trimmed, or edged from turf areas as a part of turf care operations. 5.6.3 Weeds are to be manually removed from shrub, hedge, ground cover or flower beds, unless chemical or mechanical means are specifically authorized by the Project Manager. Persistent weed growth such as the growth of sedges shall be killed with "round up" whenever possible. 5.6.4 Weeds are to be removed from walkways, curbs, expansion joints, and along fence lines and- guardrails at each mowing cycle or as otherwise directed by the Project Manager. 5.6.5 If infestations cannot be controlled by hand-pulling, or herbicide use will damage or kill the shrubs or ground-covers, the bed may be excavated, after removing all plants. Then, weeds may be destroyed before replanting by any of the following methods: A. Sterilize the soil, or B. Allow weeds to reestablish a vegetative top and treat with a systemic herbicide, at least BID NO: 04-02/03 CITY OF MIAMI BEACH DATE: 11/13/02 48 C. two (2) applications, about two (2) weeks apart, or until there is a 90% control. D. Immediately after replanting, apply a pre-emergent herbicide to reduce future infestations. 5.6.6 If it is determined by the City that the Contractor responsible for maintenance allows weed infestations to spread beyond the ability to control them, then the removal, treatment, and replacement of the planting bed shall be done as described above by the Contractor at no cost to the City. Soil which exhibits significant weed growth within one (I) month after planting, (20% ground coverage ofthe bed by weeds) shall be considered as previously weed-infested. 5.7.0 Litter Control 5.7.1 Contractor Generated Trash: The Contractor shall promptly remove all debris generated by his pruning, trimming, weeding, edging, and other work required in the specifications. Debris must be disposed of at an authorized site for commercial use. Neighborhood trash transfer stations or road side piles are not considered authorized sites. The Contractor shall clean driveways and paved areas with suitable equipment immediately after working in them. All cuttings are to be removed on same day as cut. 5.7.2 Litter Removal: In addition to the litter removal required to accomplish the mowing operation, the Contractor shall be responsible for litter removal on Mondays, Thursdays, Saturdays and Sundays to be done in such a manner and with sufficient personnel so that the entire site is cleaned on or before 2:00 P.M. each of those days. 5.7.0 Fertilization 5.7.1 The fertilizer used shall be a commercial grade product and recommended for use on each plant type. Specific requirements should be determined by plant type, soil type, and time of year. Applications shall proceed continuously once begun until all areas have been completed. In the event fertilizer is thrown on hard surfaces, it shall be removed immediately to prevent staining. The Contractor shall inform the Project Manager at least three (3) days in advance before beginning any fertilization program. 5.7.2 Turf (Not Used) 5.7.3 Groundcover, & Shrubs A. The fertilizer for all planted shrubs and groundcovers shall meet appropriate horticultural standards with an N, P, K ratio of 4: I :3, unless soil conditions or plant species dictate differently, with 25% - 50% slow release nitrogen. All shrubs and groundcovers shall be fertilized by broadcasting by hand over the beds three (3) times per year. Fertilizer should be applied Spring, Summer and Fall at labeled rates. B. BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 49 C. The Contractor shall establish a program that will fertilize all shrubs and groundcover, describing the type of fertilizer required for each type of plant and the time of year this work will be undertaken. A copy for approval of the fertilization schedules shall be made available to the City no less than one (1) month prior to application. Any plants damaged by over-fertilization shall be replaced at the Contractor's expense. Changes in fertilization rates, methods and composition must be approved by the City in writing. 5.7.3 Fertilization Trees, & Palms A. The fertilizer for all the planted trees shall meet proper horticultural standards with an N, P, K ratio of 4: I :5, unless soil conditions or plant species dictate differently, with 25% - 50% slow release nitrogen. Trees IPalms shall be fertilized twice yearly: Spring and Fall at labeled rates. B. The Contractor shall establish a program that will fertilize all trees and palms, describing the type of fertilizer required for each type of plant and the time of year this work will be performed. A copy for approval of the fertilization schedules shall be made available to the City no less than one (I) month prior to application. Any trees damaged by over- fertilization or by the use of wrong type offertilizer shall be rep laced at the Contractor's expense. Changes in fertilization rates, methods, and composition must be approved by the City Project Manager in writing. 5.8.0 General Use of Chemicals The Contractor shall submit a list of all chemical herbicides and pesticides proposed for use under this Contract for approval by the City Project Manager, including Material Safety Data Sheets MSDS) for each item. Materials included on this list shall be limited to chemicals approved by the State of Florida, Department of Agriculture and Consumer Services, and the Florida Department of Transportation, and shall include the exact brand name and generic formulation. The use of any chemical on the list shall be based on the recommendations of and be performed under the direction of a Certified Pest Control Operator, with a Lawn & Omamentallicense (Bureau of Entomology and Pest Control). No chemical herbicide or pesticide shall be applied until use is approved, in writing, by the Project Manager as appropriate for the purpose and area proposed. 5.8.1 Pest Control Vehicle shall be operated by Company's Certified Pest Control Operator only, and shall be properly identified with Company name. The Pest control vehicle should include the following items: _ Split tank (50-100 gal one tank! 100-200 gal second tank), mounted on truck, not on trailer. Pesticide spill kit. Truck mounted 5-10 gal i :lglool i water cooler JD-9 spray gun with extension and Lesco turf-grass spray gun with varying GPM nozzles. BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH SO Hazard/warning light on top of cab and/or lighted arrow board All pesticides/fertilizers stored in truck must be in approved containers to avoid leaks, spills, and unwanted odors. 5.8.2 Certified Pest Control Operator (PCO) must have a valid PCO license from the Department of Agriculture and Consumer Services, Bureau of Entomology and Pest Control Services, in the Lawn & Ornamentals (L&O) category. The PCO will be responsible for the monitoring/inspection of assigned City landscape areas and for the pest control/fertilizer applications resulting from such monitoring/inspections. These designated areas will be kept pest free through preventative pesticide applications (where applicable) and through early detection of pest problems and their subsequent control. Nutritional deficiencies of turf grass and ornamentals will be prevented by the timely application of liquid and granular fertilizer materials (soil and/or foliar applied). Ifnutritional or pest problems develop, they will be treated/managed at an early stage to avoid further decline of plant material. Plant material that declines and dies from the applicator's improper management or lack of, will be replaced at the cost ofthe Applicator's Pest Control Contractor. The following items apply to the Certified Applicator: Must apply pesticides with the PPE (personal protective equipment) as specified on the pesticide label Must use chemical resistant rubber gloves, as a minimum, when mixing and handling pesticides at the Parks Facility. Must maintain a daily log of all pesticide applications as specified by DACS, Chapter 487 Pest Control Law. Must maintain a current daily inventory of fertilizer use. Must inform City Project Manager of pesticide/fertilizer needs. These materials will be purchased on an as needed basis by the Parks Department. Must be able to operate Cushman mounted pendulum fertilizer spreader. Will be directly supervised by City Project Manager. 5.9.0 Disease and Pest Control To control or eradicate infestations by chewing or sucking insects, leaf miners, fire ants, and other pests and diseases, spray affected plants with chemical sprays and combinations of sprays suitable for that particular pest when the infestation or infection becomes evident and as often thereafter as necessary. Contractor shall be fully licensed to spray pesticide. Contractor shall use sound cultural practices that aid in preventing the presence or proliferation of insect and diseases. 5.9.1 Royal Palms: One (1) root drench application of Merit 75 WP insecticide (Imidacloprid) , during the recommended application (December - February), to control/prevent infestations of Royal Palm red-eye bug (Xylastodoris luteolus). City Project Manager shall be advised before application. 5.9.2 Medjool, Zabeedi Date Palms: Apply a root drench two (2) times a year, of a Clearys #26019 and Subdue fungicides, per labeled instructions. The first application to be done in March and the second application in November. BID NO: 04-02103 CITY OF MIAMI BEACH DATE: 11/13/02 51 Additional applications are to be done on an as needed basis. City Project Manager shall be advised before applications 5.10.0 Application of Herbicides Contractor may apply various herbicides by means of spray type devices to aid in the control of unwanted weeds and vegetation. All applications shall be performed by an applicator possessing a valid license from the Department of Agriculture and Consumer Services, Bureau of Entomolgy and Pest Control Services, and shall be done in accordance with the product manufacturers recommended rates and all applicable Federal, State, County and Municipal regulations. Herbicides may be used only with prior approval by the City as to type location, and method of application. 5.10.1 The Contractor shall exercise extreme care so as not to over spray and affect areas not intended for treatment. Areas adversely affected by such over spray shall be restored by the Contractor at his expense. 5.10.2 The Contractor shall advise the Project Manager within (24-48) hours after disease or insect infestation is found. He shall identify the disease or insect and recommend control measures to be taken, and, upon approval of the Project Manager, the Contractor shall supply and implement the approved control measures, exercising extreme caution in application of all spray material, dusts or other materials utilized. Approved control measures shall be continued until the disease, or insect is controlled to the satisfaction of the Project Manager. 5.10.3 When a chemical is being applied, the applicator have in their possession all labeling associated with the chemical including the current Material Safety Data Sheet (MSD) sheets for that particular chemical. Also, the chemical shall be applied as indicated on the said labeling. A specimen label for each product shall be supplied to the City. 5.10.4 All insecticides shall be applied by an operator licensed pursuant to Chapter 487 ofthe Florida Statutes. The operator shall have the license/certification in his or her possession when insecticides are being applied. The implementation of control measures for pests and disease infestations shall be in strict compliance with all federal and local regulations. Upon request, the Contractor shall furnish documentation of such compliance. 5.10.5 The spraying of insecticides and other such chemicals are to be confined to the individual plant. Spraying techniques which may introduce the material being sprayed beyond the immediate area of the individual plant are strictly prohibited. 5.10.6 Spray material on foliage only during calm days. Do not apply when leaves are wet, when rain is expected within 3-4 hours after spraying, or when temperatures exceed 90 degrees Fahrenheit unless labeled directions allow. Spray at times when traffic is lightest (i.e., early mornings or weekends). Use a spreader-sticker to aid in adherence and absorption of the material ifnecessary. Wash material off of pavements and buildings immediately after applying. 5.10.7 The Contractor shall utilize all safeguards necessary during disease or insect control operations to ensure safety to the public and the employees of the Contractor. 5.10.8 Copies of Current Material Safety Data Sheets (MSDS) for all chemicals used BID NO: 04-62/03 DATE: 11/13/02 CITY OF MIAMI BEACH 52 for pest control under this Contract shall be provided to the Project Manager before the use of said chemicals. 5.11.0 Verticutting, Aeration and Topdressing (Not used) 5.12.0 Turf Renovations (Not Used) 5.13.0 Irrigation System Maintenance and Watering Contractor will be responsible for the operation and maintenance of the automatic/ manual irrigation systems and for setting and adjusting the timer to insure proper watering of all plant material in the landscape. Contractor will be responsible under this agreement for the labor and supervision to make irrigation repairs to the lateral line, risers and sprinkler heads up to one inch (I ") in diameter as required to keep the system operating. Major repairs to main lines, valves, pumps and in-take piping shall be reimbursed by the City. Reimbursable repair work shall require authorization by the City prior to commencement. 5.13.1 Prior to commencement ofthe maintenance program, the Contractor shall have twenty-five (25) days from start of contract to inspect the irrigation system and report present damage or incorrect operation and coverage to the City. The Contractor will be responsible for the integrity ofthe system after this initial inspection report and subsequent repairs. 5.13.2 The timers shall be checked once a week and as may be required. The Contractor will also, at least once a month, fully operate all the irrigation zones and replace, repair or clean all irrigation heads, lines, valves, valve boxes, filters and controllers as needed. Any equipment damaged by the Contractors operation shall be replaced with the same equipment and by the same manufacturer. 5.13.3 The irrigation shall be capable of providing 1-1/2" of water to all lawns and shrub beds each week or as often as required to provide for a uniform lush green landscape appearance. System shall be adjusted during the various seasons as to comply with water shortage legislation as declared by the South Florida Water Management Division (SFWMD) and enforced by local agencies. The Contractor shall be required to make all repairs within a 24 hour time period or sooner as directed by the City's Project Manager (PM). Any form of damage to the irrigation system must be reported to the (PM) immediately upon discovery. 5. 13.4 Irrigate as necessary during oflittle or no rainfall using the automatic irrigation system and any supplemental watering necessary to apply proper amount of water to keep the plant material in optimum health. Supplemental watering may require a large portable water tank, impact sprinklers, and additional hose to be supplied by Contractor. 5.13.5 A written irrigation schedule will be provided by the Contractor and any operation of irrigation outside the previously approved scheduled time must have the advance approval of the City. 5.13.6 Contractor shall be responsible for controlling the amount of water used for irrigation and any damage that results from over-watering or insufficient BID NO: 04-02/03 CITY OF MIAMI BEACH DATE: 11/13/02 53 watering shall be the responsibility ofthe Contractor. 5.14.0 Watering During periods when the irrigation system is not operational, either due to breakdown of the system, or an extended electric power failure, it shall be the responsibility of the Contractor, 5.14.1 Supply of water suitable for irrigation shall be the Client's responsibility. Distribution of the water to the plants shall be the responsibility of the Contractor through the setting of timers and regardless of damage or system failure for any reason which affects the proper operation of the individual location's Irrigation system. Contractor shall use hand watering, water trucks, portable pumps, etc. as required to distribute the water. 5.14.2 Apply water in quantities and at intervals necessary to maintain the plants in a healthy growing condition. 5.15.0 Irrigation System Shall be constantly maintained and adjusted to insure that no water from the system hits the road surface and becomes a hazard to vehicle operators. 5.16.0 Mulching Beds Replenish mulch in shrub beds as required to cover areas of bare soil, especially at the edge of the bed and in places where the shrub canopy has not grown together to shade the soil. Add mulch around tree- trunks in sod areas. Mulch shall be added to maintain a constant (1-2 ") inches thickness. Do not pile mulch against tree trunks and shrub stems. 5.16.1 Use shredded Melaleuca, Cypress or Eucalyptus mulch or grass clippings collected from mowing. 5.17.0 Sand Removal I Policing: Cleaning of debris within the confines of the parks by blowing, sweeping, or vacuuming or other means must be perfonned as required to keep paved, bricked or concrete surfaces clean and neat at all times. 5.18.0 Skinned Areas (Not Used) 5.18.1 Daily on Non-Game Days: ( Not Used) 5.18.2 Daily on Game Days: (Not Used) 5.19.0 Frequency of Services Frequencies for the sites and services described herein are based upon nonnal circumstances. Individual, several and/or all services to a site or sites may be added at an agreed upon price, or deleted due to natural disaster, excessive rain, disease, drought, fire, vandalism, accident, insufficient funds and/or any other reason at the sole discretion of the PM. END OF SECTION BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH S4 TO PROVIDE GROUNDS MAINTENANCE SERVICES BID # 04-02/03 6.0 PERFORMANCE CONTROL AND INSPECTIONS 6.1.0 Maintenance Quality The quality objective of all services and materials provided by Contractors in accordance with conditions and specifications herein, is to maintain and service various listed sites, and to keep them in a healthy, growing, clean and attractive condition throughout the year. 6.2.0 Maintenance Standards, Frequencies, Work Method All work shall be performed in accordance with the highest professional maintenance standards and horticultural techniques. Frequencies set for certain repetitive maintenance functions and tasks in specifications may be increased, if necessary to achieve the Quality Objective. Standard and frequencies may be modified from time to time by the City of Miami Beach Assistant Director of Parks as necessary to assure proper maintenance to achieve the Quality Objective. All work shall be done in a thorough and workmanlike manner under competent Contractor supervision to the satisfaction of the City of Miami Beach Assistant Director ofParks/Project Manager. The Contractor shall have the exclusive duty, right, and privilege to perform Grounds Maintenance and Services, as specified herein. 6.3.0 Inspections The Contractor's Representative shall perform maintenance inspections daily during daylight hours of all sites assigned for the day. Inspections by City of Miami Beach Parks Personnel shall provide continuing inspection of the sites to insure adequacy of maintenance and that methods of performing the work are in compliance with these specifications. Discrepancies and deficiencies in the work shall be brought to the attention ofthe Contractor's Representatives in writing, directly by the City of Miami Beach Project Manager, and shall be corrected by the Contractor immediately. 6.3.1 The City of Miami Beach Project Manager and the Contractors Representatives shall meet on-the sites once a month, or more frequently at the discretion of the Project Manager, for a walk-through inspection. The meeting shall be at the convenience of the City of Miami Beach. All on-going maintenance functions shall be completed prior to this meeting. Even if no meeting occurs all maintenance as detailed is to be performed. 6.4.0 Deficiency Notices and Liquidated Damages Ifthe City of Miami Beach Procurement Director determines that there are deficiencies BID NO: 04-02103 DATE: 11113/02 CITY OF MIAMI BEACH 55 in the performance of the contract, the City of Miami Beach Procurement Director will provide a Notice to the Contractor to correct the deficiencies within seven (7) days of notification. If both parties agree that actual damages would require more' than seven (7) days to repair, a time frame, in writing, will be determined by the City of Miami Beach Procurement Director for that deficiency. The parties agree that the Contractor shall be liable to the City of Miami Beach for liquidated damages (not a penalty) in the amount of two hundred dollars ($200.00) per day, for each day exceeding the above noted time frame per deficiency, that the Contractor fails to correct deficiencies of the Notice. 6.5.0 City of Miami Beach Right to Correct Deficiencies Additionally, and notwithstanding the above provision, the City has the right to move on site with City forces or private Contractors to correct deficiencies seven (7) days after notification in writing, by the City of Miami Beach Parks and Recreation Department Director, or his designee. If, in the sole discretion or judgment of the Purchasing Agent, the Contractor and/or his employee(s) are not properly performing the services required under the Contract, then the Contractor and/or all employees may be temporarily replaced by City personnel and payment to be made by the City may be suspended while the matter is being investigated. Total costs incurred by completion of the work by the City will be deducted and forfeited from the payments to the Contractor from the City. This section shall not be construed as a penalty, but as an adjustment of payment to Contractor for only the work actually performed, and the recovering of City costs from the failure of the Contractor to complete or comply with the provision of the Contract. 6.6.0 Quality Control - Performance Reports The Contractor shall submit to the City Project Manager a report of his performance for the preceding month, under terms of the Contract. These reports shall be postmarked no later than the fifth (5 Th) day of each month following the month in which services were performed. Failure to do so shall result in delay of payment until this requirement is fulfilled. Forms for performance reporting shall be provided by the City END OF SECTION BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH S6 TO PROVIDE GROUNDS MAINTENANCE SERVICES BID # 04-02/03 7.1.0 SCHEDULING 7.1.1 Contractors shall accomplish normal landscape maintenance required under the Contract during daylight hours. The City Project Manager may permit night scheduling on an individual function or task basis. 7.1 .2 Contractor shall schedule and conduct the work at times and in a manner which shall not interfere with normal pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets, and shall not cause annoyance to residents near the site or users of the site. During periods of peak rush hour traffic, the Contractor will not block or impede arterial or collector streets and will conform to roadway work procedures as required by State, County or Local regulations. 7.1.3 All work shall be scheduled and completed in a continuous manner, that is, otherthan a holiday or non-work day in order to maintain the site in a uniform manner. 7.1.4 Contractor shall not work or perform any operations during inclement weather which may destroy or damage landscaped areas. 7.1.5 Contractor shall recognize that during the course of the Contract, other activities and operations may be conducted by City work forces and other Contractors within the project location. These activities may include but not be limited to landscape refurbishment, irrigation system modification or repair, construction and storm related operations. The Contractor may be required to modify or curtail certain operations without decreased compensation and shall promptly comply with any request by the Project Manager. In the event a Site or part of a Site becomes unavailable for servicing by the Contractor, the Project Manager may temporarily delete the Site or part of the Site and compensation to the Contractor will be decreased. 7.1.6 Contractor shall, during the hours and days of operation, respond to all emergencies within two (2) hours. 7.1.7 Contractor shall have completed all Landscape Maintenance functions prior to the scheduled maintenance inspection. 7.1.8 Landscape Maintenance Schedules Contractor shall provide work schedules for each site which shall be submitted to the Project Manager within ten (10) days after the effective date ofthe Contract. Said work schedules shall be set on an annual calendar identifying the task and frequency of work. The schedule shall delineate the time frames for the landscape maintenance functions or tasks by day of the week, morning and afternoon. Thereafter, any changes in scheduling shall be submitted in writing to the Project Manager within five (5) working days prior to scheduled time for the work. The BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 57 Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Revisions shall be submitted to the Project Manager within five (5) working days prior to scheduled time for the work. END OF SECTION BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 58 TO PROVIDE GROUNDS MAINTENANCE SERVICES BID # 04-02/03 8.1.0 ADDITIONAL WORK The Project Manager may, at his discretion authorize the Contractor to perform additional work, including, but not limited to, mowing, trimming, weeding, edging, litter pickup, repairs and replacements when the need for such work arises out of extraordinary incidents such as vandalism, acts of God, and third party negligence, or for any additional basic landscape maintenance needed. Any work not provided for elsewhere in the Contract and authorized by the Project Manager and performed by the Contractor shaH be considered as additional work and shaH be paid as specified on the Bid Proposal. Prior to performing any additional work, the contractor shall prepare and submit a written description of the work with a cost estimate which conforms to the unit pricing found in the Bid Proposal to the Project Manager. No work shall commence without the written authorization from the Project Manager. Not withstanding the above authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the Project Manager may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. However, within 24 hours after receiving a verbal authorization, the Contractor shall submit a written estimate to the Project Manager for the required approval. END OF SECTION BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 59 TO PROVIDE GROUNDS MAINTENANCE SERVICES BID # 04-02/03 9.1.0 BID SUBMITTAL In addition to the documentation and information requested herein, the Bidders shall submit the following information with their bid: 9.1.1 Company Profile A profile describing the organization represented by the bidder must be furnished with the bid submittal. This will include: *Company history and present organization; *Name of Principal or Owner(s); *Name of Affiliates, Subsidiaries, etc.; *Years of company experience under present ownership; *The local office address and phone number from which account would be administered; *History of local office, including opening date; *Normal hours of operation oflocal office; *Name of person in charge of local office; *Number of maintenance personnel in the south Florida area normally available to emergency calls; *List of all services company is capable of providing. 9.1.2 Personnel I.Provide an organizational chart of entire structure that is proposed to service account; 2.Provide resumes of key management personnel; 3.Listjob descriptions for all positions in the organization described in #1 above; 4.Include description of proposed uniforms; S.Provide your overall employee policy and training program; 6.Provide outline of safety program. 9.1.3 Turf Maintenance I. List proposed fertilizer type and rate for each turf type and other specific nutrient additives; 2. List proposed application schedule (annual basis); 3. Describe proposed mowing schedule and procedures; 4. Describe proposed preventative pest management program. 9.1.4. Skinned Area Maintenance (Not Used) 9.1.5 Tree and Palm Maintenance Program I. Provide type(s) of fertilizer and rates proposed for general use, and other specific nutrient additives; 2. List proposed application schedule (annual basis); 3. Describe proposed pruning schedule and procedures; 4. Describe proposed preventative pest management program. BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 60 9.1.6 Shrub and Ground Cover Maintenance Program 1. Provide type(s) of fertilizer and rates proposed for general use, and other specific nutrient additives; 2. List proposed application schedule (annual basis) 3. Describe proposed pruning schedule and procedures; 4. Describe proposed preventative pest management program. 9.1.7 Irrigation Maintenance Program 1. Describe preventative maintenance program. 9.1.8 Equipment Specifications 1. List all tools, equipment (including manufacturer) and quantities of each type that be proposed to perform maintenance. 9.1.9 Bidders Supplement 1. Copies of all applicable licenses, permits, etc. required perform the services; 2. List of clients with specialty turf types the bidder currently has, along with contact information; 3. Miscellaneous Information - this section of the proposal should include any additional information about the services or bidder that is not addressed elsewhere in the proposal. 9.2.0 Schedule of Values (attached pages 66-67) BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 61 TO PROVIDE GROUNDS MAINTENANCE SERVICE BID #04-01103 BID FORM We propose to furnish all labor, tools, equipment, transportation, permits, licenses, services and incidentals necessary in order to provide Grounds Maintenance Services for the City of Miami Beach, in accordance with Bid Specifications, as follows: ZONE # Per Month/Per Year Price LocatioD Description A Eastern Boundary of the Course on Chase Ave. West to 5 l.;1m: x 12 mo. = 5 20}JOO Alton Rd. B Alton Rd South to Michigan Ave. 5~ x 12 mo. = 542.000 C Michigan Ave./Dade Blvd South-East to Meridian Ave 5 ~ x 12 mo. = 5 '..000 D Meridian Ave. North to 28th Street and East to the 5.lil2.. x 12 mo. = 5 fIl.OOC. Eastern Boundary of the Course. E Sunset Island I & II Entrance. (As described on Page 5 J./!itr). x 12 mo. '"" 5 \~pc:O 1) Scope of Work) GRAND TOTAL: 5 Q2. ~O('J. 00 }j~Y)e1lt-=twG -t10usClnd..::fnr)(' hut'1d('~d afl6 ce.m cents. WRITTEN AMOUNT 810 NO: 04-12/03 DA TE: 11/13102 CITY Of M,!AMI BEACH 6? Labor Rates ( for Work other than specified herein, at the direction of the City) Item # Job Classification Hourly Rate 5 Hourly rate per Contractor Regular time: S 25 Representative Overtime: S ."lh. 6 Hourly rate per Regular time: S 10. Laborer/Groundskeeper Overtime: S ~n. 7 Hourly rate per Irrigation Regular time: S .~t; Technician Overtime: S 4t; 8 Hourly rate per Large Regular time: S ~C; Equipment Operator Overtime: S 41; 9 Hourly rate per Regular time: S ."'~ SupervlsorlForeman Overtime: S lP; 10 Hourly rate per Climber Regular time: S "'6 Overtime: S 4e; 11 Hourly rate per Certified Regular time: S f:cJ Arborlst 7_fj Overtime: S TO PROVIDE GROUNDS MAINTENANCE SERVICES BID #04-01/03 BID NO: O4-OZl03 DATE: J 1113/02 CITY OF MIA-MI BEACH 63 12 Hourly rate per Pest Regular time: S ~t:; Control Tecbnlclan lJ~ Overtime: S Materials ( for Materials not specified herein, to be installed at the direction of the City) Item # Description Unit Price Installed 13 St. Augustine Sod S 250. Ipallet 14 Shredded Cypress Mulch S lfO. Icubic yard 15 Seasonal Color 4" Dnen S J.~5 leach 16 For all other materials not specified, Contractor shall Vendor COSTS. furnish at Vendor COSTS. BID NO: 04-02/03 DATE: 11/13102 CITY OF MIAMI BEACfJ 64 TO PROVIDE GROUNDS MAINTENANCE SERVICES BID #04-02/03 ADDENDUM ACKNOWLEDGEMENT: ADDENDUM NO. I . DATED Id-/;(,~f? SIGNATURE OF PERSON SIGNING BID I~~~ NO. PAYMENT TERMS: NET 30. If other, specify here ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMA nON TO BE CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE. NAMErrITLE(Print): --8:te.'df'n M~'Z7~~reJIn. /GeY'Jer,)) IL/u,.. , v ADDRESS: \1D10n ~.uJ. 122.. AVe.fHJe CITY/STATE: ~. . \~m\ f'L ZIP: 3,''Jl:) I g TELEPHONE NO: '2{)S, ~2g. SZg2- FACSIMILE NO: SIGNED: BID NO: 04-01103 DATE: 11/13/02 CITY OF MIAMI BJ!;ACIf 65 IN WITNESS WHEREOF, the parties ave et their hands and seals the day and year first above written. MIAMI BEACH ATTEST: Jl&luAf P O-N~ City Clerk CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE. [If incorporated sign below.] ATTEST: f)(~() ~/)1J'.u-MMIl4/l (Secr ary) (Corporate Seal) By: ~.14 .m day of liar . 20&... [If not incorporated sign below.] CONTRACTOR WITNESSES: By: (Name of Firm) (Signature) (Print Name and Title) APPROVED AS TO FORM & L/.>.r,iG! JAGE & FOR G EcvTlO'\! _ day of ,20_. CITY REQUIRES FIVE (5) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION BID NO: 04-02103 DATE: 11/13/02 CITY OF MIAMI BEACH 66 TO PROVIDE GROUNDS MAINTENANCE SERVICES #04-02/03 BID CHECK LIST To ensure that your bid is submitted in conformance with the Contract Documents, please verifY that h flU .. h bid db' d 'ed t e o owmg Items ave een comPJete an su mltte as reQulr X Original and one copy of bid (including all submittal information) General Conditions Section 1.1 Special Conditions Section 2,25 X Execution of Bid General Conditions Section 1.2 X Equivalents/Equal Product General Condition Section 1.10 Special Conditions Section 2.27 Insurance and Indemnification (including Insurance Checklist) X General Condition Section 1.33 Special Conditions Section 2.8 Bid/Performance Bond X General Condition Section 1.34 Special Conditions Section 2.12 X Warranty Special Conditions Section 2.17 X Product/Catalog Information Special Conditions Section 2.18 X References Special Conditions Section 2.19 / Page 68-69 X Bidder Qualifications Special Conditions Section 2.22 X Exceptions to Specifications Special Conditions Section 2.24 X Contractor's Questionnaire Page 70-71 BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 67 TO PROVIDE GROUNDS MAINTENANCE SERVICES BID N 04-02/03 CUSTOMER REFERENCE LISTING Bidders shaH provide a list of eight (8) references which shaH include the name of the company, a contact person and the telephone number. Contractor shaH provide at least four (4) references for Grounds Maintenance Service Projects completed, with each project baving a total cost of fifteen-thousand dollars (515,000) or higher. 1) Company Name eit~ nr ~mbmke.J?,'rles Address \'Ocns ~emb(('\\p ~. (Jl'..tnbmle..A'nes, rL . Contact Person/Contract Amount Shawn 'i1ar-aia~325.000.00 Telephone Number _(q54 ~ 4:'>1_:J III 2) Company Name ...B.i..\\IP-X lakp.<: Community Address ~ak~ ~'nes FL Contact Person/Contract Amountj}JOJ?15lS EVOJns IIJ,!XO,ooo.oo I Telephone Number (Q.54 ') (J?l~ ~ fLJ670 3) Company Name .c..dl.( of' Corti)) Gpr,'n,g's Med,sns Address (' L")r;;l \ 8ft; nssJ L Contact Person/Contract Amount PJi II C5J..'i1e/Ji J'2C,O,DCt).OO I Telephone Number (95f.1) ~~5' 2.11l21 4) Company Name C', Address ZlOO t1e.riJ;::;.Y)A\!enue Contact Person/Contract Amount2a.~r7 ~rckL/J'iEOfX.O.(.,'(J Telephone Number C~) ~ 1?-:. ~ 77 2f) aiD NO: 04-01/03 DATE: 11113/01 CITY OF MIAMI BEACH 68 5) Company Name S(jr''lSp.''l_LaJ(L'~S CDmmunity Address Jr~C SUYJrI:~ Ave. M/rCJmar: FL Contact Person/Contract Amount ~Jp. .t:;rn::J) J J 1'100.. ()fXJ.tO I Telephone Number (Q6Y) 4'12 ~ J79 Z 6) Company Name Address Contact Person/Contract Amount Telephone Number 7) Company Name Address Contact Person/Contract Amount Telephone Number 8) Company Name Address Contact Person/Contract Amount Telephone Number "D NO: 04-01103 DATE: 11/13101 CITY OF MIAMI BEACH 69 CONTRACTOR'S OUESTIONNAIRE NOTE: Information supplied in response to this questionnaire is subject to verification. Inaccurate or incomplete answers may be grounds for disqualification from award of this bid. Submitted to The Mayor and City Commission of the City of Miami Beach, Florida: By rve.~\~o:!" r('l\limn\'Y\~ritSlI ~"lr~, In2. Principal Office IfD70!5 NW 11'1 A"e.n~. MiqrY\', fL a.~C1C1l2. . How many years has your organization been in business as a General Contractor under your present business name?~ Does your organization have current occupational licenses entitling it to do the work contemplated in this Contract? '1es State of Florida occupational license - state type and number: Dade County certificate of competency - state type and number: City of Miami Beach occupational license - state type and number: Include copies of above licenses and certificates with proposal. How many years experience in similar work has your organization had? (A) As a General Contractor ;l;O)("C; (B) As a Sub-Contractor 7 <"S (C) What contracts has your organi tlon completed? e:>oC> Have you ever had a contract tenoinated (as prime contractor or sub-contractor, under existing company name or another company name) due to failure to comply with contractual specifications? No If so, where and why? nlt~ I << Has any officer or partner of your organization ever failed to complete a construction contract handled in his own name? n('} If so, state name of individual, name of owner. and reason thereof n fA I In what other lines of business are you financially interested or engaged? I'-l e> N t? _ aiD NO: 04-8Z103 DATE: 1111310Z CITY OF MIAMI BEACII 70 Give references as to experience, ability, and financial standing What equipment do you own that is available for the proposed work and where located? What Bank or Banks have you arranged to do business with during the course of the Contract should it be awarded to you? tuachou i::;, ~'::mk....=-(>em'b1'o~ 4?'Y")r"'!!;; (QE;ij') Q~ 6 - .lJ 1'1 Please list the names and addresses of the subcontractors to be used for the portions of the work listed below. correct. (SEAL) (SEAL) BID NO: 04-02103 DATE: 11/13/02 CITY OF MIAMI BEACH 71 ~ EVERGL.ADES 16705 NW 122 Avell.e · Miami, FL n018 (J05) 8U-8282 · nil (305) 828-8080 CORPORATE RESUME lAIIDSCAPE MAlIITEIIAIICE AIID IIISTAllATIOtl AQUATICS MAIIAGEMENT . IRRIGATION lAIIDSCAPE MAIIlTEIIAIICE AIID IIISTALLATlOII AQUATICS MAIIAGEMEIIT . IRRIGATIOII St.VIII Mmlrlnl Ihnenl Mlnlger lhomas del Bosque President 130S1 828.8181 fax: (30S) 818-8080 Toll free: (8001 2S1-0813 1610S IIW Itt AvenuI Mi.lIl, fL 3301S 150S1 811-1212 fu: 150S) S18-IOIO Toll fill: (SOOI 25\-OIS 1610S IIW Itt AveDal Mi.lli, fL 53018 -~'"-~-- .ft.......ftIll "Aala~J:IUNT . IRRIGATION EVERGL.ADES ENVIRONMENTAL CARE. INC. 16705 NW 122 A~enue · Miami, FL n018 (305) 828-8282 · Fax (305) 828-8080 CORPORATE RESUME Everglades Ellvirollmelltal Care, [IIC. is a full service Landscaping Company. Our services include landscape design, installation and maintenance, aquatic plant and wetlands development and management, as well as fertilization, pest control; and irrigation installation, repair and maintenance. El'erglades Ellvirollmelltal Care, [IIC. is fully licensed and insured for up to $2,000,000 to pcrfoml the above listed services. Our properties are managed and inspected weekly by a Horticulturist graduate from the University of Florida who has spent over 20 years in his field. Our crcws are both highly.trained and experienced in the field oflandscape. We own and operate statc of the art cquipment and our crews are neatly unifonncd for a professional appearance that is easily identifiable by our company name and logo. Everglades EIU'irollmelltal Care, rllc. specializes in commcrcial accounts ranging from modcst, to well over $1 ,000,000 per customer. Our design team can customize specifications to meet both your budget and your projcct needs without cver compromising quality. Currently we maintain the landscaping, aquatics and irrigation for the prestigious and award winning 2,500 acre plus communities of SilverLakes and Sunset Lakes. Both of these communi tics are located in the cities of Pembroke Pines and Miramar, Florida, respectively and we welcome your visual inspection of both properties. Our objective, as a service driven company, is to exceed our customers expectations, while at the same time providing them with one of the most competitive prices in the industry. We at Everglades Ellvirollmel/tal Care, rl/C. thank you in advance for considering our company and look forward to doing business with you in the near future. Sincerely, El'erglades EI/viro",IIelltal Care, rl/C. Thomas del Bosque President Slel'ell Mazzarella General Manager 14~n~1!4PF INUAII ArlON AND MAINTENANCE · AQUATICS MANAGEMENT · IRRIGATION EVERGLADES 16705 NW 122 M8nll8 · Milmi, FL n018 (305) 828-8282 · FIx (305) 828-8080 Job Referellces Pines Property J\lanal!:ement.lnc. - T/.omas El'al/s, G(!IIeral "'allager . (SilverLakes Community Association) (Sil\'er Shores - GL Homes) 17340 Pines Boulevard Pembroke Pines, Florida 33029 (954) 438-6570 or (954) 438-3781 Sil\'erLakes - Lell' Tooker, Project Mal/ager 17350 Pines Boule,'ard Pembroke Pines, Florida 33029 (954) 436-8600 Benehmark ProDerh' J\lanal!:ement - DOll Sugarmal/ - Property Mal/ager (La Costa @ Grands Palms) Pembroke Pines. Florida 33027 (954) 344-5353 City of Pembroke Pines - Patti /loot-McCleod, Lal/dscape Supen,jsol' (Area C) 13975 Pembroke Road Pembroke Pines, FI 33027 (954) 437-1111 Cit" of Miami Beach -Robert Pdrdo, Lal/dsL'ape Supe/'l,jsor 2100 Meridian A,.enue Miami Beach, Florida 33169 (305) 673-7720 Sunset Lakes - COIlllie Small, Property /\fal/agel' 18600 Sunrise A "enue Mira mar, FL 33029 (954) 443-1792 11"'M!~lP~ I..UAII ATION AND MAINTENANCE · AQUATICS MANAGEMENT · IRRIGATION EVERGLADES ENVIRONMENTAL CARE. INC. 1670S NW 111 Avenue · Millli, FL 33018 (IOS) 828-8281 · Fax (IOS) 818-8080 I I Developments Everglades Environmental Care, Inc. maintain: SilverLakes Community Association, Pembroke Pines - 300 Acre Site West Ridge - Community Maintenance, Davie - 15 Acre Site City of Pembroke Pines - West Sector of City La Costa in Grand Palms- Pembroke Pines - 96 Homes SilverLakes Phase 3-C, Pembroke Pines - 100 Acre Landscape & Mitigation City of Miami Beach - North Shore Project Silver Shores Homeowners Association - 100 Acre Site Sunset Lakes Homeowners Association Grand Key @ Sunset Lakes City of Coral Springs Heron Bay - Aquatic Management Fiesta Townhomes - Aquatic Management LANDSCAPE INSTAllATION AND MAINTENANCE · AQUATICS MANACEMENT · IRRI8ATION . EVERGL,ADES ENVIRONMENTAL CARE. INC. . . 16705 NW 122 Allenue · Miami, FL n018 (305) 828-8282 · Fax (305) 828-8080 Bank References Wachovia Balik of Pembroke Pilles (954) 433-3933 18395 Pines Boulevard Pembroke Pines, Florida 33029 Person to Contact: Steve Garske, Vice Preside"t lall_n~~aD~llI~Ta~~aTI_nw awn MAINTFNANr.E . AOUATIC.s MANAGEMENT · lill14ATlnN EVERGL,ADES ENVIRONMENTAL CARE. INC. 16705 NW 122 Avme · Miami, FL 33018 (305) 828-8282 · Fax (305) 828-8080 EQUIPMENT LIST Year Description Serial lID II 95 STHM 22CV Scag TraClor 97 STHM-22CV Scag Tractor 97 STHM-22CV Scag Traclor 97 STHM-22CV Scag Tractor 97 F911 JD Front Mower 97 STI61-25CIl Scag Turfligcr Mower 97 STI52-25CH Scag Turfliger Mower 00 STI52-22KA Scag Turfligcr Mower 97 SWZ36-14KA Seag Mower 95 Scag 36" SWZ36 Mower 96 SWZ36-14KA Seag ZTR Mower 96 SWZ36-14KA Scag ZTR Mower 97 SWZ36-14KA Scag ZTR Mower 97 Snapper Lawn Mower 97 CP21550KWV Snapper Mower 99 KAW 36" Hydro 15 liP Mower 00 SWZ366-14KA 96 STIIM-22CV Scag Tractor 97 STIIM-22CV Scag Traelor 98 SHIM-22CV Seag Tractor 98 Ditch Witch Trencher 98 STI52B-22KA Seag TurfTiger 98 SWZ36-14KA Scag Mower 98 STI52l3-22KA Seag TurfTiger 98 STI52l3-22KA Seag TurrTager 00 STI61-22KA Scag TurrTiger 98 72" Dix ie Chopper 99 72" Dixie Chopper 95 Galor Wilily Cart 4x2 95 Gator Utility Can 6x4 96 Gator Utility Cart 4x2 96 Gator Utility Can 6x4 97 Gator Utility Can 4x2 97 Gator Utility Can 4x2 96 WP20XCF6 Honda Water Pump 98 WP20XCF6 Honda Water Pump 98 EW200TR-D Makita Pump 96 Leseo Sprayer Poly 200 Galllonda 96 Lesco Sprayer Poly 50 Gal 3.5 lIonda-inc access 96 Ql3882H l3t11y Goat13lower 96 MDI50DX Maruyama 98 AERO 511P Gas Pump 96 EXMARK 97 l3R400 Stihl OIower 97 l3R400 Stihll3lowcr 96 l3R400 Stihll3lowcr 96 l3R400 Slihll3lower 95 l3R400 Stihl l3lowcr 95 l3R400 Stihll3lower 97 l3R400 Stihll3lower 97 l3R400 Slihll3lower 14751183 27470385 27470545 27470544 MO I 052X I 50363 3610004 3850023 5480032 25470359 13250225 13250258 19960123 25470077 75589942 65654776 Wl330900047 5120119 14750469 22960107 27470692 IR3018 3910023 3230050 3890297 3900238. 5490323 9'120209 9922528 W004X2XOl5618 W006X4XOl6691 W004X2X02082I W006X4XOl9903 W004X 2X022868 W004X2X023448 1012781 1168537 )010726 5PII3823 SPI437 050396028 0795.\671 AERO 50288 36953087 37691577 34093165 34376000 31736173 31736261 35410080 35410078 LANDSCAPE INSTALlATION AND MAINTENANCE · AQUATICS MANAGEMENT · IRRIGATION 99 98 98 97 98 98 98 98 98 99 99 99 99 99 99 99 96 96 95 96 95 97 98 97 97 97 97 97 98 98 98 98 98 98 99 99 01 01 01 98 99 00 00 00 00 00 00 00 00 98 97 EVERGL;ADES ENVIRONMENTAL CARE, INC . 16705 NW 122 A~IIU' · Miami, FL 3301. (305) 1t'-'282 · Fax (305) 828-80'0 Tracker BR400 Srihl Blower DR400 Srihl Blower PB60HT Echo Blower 9HP Honda W/PNEUM Tires Blowers BR400 Slihl Blower BR400 Slihl Blower BR400 Srihl Blower BR400 Slihl Blower BR400 Slihl Blower BR400 Srihl Blower BR400 Slihl Blower BR400 Slihl Blower BR400 Slihl Blower BR400 Slihl Blower BR400 Srihl Blower McMillen Auger Drive w/36" T&S Bit RCX-12 Lowe 12" Carbide Tip Auger SRS2100 EehoTrimmerlPruner HC2400 Echo Hedge Clipper HC2400 Echo Hedge Clipper IlC2400 Echo Hedge Clipper HC2400 Echo Hedge Clipper HC2410 Echo Hedge Clipper STIHL 11585 Hedge Trimmer STIHL HS85 Hedge Trimmer STIHL HS85 Hedge Trimmer STIHL 11585 Hedge Trimmer STIIR 11585 Hedge Trimmer STIHL IIS85 Hedge Trimmer STIHL HS85 Hedge Trimmer STIHL 11585 Hedge Trimmer STIHL HS85 Hedge Trimmer STIHL 11585 Hedge Trimmer STIHL HS85-30 Hedge Trimmer STlHL 11585-30 Hedge Trimmer STIHL 11585-30 lIedge Trimmer STIHL HS85-30 Hedge Trimmer STIHL HS85-30 Hedge Trimmer HL75.30 Angled Trimmer HL75.30 Slick Hedge Trimmer IIL75SA Hedge Trimmer ilL 75SA Hedge Trimmer HL75SA Hedge Trimmer ilL 75SA Hedge Trimmer IIL75SA Hedge Trimmer IIL75SA Hedge Trimmer IIL75SA Hedge Trimmer IlL75SA Hedge Trimmer FS 120R Line Trimmer SRM 3100 Line Trimmer T521TVL 41048363 41207487 007054 198195447 39678870 39595573 38985446 38985439 41208121 42055877 42054250 42980261 42980263 42164783 44017990 16710 31584 005734 032105 0314371025602 035179 001806 031781 36707227 36707238 36707226 33143255 37702879 37702877 37702865 37702878 37702867 37842836 39846991 42141408 47669488 47669492 45368322 40924588 38000288 43872840 4413 7727 43872778 43967839 43967721 43872807 43872791 43872789 139061556 004548 LANDSCAPE INSTALLATION AND MAINTENANCE · AQUATICS MANAGEMENT · IRRIGATION EVERGL;ADES ENVIRONMENTAL CARE. INC. 1670S NW 122 AVlnu. · Milmi, FL 33018 (IOS) 828-8282 · FIX (IOS) 828-8080 EQUIPMENT LIST y ~Ir Deserlplion Serial lID II 9S STHM 22CV Seag Traelor 97 SHIM.22CV Seag Tractor 97 STHM.22CV Seag Tractor 97 STHM.22CV Seag Traetor 97 F911 JD Front Mower 97 STI61.25CH Seag Turfliger Mower 97 STI52.25CH Seag Turfliger Mower 00 STIS2.22KA Seag Turfliger Mower 97 SWZ36.14KA Seag Mower 9S Seag 36" SWZ36 Mower 96 SWZ36.14KA Seag ZTR Mower 96 SWZ36-14KA Seag ZTR Mower 97 SWZ36.14KA Seag ZTR Mower 97 Snapper Lawn Mower 97 CP21550KWV Snapper Mower 99 KA W 36" Hydro 15 HP Mower 00 SWZ366-14KA 96 STII M.22CV Seag Traelor 97 STHM-22CV Seag Traelor 98 SHIM.22CV Seag Traelor 98 Dileh Witch Trencher 98 STI52B.22KA Seag TurfTiger 98 SWZ36-14KA Seag Mower 98 STI52B.22KA Seag TurfTiger 98 STI52B-22KA Seag TurfTiger 00 STI61-22KA Seag TurfTiger 98 72" Dixie Chopper 99 72" Dixie Chopper 95 Gator Utility Cart 4,2 95 Gator Ulility Cart 6x4 96 Gator Ulility Cart 4,2 96 Gator Ulility Cart 6x4 97 Gator Ulilily Cart 4x2 97 Gator Ulilily Cart 4x2 96 WP20XCF6 Honda Waler Pump 98 WP20XCF6 Honda Water Pump 98 EW200TR.D Makita Pump 96 Leseo Sprayer Poly 200 Gal Honda 96 Leseo Sprayer Poly 50 Gal 3.5 Honda-ine access 96 QB882H Billy Goat mower 96 MDI50DX Maruyama 98 AERO 5HP Gas Pump 96 EXMARK 97 BR400 Slihl Blower 97 BR400 Stihl Blower 96 BR400 Stihl Blower 96 BR400 Stihl Blower 95 BR400 Slihl Blower 95 BR400 Stihl mower 97 BR400 Slihl Blower 97 BR400 Slihl Blower 14751183 27470385 27470545 27470544 MOI052X I 50363 3610004 3850023 5480032 25470359 1 3250225 13250258 19960123 25470077 75589942 65654776 WB30900047 5120119 14750469 22960107 27470692 IR3018 3910023 3230050 3890297 3900238. 5490323 9920209 9922528 W004X2XOl5618 W006X4XOl6691 W004X2X02082I W006X4XO I 9903 W004X2X022868 W004X2X023448 1012781 1168537 3010726 5P1I3823 SPI437 050396028 0795.1671 AERO 50288 36953087 37691577 34093165 34376000 31736173 31736261 35410080 35410078 LANDSCAPE INSTALLATION AND MAINTENANCE · AQUATICS MANAGEMENT · IRRIGATION ] J ""' r-. , . . . , . . I , r . I , I , , I I I I , , EVERGL,ADES ENVIRONMENTAL CARE. INC -. 16705 NW 111 AlIm. · Miami, FL33011 (J05) '1'-8181 · nll (J05) 818-'080 99 98 98 97 98 98 98 98 98 99 99 99 99 99 99 99 96 96 95 96 95 97 98 97 97 97 97 97 98 98 98 98 98 98 99 99 01 01 01 98 99 00 00 00 00 00 00 00 00 98 97 Tracker BR400 Slihl Blower BR400 Slihl Blower PB60HT Echo Blower 9HP Honda W/PNEUM Tires Blowers BR400 Slihl Blower BR400 Slihl Blower BR400 Slihl Blower BR400 Slihl Blower BR400 Slihl Blower BR400 Slihl Blower BR400 Slihl Blower BR400 Slihl Blower BR400 Slihl Blower BR400 Slihl Blower BR400 Slihl Blower McMillen Auger Drive w/36" T&S Bil RCX-12 Lowc 12" Carbide Tip Auger SRS2100 EehoTrimmer/Pruner HC2400 Eeho Hedge Clipper HC2400 Eeho Hedge Clipper HC2400 Echo Hcdge Clipper HC2400 Echo Hedge Clipper HC2410 Echo Hcdge Clipper STIIIL HS85 Hcdge Trimmer STIHL HS85 fledge Trimmer STIIR HS85 Hedge Trimmer ST1HL HS85 Hedge Trimmer STIHL HS85 Hedge Trimmer ST1HL HS85 Hedge Trimmer STIHL HS85 Hedge Trimmer STIHL HS85 Hedge Trimmer STIHL HS85 Hedge Trimmer STIHL f1S85 Hedge Trimmer STIHL HS85.30 Hedge Trimmer STIHL HS85.30 Hedge Trimmer STIHL HS85.30 fledge Trimmer STIHL HS85-30 Hedge Trimmer STIHL IIS85-30 Hedge Trimmer HL75-30 Angled Trimmer HL75-30 Stick Hedge Trimmer IIL75SA Ikdge Trimmer HL75SA Hedge Trimmer HL75SA Hedge Trimmer HL75SA lIedge Trimmer HL75SA Hedge Trimmer HL75SA Hedge Trimmer HL75SA Hedge Trimmer IIL75SA Hedge Trimmer FS 120R Line Trimmer SRM 3100 Line Trimmer T521 TVL 41048363 41207487 007054 198195447 39678870 39595573 38985446 38985439 41208121 42055877 42054250 42980261 42980263 42164783 44017990 16710 31584 005734 0321 05 031437/025602 035179 001806 031781 36707227 36707238 36707226 33143255 37702879 37702877 37702865 37702878 37702867 37842836 39846991 42141408 47669488 47669492 45368322 40924588 38000288 43872840 44137727 43872778 43967839 43967721 43872807 43872791 43872789 139061556 004548 LANDSCAPE INSTALLATION AND MAINTENANCE · AQUATICS MANAGEMENT · IRRitATION 97 99 97 97 97 98 98 98 98 98 98 98 00 00 00 00 00 00 01 01 01 01 01 01 97 97 97 98 98 98 98 98 98 98 98 96 99 99 98 97 96 97 97 97 97 97 98 98 98 98 99 00 00 00 EVERGLADES ENVIRONMENTAL CARE. INC 1670S NW 122 AIIIIIUI · Miami, FL nOli (JOS) 828-1281 · Fax (JOS) 828-1080 SRM 3100 Linc Trimmcr STIHL FS85 Wccdcatcr STIIlL FS85 Wccdcatcr STIHL FS85 Wccdcatcr STIHL FS85 Wccdcalcr STIHL FS85 Wccdcatcr STIHL FS85 Wccdca.lcr STIHL FS85 Wccdcalcr STlHL FS85 Wccdcatcr STUlL FS85 Wccdcalcr STIHL FS85 Wccdcatcr STUlL FS85 Wccdcatcr STIHL FS85 Wccdcatcr STUlL FS85 Wccdcatcr STUlL FS85 Wccdcalcr STIHL FS85 Wccdcalcr STUlL FS85 Wccdcalcr STIHL FS85 Wccdcatcr STUlL FS85 Wccdcatcr STHIL FS85 Wccdcalcr STUlL FS85R Straight Linc Trim STIHL FS85R Straight Linc Trim FS5511 Brush Cullcrs FS550 Brush Cullcrs SRM3100 Echo Wccdcalcr SRM31110 Echo Wccdcalcr SRM3100 Echo Wccdcalcr SRM26111 Echo Wccdcalcr SRM260 I Echo Wccdcalcr SRM2601 Echo Wccdcalcr SRM2601 Echo Wccdcatcr QS1026A VE16 Chainsaw QS11l26A VEI6 Chainsaw QS 1 026A VE 16 Chainsaw 036A VE20 Slihl Chainsaw 026A VE Stihl Chainsaw 026AVEI6 Stihl Chainsaw 029S20 Slihl Chain saw Stihl Chainsaw 42EX Trolling Molor Ncw Holland Skid Slccr Loadcr PE2400 Echo Edgcr PE2400 Echo Edgcr STIHL FC75 Edgcr STIIIL FC75 Edgcr STIIIL FC75 Edgcr STili L FC75 Edgcr STIHL FC75 Edgcr STIflL FC75 Edgcr (rcpL 3963(702) STIIIL FC75 Edgcr (rcpl. 3963(716) STUlL FC75 Edgcr STIHL FC75 Stick Edgcr STIHL FC75 Stick Edgcr STIBL FC75 Stick Edgcr Hydraulic W/Honda Sprcadcr 001247 41990281 35425914 36664133 36664131 41231265 40823027 40823155 41231267 37884819 37743533 37994919 46422181 46421980 46422177 47789645 47789704 47789698 46631902 46631908 251182184 251126475 149348962 149349053 016473 016605 016613 008512/006938 008538 007895 006261 40993322 40993469 40993476 38840309 34356513 43350331 43474972 236937604 MKJH0743123 899347 075583 075590 36726634 36726445 36727259 37801070 37801606 42010919 42010992 42011168 43286616 44030276 44030186 , f u LANDSCAPE INSTALLATION AND MAINTENANCE · AQUATICS MANACEMENT · IRRIGATION J JAR-3D-zaDZ 03:36PM FROLt- ;. ORD"GeElHfiIG~1Ee'."se"t;191aIW1'l1V/'''INSUBANeE'''''''''',.,.,.."." uAnl_nl .. .~,~,...",..~,!::.i:::;;,.",U.jJ;;;X.'i.'.':;;:'i'i;i;U::,:;.':;i:i:;:.:..:..1,~:mL,'::",,::..:~ .:,}. .,.:':).,p~;;,..,;, ..,........'.';.::,:::,;..,.;,.':',....,..;:::aff/::Hi:':~l 01/30/02 PII01lUCEII . ,. THIS CERTlACATE IS ISSUED AS A MATTER OF INFORMATION FRANK H FURMAN' INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE . , . . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR FRANK H. FURMAN #AO 914 25 AL TEfl THE COVERAGE AFFORDEO bY THE POUCIES bELOW. P 0 BOX 1927 COMPANIES AFFORDINB COVERAGE POMPANO BEACH, FL 33061 COMPNlY A AMERICAN CAS CO OF READING PA ..,1l1D COMPANY EVERGLADES ENVIRONMENTAL CARE B INC COMPNoIY . 16705 NW 122ND AVE c . MIAMI FL 33018 COMPANY I D #~~~~t;)jiJFH;m~:~!i~~j;~i!:htri~~~: H~~:7: ~:~:g~~:~i~r~H~H~~;~~;Wk~f.tr.:g~~;l~:>V:;~;d~t t3{lt~i~::;:: ::~;::::~};;:::::~.:~; ;.:.,,<,}C(....,,:.:':.. '}};/i"... r:'.:', THIS IS TO C1!ATFY THAT TtiE POLICIES OF INSUAANCE USTED BELOW ~AVE BEEN ISSUED TO THE INSUREP NAMED ABOVE FOR THE POUCY PERIOO INDICATED, NOlWlTHSTANDING ANY REQUIREMENT, TERM OFI CONomCrN OF ANY coNTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED Of! MAY PERTAIN. THE INSURANCE AFFO'lDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDmoNS OF SUCH POUClES. UMITS SHOWN MAY HAVE BEEN AEDUCED BY PAID CLAIMS. CD YYPE OP 1N$tJR....N(:i! PllUCY _III POLICY U'f1!CTM POUCY UPIIlAnON U"m1 LllI DAlE (Mlt1lDl'fY) DAnt (.....tllIIYY1 Il. ~ LJAIIutT 121901 i 12/19/01 12/19/02 i GENERAL AOGAECATE s2 , 000 , 000 X COUNE1lC1AL GENERAL UABUTY I PRODUCTS. COMPIO~ AGG s2 000 000 I , , , I~S"ADE 0 OCCUR i , sl 000 000 PERSONAl & ADV INJURY , , OWNER'S' CONTRACTOR'S PIlOT I ~OCCURRENCE sl 000.000 - , , FIRE DAMAGe IAny ... rIO' . 50 000 ---' I , Meo EXP IAny ono .....n' S 5 000 , , ~OMOBI\Ji U&BUIY , : COMBINED SINGLE L1MIT . - ANY AUTO - ..... OWNED AUTOS 80DILY INJURY Is SCHEDULED AUTOS (P......._l -- I BODIl. Y INJURY T - HIRED AUTOS NON,OWNED AUTOS i 1("'r~l.... l' - 1 , - : ! PROPERTY DAMAGE S I , aGE UAam , AUTO ONlY. EA ACCIDENT ~_ : ANY AUTO OTHER THAN AUTO ON!. y, l- . :" EACH ACCIDE'J_ ! , I AGGREGATE i s n_ UAIlIUn' I i u.eH OCCURRENCE . -='-UMlAEUA FOAM AGGREGATE . I ~ntER n-tAH UMBABJ..A FOR,.. - ---- S wORJWlS CQMPEllSA1IDN AIID I .l..mil i.iU,Vs ~\r' . D1PLOYfJIS' UABUrY ..-...---- I ..!!::_~CH ACCIOENT S 'filE PIlOPRIETORt r , EL DISEASE~IC~.!-!,AIT : R~L r S PAll1NERSIEXECUTIYE ! , I I OFFICERS AilE: EXCL EL DlSEASE.EA EMPLOYEE S - _Pl1ON 01' DPallA-.oc11lONl/VEIIClLSISPECUL 1T1!1I' .~!mg~~:.~.~~,.;i;i:f:i(f'~.ii~;::i.:::i';..}'::t;;.:l:.:.'::::;:;~;:.:;':i';.'::::.;:::;;:::i~.(i:' ;::;:~~~~~~~;::.:::-.:-:;..,',C;';;'..,.<}...:';.':::..J.:.,:'::ii'},/:;::::\;,::::':..j,e. SHQlA.JI Nf'f IN' Tl& ...OV~ DISCIlIllED POLICIES BE CANCelUa KFOll" ..... PROOF OF INSURA.'1CE ONLY - DPIRATlOIl DAnt TllEIlEOF, THE ISSUING COMPANY WIU ENIlUVOR TO NAIL IF ORIGINAL NEEDED, il....- DAYS WRI1'1EN NOncE TO ltlO: CltA_CIIft HOUlm NIMe.. TO mE ~n, PLEASE CONTACT OUR OFFICE lUll' "LIlR. TO MAIL SUCH NO'- 5H&U IMPOsa NC GIlUOATlON 0" LlAlllUlT * OF ANY KKl U~OOl TIll COMPANY. ITS ACEHn OIl REPRESeNTATIVES. aRD.:~9"tli951f:::;:<::":':::;:": ... ..........,......... H':'.': .. .=:r~7...~...b... .,!"H.A.... .., .,. ::))\J':,'r ";".'("'':''.' ,.' ',..,..'. ..;.;,.:.;~;; .;;;;;: ;"fb ACQ"~', .COll~RA'lI()Ki"t8a i.. . -.. .__.___n_;__--.--...-. FEB-06-2002 WED 11: 03 AM BATEMAN GORDON AND SANDS FAX NO, 19549412006 COVIi.RAGES ..- "" """"" '" ....",'" u,,,, ""'" ""'" ... ._ " "" """" ....., -' ro' '"' """" """" ,,""''''' -""""""" "" _......,. "'" OR GO",""" '" "" =,""" OR m~" "","," ~~ ,,..,,a " ,""," "'" ""',."", ."" ,,.., " ~,"""., "" "'"""'" ","""," "" ~,,,. ,,""'" ,....". _'" '0" '"' -,~,."""""""'''''''''~" f'OlIClE5. AGGAEGATE ulA1TS 9HOWN M"Y HAVE l!leEN "EDUCED BY PAlO ell MS. :r::.: ..="...----~ ....,;;;;;...-- \_. COIoIMUlCIALGENEML L'ABIL(IY _oW CL.NMS MADE. [J OCCUR _J:~--'- C!ient~: 43494 E N CERTIFICATE OF LIABILITY INSURANCE 'r:2'~' '1 THIS CERTIFICATE IS ISSUED AS A MATTER OF lNFQRMATlON ONL-V AND CONFERS NO AIGHTS UPON THE CERTIFICATE HOL-OER, THIS CERTIFICATE DOES NOT AMEND, EXTiNO QR L ALTER THE COVERAGI' AFFORDED IIY THE POLICIES BELOW. I INSUREAS AFFORDING COVERAGI! -\~;'.~!TIer}suie. .:--.-~.---":.......--'---=-.:=--_. ..--..--==~n ~~R6R.8'-.__-- ------. ----.----- _~.\NS~.-.- .-. -..-- INSUR&.RD. _--.- ..___' ~_.n .' INSURER E. Inc. ACORD.. jijico~" peter J Buchanan Bateman, Gordon & Sands, p,O. Box 1270 pompano Beach, FL 33061 ----.--. ..UAfD Everglades Environmental P.O. BoX 297200 Pembroke pines, FL 33029 - --.-...--' Care, Ine, onvtl -ucY'e)(PI"Ii~-. '-..'.I"IT; --.-- IUIW(!MlL.-f:::: . ~- \~~CC<<;URRI!NG; .$ H 1 ::~:::~:;,:.:l. i :--~=:-.:...... ~peqSONAL~~'~_I$._.---. .- \ G,.6N&RAL AOOqEGA.r~_ . _ s... . .... .---- . PROOUCT:' .co~PIl1I'~. $ u 12/19/01 12/19/O'}. \. r,'-. H_..__ \i?'~~~lfINGLHI",r \ sl , 000 , 000 I.BOlltLYINJURV .. .-.-\,. ....-- I (POt I'.~M) - - - \ ,-.------ \ I \ BOIlIl' ,NJuRY (PAr Ir.c1l1Mn A ---~.. \ r:.~:;:'J.Y.~~~~ .._ .. ~ l"IJTOON~Y'~~~r.-. ...-'- \ OIH6R ill." ~~ 1.' .-.---- I AUTO ONLY; AlIll $ l ~A(;H.OC.s:I,I~~E~C t------ I AGGR.C~l!.--_.. L____.. I ... 1_. ----- I L ------ --ri2/H/O 1112/19/ o~X 'wcsiATL:-TIO'iii I AY LIMLTsJ_.Le~ -.-- EL EACflACCIOE'l .100 000 I.~ L D~EASE.. fA ~\lJ'LO~!I: S10 0 :-~ -- ___._._._~.LDlseASE'f'OLICVl1"'" .5500:000' ~--------_._- DED\JCTIBL~ R aNTION . A wOAA'RS COMPENSAllO!'t ""0 eMP\.OY5R" UAIIUT'V WC129356504 I I ~sc II l--. I ~ RIP ON OF OPJRA1IONSI\.OCATlONSlVINICLE . * WO r ke r s ,"EXC~U91Ot11 ADDED .' ENDOR"'''' ~T/8I'1!CIAL PROVISION5 . compensatJ.on - ln the event ,: f cancellation ProJect: Hamilton Bay/Briar Bay, West Palm Beach FL 0T1l5R 30 daYR notlcl;! ,ipplies, CERmFICA CA CI' I.A TlON SHOllLD ""YOFTHI ABOVE DE9CAlIED I'OI.ICIES Br.CANCELLEP tlEFORE T"EE_AnON DAT& TllEREOF, THE I&aUlNG INSURER WILL 1!'lPFAVOR TOM'" * 10 0 , . "_ AI'SWAlTTEN I<OTICETOTHi CERlIFlCArE HOI.D&RN.,.'.ED TOTHHEn, ~UTF"lURE TODOSOSHIoL~ 'Mro.. HOOBLllJATION OR LIA"UlY OF ~YIC1NP IJpoN Tt1F INSURER,ns AGENT REP VIS. S oR AUTHORIZEDRlP"u. ~.. ~ 11 --. ~~~ CD e ACORD COllrORATION 19A: I ACORD 26-S (7187) 1 0 f 2 #113622 c..verg.lC!loes c.nv ~"'~t::SLt:i~~~"" .. I '., w'~'... Vi. ~~'~. ' l~t$::J;~~"'... ~-::"'_~ ~; ,,' r;1'~\l I-./-I d'{ ~ 1'r',1 I"''''.b.. ,. t.... '?,'f'"~~~:.r~~J~t'..l.1i ,~-"!.t''IT(''(fi''l I -;., (~l:"fT':11 I ' I ' .-...f'~~ l {.- u '~1l..:- _, r., ". _.. , ,," "'. (I j ~:- j .'r"' r'r~' 'i. 'I'-'-~' . .,\~., " \ , "','" ;t!~"" ~ '. ...----:-- '.-,-1 , 4 !., It..: ..,It..... i"l~ ~t""~ln ,..,;..n.rt~ ~~.;~-'~-~ 04/11/08 02.58pm P. 002 C- ,'".., ~ F1AST-CUSS U.s. POSTAGe PAID MIAMI. FL PERMIT NO. 231 ~56298-0 RENEWAL BUSINEBSNAME/LOCATJON UCENSENO. ~76318-2 EVERGLADES ENVIROMENTAl CARE INC 16705.NW 122 AVE 33016,UNIN DADE COUNTY OWNER EVERGLADES.ENVIROMENTAl ..... Trpe 01 8..._. 213. LAWN/LANDSCAPE/TREE "...... TU OM.'t. If - -.... -... \AWl OF 011 ana. .... IDOU II' ......, ,.. 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'- ttt ~ ~ ~ ~ . ...... = ~ tA !;:S .J:;- ~ -= 5> ~ t ffl ~ gj t .a ia ~ ~ .~ ~ .t; ~ 5 iftt ::: Cot = .e tJiJ. s ~ ~ .I ..9 Cot ~ f.Q · tA ~ !;:S . a .J:;- .S " -e 11 i:.r .t;:S t) .an 1 . ~ 115" ~'S pn '+-+ j ] ;~ ~ "tA-g ~~.~I Ji ~ ~ tA .~ ~ ~ ~ ~ ,(:) ~ ~ ~ s ~ i .~ 5!t Q 'i 5 t:l lA " _ "'E t:l t;j ~ ~ ~ ::~ ~ ~ tA ..t:t ~ 'S .:;.. -- ,Q .~ tA 1 ~ ~ j,(:)~ : . .1 ; ~ ~,Q 1 ~ j ! ~ ~ ~ ,.. ~ ..J:) E ~ w ~ ~ ti W ..0 - In ,.. ~ ~ ~ e Q fi e> J3 - Cot lA .J::"":.5- IS - r'; ~ .. ~ ~ ~ - - .~ ~ $:: .- f::$ !8 'E . ln tx) tn ~ J ~ . ~ . ~ J \f ~~ DIVISION 3. LOBBYISTS Sec. 2-481. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Advisory personnel means the members of those city boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the City commissioners. Autonomous personnel includes but is not limited to the members of the housing authority, personnel board, pension boards, and such other autonomous or semi-autonomous authorities, boards and agencies as are entrusted with the day-to-day policy setting, operation and management of certain defined functions or areas of responsibility. Commissioners means the mayor and members ofthe City commission. Departmental personnel means the City manager, all assistant City managers, all department heads, the City attorney, chief deputy City attorney and all assistant City attorneys; however, all departmental personnel when acting in connection with administrative hearings shall not be included for purposes of this division. Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any commissioner; any action, decision, recommendation of any City board or committee; or any action, decision or recommendation of any personnel defined in any manner in this section, during the time period of the entire decision-making process on such action, decision or recommendation that foreseeably will be heard or reviewed by the City commission, or a City board or committee. The term specifically includes the principal as well as any agent, attorney, officer or employee of a principal, regardless of whether such lobbying activities fall within the normal scope of employment of such agent, attorney, officer or employee. Quasi-judicial personnel means the members of the planning board, the board of adjustment and such other boards and agencies of the City that perform such quasi-judicial functions. The nuisance abatement board, special master hearings and administrative hearings shall not be included for purposes of this division. (Ord. No. 92-2777,331,2,3-4-92; Ord. No. 92-2785, 331,2,6-17-92) Cross reference(s)--Definitions generally, 3 1-2. Sec. 2-482. Registration. (a) All lobbyists shall, before engaging in any lobbying activities, register with the City clerk. Every person required to register shall register on forms prepared by the clerk, pay a registration fee as specified in appendix A and state under oath: (1) His name; BID NO: 04-02103 DATE: 11/13/02 CITY OF MIAMI BEACH 72 (2) His business address; (3) The name and business address of each person or entity which has employed the registrant to lobby; (4) The commissioner or personnel sought to be lobbied; and (5) The specific issue on which he has been employed to lobby. (b) Any change to any information originally filed, or any additional City commissioner or personnel who are also sought to be lobbied shall require that the lobbyist file an amendment to the registration forms, although no additional fee shall be required for such amendment. The lobbyist has a continuing duty to supply information and amend the forms filed throughout the period for which the lobbying occurs. (c) If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or beneficiary shall also be identified. Without limiting the foregoing, the lobbyist shall also identitY all persons holding, directly or indirectly, a five percent or more ownership interest in such corporation, partnership, or trust. (d) Separate registration shall be required for each principal represented on each specific issue. Such issue shall be described with as much detail as is practical, including but not limited to a specific description where applicable of a pending request for a proposal, invitation to bid, or public hearing number. The City clerk shall reject any registration statement not providing a description of the specific issue on which such lobbyist has been employed to lobby. (e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of withdrawal. (f) In addition to the registration fee required in subsection (a) ofthis section, registration of all lobbyists shall be required prior to October 1 of every even-numbered year; and the fee for biennial registration shall be as specified in appendix A. (g) In addition to the matters addressed above, every registrant shall be required to state the extent of any business, financial, familial or professional relationship, or other relationship giving rise to an appearance of an impropriety, with any current City commissioner or personnel who is sought to be lobbied as identified on the lobbyist registration form filed. (h) The registration fees required by subsections (a) and (f) of this section shall be deposited by the clerk into a separate account and shall be expended only to cover the costs incurred in administering the provisions ofthis division. There shall be no fee required for filing a notice of withdrawal, and the City manager shall waive the registration fee upon a finding of financial hardship, based upon a sworn statement of the applicant. Any person who only appears as a representative of a nonprofit corporation or entity (such as a charitable organization, a neighborhood or homeowner association, a local chamber of commerce or a trade association or trade union), without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register with the clerk as required by this section. Copies of registration forms shall be furnished to each commissioner or other personnel named on the forms. (Ord. No. 92-2777,33,3-4-92; Ord. No. 92-2785, 3 3, 6-17-92) BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 73 Sec. 2-483. Exceptions to registration. (a) Any public officer, employee or appointee or any person or entity in contractual privity with the City who only appears in his official capacity shall not be required to register as a lobbyist. (b) Any person who only appears in his individual capacity at a public hearing before the city commission, planning board, board of adjustment, or other board or committee and has no other communication with the personnel defined in section 2-481, for the purpose of self-representation without compensation or reimbursement, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register as a lobbyist, including but not limited to those who are members of homeowner or neighborhood associations. All speakers shall, however, sign up on forms available at the public hearing. Additionally, any person requested to appear before any city personnel, board or commission, or any person compelled to answer for or appealing a code violation, a nuisance abatement board hearing, a special master hearing or an administrative hearing shall not be required to register, nor shall any agent, attorney, officer or employee of such person. (Ord. No. 92-2777,334,5,3-4-92; Ord. No. 92-2785,334,5,6-17-92) Sec. 2-484. Sign-in logs. In addition to the registration requirements addressed above, all city departments, including the offices of the mayor and city commission, the offices of the city manager, and the offices of the city attorney, shall maintain signed sign-in logs for all noncity employees or personnel for registration when they meet with any personnel as defined in section 2-481. (Ord. No. 92-2785,36,6-17-92) Sec. 2-485. List of expenditures. (a) On October 1 of each year, lobbyists shall submit to the city clerk a signed statement under oath listing all lobbying expenditures in the city for the preceding calendar year. A statement shall be filed even if there have been no expenditures during the reporting period. (b) The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist registrations filed. All logs required by this section shall be prepared in a manner substantially similar to the logs prepared for the state legislature pursuant to F.S. 3 11.0045. (c) All members of the city commission and all city personnel shall be diligent to ascertain whether persons required to register pursuant to this section have complied with the requirements of this division. Commissioners or city personnel may not knowingly permit themselves to be lobbied by a person who is not registered pursuant to this section to lobby the commissioner or the relevant committee, board or city personnel. (d) The city attorney shall investigate any persons engaged in lobbying activities who are reported to be in violation of this division. The city attorney shall report the results of the investigation to the city commission. Any alleged violator shall also receive the results of any investigation and shall have the opportunity to rebut the findings, if necessary, and submit any written material in defense to the city commission. The city commission may reprimand, censure, suspend or prohibit such person from lobbying before the commission or any committee, board or personnel of the city. (Ord. No. 92-2777,36,3-4-92; Ord. No. 92-2785,37,6-17-92) BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 74 DIVISION 4. PROCUREMENT Sec. 2-486. Cone of silence. (a) Contracts for the provision of goods, services, and construction projects other than audit contracts. (1) Definition. "Cone of silence" is hereby defined to mean a prohibition on: (a) any communication regarding a particular request for proposal ("RFP"), request for qualifications ("RFQ"), request for letters of interest ("RFLI"), or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the city's administrative staffincluding, but not limited to, the city manager and his or her staff; (b) any communication regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city commissioners, or their respective staffs, and any member of the city's administrative staff including, but not limited to, the city manager and his or her staff; (c) any communication regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and any member of a city evaluation and/or selection committee; and (d) any communication regarding a particular RFP, RFQ, RFLI or bid between the mayor, city commissioners or their respective staffs and any member of a city evaluation and/or selection committee. Notwithstanding the foregoing, the cone of silence shall not apply to competitive processes for the award ofCDBG, HOME, SHIP and Surtax Funds administered by the city office of community development, and communications with the city attorney and his or her staff. (2) Procedure. a. A cone of silence shall be imposed upon each RFP, RFQ, RFLI, and bid after the advertisement of said RFP, RFQ, RFLI, or bid. At the time ofimposition ofthe cone of silence, the city manager or his or her designee shall provide for public notice of the cone of silence. The city manager shall include in any public solicitation for goods and services a statement disclosing the requirements ofthis division. b. The cone of silence shall terminate (i) at the time the city manager makes his or her written recommendation as to selection of a particular RFP, RFQ, RFLI, or bid to the city commission, and said RFP, RFQ, RFLI, or bid is awarded; provided, however, that following the manager making his or her written recommendation, the cone of silence shall be lifted as relates to communications between the mayor and members of the commission and the city manager; providing further if the city commission refers the manager's recommendation back to the city manager or staff for further review, the cone of silence shall continue until such time as the manager makes a subsequent written recommendation, and the particular RFP, RFQ, RFLI, or bid is awarded or (ii) in the event of contracts for less than $25,000.00 when the city manager executes the contract. (3) Exceptions. The provisions ofthis section shall not apply to: (a) oral communications at pre- bid conferences; (b) oral presentations before evaluation committees; (c) contract discussions during any duly noticed public meeting; (d) public presentations made to the city commissioners during any duly noticed public meeting; ( e) contract negotiations with city staff following the award of an RFP, RFQ, RFLI, or bid by the city commission; or (f) communications in writing at any time with any city employee, official or member of the city commission, unless specifically prohibited by the applicable RFP, RFQ, RFLI, or bid documents; or (g) city commission meeting agenda review BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 7S meetings between the city manager and the mayor and individual city commissioners where such matters are scheduled for consideration at the next commission meeting. The bidder, proposer, vendor, service provider, lobbyist, or consultant shall file a copy of any written communications with the city clerk. The city clerk shall make copies available to any person upon request. (b) Audit contracts. (1) "Cone of silence" is hereby defined to mean a prohibition on: (a) any communications regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the mayor, city commissioners or their respective staffs, and any member ofthe city's administrative staff including, but not limited to the city manager and his or her staff, (b) any oral communication regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city commissioners or their respective staffs and any member of the city's administrative staff including, but not limited to, the city manager and his or her staff; and (c) any communication regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and any member of a city evaluation and/or selection committee; and (d) any communication regarding a particular RFP, RFQ or bid between the mayor, city commissioners or their respective staffs and any member of a city evaluation and/or selection committee. Notwithstanding the foregoing, the cone of silence shall not apply to communications with the city attorney and his or her staff. (2) Except as provided in subsections (b )(3) and (b )( 4) hereof, a cone of silence shall be imposed upon each RFP, RFQ, RFLI, or bid for audit services after the advertisement of said RFP, RFQ, RFLI, or bid. At the time of the imposition of the cone of silence, the city manager or his or her designee shall provide for the public notice ofthe cone of silence. The cone of silence shall terminate (a) at the time the city manager makes his or her written recommendation as to selection of a particular RFP, RFQ, RFLI, or bid to the city commission, and said RFP, RFQ, RFLI, or bid is awarded; provided, however, that following the manager making his or her written recommendation, the cone of silence shall be lifted as relates to communications between the mayor and members of the commission and the city manager; providing further ifthe city commission refers the manager's recommendation back to the city manager or staff for further review, the cone of silence shall continue until such time as the manager makes a subsequent written recommendation, and the particular RFP, RFQ, RFLI, or bid is awarded or (b) in the event of contracts for less than $25,000.00 when the city manager executes the contract. (3) Nothing contained herein shall prohibit any bidder, proposer, vendor, service provider, lobbyist, or consultant (a) from making public presentations at duly noticed pre-bid conferences or before duly noticed evaluation committee meetings; (b) from engaging in contract discussions during any duly noticed public meeting; (c) from engaging in contract negotiations with city staff following the award of an RFP, RFQ, RFLI, or bid for audit by the city commission; or (d) from communicating in writing with any city employee or official for purposes of seeking clarification or additional information from the city or responding to the city's request for clarification or additional information, subject to the provisions of the applicable RFP, RFQ, RFLI, or bid documents. The bidder or proposer etc. shall file a copy of any written communication with the city clerk. The city clerk shall make copies available to the general public upon request. BID NO: 04-02/03 DATE: 11113/02 CITY OF MIAMI BEACH 76 (4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, vendor, service provider, consultant, or other person or entity from publicly addressing the city commissioners during any duly noticed public meeting regarding action on any audit contract. The city manager shall include in any public solicitation for auditing services a statement disclosing the requirements ofthis division. (c) Violations/penalties and procedures. A violation of this section by a particular bidder, proposer, vendor, service provider, lobbyist, or consultant shall subject said bidder, proposer, vendor, service provider, lobbyist, or consultant to the same procedures set forth in Division 5, entitled "Debarment of Contractors from City Work" shall render any RFP award, RFQ award, RFLI award, or bid award to said bidder, proposer, vendor, service provider, bidder, lobbyist, or consultant void; and said bidder, proposer, vendor, service provider, lobbyist, or consultant shall not be considered for any RFP, RFQ, RFLI or bid for a contract for the provision of goods or services for a period of one year. Any person who violates a provision ofthis division shall be prohibited from serving on a city evaluation and/or selection committee. In addition to any other penalty provided by law, violation of any provision of this division by a city employee shall subject said employee to disciplinary action up to and including dismissal. Additionally, any person who has personal knowledge of a violation of this division shall report such violation to the city attorney's office or state attorney's office and/or may file a complaint with the county ethics commission. (Ord. No. 99-3164, ~ 1, 1-6-99; Ord. No. 2001-3295, ~ 1,3-14-01) BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 77 RESOLUTION NO. 2000-23879 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH REQUIRING THAT CONTRACTORS ADOPT A CODE OF BUSINESS ETHICS PRIOR TO ENTERING INTO A CONTRACT WITH THE CITY OF MIAMI BEACH WHEREAS, the Greater Miami Chamber of Commerce ("GMCC'') adopted a Model Code of Business Ethics (the "Model Code''); and WHEREAS, the City of Miami Beach is a member of the GMCC; and WHEREAS, the Model Code, attached hereto as Exhibit A, is a statement of principles to help gUide decisions and actions based on respect for the importance of ethical business standards in the community; and WHEREAS, the GMCC encourages its members to adopt the principles and practices outlined in the Model Code; and WHEREAS, the Commission believes that each entity which does business with the City of Miami Beach should be required, as a condition of doing business with the County to adopt a Code of Business Ethics. NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. Each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the City Manager or his or her designee prior to execution of any contract between the contractor and the City. The Code of Business shall, at a minimum, require the contractor to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provisions of the City Code. Section 2. The Commission urges the Greater Miami Chamber of Commerce to require that all ofits members adopt the Model Code of Business Ethics. Section 3. adoption. This resolution shall become effective immediately upon its BID NO: 04-02103 DATE: 11/13/02 CITY OF MIAMI BEACH 78 PASSED and ADOPTED this 12th day of April 2000 ArrEST: HJd ~YOR ~\k ra.~(~-- CITY CLERK APPROVED AS TO FeAM a LANGUAC:,': a FOR EJCECIJTIOh ~ 7-c./lJ BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 79 GREATER MIAMI CHAMBER OF COMMERCE MODEL CODE OF BUSINESS ETHICS STATEMENT OF PURPOSE The Greater Miami Chamber 01 Commerce CGMCC') seeks to create and sustain an ethical business climate for its members and the community by adopting a Code of Business Ethics. The GMCC encourages its members to incorporate the principles and practices outlined here in their individual codes of ethics which will guide their relationships with customers, clients and suppliers. This Model Code can and should be prominently displayed at all business locations and may be incorporated into marketing materials. The GMCC believes that its members should use this Code as a model for the development of their organizations' business codes of ethics. This Model Code is a slalemenl 01 principles 10 nelp guide decisions and ac:1ions based on resped lor tne importance 01 elnlcal business slanderds in Ine community. The GMCC believes the adoption 01 e meeninglul code 01 elnics is the responsibility of every business end prolesSlone) orgeniz olion. ComDliance with Government Rules & ReClulations We will properly maintain all records and post all licenses and certificates in prominent places easily seen by our employees and customers; In dealing with government agencies and employees. we will conduct business in accordance with all applicable rules and regulations and in the open; We will report contract irregularities and other improper or unlawful business practices to the Ethics Commission. the Office of Inspector General or appropriate law enforcement authorities. Recruitment. Selection & ComDensation of Vendors and SUPDliers We will avoid conflicts of interest and disclose such conflicts when identified; Gifts which compromise the integrity of a business transaction are unacceptable; we will not kick back any portion of a contract payment to employees 01 the other contracting party or accept such a kickback. . Business AccountinCl All our financial transactions will be properly and fairly recorded in appropriate books of account, and there will be no "off the books" transactions or secret accounts. Promotion and Sales of Products and Services Our products will comply with all applicable safety and quality standards; We will promote and advertise our business and its products or services in a manner whiCh is not misleading and does not falsely disparage our competitors: Doinq Business with the Government BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 80 GREATER MIAMI CHAMBER OF COMMERCE MODEL CODE OF BUSINESS ETHICS STATEMENT OF PURPOSE The Greater Miami Chamber of Commerce ('GMCC") seeks to create and sustain an ethical business climate for its members and the community by adopting a Code of Business Ethics. The GMCC encourages its members 10 incorporate the principles and practices outlined here in their individual codes of ethics which will guide their relationships with customers. clients and suppliers. This Model Code can and should be prominently displayed at all business locations and may be incorporated into marketing materials. The GMCC believes that its members should use this Code as a model for the development of their organizations' business codes of ethics. This Model Code is a statement 01 principles 10 help guide decisions end aclions besed on respect for the imponence of echocal business slandards in the community. ,he GMCC believes the adoption of II meaningful code 01 ethics is the responsibility of every business and profeSSional organil olion. Compliance with Government Rules & ReClulations We will properly maintain all records and post all licenses and certificates in prominent places easily seen by our employees and customers; In dealing with government agencies and employees, we will conduct business in accordance wilh all applicable rules and regulations and in the open; We will report contract irregularities and other improper or unlawful business practices to the Ethics Commission. the Office of Inspector General or appropriate law enforcement authorities. Recruitment. Selection & Compensation of Vendors and Suppliers We will avoid conflicts of interest and disclose such conflicts when identified; Gifts which compromise the inlegrity of a business transaction are unacceptable; we will nol kick back any portion of a contract payment to employees of the other contracting party or accept such a kickback. . Business AccountinCl All our financial lransactions will be properly and fairly recorded in appropriate books or account. and there will be no .off the books" transactions or secret accounts. Promotion and Sales of Products and Services Our products will comply with all applicable safety and quality standards; We will promole and advertise our business and its products or services in a manner which is not misleading and does not falsely disparage our competitors; CoinCl Business with the Government BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 81 ORDINANCE NO 2000-3234 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, ENTITLED "PROCUREMENT", BY CREATING DIVISION 5, ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR DEBARMENT OF CONTRACTORS FROM CITY WORK; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled "Procurement", is hereby amended by adding the following Division 5, entitled - "Debannent of Contractors from City Work" reading as follows: Division 5. Debannent of contractors from City work. Section 2-397.Purpose of debarment. (a) The City shall solicit offers from, award contracts to, and consent to subcontractors with responsible contractors only: To effectuate this police, the debannent of contractors from City work may be undertaken. (b) The serious nature of debannent requires that this sanction be imposed only when it is in the public interest for the City's protection. and not for purposes of punishment. Debannent shall be imposed in accordance with the procedures contained in this ordinance. Section 2-398. Definitions. (a) Affiliates. Business concerns. organizations, lobbyists or other individuals are affiliates of each other if, directly or indirectly. (I) either one controls or has the power to control the other, or (ii) a third part controls or has the power to control both. Indicia of control include, but are not limited to. a fiduciary relation which results from the manifestation of consent by one individual to another that the other shall act on his behalf and subject to his control, and consent by the other so to act; interlocking management or ownership; identity of interests among family members; shared facilities and equipment; common use of employees; or a business entity organized by a debarred entity, individual, or affiliate following debannent of a contractor that has the same or similar management, ownership, or principal employees as the contractor that was debarred or suspended. BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 82 (b) Civil judgment means a judgment or finding of a civil offense by any court of competent jurisdiction. (c) Contractor means any individual or other legal entity that: (1) Directly or indirectly (e.g. through an affiliate). submits offers for is awarded" or reasonably may be expected to submit offers or be awarded a City contract, including, but not limited to vendors, suppliers, providers, Bidders, Proposers, consultants, and/or design professionals, or (2) Conducts business or reasonable man be expected to conduct business. with the City as an agent" representative or subcontractor of another contractor. (d) Conviction means a judgement or conviction of a criminal offense. be it a felony or misdemeanor, by any court of competent jurisdiction. whether entered upon a verdict or a plea. and includes a conviction entered upon a plea of nolo contendere. ( e) Debarment means action taken by the Debarment Committee to exclude a contractor (and. in limited instances specified in this ordinance. a Bidder or Proposer from City contracting and City approved subcontracting for a reasonable, specified period as provided in subsection (j) below: a contractor so excluded is debarred. (f) Debarment Committee means a group of seven (7) individual members, each appointed by the Mayor and individual City Commissioners, to evaluate and. if warranted. to impose debarment, (g) Preponderance Greater weight ofthe evidence means proofby information that, compared with that opposing it , leads to the conclusion that the fact at issue is more probably true than not. (h) Indictment means indictment for a criminal offense. An information or other filing by competent authority charging a criminal offense shall be given the same effect as an indictment. (1) Legal proceeding means any civil judicial proceeding to which the City is a party or any criminal proceeding. The term includes appeals from such proceedings. (j) List of debarred contractors means a list compiled, maintained and distributed by the City=s Procurement Office. containing the names of con ctors debarred under the procedures of this ordinance. Section 2-399.List of debarred contractors. (a) The City's Procurement Office. is the agency ch ged with the implementation of this ordinance shall: BID NO: 04-02/03 DATE: 11/13102 CITY OF MIAMI BEACH 83 (1) Compile and maintain a current. consolidated list (List) of all contractors debarred by City departments, Such List shall be public record and shall be available for public inspection and dissemination; (2) Periodically revise and distribute the List and issue supplements, if necessary, to all departments. to the Office of the City Manager and to the Mayor and City Commissioners: and (3) Included in the List shall be the name and telephone number of the City official responsible for its maintenance and distribution. (b) The List shall indicate: (1) The names and addresses of all contractors debarred. in alphabetical order; (2) The name of the department that recommends initiation ofthe debannent action; (3) The cause for the debannent action, as is further described herein. or other statutory or regulatory authority; (4) The effect of the debannent action; (5) The termination date for each listing; (6) The contractor's certificate of competence or license number, when applicable; (7) The person through whom the contractor is qualified, when applicable; (8) The name and telephone number of the point of contact in the department recommending the debannent action. (c) The City's Procurement Office shall: (1) In accordance with internal retention procedures maintain records relating to each debannent; (2) Establish procedures to provide for the effective use of the List, including internal distribution thereof to ensure that departments do not solicit offers from, award contracts to, or consent to subcontracts with contractors on the List; and (3) Respond to inquiries concerning listed, contractors and coordinate such responses with the department that recommended the action, Section 2-400.Effect of debarment. (a) Debarred contractors are excluded from receiving contracts, and departments shall not solicit offers from award contracts to, or consent to subcontracts with these contractors unless the City Manager determines that an emergency exists justifying such action. and obtains approval from the Mayor and City Commission, which approval shall be given by 517ths vote of the City Commission at a regularly scheduled City Commission meeting. Debarred contmctors are also excluded from conducting business with the City as agents, representatives, subcontractors or partners of other contractors. (b) Debarred contractors are excluded from acting as individual sureties. BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 84 Section 2-401. Continuation of current contracts. (a) Commencing on the effective date of this ordinance. all proposed City contracts. as well as Request for Proposals (RFP). Request for Qualifications (RFO). Requests for Letters of Interest (RFLn. or bids issued be the City. shall incorporate this ordinance and specify that debarment may constitute grounds for termination of the contract as well as disqualification from consideration on any RFP, RFO. RFLL or bid. (b) The debarment shall take effect in accordance with the notice provided by the City Manager pursuant to subsection 2-405(h) below. except that if a City department has contracts or subcontracts in existence at the time the contractor was debarred, the debarment period may commence upon the conclusion of the contract. subject to approval of same be 5/7ths vote of the Mayor and City Commission at a regularly scheduled meeting. (c) City departments may not renew or otherwise extend the duration of current contract or consent to subcontracts with debarred contractors, unless the City Manager determines that an emergency exists justifying the renewal or extension or for an approved extension due to delay or time extension for reasons beyond the contractor's control and such action is approved by 5/7ths vote of the Mayor and City Commission at a regularly scheduled meeting. (d) No further work shall be awarded to a debarred contractor in connection with a continuing contract where the work is divided into separate discrete groups and the City's refusal or denial of further work under the contract will not result in a breach of such contract. Section 2-402.Restrictions on subcontracting. (a) When a debarred contractor is proposed as a subcontractor for any subcontract subject to City approval, the department shall not consent to subcontracts with such contractors unless the City Manager determines that an emergency exists justifying such consent and the Mayor and City Commission approves such decision by 5/7ths vote at a regularly scheduled meeting. (b) The City shall not be responsible for any increases in project costs or other expenses incurred by a contractor as a result of rejection of proposed subcontractors pursuant to subsection 2- 402(a) above, provided the subcontractor was debarred prior to bid opening or opening of proposals, where the contract was awarded be the City pursuant to an RFP, RFO, RFLI, or bid. Section 2-403.Debarment. (a) The Debarment Committee may, in the public interest debar a contractor for any of the causes listed in this ordinance using the procedures outlined below. The existence of a cause for debarment however, does not necessarily require that the contractor be debarred; the seriousness of the contractor's acts or omissions and any mitigating factors should be considered in making any debarment decision. BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 8S (b) Debarment constitutes debarment of all officers, directors, shareholders owning or controlling twenty-five (25) percent of the stock, partners, divisions or other organizational elements of the debarred contractor, unless the debarred decision is limited by its terms to specific divisions, organizational elements or commodities. The Debarment Committee's decision includes any existing affiliates of the contractor if they are (1) specifically named and (ii) given written notice of the proposed debarment and an opportunity to respond. Future affiliates of the contractor are subject to the Debarment Committee's decision. (c) A contractor's debarment shall be effective throughout City Government. Section 2-404. Causes for debarment. (a) The Debarment Committee shall debar a contractor for a conviction or civil judgment, (1) For commission of a fraud or a criminal offense in connection with obtaining attempting to obtain, performing, or making a claim upon a public contract or subcontract or a contract or subcontract funded in whole or in part with public funds; (2) For violation of federal or State antitrust statutes relating to the submission of offers; (3) For commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (4) Which makes the City the prevailing party in a legal proceeding and a court determines that the lawsuit between the contractor and the City was frivolous or filed in bad faith. (b) The Committee may debar a contractor, (and, limited instances set forth hereinbelow a Bidder or Proposer) based upon a preponderance the greater weight of the evidence, for; (I) Violation of the terms ofa City contract or subcontract or a contract or subcontract funded in whole or in part by City funds such as failure to perform in accordance with the terms of one (1) or more contracts as certified by the City department administering the contract; or the failure to perform or unsatisfactorily perform in accordance with the terms of one (1) or more contracts, as certified by an independent registered architect engineer or general contractor; (2) Violation of a City ordinance or administrative order which lists debarment as a potential penalty; (3) Any other cause which affects the responsibility of a City contractor or subcontractor in performing City work. Section 2-405.Debarment procedures. (a) Requests for the debarment of contractors may be initiated by a City Department or by a citizen-at large and shall be made in writing to the Office ofthe City Manager. Upon receipt of a request for debarment, the City Manager shall transmit the request to the Mayor and City Commission at a regularly scheduled meeting. The Mayor and City Commission shall transmit the request to a person or persons who shall be charged by the City Commission with the duty of promptly investigating and preparing a written report(s) concerning the BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 86 proposed debarment, including the cause and grounds for debarment as set forth in this ordinance. (b) Upon completion of the aforestated written report, the City Manager shall forward said report to the Debarment Committee. The City's Procurement Office shall act as staff to the Debarment Committee and, with the assistance of the City department person or persons which prepared the report present evidence and argument to the Debarment Committee (c) Notice of proposal to debar. Within ten working days ofthe Debarment Committee having received the request for debarment and written report, the City's Procurement Office, on behalf ofthe Debarment Committee shall issue a notice of proposed debarment advising the contractor and any specifically named affiliates, by certified mail. return receipt requested, or personal service containing the following information: (1) That debarment is being considered: (2) The reasons and causes for the proposed debarment in terms sufficient to put the contractor and any named affiliates on notice ofthe conduct or transaction(s) upon which it is based; (3) That a hearing shall be conducted before the Debarment Committee on a date and time not less than thirty (30) days after service of the notice. The notice shall also advise the contractor that it may be represented by an attorney, may present documentary evidence and verbal testimony, and may cross-examine evidence and testimony presented against it. (4) The notice shall also describe the effect of the issuance of the notice of proposed debarment, and of the potential effect of an actual debarment. (d) No later than seven (7) working days, prior to the scheduled hearing date, the contractor must furnish the City's Procurement Office a list ofthe defenses the contractor intends to present at the hearing. If the contractor fails to submit the list, in writing, at least seven (7) working days prior to the hearing or fails to seek an extension of time within which to do so, the contractor shall have waived the opportunity to be heard at the hearing. The Debarment Committee has the right to grant or deny an extension of time, and for good cause, may set aside the waiver to be heard at the hearing, and its decision may only be reviewed upon an abuse of discretion standard. (e) Hearsay evidence shall be admissible at the hearing but shall not form the sole basis for initiating a debarment procedure nor the sole basis of any determination of debarment. The hearing shall be transcribed, taped or otherwise recorded by use of a court reporter, at the election Committee and at the expense of the City. Copies of the hearing tape or transcript shall be furnished at the expense and request of the requesting party. BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 87 (f) Debarment Committee's decision. In actions based upon a conviction or judgment, or in which there is no genuine dispute over material facts, the Debarment Committee shall make a decision on the basis of all the undisputed material information in the administrative record, including any undisputed, material submissions made by the contractor. Where actions are based on disputed evidence, the Debarment Committee shall decide what weight to attach to evidence of record, judge the credibility of witnesses, and base its decision on the prepondenance greater weight ofthe evidence standard. The Debarment Committee shall be the sole trier of fact. The Committee's decision shall be made within ten (10) working days after conclusion of the hearing, unless the Debarment Committee extends this period for good cause. (g) The Committee's decision shall be in writing and shall include the Committee's factual findings, the principal causes of debarment as enumerated in this ordinance, identification of the contractor and all named affiliate: affected by the decision, and the specific term, including duration, of the debarment imposed. (h) Notice of Debarment Committee's decision. (1) If the Debarment Committee decides to impose debarment, the City Manager shall gi ve the contractor and any named affiliates involved written notice by certified mail, return receipt requested, or hand delivery, within ten (10) working days of the decision, specifYing the reasons for debarment and including a copy of the Committee's written decision; stating the period of debarment, including effective dates; and advising that the debarment is effective throughout the City departments. (2) If debarment is not imposed,the City Manager shall notify the contractor and any named affiliates involved ,by certified mail. return receipt requested. or personal service, within ten (10) working days of the decision. (i) All decisions of the Debarment Committee shall be final and shall be effective on the date the notice is signed by the City Manager. Decisions of the Debarment Committee are subject to review by the Appellate Division of the Circuit Court. A debarred contractor may seek a stay ofthe debarment decision in accordance with the Florida Rules of Appellate Procedure. Section 2-406. Period of debarment. (a) The period of debarment imposed shall be within the sole discretion of the Debarment Committee. Debarment shall be for a period commensurate with the seriousness of the cause(s), and where applicable, within the guidelines set forth below, but in no event shall exceed five (5) years. (b) The following guidelines in the period of debarment shall apply except where mitigating or aggravating circumstances justify deviation: (1) For commission of an offense as described in subsection 2404(a)(I): five (5) years. (2) For commission of an offense as described in subsection 2404(a)(2): five (5) years. (3) For commission of an offense as described in subsection 2404(a)(3): five (5) years. (4) For commission of an offense as described in subsection 2404( a)( 54): two (2) to five (5) years. BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 88 (5) For commission ofan offense as described in subsections 2404(b)(1) or (2): two (2) to five (5) years. (c) The Debarment Committee may, in its sole discretion, reduce the period of debarment, upon the contractor's written request for reasons such as: (I) Newly discovered material evidence; (2) Reversal of the conviction or civil judgment upon which the debarment was based; (3) Bona fide change in ownership or management; (4) Elimination of other causes for which the debarment was imposed; or (5) Other reasons the Debarment Committee deems appropriate. (d) The debarment debarred contractor's written request shall contain the reasons for requesting a reduction in the debarment period, The City's Procurement Office, with the assistance of the affected department shall have thirty (30) days from receipt of such request to submit written response thereto. The decision ofthe Debarment Committee regarding a request made under this subsection is final and non-appealable. SECTION 2. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 3. CODIFICATION. It is the intention ofthe Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered relettered to accomplish such intention, and the word "ordinance" maybe changed to "section", "article," or other appropriate word. SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 3rd day of March,2000. PASSED and ADOPTED this 23rd day of Februarv, 2000. BID NO: 04-02/03 DATE: 11/13102 CITY OF MIAMI BEACH 89 ORDINANCE NO. 2002-3344 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING PROCEDURES FOR RESOLVING BIDS (BIDS), REQUEST FOR PROPOSALS (RFP'S), REQUEST FOR QUALIFICATIONS (RFQ'S), REQUEST FOR LETTERS OF INTEREST (RFLI'S), AND PURCHASE ORDERS BASED ON WRITTEN OR ORAL QUOTATIONS, BY AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH ENTITLED "ADMINISTRATION"; BY AMENDING ARTICLE VI THEREOF ENTITLED "PROCUREMENT'; BY CREATING SECTION 2-371 ENTITLED "AUTHORITY TO RESOLVE PROTESTED BIDS AND PROPOSED AWARDS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, from time to time the City procures goods and services through Invitation for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest, and purchase orders based on written or oral quotations, in accordance with the public bidding procedures set forth in Florida law and the Code ofthe City of Miami Beach (the "City Code"); and WHEREAS, such process may lead to protested bids and proposed awards; and WHEREAS, it is the intent of the Mayor and City Commission that procedural and technical issues related to Invitations for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest, and purchase orders based on written or oral quotations, be decided by the City Manager and the City Attorney, and that their determinations with respect to said procedural and technical issues shall be deemed final; and WHEREAS, it is in the best interests ofthe City and all respondents to Invitations for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest, and purchase orders based on written or oral quotations, to have a clear and unequivocal procedure for resolving such protests in a timely and expeditious manner. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: Section 1. There is hereby added to Article VI of Chapter 2 of the City Code a new Section 2-371, which shall read as follows: Section 2-371. Authority to Resolve Protested Bids and Proposed Awards. (a) Right to Protest. Any actual bidder, qualified proposer, or interested parties (hereinafter collectively referred to as the "bidder") who has a substantial interest in, and is aggrieved in connection with the solicitation or proposed award of, a request for proposals ("RFP"), request for qualifications ("RFQ"), request for letters of interest ("RFLI') or invitation for bid for goods and/or services ("hereinafter, collectively referred to as the bid") may protest to the City Manager or his or her designee. Protests arising from the decisions and votes of BID NO: 04-01/03 DATE: 11/13/01 CITY OF MIAMI BEACH 90 any evaluation or selection committee shall be limited to protests based upon alleged deviation(s) from established purchasing procedures set forth in this Code, any written guidelines of the Procurement Department, and the specifications, requirements and/or terms set forth in any bid. (I) Any protest concerning the bid specifications, requirements, and/or terms must be made within three (3) business days (for the purposes of this ordinance, "business day" means a day other than Saturday, Sunday or a national holiday), from the time the facts become known and, in any case, at least two (2) business days prior to the opening of the. Such protest must be made in writing to the City Manager or his or her designee, and such protest shall state the particular grounds on which it is based and shall include all pertinent documents and evidence. No bid protest shall be accepted unless it complies with the requirements of this section. Failure to timely protest bid specifications, requirements and/or terms is a waiver ofthe ability to protest the specifications, requirements and/or terms. (2) Any protest after the bid opening, including challenges to actions of any evaluation or selection committee as provided in subsection (a) above, shall be submitted in writing to the City Manager, or his or her designee. The City will allow such bid protest to be submitted anytime until two (2) business days following the release of the City Manager's written recommendation to the City Commission, as same is set forth and released in the City Commission agenda packet, for award of the bid in question. Such protest shall state the particular grounds on which it is based and shall include all pertinent grounds on which it is based, and shall include all pertinent documents and evidence. No bid protest shall be accepted unless it complies with the requirements of this section. All actual bidders shall be notified in writing (which may be transmitted by electronic communication, such as facsimile transmission and/or e-mail), following the release of the City Manager's written recommendation to the City Commission. (b )Any bidder who is aggrieved in connection with the solicitation or proposed award of a purchase order based on an oral or written quotation may protest to the City Manager or his or her designee anytime during the procurement process, up to the time of the award of the purchase order, but not after such time. Such protest shall be made in writing and state the particular grounds on which it is based and shall include all pertinent documents and evidence. No bid protest shall be accepted unless it complies with the requirements of this section. (c) The City may request reasonable reimbursement for expenses incurred in processing any protest hereunder, which expenses shall include, but not be limited to, staff time, legal fees and expenses (including expert witness fees), reproduction of documents and other out-of-pocket expenses. BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 91 (d) Authority to Resolve Protests. The City Manager or his or her designee shall have the authority to settle and resolve a protest concerning the solicitation or award of a bid. (e) Responsiveness. Prior to any decision being rendered under this Ordinance with respect to a bid protest, the City Manager and the City Attorney, or their respective designees, shall certify whether the submission of the bidder to the bid in question is responsive. The parties to the protest shall be bound by the determination of the City Manager and the City Attorney with regard to the issue of responsiveness. The EletenniBatieB efthe City Manager and the City }.ttomey ......ith regard to all proeeffilraland teehnieal m.atters shall be fiaal. (f) Decision and Appeal Procedures. If the bid protest is not resolved by mutual agreement, the City Manager and the City Attorney, or their respective designees, shall promptly issue a decision in writing. The decision shall specifically state the reasons for the action taken and inform the protestor of his or her right to challenge the decision. Any person aggrieved by any action or decision of the City Manager, the City Attorney, or their respective designees, with regard to any decision rendered under this section may appeal said decision by filing an original action in the Circuit Court ofthe Eleventh Judicial Circuit in and for Miami-Dade County, Florida, in accordance with the applicable court rules. Any action not brought in good faith shall be subject to sanctions including damages suffered by the City and attorney's fees incurred by the City in defense of such wrongful action. (g) Distribution. A copy of each decision by the City Manager and the City Attorney shall be mailed or otherwise furnished immediately to the protestor. (h) Stay of Procurements During Protests. In the event of a timely protest under this section, the City shall not proceed further with the solicitation or with the award pursuant to such bid unless a written determination is made by the City Manager, that the award pursuant to such bid must be made without delay in order to protect a substantial interest of the City. (i) The institution and filing of a protest under this Code is an administrative remedy that shall be employed prior to the institution and filing of any civil action against the City concerning the subject matter of the protest. (j) Protests not timely made under this section shall be barred. Any basis or ground for a protest not set forth in the letter of protest required under this section shall be deemed waived. (k)At the time the City Manager's written recommendation for award of a bid is presented at a meeting ofthe Mayor and City Commission, the City Attorney, or his or her designee, shall present a report to inform the Mayor and City Commission of any legal issues relative to any bid protest filed in connection with the bid in question. BID NO: 04-02/03 DATE: 11/13/02 CITY OF MIAMI BEACH 92 .. .:-. ~ (I) The determination of the City Manager and the City Attorney with regard to all procedural and technical matters shall be final. Section 2. All ordinances, resolutions or parts thereof in conflict herewith be and the same are hereby repealed. Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity ofthe remaining portions ofthis Ordinance. It is the intention ofthe Mayor and City Commission ofthe City of Miami Beach, and it is hereby ordained that the provisions ofthis Ordinance shall become and be made part ofthe Code of the City of Miami Beach, Florida, The sections ofthis Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 4. This Ordinance shall take effect ten (10) days after its adoption on the 19th day ofJanuarv. 2002. PASSED on First Reading this 19th day of December ,2001. PASSED and ADOPTED on Second Reading this 9th day of Januarv . 2002. APfIRCMO AS 10 FORM&l.ANGUAGE & FOR EXECUTION ~ ~-al BID NO: 04-02103 DATE: 11/13/02 CITY OF MIAMI BEACH 93