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Sunset Sof Certification of ContractE ~o?~' m MIAMI BEACH ,d~~ ~ 9 CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: Purchase, Delivery and Installation of Sod CONTRACT NO.: EFFECTIVE DATE(S): SUPERSEDES: CONTRACTOR(S): 46-08/09 This contract shall contract execution by mutual agreeme: N/A Sunset Sod, Inc. ESTIMATED ANNUAL CONTRACT AM ;main in effect for three (3) years from date of the Mayor and City Clerk, and may be renewed for two (2) additional one year terms. $50,000.00 A. AUTHORITY -Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on December 9, 2009, for approval to award contracts, upon execution between the City of Miami Beach Florida and Contractor(s). B. EFFECT -This Contract is entered into to provide for the purchase, delivery and installation of sod for the City of Miami Beach, pursuant to City Invitation to Bid (ITB) No. 46-08/09 and any addenda thereto, and Contractor's bid in response thereto (this Contract, the ITB, and Contractor's bid in response thereto may hereinafter collectively be referred to as the "Contract Documents"). C. ORDERING INSTRUCTIONS - Ally blanket purchase orders shall be issued in accordance with the City of Miami Beach Procurement Division policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number 46- 08/09. D. CONTRACTOR PERFORMANCE -City of Miami Beach departments shall report any failure of Contractor for the purchase, delivery and installation of sod according to the requirements of the Contract Documents to Kevin Smith, City of Miami Beach, Parks and Recreation Director at 305-673-7000 ext. 6643. E. INSURANCE CERTIFICATE(S) -The Contractor shall file Insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of Florida, and approved by the City of Miami Beach Risk Manager prior to delivery of supplies, and/or commencement of any services/work by Contractor. Certification of Contract F. shall be assigned, transferred, or enc consent of the City. In addition, Con1 any portion of work, and/or services prior written consent of the City. C providing/performing any supplies, Documents have the knowledge and s combination thereof, to adequately satisfaction, for the agreed compensati - Neither this Contract nor any interest herein ~ered by either party without the prior written ~r shall not subcontract delivery of supplies, or aired by the Contract Documents without the actor warrants and represents that all persons k, and/or services required by the Contract either by training, experience, education, or a competently provide/perform same, to City's Contractor shall provide/perform the supplies, work, and/or services required under the Contract Documents in a skillful and respectable manner. The quality of the Contractor's performance and all interim and final product(s) provided to or on behalf of City shall meet the City's cleanliness standazds for City facilities and pazking gazages. G. SERVICE EXCELLENCE STANDARDS -Excellent Customer Service is the standazd of the City of Miami Beach. As a Contractor of the City, Contractor will be required to conduct itself in a professional, courteous and ethical manner, and at all times and adhere to the City's Service Excellence standards. Training will be provided by the City's Organizational Development and Training Specialist. H. PUBLIC ENTITY CRIMES - In ac 287.133, Florida Statutes, a person or provider, who has been placed on the ~ public entity crime may not submit a bi the City, may not submit a bid on a con a public building or public work, may City, may not be awazded or perform consultant under a contract with the Cit in excess of the threshold amount p~ category two purchases for a period of convicted vendor list. Violation of thi: of the Contract and may result in Contr. I. INDEPENDENT CONTRACTOR - C Contract. Supplies, work, and/or se Contract Documents shall be subject t~ supplies, work, and/or services, neither employees, or agents of the City. This partnership or joint venture. ordance with the Public Crimes Act, Section affiliate who is a contractor, consultant or other ~nvicted vendor list following a conviction for a on a contract to provide any goods or services to ract with the City for the construction or repair of iot submit bids on leases of real property to the Nork as a contractor, supplier, subcontractor, or and may not transact any business with the City ~vided in Section 287.017, Florida Statutes, for 36 months from the date of being placed on the section by Contractor shall result in cancellation ~tor debarment. ~ntractor is an independent contractor under this vices, provided by Contractor pursuant to the the supervision of Contractor. In providing such ;ontractor nor its agents shall act as officers, ;ontract shall not constitute or make the parties a J. THIRD PARTY BENEFICIARIES -Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract and/or the Contract Documents. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract and/or the Contract Documents. Certification of Contract The parties expressly acknowledge obligations in any third person or Documents. it is not their intent to create any rights or tv under this Contract and/or the Contract K. NOTICES -Whenever either party desi in writing, sent by certified United Stab or by hand-delivery with a request for addressed to the party for whom it is i~ giving notice shall remain the same a: manner provided in this section. For the For Citv: Gus Louez, Procurement Director City of Miami Beach Procurement Division 1700 Convention Center Drive Miami Beach. Florida 33139 With copies to: City of Miami Beach 2100 Washington Avenue Miami Beach, Florida 33139 For Contractor: Sunset Sod, Inc. P.O. Box 160744 Miami, Florida 33116 Phone: 305-252-2002 Fax: 786-242-9988 Email: sod(a~gate.net es to give notice to the other, such notice must be s Mail, postage prepaid, return receipt requested, ~ written receipt of acknowledgment of delivery, tended at the place last specified. The place for set forth herein until changed in writing in the present, the parties designate the following: L. MATERIALITY AND WAIVER OF BREACH -City and Contractor agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Contract and; therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 3 M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. N. APPLICABLE LAW AND VENUE - be enforceable in Miami-Dade County, party with respect to the enforcement exclusive venue for the enforcement of entering into this Contract, Contrac~ either party may have to a trial by j out of the Contract and/or the Cony bind all subcontractors to the pr Documents. his Contract and/or the Contract Documents shall Florida, and if legal action is necessary by either of any or all of the terms or conditions herein game shall lie in Miami-Dade County, Florida. By ~r and City hereby expressly waive any rights pry of any civil litigation related to, or arising ract Documents. Contractor, shall specifically visions of this Contract and the Contract O. AMENDMENTS - No modification, contained herein, or in the Contract 1: written document prepared with the executed by the City and Contractor. P. This Contract shall not be effective Contract Documents have been subn Q. The ITB and all addenda issued, and i this Contract and are hereby adopted forth in this Contract. Accordingly, t and all of the documents incorporatE conflict between any provision set Contractor's bid in response thereto, City) shall prevail. lent, or alteration in the terms or conditions nts, shall be effective unless contained in a or similar formality as this Contract and all bonds and insurances) required under the to, and approved by, the City's Risk Manager. ntractor's bid in response thereto, are attached to reference and incorporated herein as if fully set ntractor agrees to abide by and be bound by any by the Contract Documents. Where there is a rth within (i) this Contract; (ii) the ITB; (iii) ~e more stringent provision (as enforced by the 4 Certification of Contract IN WITNESS WHEREOF the City and Contr, be signed and attested on this ~,[,~ day authorized representatives. CONTRACTOR BY P esident/ Signature Print Name Date ATTEST: ecretary/Signature cS~~-hra~ NI-~-S Print Name ca-ts- ©~ Date .r have caused this Certification of Contract to ~ 2 , 200, by their respective duly CITY OF MIAMI BEACH B May r `® ate ATTEST: ,City Clerk 1 ~ ~o ate APPROVED AS TO FORM & LANGUAGE ~ FOR EXECUTION F:~PURC~$ALL\SHIRLEl'~contracts~46-08-09 Sunset Sod.d~ City A e Date ~~ 5 ~~~J.. w~. w.l Tiile. COMMISSION ITEM SUMMARY r VlWCnacaa 1la~c. Request For Approval To Award A Contract to Sunset Sod Inc. Pursuant To Invitation To Bid (ITB) No. 46- 08 09 For The Purchase, Delivery And Installation of Sod In The Estimated Annual Amount of $50,000. -ey Intended Outcome Supported• Maintain Miami Beach Public Areas & Rights of Way Citywide Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 81 % of residents rated the appearance and maintenance of the City's public areas & rights of way as either excellent or good. Issue: Shall the Mayor and City Commission approve award of a contract? Item Summa /Recommenaatton: The purpose of this ITB is to establish a contract by means of sealed bids, for the Purchase, Delivery and Installation of Sod, with responsive and responsible vendors, at the lowest possible cost. The City reserves the right to award per line item and/or by group, should it be determined it is in the Cites best economic interest. This Contract shall remain in effect for three (3) years from date of contract execution by the Mayor and City Clerk, and may be renewed by mutual agreement for two (2) additional years, on a year to year basis. Based on the analysis of the bids received it is recommended that the contract be awarded to Sunset Sod Inc., as indicated in the attached Bid Tabulation sheet. APPROVE THE AWARD OF A CONTRACT. rnlaua.lal nnVlul Source of auvn. Amount Account Funds: ~ $ 40,000 Greenspace Management General Fund Account # 011-0940-000343 2 $10,000 Greenspace Management South Beach Account # 435-9962-000343 3 B Total $ 50,000 Financial impact Summary: CI Clerk's Office Le illative Trackin Gus Lopez Procurement Division Director @ 6641 •71 1 i L~T~srtmerit Oir - ~ or - t City Manager Gity .Manger KS GL PDW JMG l:1AGtNUA1"LUU~JIUBC~f~oer y u~nsc3miru~u~aao,~a~~.....aK...~....•• ........- r.--• ~ ~ Agelnda Item Got ~~~! ~~#,~ Date IZ-9-y~' i ~1 5 m MIFlMIBEACH CiPy of Pdiiami Beach, 1700 Convention Center Drive, Miami Beach, Florido 33139, www.miamibeochFl.gov COMMISSION MEMORANDUM To: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: December 9, 2009 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT TO SUNSET SOD, INC., PURSUANT TO INVITATION TO BID (ITB) NO. 46-08109, FOR THE PURCHASE, DELIVERY AND INSTALLATION OF SOD, IN THE ESTIMATED ANNUAL AMOUNT OF $50,000.00 ADMINISTRATION RECOMMENDATION Approve the Award of Contract. BID AMOUNT AND FUNDING $50,000.00 Funding is available from the Greenspace Management Account Numbers 011-0940-000343 and 435-9962-000343. The estimated annual amount is based on regular operational funding availability, which is subject to City Commission approval via the budgeting process. ANALYSIS The purpose of Invitation to Bid No. 46-08/09 (the"Bid") is to establish a contract(s), by means of competitive sealed bids, for the purchase, delivery and Installation of sod for the City of Miami Beach Parks and Recreation Department, on an as needed basis, from a source of supply that will provide prompt and efficient service at the lowest possible cost. The awarded contract shall remain in effect for three (3) years from date of contract execution by the Mayor and City Clerk, and may be renewed by mutual agreement for two (2) additional years, on a year to year basis. The Bid was issued on September 17, 2009, with an opening date of October 15, 2009. BidNet issued bid notices to seventeen (17) prospective bidders, and BidSync issued bid notices to sixteen (16) prospective bidders. Additionally. the Procurement Division sent notices to six (6) prospective bidders. The notices resulted in the receipt of ten (10) bids. Of the ten (10) bids received, nine (9) were deemed responsive, and one (1) was deemed non- responsive. The non-responsive bid did not provide all the prices on the bid form as required by the ITB. 6 Commission Memorandum ITB-46-08-09 Purohase, Delivery and Installatlon of Sod December 9, 2009 The lowest and best bid was received from Sunset Sod, Inc. Sunset Sod, Inc. was formed in 1984, and has been in business for over twenty (25) years as a wholesale distributor of sod, sand, soils and grade preparation only. Sunset Sod has been the City's sod vendor for the past three (3) years. They were procured via a competitively bid contract from the Miami Dade County School Board. Prices for this new bid/ contract are at least as competitive and in most instances less than what the City is currently paying for sod. Sunset`s previous and current contracts are in good standing, and includes the following agencies: The Dade County Public Schools Tip Top Enterprises Miami Dade County Solid Waste Miami Dade County Parks and Recreation Geomantic Designs See attached tabulated result. CONCLUSION Based on the analysis of the nine (9) responsive bids received, pursuant to Invitation to Bid (ITB) No. 46-08/09 the Administration recommends that the Mayor and City Commission accept the City Manager's recommendation and approve a contract award to Sunset Sod, Inc. in the estimated annual amount of $50,000, based on the lowest and best bid received. 2 7 O N LL Z g a F Z Z J W 0 W a H \\; :\\1 Z:\~~;A`: h,. \•~Z.~4r +; ~ri,.r ..~,, t „lM`~U~c\~Y wY. \. ~ti ~.~ , ti , Y\~m 1.\~\\ `~ :i Y~"; i ii,~,".`~: t~.)~~ :;1'~ 4~':' Z:. .~~nS ;v`~~ Z ?\la~: n"Jii" . ~ \~..:C ~\ r:::\i": ~ ~~\\~„S:i >it3 ,::e1~ ~' ` \,~~`'~ c~~; ? N~:.~ ~+,.. •~ ,r\. , g~,\R ... 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CI E tea, ~ 8 ~ to ~. 5>• I(! 8 T ~~-•~ %~ !i.~.'y'F ~ F.r~{ri V ls'~' ?'-= ~ ~ Na' ~ m I x ' .~.~ o . n r r N r N r r tO {+~ : , fR EH fA 69 EA 43 64 !H fA i9 fR fR Ili ''•r. •. •: J '~ f? : ~ ~ ~ N L7 ~ N ~ b i ~ N ~ : ~~ ~ e• :,.,: ~.u pp1 W ! ~ 4J ~ V F ~f `':"1 ~ ~ r r r r r r r r PJ l'J ~ ~. ,::~3:'t fR fH to b9 E9 ffl to fJ9 !q ~ fA fA Y! ::,: ffi:::y^: ::%• 9 Ill II) ~ Ilf ~ 111 {lf {Cl $ E ~ ~ ~ ~ + i!~` ~ a ~ ~ ~ W m O `Vr e ~ o r o ~ °' O C >D y ~ d I d ~ aO A Ol E tl1 y ~ ~ 3 a ° m ~' ~ E a ~. d ~~ a a a' m 9 € ~ ~ N p 0> D ~ ~ m m ~ N ~ W (' 0 ~ r N P9 tF Y! {O 10 m F- d M a 3 eyo d v a C 7 d C Q d 'O m s O u. 0 z 0 a z 0 z a J W W Q NV Y. a o~ 0 4 m F- 0 0 E d E c 0 ~_ i9 N C 'O N m~ >_ m 11 MIAMBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490 Fax: 786.394.4011 October 7, 2009 RE: ADDENDUM NO. 1 TO INVITATION TO BID (ITB) NO. 46-08-09 FOR THE PURCHASE DELIVERY AND INSTALLLATION OF SOD. The following are answers to questions from prospective bidders: I. Q. On pages 22, 23, and 24 requires zoysia sod. What type of zoysia sod? A. Empire or equal Q. On page 21, paragraph 3, where "Rodeo" is required, will "Round-Up be in conjunction with `Rodeo" or by itself? A. Weeds shall be treated with Monsanto's "Round-Up" per manufacturer's specifications. And all proposed areas adjacent to water bodies to be treated with "Rodeo" per the manufacturer's specification. And all proposed areas adjacent to water bodies to be treated with "Rodeo" per the manufacturer's specifications. Use only one or the other, not the two together. III. Q. On page 21, paragraph 3, when; 80/20 mix is needed as topsoil, will an extra Charge for this material be allowed or is it part of the bid? A. Part of the base Bid IV. Q. Should it be understood that Group 1-Sod will only include the material, installation, and light rolling and that any grading or site preparation will be included under Group 5? A. Correct V. Q. In Group 4, item 1, will the City provide a local disposal site? A. No VI. Q. Regarding references will our pre-typed list be sufficient or must we complete their form? A Pre-typed list is sufficient. VII. Q. Regarding payment, approximately, how many days following receipt and acceptance will payment be made? A. 30-45 days from receipt of invoice. VIII. Q. Regarding Groups 4 and 5, the bid doesn't list any minimum square footage; do you have a minimum, if so how much is the minimum? A. No, there is no minimum requirement. Bidders are reminded to please acknowledge receipt of this addendum on page 26 of the Bid Documents or the bid may be considered non-responsive. CITY OF MIAMI BEACH .-- ~ ,--max' ;~ .. - Gus Lopez, CPPO Procurement Director October 7, 2009 City of Miami Beach ITB 46-08-09 Addendum No.1 April 16, 2009 City of Miami Beach ITB No. 38-08/09 Addendum No.1 INVITATION TO BID TITLE: PURCHASE, DELIVERY AND INSTALLATION OF SOD ITB# 46-08/09 BID OPENING: October 15, 2009 AT 3:00 P.M. Gus Lopez, CPPO, Procurement Director PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 www. m i am i beat hfi. gov m MIAMIBEACH ,~_ ~~~ City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION PUBLIC NOTICE Tel: 305.673- 7490, fax: 786.394.401 1 Invitation to Bid No 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 October 15, 2009 for: PURCHASE, DELIVERY AND INSTALLATION OF SOD ITB # 46-08/09 At time, date, and place above, bids will be publicly opened. Any bids or bids received after time and date specified will be returned to the bidder unopened. The responsibility for submitting abid/bid 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. Purpose: The purpose of this bid is to establish a contract, by means of sealed bids, for the purchase, delivery and installation of Sod for the City of Miami Beach Parks and Recreation Department on an as needed basis, from a source(s) of supply that will provide these products in a timely manner. This contract shall remain in effect for three (3) years from date of contract execution by the Mayor and City Clerk, and may be renewed by mutual agreement for two (2) additional years, on a year to year basis. T A Pre-bid conference will be held on September 29, 2009 at 10:00 a.m. in the City Manager's Small Conference Room, 4th Floor, City Hall, and 1700 Convention Center Drive, Miami Beach, Florida 33139. Attendance (in person or via telephone) to this Pre-bid meeting is encouraged and recommended as a source of information, but is not mandatory. Bidders interested in participating in the pre-bid submission meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America) (2) Enter the MEETING NUMBER: *2659980* (note that number is preceded and followed bythe star (*) key). The City is utilizing BidNet 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 of this Bid, go to www.govbids.com/scriptslsouthflorida/public/home1.asp or call toll-free 1-800-677-1997 ext. 214. The City of Miami Beach is also utilizing Bid Sync, a central bid notification system which provides bid notification services to interested vendors. Bid Sync allows for vendors to register online and receive notification of bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: www.bidsvnc.com If you do not have Internet access, please call the RFP Depot's vendor support group at 800-990-9339 or 801-765-9245. Any questions or clarifications concerning this Bid shall be submitted in writing by mail orfacsimile to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139, or FAX: (786) sn a/2oos City of Miami Beach 2 of 34 ITB~6-08/09 394-4000. 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 bid or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any bid or bid. The City of Miami Beach may reject any and all bids or bids. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BI D IS SUBJECT TO THE FOLLOWING ORDINANCESlRESOLUTIONS, WHICH MAY BE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: http://www:miamibeachfl.pov/newcity/depts/purchase/bidintro.asp • CONE OF SILENCE -- ORDINANCE NO. 2002-3378 • CODE OF BUSINESS ETHICS -- RESOLUTION NO. 2000-23879. • DEBARMENT PROCEEDINGS --ORDINANCE NO. 2000-3234. • PROTEST PROCEDURES -- ORDINANCE N0.2002-3344. • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES --ORDINANCE N0.2002-3363 • LOCAL PREFERENCE ORDINANCE NO. 2003-3413 • EQUAL BENEFITS ORDINANCE -ORDINANCE NO. 2005-3494 • CAMPAOGN CONTRIBUTIONS BY VENDORS ORDINANCE N0.2003-3389 Sincerely, ~• j` f~ r ~ y ~`"" ~^ i i. ~ - Gus Lopez, CPPO Procurement Director 9/14/2009 City of Miami Beach 3 of34 ITB-46-08/09 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION NOTICE TO PROSPECTIVE BIDDERS Tel: 305-673-7490, Fax: 786.394.401 1 ITB # 46A8/09 NO BID If not submitting a bid at this time, please detach this sheet from the bid documents, complete the information requested, and return to the address listed above. NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED: -Our company does not handle this type of product/service. _We cannot meet the specifications nor provide an alternate equal product. -Our company is simply not interested in bidding at this time. -Due to prior commitments, we are unable to bid at this time -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 or this completed form, may result in your company being removed from the City's bid list. s~~ a/zoos City of Miami Beach 4 of 34 ITB~6-08/09 PURCHASE ,DELIVERY AND INSTALLATION OF SOD ITB # 46-08/09 1.0 GENERAL CONDITIONS 1.1 SEALED BIDS: An Original and three (3) copies of the 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, electronic, or e-mailed 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 of bid(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 85-80126216390-9 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 of this 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. 9/14/2009 5 of 34 City of Miami Beach ITB-46-08/09 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 if bidding 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 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 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. 1.12 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 of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. 1.13 DELIVERY: Unless actual date of delivery is specified (or if specfied 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. 9/14/2009 City of Miami Beach 6 of 34 iTB116-08/09 1.14 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. E-mail sthomasCa~miamibeachfl.gov. with a copy to GusLopezrc'~i miamibeacfl.gov. 1.15 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. 1.16 INSPECTION, ACCEPTANCE 8~ TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title to/or risk of loss or damage to all items shall be the responsibility of the 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. 1.17 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. 1.18 DISPUTES: Incase of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City shall be final and binding on both parties. 1.19 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 relief from responsibility. 1.20 PATENTS 8~ 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. 1.21 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 home solely by the bidder responsible for same. 1.22 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence. 9/14/2009 7 of 34 City of Miami Beach ITB-46-08/09 ,.1.23 ANTI-DISCRIMINATION: ' The bidder certifies that he/she is incompliance 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. 1.24 AMERICAN WITH DISABILITIES ACT: To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604 2489 (voice), 305-673- 7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). 1.25 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. 1.26 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 Miami-Dade County and City of Miami Beach municipal code requirements as well as the 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. 1.27 BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE: Bid Bonds, when required, shall be submitted with the bid in the amount specified in Special Conditions. After acceptance of bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in Special Conditions 1.28 DEFAULT: Failure or refusal of a bidderto execute a contract upon award, orwithdrawal 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. 1.29 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. 1.30 BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering department; with a cooy to the Accounts Payable Department, 1700 Convention Center Drive, Miami Beach, Florida 33139. snalzoos s of34 City of Miami Beach ITB-46-08109 1.31 NOTES 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. 1.32 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. 1.33 FACILITIES: The City Commission reserves the right to inspect the bidder's facilities at any time with prior notice. 1.34 BID TABULATIONS: Bidders desiring a copy of the bid tabulation may request same by enclosing aself- addressed stamped envelope with the bid. 1.35 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. 1.36 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, if made, 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 are required. A copy of such Addendum shall be sent by BidNet®via a-mail or facsimile to each Bidder receiving the Solicitation that is a subscriber to the Bidnet® notification system. Bidders who are not subscribers to the Bidnet® system are responsible for ensuring that they have received all addenda. 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 Bid 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. 1.37 DEMONSTRATION OF COMPETENCY: 1) 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 "e uipment 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. 9/14/2009 9 of 34 City of Miami Beach ITB116-08/09 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 making the award in the best interest of the City. 3) The City may require Bidders to show proof that 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 of the 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 Bid 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 of the 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. 1.38 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, judgment, experience and efficiency of the bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 1.39 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. 1.40 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. 1.41 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 the other State agencies at the agencies option. 9/14/2009 City of Miami Beach 10 of 34 ITB~6-08/09 „~: 1.42 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 a Spot Market Purchased may be purchased by other methods, i.e. Federal, State or local contracts. 1.43 ELIMINATION FROM CONSIDERATION This bid solicitation shall not be awarded to any person or firm who 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. 1.44 WAIVER OF INFORMALITIES The City reserves the right to waive any informalities or irregularities in this bid solicitation. 1.45 ESTIMATED QUANTITIES Estimated quantities or estimated dollars, if provided, 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. 1.46 COLLUSION Bids from related parties. Where two (2) or more related parties each submit a bid or bid for any contract, such bids or bids 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 bids. Related parties mean bidders or proposers or the principals thereof which have a direct or indirect ownership interest in another bidder or proposerfor the same contract or in which a parent company or the principals thereof of one (1) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for the same contract. Bids or bids 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. 1.47 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 • Awardees' Bid. 1.48 REASONABLE ACCOMMODATION In accordance with the Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Public Works Department at (305) 673-7080. 1.49 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 bid. 9/14/2009 11 of 34 City of Miami Beach ITB~6-08/09 ;,1.50 SIGNED BID CONSIDERED AN OFFER The signed bid shall be considered an offer on the part of the bidder 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. 1.51 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, Florida, 33139 via a-mail: sthomas(a~miamibeachfl.gov. with a copy to GusLooez@miamibeachfl.gov. The bid title/number shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days priorto 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. 1.52 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. 1.53 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. 1.54 DETERMINATION OF RESPONSIVENESS: Determination of responsiveness will take 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. 1.55 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.; 12-14 days. 1.56 CONE OF SILENCE This invitation to bid is subject to the "Cone of Silence" in accordance with Ordinance No. 2002-3378. A copy of all written communication(s) regarding this bid must be filed with the city clerk. 1.57 TERMINATION FOR DEFAULT If through any cause within the reasonable control of the successful bidder, it shall fail to fulfill 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 sn a/zoos Clty of Miami Beach 12 of 34 ITB~6-08/09 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 of liability to the City for damages sustained by the City by virtue of any breach of the 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. 1.58 TERMINATION FOR CONVENIENCE OF CITY The City may, for its convenience, terminate the services then remaining to be pertormed at any time without cause by giving written notice to successful bidder of such termination, which shall become effective thirty (30) days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this section, the City shall compensate the successful bidder in accordance with the Agreement for all services actually performed by the successful bidder and reasonable direct costs of successful bidder for assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to eam on the balanced of the Agreement. Such payments shall be the total extent of the Citys liability to the successful bidder upon a termination as provided for in this section. 1.59 INSURANCE 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 Automobile Liability Insurance including Property Damage covering all owned, non- owned or hired automobiles and equipment used in connection with the work. 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 underthe 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 insurance for as long a period as any work is still in progress. 9/14/2009 13 of 34 City of Miami Beach ITB1I6-08/09 It is understood and agreed that all policies of insurance provided by the contractor are primary coverage to any insurance orself-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 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 underthe 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. 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 9/'14/2009 City of Miami Beach 14 of 34 ITB-46-08/09 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. 1.60 MODIFICATION/WITHDRAWALS OF BIDS: A Bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time will not be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of Bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will not be considered. 1.61 EXCEPTIONS TO BID Bidders are strongly encouraged to thoroughly review the qualification requirements setforth in this ITB, specifically the minimum specifications found on page 21, identified by the words "must", "shall", and "will". Bidders who fail to satisfy the requirements set forth, may be deemed non-responsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of the requirements set forth in this ITB and you are proposing alternatives to said requirements, you must notify the Procurement Office in writing at least five (5) days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via addendum prior to the deadline for receipt of bids. snn/zoos City of Miami Beach 15 of 34 ITB~6-08/09 PURCHASE, DELIVERY AND INSTALLATION OF SOD ITB # 46 08/09 INSURANCE CHECK LIST XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 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). XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. XXX 5. 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 $ .00 _ Liquor Liability $ .00 _ Fire Legal .Liability $ .00 _ Protection and Indemnity $ .00 _ Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after bid opening. Bidder sn a/2oos City of Miami Beach Signature of Bidder 16 of 34 ITB116-08/09 A_-~BL?M CERTIFICATE OF LIABILITY INSURANCE DAIt(MMIDDIYYYY) V.Y.V. INSURANCE, INC. 4373 SOUTH ~RDON BLVD, SUITE A -CRESTVIEW, FL 32536 .. PH 850/689-8889, k'I>.X 850/689-3336 INSURED ~ SUNSET SOD , INC , P.Q. 80X 160744 MIAMI, FL. 33116 12 1 00 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ' ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HQLDER• THIS CERTIFICATE DOES NOT AMEND, EXTEND OR j ALTER THE COVERAGE AFFORDED, BY THE POLICIES BELOW j INSURERS AFFORDING COVERAGE _ ~ N,gIC# --~ INsuRERA: PROGRESSIVE .EXPRESS O 93-~ ._. .._ ~ INSURER B: ,OMEGA VS ~,. CRUMP , .~ .. ~ ~ 1 INSURER C- ... .... ....~ .._ INSURER 0: ' ._. ~ INSURER E: I ~ ~~~ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED Tp THE INSURED NAMED ABOVE FOR ThsE POLICY PERIOD INDICATED. NOTWITI~.STANDING ANY REQUIREME=NT, TERM OR CONDITION OF ANY CONTRACT OR pTHER DOCUMENT WITH RESPECT TO WFi1CM THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFPORbED BY THE POLICIES DESCRIBED HEREIN IS SU$JECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE UMITS SWOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. nooti -- • ...._ _ k YNSRD OF INSURANCE ( QOIICY NUMBER PQI.I(,'~Y EFFECTIVE P~OLICI' t=XPIRATION • ~• ""' "' ""' DATA MM/DD/YY I DATE MM/OD/YY I LIMITS GENERAL LIABILITY' "' I I EACH OCCURRENCE s i_ o n n n n X COMMERCIAL GENERAL LIABILITY ~ ' I 1 AU OM481LE UABIITTY I -_ .I ANYAUT'O ALL.OWNEDAU70S $ SCHEDIII.EOAUTOS ,p, g X HIREo Auros ~ NON-OWNEDAUTOS PTP 10 X000„. , 8 I GARAGE LIABILITY I i ANY AUTO :S:JUMBRELLA LIABILITY OCCUR CI CLAIMSMADE I DEDUCTIBLE RETENTION S WORKQR$COMPENSATIONAND EMPLOYERS LIABILITY aVr FROFwEroR~FnarNEruExECLn'IVE OFGICEWA1CMaER EXCLUDED? f~ ~ ~ COMBINED SINGLE IIMtT I $ (Ee acatlent) BODILY INJURY " f . - ~ $ 1~Pa~l 01/t4/09 01/Z4/IO .. ..S 'BODILY INJURY (Pefx~itl6rR) I P RO ~R ~ DAMAGE $ r d 1 I AUTO. ONLY-EAACCIDENt g ~- EA AGC $ OTHERTHAN ,~ ' , _ AU'fOONLY: AGG ' g O I `EACH OCCURRENCE 1 $ j L _ - A(3GREGATE - + S I I ..~ ~ ---.... .. ~ ~ E.L. EACH ACCIDENT $ _ E.L. DISEASE • EA EMPLOYEE $ E.L. DISEASE • POLICY LIMIT I g A I OTHER PHYS DAM ICAO-33-59-832-3 ~ 01 14 01 I CC+MP/COLE pR AFT/CAC/CALL DESCRIPTION OF pPFfWTIONS /LOCATIONS / VEHICLES /EXCLUSIONS ADDED BY ErvbORSEMEN7 / SPCCWL PF GL-CLASSIFICATION LANDSCAPE & GARDENING SEE ATTACHED SCxEDULl BELOW IS ADDITIONAL INSURED A/INSURER (A) & ($); CI7.'Y of MIAMI BEACFI 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 + ..~ 1si.:4:ICi1+ E'1C~11 : Maki SCHED . DEDUCTIBLE: x,000 SHOULD ANY OF THE ABOVE OESG`RIBED POLICIES (iF_ CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR r0 MAILZO OAY9 WRITTEN NOTICE TO THE CERTIFICATE HOI.Dt:R NAMED TO THE LEFT, BUT FAILURE 70 DO SO SHALL IMPOSE NO 06LIGATION OR LIA{tll I'iv OF ANY KIND UPON THE INSURER, ITB gGENTS OR ATIVF ,. I CLAIMSMADE I X OCCUR GEN1 AGGREGATE LIMIT APPLIES PER ~~ POLICY i- I jE0 LGC , Y ' MED DCP IArtY On6 pBn30n) I $ oUS032000085 07/29/09 07/29/10 I PERSONaLaADVINJURY •• $ GENERAL. AGGREGATE ' S I PF+ODUCT3 - COMP/pP AGG . g CAO-33-59-832-3 500,000 ACORD25(2001/08) ®ACORD CORPORATION 1988 THIS SCHEDULE FORMS A PART OF POLICY# CAO-33-59-832.3 POLICY EFFECTIVE: 1114109-10 INSURED: SUNSET SOD, INC VEHICLES: YEAR MAKE VIN# 2005 INT'L STR TRUCK 2005 P/B STR TRUCK 1994 TOR1N0 FB TRL 2001 FRUEHAUF Fg TRI~ 2002 FORD F350 2007 FORD F750 FB TRUCK 2007 MACK TRACTOR 1 HTMSAAR25J024447 2NPLLZ9X95M875704 3585FLT6X12609094 1JJF452F11S758763 1 FTWW33F42EC37025 3FRXW75F57V486814 1 M 1 AJ0.7Y97N007782 12/15/09 2.0 PURCHASE, DELIVERY AND INSTALLATION OF SOD ITB # 46-08/09 SPECIAL CONDITIONS 2.1 PURPOSE: The purpose of this bid is to establish a contract, by means of sealed bids, for the purchase, Delivery and Installation of Sod for the City of Miami Beach Parks and Recreation Department on an as needed basis, from a source(s) of supply that will give prompt and efficient service. 2.2 TERM OF CONTRACT: This contract shall remain in effect for three (3) years from date of contract execution by the Mayor and City Clerk, and may be renewed by mutual agreement for two (2) additional years, on a year to year basis. 2.2.1 Orders will be placed to vendors on an as needed basis to meet City usage requirements. 2.2.2 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. 2.3 METHOD OF AWARD Award of this contract may be made to the primary and secondary Lowest and Best Bidders, as defined in General Conditions 1.38. Should the primary vendor fail to comply with the Terms and Conditions of this Contract, the City reserves the right to award to the secondary vendor, if it is deemed to be in the best interest of the City. Award of orders will be based on the vendor's pricing and availability of materials at the time the need arises. However, the City reserves the right to award per line item and/or by group, should it be determined it is in the City's best economic interest. It shall be the sole prerogative of the City as the total amount of awarded vendors on this contract. During the term of this contract, the City reserves the right to add or delete vendors as it deems necessary, in its best interest. 2.4 PAYMENT: Invoices for payment will be submitted upon delivery. Invoices will be subject to verification and approval by the ordering Department's designated representative. 2.5 SHIPPING TERMS: Prices shall include freight to City's premises, and shall be F.O.B. Destination. Vendor shall hold title to the goods until such time as they are delivered, installed and accepted by an authorized City representative. 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: A Pre-bid conference will be held on September 29, 2009 at 10:00 a.m. in the City Manager's Small Conference Room, 4th Floor, City Hall, and 1700 Convention Center Drive, Miami Beach, Florida 33139. 9/14/2009 City of Miami Beach 17 of 34 ITB-46-08/09 Attendance (in person or via telephone) to this Pre-bid meeting is encouraged and ' recommended as a source of information, but is not mandatory. Bidders interested in ' participating in the pre-bid submission meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America) (2) Enter the MEETING NUMBER: *2659980* (note that number is preceded and followed by the star (*) key). 2.8 CONTACT PERSON: The contact person for this Invitation to Bid is Shirley Thomas. The contact person may be reached by phone: 305.673.7490; fax: 786.394.4011; ore-mail: sthomasCa~miamibeachfl.gov. proposer, bidder, lobbyist or consultant and Procurement Staff is limited to matters of process or procedure. Requests for additional information or clarifications must be made in writing to the contact person, with a copy to the City Clerk, no later than ten (10) calendar days prior to the scheduled Bid opening date. The City will issue replies to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the deadline for responding to the Bid. Bidders should not rely on representations, statements, or explanations other than those made in this Bid or in any written addendum to this Bid. Bidders should verify with the Procurement Division prior to submitting a bid that all addenda have been received. YOU MUST FAMILIARIZE YOURSELF WITH GENERAL CONDITION 1.55, ENTITLED CONE OF SILENCE, WHICH SETS FORTH THE POLICIES AND PROCEDURES RELATIVE TO ORAL AND WRITTEN COMMUNICATIONS. 2.9 DELIVERY TIME: Vendors shall specify on the attached Bid Form the estimated delivery time (in calendar days) for each item. Upon delivery, all materials shall be unloaded by vendor. Delivery shall be prior to 3:30 PM, Monday through Friday with-in the City of Miami Beach. 2.10 DISCOUNTS (From published price lists): Bids shall be submitted on the basis of a discount from a manufacturers published price list(s). Such published price list(s) must be common to, and accepted by, the industry in general. The lists must be printed, properly identified, and dated as to issuance and effectiveness. Revised published prices list(s) maybe used as a means of price adjustments. However, all bids are to be firm through September 30, 2008, and revised price list(s)will not be accepted by the City until after that date. Revised published price list(s) will be accepted only in the event of an industry-wide price change, as evidenced by the issuance of revised price lists by the manufacturer. Revised prices will not become effective until revised list(s) are submitted to the City under the vendor cover letter identifying the applicable bid number. Vendor cover letter and pricing list(s) must be dated, signed and submitted to the Procurement Director. sn a/zoos City of Miami Beach 18 of 34 ITB~36-08/09 `2.11 ESTIMATED QUANTITIES: Quantities, if stated, are for Bidders' guidance only and no guarantee is given or implied as to quantities that will be used during the contract period. Estimated quantities are based upon previous needs. Said estimated quantities may be used by the City for the purpose of evaluating the low Bidder meeting specifications. 2.12 WARRANTY: The successful bidder will be required to warranty all equipment and parts supplied. The successful bidder must accept return for full credit for items shipped in error or damaged in shipment. The City of Miami Beach shall return items in "as received" condition. 2.13 GUARANTEE: The successful bidder will be required to guarantee all work performed for Installation for a minimum of one (1) year. 2.14 REFERENCES (PROVIDE REFERENCES, IN THE CUSTOMER REFERENCE FORM) Bidder's shall furnish the names, addresses, telephone numbers, and a-mail address of a minimum of six(6) firms or government organizations for which the Contractor is currently furnishing or has furnished, similar services. 2.15 FACILITY LOCATION: Materials will be delivered to the Parks and Recreation Department located at 2100 Meridian Avenue, Miami Beach, Florida 33139 or other locations within the City limits as requested at time of ordering. 2.16 BIDDER QUALIFICATIONS: In order for bids to be considered, bidders must submit with their bid, evidence that they are qualified to satisfactorily perform the specified service. Evidence shall include all information necessary to certify that the bidder: maintains a permanent place of business; is an authorized distributor of the items specified in their proposal; has not had just or proper claims pending against him or his firm; and has provided similar type products. The evidence will consist of listing of contracts for similar equipment that have been provided to public and private sector clients, within the last three (3) years, and letter from the manufacturer that bidder is an authorized distributor for the proposed manufacturer. 2.17 LATE BIDS: At time, date, and place above, bids will be publicly opened. Any bids or bids received after time and date specified will be returned to the bidder unopened. The responsibility for submitting abid/bid 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. 2.18 COMPLETE INFORMATION REQUIRED ON BID FORM: All bids must be submitted on the attached Bid Form and all blanks filled in. To be considered a valid bid, the ORIGINAL AND THREE (3) COPIES of the Bid Form pages and all required submittal information must be returned, properly completed, in a sealed envelope as outlined in the first paragraph of General Conditions. 2.19 EQUAL PRODUCT: Manufacturer's name, brand name and model number are used in these specifications for the purpose of establishing minimum requirement of level of quality, standards of performance and design required and is in no way intended to prohibit the bidding of other 9!14/2009 19 of 34 City of Miami Beach ITBll6-08/09 manufacturer's items of equal material, unless otherwise indicated. Equal (substitution} may be bid, provided product so bid is found to be equal in quality, standards of performance, design, etc. to item specified, unless otherwise indicated. Where equal is proposed, bid must be accompanied by complete factory information sheets (specifications, brochures, etc.) and test results of unit bid as equal. The City, after evaluation of the documentation submitted, will determine if products is approved as equal to specified. 2.20 USAGE REPORTS: The City may request Annual Usage Reports from successful bidder(s), to include: item number, item description, quantity ordered/supplied, unit/extended costs and total dollar amount citywide and per department. 2.21 MIAMI-DADE/STATE CONTRACTS: The City reserves the right to purchase supplies such as the ones specified in this contract from Miami Dade County or State Contract Vendors should it be determined that it is in the City's best interest. 2.22 CUSTOMER SERVICE: Excellent customer service is the standard of the City of Miami Beach. As contract employees of the City, all employees will be required to adhere to the City's "Service Excellence" standards and expected to conduct themselves in a professional, courteous and ethical manner in all situations. The successful bidder's employees must work as a cooperative team of well-trained professionals, and must serve the public with dignity and respect. All business transactions with the City will be conducted with honesty, integrity, and dedication. sna/2oos 20 oI'34 City of Miami Beach ITB-46-08/09 PURCHASE, DELIVERY AND INSTALLALTION OF SOD ITB # 46-07/08 Proposal page 1 of 5 3.0 SPECIFICATIONS Sod shall be of an even thickness and with good root structure, free if pests and 95% free of noxious weeds, freshly mowed before cutting and in a healthy condition. Sod must be grown in a soil compatible to that in which it will be installed when purchased for delivery, installation, or pick-up. Sod must be kept moist prior to delivery and after installation. Scope of work may consist of delivery/removal of existing sod/site preparation/installation. Sod shall be protected against drying and breaking by covering palettes of sod or placing in a shaded area. Deliveries/installations shall be timed to that sod is placed within (24) twenty-four hours after stripping. Delive :All prices to include delivery to the designated site or to the Greenspace Management Operations Facility located at 2100 Meridian Avenue, Miami Beach, FL; Monday through Friday, exclusive of holidays, unless otherwise specified; between the hours of 6:30am - 3:OOpm. Locations for placement of individual pallets to be designated by the City of Miami Beach Greenspace Management Division and delivered when requested. Site Preparation and Installation: Remove existing sod (if required) and weeds shall be treated with Monsanto's "Round-Up" per manufacturer's specifications. And all proposed areas adjacentto water bodies to be treated with "Rodeo" per the manufacturer's specifications;flnish grade soil to a smooth and even surface removing all debris and aggregate and ensure positive drainage away from buildings and the subsequent turf flush to the tops of adjacent curbs and sidewalks. Spread 80/20 mix as needed; and install sod on topsoil. Installation: Sod squares should be installed so lengthwise joints are laid tightly with closely abutting staggered joints with an even surface edge in a neat and clean manner with no overlapping pieces or large gaps between squares to the edge of all paving and shrub areas; perimeter edge of all new sod areas should be "cut in" by cutting soil level down 1-1/2 inches below top of existing grade and hardscape prior to laying sod; roll sod after installation to eliminate air pockets, provide a true and even surface and insure knitting without any displacement of the sod or deformation of the surfaces of the sodded areas. On slopes steeper than 2:1 and as required, the sod shall be fastened in place with suitable sod pins approved by the City. 911412009 21 of 34 City of Miami Beach ITB-46-08/09 .r~ n PURCHASE, DELIVERY AND INSTALLALTION OF SOD ITB # 46-8~?QS' Q ~ - ~ q Proposal page 2 of 5 t Company Name JC~nSe.-{- ~Oa ~-n C. We propose to furnish F.O.B Destination, freight prepaid the following material GROUP I Delivered, Unloaded and Installed Items Description Delivered Unloaded and Installed Estimated Per Cost per pallet Q Per Yr. Quanf 1. St. Augustine, Floratam weed-free (500 SF/ per pallet 300 pallets 1-5 00 $ 135 - 5-Plus $ t 3°"' Install in 10 calendar da s from recei t of order 2. St. Augustine, Palmetto, weed-free (500 SF/per pallet 600 pallets 1-5 $ 1 ~_°f~ 5-plus $ ~ ~'~~ Install in 10 calendar days from receipt of order 3. Bermuda grass "Tifway 419, weed-free (400 SF/ per pallet 400 pallets 1-5 $ y ~p0°O 5-plus $ ' J~'"060 Install in 10 calendar da s from recei t of order 4. Bahia grass weed-free, (400 SF/per pallet 100 pallets 1-5 $~`~ 5-plus $ O8~ Install 10 in calendar da s from recei t of order 5. Paspalum grass "Supreme" weed-free (400 SF/per pallet 600 pallets 1-5 $ S~°-° 5-plus $~~O~ Install 10 in calendar da s from recei t of order 6. Zoysia grass, weed-free (500 SF/per pallet 60 pallets 1-5 $~~° 00 5-plus $ I q o - Install 10 in calendar da s from recei t of order Group 1 Total $ _I 9/14/2009 City of Miami Beach PURCHASE, DELIVERY AND INSTALLALTION OF SOD ITB # 46-07/08 Proposal page 3 of 5 GROUP II Loaded on city truck by vendor, pick-up Items Description- Loaded on City truck by vendor pick up Estimated Per Cost per pallet Qty Per yr. Quantity 1. St. Augustine, Floratam weed-free (500 SF/per pallet 60 pallets 1-5 $~rao $ n,nd° ~~ v 5-Plus Install in 2 calendar da s from recei t of order 2. St. Augustine, Palmetto, weed-free (500 SF/per pallet 120 pallets 1-5 $ ~ O'S 5-plus oD $ ~ ~ Install in 2 calendar da s ftom recei t of order 3. Bermuda grass "Tifway 419, weed-free (400 SF/ per pallet 100 pallets 1-5 r~ $_~~ 5-plus $ ~ O~ co Install in 2 calendar da s from recei t of order 4. Bahia grass weed-free, (400 SF/per pallet 100 pallets 1-5 $~ )~~ 5-plus $~~~ Install in 2 calendar da s from recei t of order 5. Paspalum grass "Supreme" weed-flee (400 SF/ per pallet 100 pallets 1-5 $_~t~°`' 5-plus $ ~ ~I O o0 Install in 2 calendar da s from recei t of order 6. Zoysia grass, weed-free (500 SF/per pallet 60 pallets 1-5 $~~~ 5-plus $ ~ ~~~ Install in 2 calendar da s ftom recei t of order Group II Total $ I ~S 3~ 9/14/2009 City of Miami Beach 23 of 34 ITB-46-08/09 PURCHASE, DELIVERY AND INSTALLALTION OF SOD ITB # 46-07/08 Proposal page 4 of 5 GROUP III Delivered and Unloaded by vendor „' Items Description- Delivered and Unloaded by vendor Estimated Per Cost per pallet Qty Per Yr. Quantity 1. St. Augustine, Floratam weed-free (500 SF/ per pallet 60 pallets 1-5 $__~o ._ $ 100" 5-Plus Install in 2 calendar da s from recei t of order 2. St. Augustine, Palmetto, weed-free (500 SFlper pallet 120 pallets 1-5 $ 1 f S °O 5-plus $ I 1 O °~ Install in 2 calendar da s from recei t of order 3. Bermuda grass "Tifway 419, weed-free (400 SF/ per pallet 100 pallets 1-5 $° 130pO 5-plus $ ~ri~°° Install in 2 calendar da s from recei t of order I ~-.~ °O 4. Bahia grass weed-free, (400 SF/per pallet 100 pallets 1-5 $ "7 O aO 5-plus $~D~° Install in 2 calendar da from recei t of order 5. Paspalum grass "Supreme" weed-free (400 SF/ per pallet 100 pallets 1-5 $~,~°° 5-plus $ SOS a-° Install in 2 calendar da s from recei t of order 6. Zoysia grass, weed-free (500 SF/per pallet 60 pallets 1-5 $J,~O"° 5-plus $ ~'I S °a Install in 2 calendar da s from recei t of order Group III Total $ sna/loos City of Miami Beach i CO o a °° za or3a I'rBjl6-08109 PURCHASE, DELIVERY AND INSTALLTION OF SOD ITB# 46-08/09 Proposal page 5 of 5 GROUP IV Item Removal and Disposal Cost per S.F. 1. Removal and disposal, (Unit per SF) $ I Removal and disposal within 10 calendar days from receipt of order GROUP V Item Grade and Site Preparation Cost per S.F. 1. Grading and site preparation, (Unit per SF) $ . 35 Grading and site preparation within 10 calendar days from receipt of order 4 . ~. ~ . . 9/14!2009 City a Miami Beach 25 of 34 1TB1t6-08/09 PURCHASE, DELIVERY AND INSTALLTION OF SOD ITB# 46-08/09 PAYMENT TERMS NET 30. other, specify here ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE. SUBMITTED BY: F-a--~-I~, I-ee.~ ~~ ter. ct.~ ~e Z.. COMPANY NAME: Sc..t.n s ~e, -~ Sad ~'.--G SIGNED: (I ertify that I am authorized to execute thi d and commit the bidding firm) Bidders must acknowledge receipt of addendum (if applicable). Addendum No. 1: Insert Date Addendum No. 3: Insert Date Addendum No. 5: Insert Date NAME/TITLE(Print): 1L a-~+-~ t.~.~„ Addendum No. 2: Insert Date Addendum No. 4: Insert Date Addendum No. 6: Insert Date rnci.~ i ~,• 9 ADDRESS: I ~J 1 OO Sc..J 1 a-~{- F~-y~e. - CITY/STATE: ~1 lp.n1 ~ F.~ ZIP:___ ~~ I g ~ TELEPHONE NO: 30 ~- ~~ ~- ~-~~ ~-- FACSIMILE NO: ~ 8 ~o ~" ~- y-~- - ~1 ci ~ g FEDERAL I.D.#: ~~ - ~ ~- Z- I C~1 (0 SIGNED: si~aizoos City of Miami Beach 'p. o. >3~~c ! coo' V-` Y''1 ~ c ~ FI 33 1 1 to 26 of 34 ITB-46-08/09 PURCHASE, DELIVERY AND INSTALLTION OF SOD ITB# 46-08/098 BID CNECK LIST To ensure that your bid is submitted in conformance with the Contract Documents, please verify that the following items have been completed and submitted as required. X Original and three copies of bid (including all submittal information) General Conditions Section 1.1 Special Conditions Section 2.22 X Execution of Bid General Conditions Section 1.2 N/A Equivalents/Equal Product General Conditions Section 1.10 Special Conditions Section 2.24 Insurance and Indemnification (including Insurance Checklist) X General Condition Section 1.26 General Conditions Section 1.58 Bid Guaranty/Performance Bond NIA General Condition Section 1.27 X Warranty General Condition Section 2.17 NIA Product/Catalog Information Special Conditions Section 2.15 X References Special Conditions Section 2.18 and Page 27 X Bidder Qualifications Special Conditions Section 2.22 X Minimum to Specifications Special Conditions Section 3.0 Contractor's Questionnaire X (Page 31,32) Declaration: Non-discrimination in Contrats and Benefits X Past Performance Client Survey Information (sent to clients) X 9114/2009 27 of 34 City of Miami Beach ITB~6-08/09 PURCHASE, DELIVERY AND INSTALLTION OF SOD ITB # 46-08!09 CUSTOMER REFERENCE LISTING Bidder's shall furnish the names, addresses, and telephone numbers of a minimum of six(6) firms or government organizations for which the Contractor is currently furnishing or has furnished, similar services. 1) Company Name ~ad ~. Lo~.r..n-~-,.~ P~,~-b 1 ~ c. S ~l•-o01s Address ~ ~. 'S ~..5 /11 ~,,J ~. '~ ~y~ r1 u. ~, Contact Person/Contract Amount ~ W cc.u n ~ \~ , I I i 5 ~ q °I ~ 000 We o.i-c on oui.r Telephone No.~JOs'ggS -~B~°I Fax No. 3~d e,c-~v+s~o.-~,~eo.~l.~ zo,.,-I.rAC~-I- E-mail ~, W 1 ~ ~ i S ~ G~. 0.G ~2 SG ~1 c~ S , rl e.'~" ~~ ~ X05- q°IS~°1~ 2) Company Name 1 - ~ To ~ C n-~-~c r ~ r l S~c S Address ~ ~ ~ OBI Sc.J dj'$ L-~- Contact Person/Contract Amount Jot Po~-~ef" Telephone No. 3059-SS- ~ I~~ Fax No. 30 S~ eZSS - ~-L0 Sj E-mail 3) Company Name ~ IaM i ~ad e ~oun~-~, ~ o~ ~-~ ~A s-~-e. Address ~-1 X00 Nc,J ~(-'1 Q.V~ Contact Person/Contract Amount ~n (`~ C ~- nne y Telephone No.~05 - CA a O -S I I ~ Fax No. ~'0 S - ~" S CO ~- o S I Ca to E-mail sr~arzoos 28 of 3a City of Miami Beach ITB~16-08/09 CUSTOMER REFERENCE LISTING (CONTD.) 4) Company Name ~ I a.m ~ ~d~ Gou.,~-~~., Yn~.r ~S ~ ~~ C Address ~-~~DD s c~ I ~~ ~ A-~/2 Contact Person/Contract Amount~~O.r r ~ e ~or e~ Telephone No. ~~ S - o~S~ -vr ~~jFax No. ~ S ' o~ S~ "~~toS E-mail M l n..r- ~ nr1-~~_rn~- ~ ~1~1 P . t:, n~i 5) Company Name l~~O~nG.n,t" I G IJ~ S ~ G,'~ 5 Address ~~~ S C.t] 'S~ s-}- Contact Person/Contract Amount 20 her k QtrS 1e Telephone No. ?SOS- (9(u 5 pl 1088 Fax No. ~O S ' Ln (Dg ~ ~ ~-~~p E-mail 6) Company Name ~ iam ~ ~a.d2 ~o ~ ~ ea~e Address ~ i D l~ S c~ ~ d~ S~ Contact Person/Contract Amount od Telephone No. Fax No. 305- ~-3~1 ' ~ ~0 ~ }- E-mail '7~ ~ ~ '~- y O 'Y ~ Y I~ O~- M i r•'Jc- a c~ ~Gl-Ir ~ S I ~pM,~ n C,~ O G u G~n~2 i'Y1 t~ ~ ~ ~~-~ 9/142009 City of Miami Beach 29 of 34 I7'B~6-08/09 PURCHASE, DELIVERY AND INSTALLATION OF SOD ITB- 46-08/09 CONTRACTOR'S/ BIDDER'S QUESTIONNAIRE :, ,r~,. . ~, ~ t NOTE: Information supplied in response to this questionnaire is subject to verification. Inaccurate or incomplete answers maybe grounds for disqualification from award of this bid. Submitted to The Mayor and City Commission of the City of Miami Beach, Florida: By Su.nSe~ Sc>d =/~G - K0.•-~.l~oer~ {-~err+a..~,dcz Principal Office ~ 31 b0 S W 1 a.~{- A-~l'e, ~ M 1 A` ~ l 3 3 1 '8t.o How many years has your organization been in business under your present business name?~S ~ rS ~u,-y tqa~- Does your organization have current occupational licenses entitling it to do the work/service contemplated in this Contract? ~~~ Please state license(s) type and number: ~Gc~e Co~~--, - ~ ~~-Cog3 -3 Include copies of above licenses and certificates with bid. Have you ever had a contract terminated due to failure to comply with contractual specifications? N o If so, where and why?_ N f i4 In what other lines of business are you financially interested or only Give references as to experience, ability, and financial standing ~n ~~tN~ss ~~ "mss w'~~-. 9/14/2009 City of Miami Beach 30 of 34 ITB~6-08/09 x` z PURCHASE, DELIVERY AND INSTALLTION OF SOD ITB- 46-08/09 CONTRACTOR'S /BIDDER'S QUESTIONNAIRE (CONTD.) Vendor Campaign Contribution(s): a. You must provide the names of all individuals or entities (including your sub-consultants) with a controlling financial interest. The term "controlling financial interest" shall mean 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. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. i~~,khl.P.e.• 1-~~~~~..~.d~z 1 c~ z~ `~ 6 b. Individuals or entities (including our sub-consultants) with a controlling financial interest: have _~have not contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom said contribution was made. I HEREBY CERTIFY that the above answers are true and correct. SEAL) (SEAL) 9/14/2009 City of Miami Beach 31 of 34 iTB~6-08/09 ~ ~ ~ ~ ' - MIAMI-q/1TJE'C~1U(J'[N's . ' ~ OgLaBU51NES5TAXREOEIF+T~; 2oh'oAv..- 2009 ;I.S ~ GL:ASS FIRST TAX CpLLECTQR , ' `~ INIAMI~~ADE COU~1T11; , STAIIE~'OFtFL'~fiIDA U•~ POSTAGI= .'~ 140 W "iFLAdLER ST. EXPIRE$'S~PT 3Q~:~20s90{~ ' f- ~ ' , ` RAID - ' *, 1~tsPLQOR gG~E~~~~~J51NES5 ~:--MUST BEDI5RLA`1fEpsq?1';P~. ~ ~ aMIAMI FL ' MIAMI,'FL 33130 '~ART. 9 & y 0 ' PURSUANT TO r."OUN~Y~COD~1^tlAPa'[~R18~~ PERMIT NO 231 12469.3--3 TH16 fS f~QT A~SILL - DO NOT"PAY .:,RENEWAL ~'~ ' ~~ BUSINES~~1~!~/,.E.QC~~~N `RECEIPT NO. ~ 124693-3 1;31bo'SW 124:AV E 3317G'UNIN=DARE COUNTY SOD INC ~W~FI ~ ISET - g y ~ Sec,TCU ~t~2 3THIS 1$.;CPILY',A -LOCAL'- ` ~9f/61ME9S T~U(iRECE1Pf•.R ; ;R4~S ,NOT,~RERFAIT 1HE - _ ~ 'H04DERrT-O LATE AAiI' ?EIOSi1NOiREOULATbRYOP.- , nle-. - CONING st"Awr o . _. - - DO NOT FORWARD ._ ~ F_, 'OOUH'61f?OR~ .."NOR-::. -GOES IT EXEMPT `SHE-. ~Ho4~RPROeezAHratHEn: SUNSET SOD INC ~""~ ~°R" ~ ~REOHIRE6~8Y 4AW.`1HIS+16 -~ KATHY WEBSTER , N . Ah-cERTIFlCA'noN'oF ~ ~ " ~ PO BOX 160744 '1to s'OLO ~ °t1A4'~ - N MIAMI FL 33116 .PAY.MENT RECEIVED. sMWA1-0ADE.COUNTY.TAXf:-' ~COL'LECTOR: .09/23/2009 ooal,a:D. o.o t„111„11,,,,11,,,1L1L111,,,1,,.,1,1„1,1„1,1„l,l~~~>g-,1 SEE OTHER SIDE C ~,. r, C u, m~ v <- c c .~ ~n w x 0 ~' m r \1 w iJ W U x tit O ~-- tX, C ~_ Cif F f 0 m .^-.. a, 'o, u r v. r c~ r, C ~, G O A ~ ~ ~. ~ O ~ ~1 ~_ \.J ~/ A ~~ ~ v; ti L ~. "~ ., . r ~~ ~ ~` ~~ ~ ~ ~ ~ ~ ~° ~a ~ D ~ 4 ~ ~ . ~ N o ® ~ o c°o ~ ~ ~ ~ d ~ ~ ~ ~ c-i° ~ t~ Jam; ~ ~~ pel a ~® ~1Y j I, T j~ ~ e ' 'f l ~ I ~ D ~ ~ ~ ~ LAl . j ® ~ ~ N 0 as ~~ ~ P O ~ ~ ~~ T6Ji ® ~ h; r-f- Y n ^ 3 ~- ~~ 0 0 ~a~ Uj~l ~~ ~~, N r ~ ro ~ ~ ti`s . ~r~~ ~s~ wr. ~,. y~~,. Wis. ~~: :.~~,, ~< ~.. l f.:.~si t:2;~.~b.. ~a,1. ~~ /;( ~~ MIAMIBEACH City of Miami Beaeh, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 ,Fax: 786.394.401 1 September 14, 2009 To: Phone: Fax: E-mail: Subject: Performance Evaluation of Number of pages including cover: 2 To Whom It May Concern: The City of Miami Beach has implemented a process that collects past performance information on companies that provide purchase, delivery and installation of sod information will be used to assist City of Miami Beach in the procurement of sod. The group or individual listed in the subject line has chosen to participate in this program. They have listed you as a past client that they have done work for. Both, the group or individual and City of Miami Beach would greatly appreciate you taking a few minutes out of your busy day to complete the accompanying questionnaire. Please review all items in the following attachment and answer the questions to the best of your knowledge. If you cannot answer a particular question, please leave it blank. Please return this questionnaire to Shirley Thomas by October 15 at 3:00 p.m. by fax: 786.394.4011; or a-mail sthomas miamibeachfl.gov. Thank you for your time and effort. Gus Lopez, CPPO Procurement Director 9/14/2009 32 of 34 City of Miami Beach ITB~6-08/09 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490, Fax: 786.394.4011 PERFORMANCE EVALUATION SURVEY Group or individual Name: Point of Contact: Phone and a-mail: Please evaluate the performance of the group or individual (10 means you are very satisfied and have no questions about hiring them again, and 1 is if you would never hire them again because of very poor performance). If you don't know, please leave blank. NO CRITERIA UNIT l Ability to fill purchase orders accurately (1-10) 2 Ability to maintain delivery schedule (on-time /conforming to re lated deliv hours or earl ( } 1-10 3 Professionalism and ability to manage (includes responses and nom t a ents to s liens and subcontractors (1-10} 4 Professionalism ofdeliv services 1-10 5 Condition of products at delivery (1-10) 6 ualit of Products 1-10 7 Abili to rovide roductsunderemer enc conditions 1-10 8 Overall customer satisfaction based on performance and quality of products (1-10) Overall Comments: Agency or Contact Reference Business Name: Contact Name: Contact Phone and a-mail: Date of Services: Dollar Amount for Services: Please fax this questionnaire to Shirley Thomas at 786-394-4011 9/14/2009 33 of34 City of Miami Beach ITB~36-08/09